Document ID: chunk:federal_register_of_legislation:C2025C00155:section:77n:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 77N (pt 1/3)
Character Range: 356955–359573

77N  Conditions of a depot licence—general
 (1) A depot licence is subject to the conditions set out in subsections (2) to (10).
 (2) The holder of a licence must, within 30 days after the occurrence of an event referred to in any of the following paragraphs, give the Comptroller‑General of Customs particulars in writing of that event:
 (a) a person not described in the application for the licence as participating in the management or control of the depot commences so to participate;
 (b) in the case of a licence held by a partnership—there is a change in the membership of the partnership;
 (c) in the case of a licence held by a company:
 (i) the company is convicted of an offence of a kind referred to in paragraph 77K(3)(a) or (b); or
 (ii) a receiver of the property, or part of the property, of the company is appointed; or
 (iii) an administrator of the company is appointed under section 436A, 436B or 436C of the Corporations Act 2001; or
 (iv) the company executes a deed of company arrangement under Part 5.3A of that Act; or
 (v) a small business restructuring practitioner for the company is appointed under section 453B of that Act; or
 (vi) the company makes a restructuring plan under Division 3 of Part 5.3B of that Act;
 (d) a person who participates in the management or control of the depot, the holder of the licence or, if a licence is held by a partnership, a member of the partnership:
 (i) is convicted of an offence referred to in paragraph 77K(2)(a) or (b); or
 (ii) becomes an insolvent under administration; or
 (iii) has been refused a transport security identification card, or has had such a card suspended or cancelled, within the applicable period referred to in paragraph 77V(2)(e).
 (2A) The holder of a licence must not cause or permit a substantial change to be made in:
 (a) a matter affecting the physical security of the depot; or
 (b) the keeping of records in relation to the depot;
unless the holder has given to the Comptroller‑General of Customs 30 days' notice of the proposed change.
 (3) The holder of the licence must pay to the Commonwealth any prescribed travelling expenses payable by the holder under the regulations in relation to travelling to and from the depot by a Collector for the purposes of the Customs Acts. For that purpose, the regulations may prescribe particular rates of travelling expenses in relation to particular circumstances concerning travelling to and from a depot by a Collector for the purposes of the Customs Acts.
 (4) The holder of the licence must stack and arrange goods in the depot so that authorised officers have reasonable