Customs Licensing Charges Act 1997

No. 4, 1997

Compilation No. 9

Compilation date: 5 March 2025

Includes amendments: Act No. 80, 2024

About this compilation

This compilation

This is a compilation of the Customs Licensing Charges Act 1997 that shows the text of the law as amended and in force on 5 March 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Definitions

3A Act does not extend to Norfolk Island

Part 2—Depots

4 Imposition of charges

5 Amount of depot licence application charge

6 Amount of depot licence charge

6A Amount of depot licence variation charge

Part 3—Warehouses

6B Imposition of charges

6C Amount of warehouse licence application charge

6D Amount of warehouse licence charge—general

6F Amount of warehouse licence variation charge

Part 4—Customs brokers

6G Imposition of charges

6H Amount of customs broker licence application charge

6J Amount of customs broker licence charge

Part 5—Regulations

7 Regulations

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

An Act to impose charges in relation to the licensing of depots, warehouses and customs brokers under the Customs Act 1901

Part 1—Preliminary

1  Short title

  This Act may be cited as the Customs Licensing Charges Act 1997.

2  Commencement

  This Act commences at the same time as item 25 of Schedule 1 to the Customs Amendment Act (No. 1) 1997 commences.

3  Definitions

  In this Act:

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.

cargo report means a cargo report under section 64AB of the Customs Act.

commencement day means the day on which Part IVA of the Customs Act commences.

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 Act means the Customs Act 1901.

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.

depot licence means a licence granted under section 77G of the Customs Act and includes such a licence that has been renewed under section 77T of that Act.

depot licence application charge means the depot licence application charge payable as set out in section 77H of the Customs Act.

depot licence charge means the depot licence charge payable as set out in section 77U of the Customs Act.

depot licence variation charge means the depot licence variation charge payable as set out in section 77LA of the Customs Act.

line of cargo means cargo covered by that part of a cargo report that constitutes a reference to:

 (a) a single air waybill or similar document; or

 (b) a single bill of lading or similar document.

transactions handled, in relation to a place that is, or becomes, a depot licensed under Part IVA of the Customs Act and to a period, means lines of cargo received into that place during that period.

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.

3A  Act does not extend to Norfolk Island

  This Act does not extend to Norfolk Island.

Part 2—Depots

4  Imposition of charges

 (1) Depot licence application charge payable as set out in section 77H of the Customs Act is imposed.

 (3) Depot licence charge payable as set out in section 77U of the Customs Act is imposed.

 (4) Depot licence variation charge payable as set out in section 77LA of the Customs Act is imposed.

5  Amount of depot licence application charge

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

6  Amount of depot licence charge

Grant of licence

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

 (a) for the grant of a depot 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 depot 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) Subject to subsection (3), the amount of depot licence charge payable in respect of the renewal of a depot licence is $4,000, or, if another amount not exceeding $6,000 is prescribed, that other amount.

 (3) If:

 (a) the depot concerned was licensed under Part IVA of the Customs Act during the whole of the period of 12 months ending on the last 31 March before the start of the financial year for which the renewal is sought; and

 (b) there were less than 300 transactions handled in relation to the depot during that 12‑month period;

the amount of depot licence charge payable in respect of the renewal of the depot licence is $1,500, or, if another amount not exceeding $2,250 is prescribed, that other amount.

6A  Amount of depot licence variation charge

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

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.

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  Regulations

  The Governor‑General may make regulations for the purposes of this Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history