Document ID: chunk:federal_register_of_legislation:C2008C00476:clause:3_77la:p1
Version: federal_register_of_legislation:C2008C00476
Segment Type: clause
Provision Reference: sch 3 cl 77LA (pt 1/2)
Character Range: 198545–201162

77LA  Variation of places covered by depot licence

 (1) The CEO may, on application by the holder of a depot licence, vary the licence by:
 (a) omitting the description of the place that is currently described in the licence and substituting a description of another place; or
 (b) altering the description of the place that is currently described in the licence.

 (2) The application must:
 (a) be in writing; and
 (b) be in an approved form; and
 (c) contain such information as the form requires; and
 (d) be signed in the manner indicated in the form; and
 (e) be accompanied by payment of the depot licence variation charge.

 (3) The CEO may, by written notice given to an applicant for the variation of a depot licence, require the applicant to supply further information in relation to the application within the period that is specified in the notice or within such further period as the CEO allows.

 (4) The CEO must not grant an application for the substitution of the description of a place not currently described in the licence, or for the alteration to the description of a place currently described in the licence, if, in the CEO's opinion:
 (a) the physical security of the place whose description is to be substituted, or of the place that would have the altered description, as the case may be, would not be adequate having regard to:
 (i) the nature of the place; or
 (ii) the procedures and methods that would be adopted by the applicant to ensure the security of goods in the place if the variation were made; or
 (b) the records that would be kept in relation to the place would not be suitable to enable Customs adequately to audit those records.

 (5) The CEO must not grant an application for the substitution of the description of a place not currently described in the licence if, in the CEO's opinion, the place would be too remote from the nearest place where officers who regularly perform their functions for Customs would be able conveniently to check whether the Customs Acts are being complied with at the place.

 (6) The CEO must decide whether or not to grant the application within 60 days after:
 (a) if paragraph (b) does not apply—the receipt of the application; or
 (b) if the CEO requires further information relating to the application to be supplied by the applicant under subsection (3) and the applicant supplied the information in accordance with that subsection—the receipt of the information.

 (7) If the CEO has not made the decision whether or not to grant the application within the period applicable under subsection (6), the CEO is taken to have refused the