Customs Depot Licensing Charges Amendment Act 2015

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Legislation au C2015A00140 In force Act

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Customs Depot Licensing Charges Amendment Act 2015

 

No. 140, 2015

 

 

 

 

 

An Act to amend the Customs Depot Licensing Charges Act 1997, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Customs Depot Licensing Charges Act 1997

 

 

 

Customs Depot Licensing Charges Amendment Act 2015

No. 140, 2015

 

 

 

An Act to amend the Customs Depot Licensing Charges Act 1997, and for related purposes

[Assented to 12 November 2015]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Customs Depot Licensing Charges Amendment Act 2015.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

12 November 2015

2.  Schedule 1

1 January 2016.

1 January 2016

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

 

Customs Depot Licensing Charges Act 1997

1  Title

After “depots”, insert “, warehouses and customs brokers”.

2  Before section 1

Insert:

Part 1—Preliminary

 

3  Section 1

Omit “Depot”.

Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901).

4  Section 3

Insert:

broker’s licence means a licence to act as a customs broker granted under section 183C of the Customs Act and includes such a licence that has been renewed under section 183CJ of that Act.

Comptroller‑General of Customs means the person who is the Comptroller‑General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015.

customs broker licence application charge means the customs broker licence application charge payable as set out in section 183CA of the Customs Act.

customs broker licence charge means the customs broker licence charge payable as set out in section 183CJA of the Customs Act.

warehouse licence means a licence granted under section 79 of the Customs Act and includes such a licence that has been renewed under section 84 of that Act.

warehouse licence application charge means the warehouse licence application charge payable as set out in section 80 of the Customs Act.

warehouse licence charge means the warehouse licence charge payable as set out in section 85 of the Customs Act.

warehouse licence variation charge means the warehouse licence variation charge payable as set out in section 81B of the Customs Act.

5  Before section 4

Insert:

Part 2—Depots

 

6  After section 6A

Insert:

Part 3—Warehouses

 

6B  Imposition of charges

 (1) Warehouse licence application charge payable as set out in section 80 of the Customs Act is imposed.

 (2) Warehouse licence charge payable as set out in section 85 of the Customs Act is imposed.

 (3) Warehouse licence variation charge payable as set out in section 81B of the Customs Act is imposed.

6C  Amount of warehouse licence application charge

  The amount of warehouse licence application charge payable by an applicant for a warehouse licence is $3,000, or, if another amount not exceeding $4,500 is prescribed, that other amount.

6D  Amount of warehouse licence charge—general

Grant of licence

 (1) The amount of warehouse licence charge payable in respect of the grant of a warehouse licence is:

 (a) for the grant of a warehouse licence that comes into force on a 1 July—$4,000, or, if another amount not exceeding $6,000 is prescribed, that other amount; or

 (b) for the grant of a warehouse licence that comes into force on a day in a financial year other than 1 July—the amount worked out using the formula:

  

Renewal of licence

 (2) The amount of warehouse licence charge payable in respect of the renewal of a warehouse licence is $4,000, or, if another amount not exceeding $6,000 is prescribed, that other amount.

Section subject to section 6E

 (3) This section is subject to section 6E.

6E  Amount of warehouse licence charge—dual‑licensed place

 (1) The amount of warehouse licence charge payable in respect of the grant or renewal of a warehouse licence is worked out under this section if:

 (a) the warehouse licence is for a place that is also a premises specified in a manufacturer licence granted under the Excise Act 1901; and

 (b) the place is used primarily for the manufacture of excisable goods classified under item 10 of the Schedule to the Excise Tariff Act 1921; and

 (c) goods determined in an instrument under subsection (2) of this section are used in the manufacture of those excisable goods.

 (2) The Comptroller‑General of Customs may, by legislative instrument, determine goods for the purposes of paragraph (1)(c).

Grant of licence

 (3) The amount of warehouse licence charge payable in respect of the grant of the warehouse licence is $1,000.

Renewal of licence

 (4) The amount of warehouse licence charge payable in respect of the renewal of the warehouse licence is $0.

Note: If paragraphs (1)(a), (b) and (c) are not satisfied, the amount of warehouse licence charge payable in respect of the renewal of the warehouse licence is worked out under section 6D.

6F  Amount of warehouse licence variation charge

  The amount of warehouse licence variation charge payable by an applicant for the variation of a warehouse licence is $300, or, if another amount not exceeding $450 is prescribed, that other amount.

Part 4—Customs brokers

 

6G  Imposition of charges

 (1) Customs broker licence application charge payable as set out in section 183CA of the Customs Act is imposed.

 (2) Customs broker licence charge payable as set out in section 183CJA of the Customs Act is imposed.

6H  Amount of customs broker licence application charge

  The amount of customs broker licence application charge payable by an applicant for a broker’s licence is:

 (a) if the applicant is a natural person who does not intend to act as a customs broker in his or her own right when the licence is in force—$130, or, if another amount not exceeding $195 is prescribed, that other amount; or

 (b) in any other case—$1,300, or, if another amount not exceeding $1,950 is prescribed, that other amount.

