Document ID: chunk:federal_register_of_legislation:C2025C00155:section:77v:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 77V (pt 1/3)
Character Range: 367894–370430

77V  Notice of intended cancellation etc. of a depot licence
 (1) The Comptroller‑General of Customs may give a notice under this subsection to the holder of a depot licence if:
 (a) the Comptroller‑General of Customs is satisfied that:
 (i) the physical security of the depot is no longer adequate having regard to the matters referred to in paragraph 77K(1)(h); or
 (ii) if the licence is held by a natural person—the person is not a fit and proper person to hold a depot licence; or
 (iii) if 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 depot licence; or
 (iv) if the licence is held by a company—a director, officer or shareholder of the company who participates in the management or control of the depot is not a fit and proper person so to participate; or
 (v) an employee of the holder of the licence who participates in the management or control of the depot is not a fit and proper person so to participate; or
 (vi) if the licence is held by a company—the company is not a fit and proper company to hold a depot licence; or
 (vii) a condition to which the licence is subject has not been complied with; or
 (viii) a licence charge payable in respect of the grant of the depot remains unpaid more than 30 days after the grant of the licence; or
 (b) the Comptroller‑General of Customs is satisfied on any other grounds that it is necessary to cancel the licence 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.
 (2) In deciding whether a person is a fit and proper person for the purposes of subparagraphs (1)(a)(ii) to (v), the Comptroller‑General of Customs must have regard to:
 (a) whether or not the person is an insolvent under administration; and
 (b) any conviction of the person of an offence against this Act, or of an offence against another law of the Commonwealth, or a law of a State or of a Territory, punishable by imprisonment for one year or longer, that is committed:
 (i) if the licence has not been renewed previously—after the grant of the licence or within 10 years immediately before the grant of the licence; or
 (ii) if the licence has been renewed on one or more occasions—after the renewal or latest renewal of the licence or within 10 years immediately before that renewal; and
 (c) any misleading statement made under section