Document ID: chunk:federal_register_of_legislation:C2025C00155:section:86:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 86 (pt 1/6)
Character Range: 413189–415773

86  Suspension of warehouse licences
 (1) The Comptroller‑General of Customs may give a notice under subsection (1AA) to the holder of a warehouse licence if the Comptroller‑General has reasonable grounds for believing that:
 (a) one or more of the matters mentioned in any of paragraphs 86(1AC)(a) to (f) exists for each warehouse covered by the licence (whether or not the one or more matters existing for each warehouse are the same); or
 (c) where the licence is held by a natural person—that person is not a fit and proper person to hold a warehouse licence; or
 (d) where the licence is held by a partnership—a member of the partnership is not a fit and proper person to be a member of a partnership holding a warehouse licence; or
 (fa) where the licence is held by a company—the company is not a fit and proper company to hold a warehouse licence; or
 (g) a condition, other than a condition that relates to at least one, but not all, of the warehouses covered by the licence, to which the licence is subject has not been complied with; or
 (h) an amount of a warehouse licence charge payable in respect of the licence remains unpaid more than 28 days after the day the amount was due to be paid;
or it otherwise appears to him or her to be necessary for the protection of the revenue, or for the purpose of ensuring compliance with the Customs Acts, any other law of the Commonwealth prescribed by the regulations or a law of a State or Territory prescribed by the regulations, to give the notice.
 (1AA) A notice under this subsection:
 (a) must state that, if the licence holder wishes to prevent the cancellation of the licence, the holder may, within 7 days after the day on which the notice was served, give to the Comptroller‑General of Customs at an address specified in the notice a written statement showing cause why the licence should not be cancelled; and
 (b) may, if it appears to the Comptroller‑General of Customs to be necessary to do so:
 (i) for the protection of the revenue; or
 (ii) for ensuring compliance with the Customs Acts, any other law of the Commonwealth prescribed by the regulations, or a law of a State or Territory prescribed by the regulations;
  state that the licence is suspended.
 (1AB) If a notice under subsection (1AA) states that a licence is suspended, the licence is suspended on and from the service of the notice.
 (1AC) If a warehouse licence covers more than one warehouse, the Comptroller‑General of Customs may give a notice under subsection (1AD) to the licence holder if the Comptroller‑General has reasonable grounds for