Licensed customs brokers and acts outside of Australia
Licensed customs brokers and acts outside of Australia
April 2019
Topics
? Position of the DHA ? The law regarding licensing ? Alternative view ? What you can and cannot do from outside AU ? Risks ? Reform
What is the issue
The lodgment of import declarations via the ICS by an individual physically located outside of Australia at the time of lodgement
DHA position
From ABF "About Customs Brokers" website
Once licensed, a customs broker may operate from any place within Australia or such places specified on the licence. As the licence only operates to allow a customs broker to operate in Australia they cannot operate or lodge entries from a place outside of Australia (overseas).
From FTA industry update
The current legislative position is that licensed customs brokers must be Australian residents and Australian corporations.
Although current systems allow for access from overseas the person lodging import declarations must be a licensed customs broker physically located in Australia.
If brokers are lodging import declarations from overseas then they ... may be referred to the National Customs Brokers Licensing Advisory Committee for investigation. If referred, then the Comptroller-General may suspend their licence pending the investigation and report.
The law ? Licensing of customs brokers
Section 183C - Licenses are granted to act as a customs broker at a specific place
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