Document ID: chunk:federal_register_of_legislation:C2025C00155:section:183cc:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 183CC (pt 1/2)
Character Range: 1149914–1152468

183CC  Requirements for grant of licence
 (1) Where an application is made, the Comptroller‑General of Customs shall not grant a broker's licence if, in his or her opinion:
 (a) where the application is made by a natural person:
 (i) the applicant is not a fit and proper person; or
 (ii) the applicant is not qualified to be a customs broker; or
 (iii) an employee of the applicant who would participate in the work of the applicant if he or she were a customs broker is not a fit and proper person; or
 (b) where the application is made by a company:
 (i) a director of the company who would participate in the work of the company if it were a customs broker is not a fit and proper person; or
 (ii) an officer or employee of the company who would participate in the work of the company if it were a customs broker is not a fit and proper person; or
 (iii) the company is not a fit and proper company to hold a broker's licence; or
 (c) where the application is made by a partnership:
 (i) a partner in the partnership is not a fit and proper person; or
 (ii) an employee of the partnership who would participate in the work of the partnership if it were a customs broker is not a fit and proper person.
 (2) For the purposes of subsection (1), an applicant shall be taken to be qualified to be a customs broker if, and only if:
 (a) except where the applicant has been exempted under subsection (3), the applicant has completed a course of study or instruction approved under subsection (5); and
 (b) the applicant has acquired experience that, in the opinion of the Comptroller‑General of Customs, fits the applicant to be a customs broker.
 (3) The Comptroller‑General of Customs may, by writing signed by him or her, exempt an applicant from the requirements of paragraph (2)(a) where, having regard to the experience or training of the applicant, he or she considers that it is appropriate to do so.
 (4) The Comptroller‑General of Customs shall, in determining whether a person is a fit and proper person for the purposes of subsection (1), have regard to:
 (a) any conviction of the person for a prescribed offence committed within the 10 years immediately preceding the making of the application; and
 (aa) whether the person has been refused a transport security identification card, or has had such a card suspended or cancelled, within the 10 years immediately preceding the making of the application; and
 (b) whether the person is an undischarged bankrupt; and
 (c) any misleading statement made in the application by or in relation to the