6J  Amount of customs broker licence charge

  The amount of customs broker licence charge payable in respect of the grant or renewal of a broker’s licence is:

 (a) if the holder of the licence is a natural person who does not intend to act as a customs broker in his or her own right when the licence is in force—$240, or, if another amount not exceeding $360 is prescribed, that other amount; or

 (b) in any other case—$2,400, or, if another amount not exceeding $3,600 is prescribed, that other amount.

Part 5—Regulations

 

7  Section 7

Omit “sections 5, 6 and 6A”, substitute “this Act”.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 16 September 2015

Senate on 14 October 2015]

 

(150/15)

 

Overview

The Customs Depot Licensing Charges Amendment Act 2015 was enacted by the Parliament of Australia to address the need for updating the Customs Depot Licensing Charges Act 1997. This amendment introduced charges for warehouse licences and customs broker licences, reflecting the evolving requirements of customs logistics and regulation. The Act ensures that the relevant charges are appropriately imposed on warehouse licence applications, grants, renewals, and variations, as well as on customs broker licence applications and grants or renewals. The policy objective of the Act is to maintain and enhance the efficiency of customs operations by updating the financial requirements for licensing within the customs sector. The Customs Depot Licensing Charges Amendment Act 2015 specifies that the new provisions, including the imposition of charges and the determination of their amounts, commenced on 1 January 2016. This amendment broadens the scope of the original Act to include warehouses and customs brokers, thereby ensuring that all entities involved in the customs process are subject to the appropriate licensing fees. The Act was assented to on 12 November 2015 and includes amendments to the Customs Depot Licensing Charges Act 1997 to reflect these changes.

Scope and Application

The Customs Depot Licensing Charges Amendment Act 2015 amends the Customs Depot Licensing Charges Act 1997 to introduce new provisions for warehouses and customs brokers, expanding the scope of the original Act which previously only covered customs depots. The amended Act applies to persons and entities that hold or apply for a warehouse licence or a customs broker’s licence, thus extending its reach to the warehousing and customs brokerage industries. Geographically, the Act operates on a national level, applying across Australia as a Commonwealth legislation. The application of the Act is further extended or restricted through subordinate instruments, as specified in the Schedules. The Act's provisions, including the imposition of various charges for warehouse licences and customs broker licences, commenced on 12 November 2015, with specific amendments and new parts coming into effect on 1 January 2016. Notably, the Act does not explicitly state any exclusions or exemptions, implying that the charges apply broadly to all relevant licence holders unless otherwise specified by regulation.

Key Provisions

The Customs Depot Licensing Charges Amendment Act 2015 (C2015A00140) amends the Customs Depot Licensing Charges Act 1997. The main changes introduced by this Act include the imposition of charges for warehouse licences and customs broker licences. Section 6B of the Customs Depot Licensing Charges Act 1997 is amended to include provisions for the imposition of warehouse licence application charges, warehouse licence charges, and warehouse licence variation charges, as set out in sections 80, 85, and 81B of the Customs Act 1901. Section 6G of the same Act is amended to include provisions for the imposition of customs broker licence application charges and customs broker licence charges, as set out in sections 183CA and 183CJA of the Customs Act 1901. The charges for these licences and applications are further detailed in sections 6C, 6D, 6E, 6F, 6H, and 6J of the Customs Depot Licensing Charges Amendment Act 2015. The Act imposes several obligations on the parties and entities it governs. For instance, warehouse licence applicants must pay a warehouse licence application charge of $3,000, or another prescribed amount not exceeding $4,500. Those seeking to grant or renew a warehouse licence must pay a charge of $4,000 or another prescribed amount not exceeding $6,000, unless the warehouse is primarily used for the manufacture of excisable goods, in which case the charge is $1,000 for the grant and $0 for the renewal. For customs broker licences, applicants must pay a customs broker licence application charge of $130 or another prescribed amount not exceeding $195 if they do not intend to act as a customs broker in their own right, or $1,300 or another prescribed amount not exceeding $1,950 in other cases. The charge for the grant or renewal of a broker’s licence is $240 or another prescribed amount not exceeding $360 if the holder is a natural person who does not intend to act as a customs broker in their own right, or $2,400 or another prescribed amount not exceeding $3,600 in other cases. The Customs Depot Licensing Charges Amendment Act 2015 does not explicitly state any offences, penalties, or consequences for non-compliance. However, as the charges are set out in the Act, failure to pay the required charges when applying for or renewing a licence could potentially lead to legal consequences under the Customs Act 1901 or other related legislation. The penalties for non-compliance with the Customs Act 1901 could include fines and imprisonment, depending on the nature and severity of the offence.

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Commercial Law
Instrument
Act
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Commencement Provisions
Regulatory Standards
Licensing & Registration
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.