Document ID: chunk:federal_register_of_legislation:C2025C00155:section:77v:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 77V (pt 2/3)
Character Range: 370193–372764

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 77H or 77J in relation to the application for the depot licence by or in relation to the person; and
 (d) if any such statement made by the person was false—whether the person knew that the statement was false; and
 (e) whether the person has been refused a transport security identification card, or has had such a card suspended or cancelled:
 (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.
 (3) In deciding whether a company is a fit and proper company for the purposes of subparagraph (1)(a)(vi), the Comptroller‑General of Customs must have regard to:
 (a) the matters referred to in paragraphs 77K(3)(c) to (g); and
 (b) any conviction of the company 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 a fine of $5,000 or more, 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 the latest renewal of the licence or within 10 years immediately before that renewal;
  and at a time when a person who is presently a director, officer or shareholder of the company was a director, officer or shareholder of the company.
 (4) The notice under subsection (1) must be in writing and must be:
 (a) served, either personally or by post, on the holder of the depot licence; or
 (b) served personally on a person who, at the time of service, apparently participates in the management or control of the depot.
 (5) The notice under subsection (1):
 (a) must state that, if the holder of the depot licence wishes to prevent the cancellation of the licence, he or she may, within 7 days after the day on which the notice is 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: