For Customs brokers Obligations and conditions as a customs broker

​Obligations and conditions

The department issues licences subject to a number of mandatory obligations specified in the Customs Act 1901, and the Comptroller-General of Customs or their delegate may impose other obligations or conditions.

Standard licence conditions which apply to customs broker licences

These are some of the circumstances where there is a requirement to notify the Comptroller General within 30 days of occurrence:

• Where the licence holder, or persons participating in the work of a customs broker, have been refused an aviation or maritime security identification card (ASIC or MSIC) or had an ASIC or MSIC suspended or cancelled.
• In the case of a licence held by a company, if a receiver of the property or part of the property is appointed; or if an administrator is appointed under the Corporations Act; if the company executes a deed of company arrangement under the Corporations Act; or if the company begins to be wound up.
• If, in the case of a natural person, they become bankrupt.
• In the case of a licence held by a partnership, a change of membership in partnership.
• If a person not described in the application for the licence as participating in the work of the customs broker commences so as to participate.
• If a nominee of the customs broker dies or ceases to act as nominee of the customs broker.

Summary of the standard conditions applied to Customs brokers' licences

• The licence holder must do all things necessary to ensure that persons that participate in the work of the customs broker are fit and proper persons.
• A nominee broker must not act in his or her own right at any time while he or she is a nominee of a customs broker.

Additional broker licence conditions

The Comptroller General of Customs may, at any time, impose additional conditions for:

• the protection of the revenue; or 
• the purpose of ensuring compliance with the Customs Acts, any other law of the Commonwealth prescribed by the regulations or a law of a State or Territory prescribed by the regulations; or 
• any other purpose.

The Comptroller General of Customs must notify the licence holder of the conditions and the conditions take effect either at the end of 30 days after the notification, or earlier if this is specified in the notice.

Additional licence conditions include:

1. The customs broker (broker) must within 14 days of a request by the Australian Border Force (ABF) complete and provide the required documentation to the ABF to allow fit and proper person checks to be conducted. The meaning of "required documentation" is defined in the Notes.
2. Where the broker is a company and there is a change in any of the directors or officers the broker must, within 14 after the occurrence of the event, provide in writing full details of the change to the ABF. If there is a change in a shareholder or member of the company the broker must, within 30 days after the occurrence of the event, provide in writing full details of the change to the ABF.
3. Where the broker is a company, when requested by the ABF the company must ensure that each director, officer, shareholder or member, within 14 days of the request provides the required documentation to the ABF to allow a fit and proper person check to be conducted.
4. If the broker becomes aware that information that has been provided to the department is false, misleading or incomplete, the broker must as soon as practicable after becoming aware provide written particulars of the incident to the department as specified on Border Watch.
5. The broker must not allow departmental systems or information provided by the ABF or the department to be used for any unauthorised purpose or to assist, aid, facilitate or participate in any unlawful or illegal activity.
6. All brokers that are a natural person must each CPD year complete Continuing Professional Development (CPD) in accordance with the requirements set forth on Professional development for customs brokers. The CPD year is the period 1 April in a year to 31 March the following year:
1. ​​​​The broker must keep accurate, auditable, written records of the successful completion of accredited CPD activities and provide the records on request to the ABF. For the avoidance of doubt, records includes any method of recording their CPD activities on a document. Note: “document” is defined in s4 of the Customs Act.
2. The broker must notify the ABF within 14 days of the end of a CPD year if he or she has failed to complete the required number of CPD points for that CPD year together with a written explanation of the reasons for the failure.
7. The broker must not lodge an Import Declaration from outside Australia. For the avoidance of doubt, the customs broker must be physically located in Australia at the time they lodge an import declaration.
8. A broker that is a company or a natural person (other than a person that is a nominee of a customs broker) must maintain suitable professional indemnity insurance for the protection of their clients and the Commonwealth. The broker must forward evidence of insurance to the ABF within 14 days of a request by the ABF.
9. A broker that is a company or a natural person (other than a person that is a nominee of a customs broker) must within 7 days of a request by the ABF, provide to the ABF a list of all persons participating in the work of the customs broker, and a list of all persons participating in the operations of the customs broker. The meaning of “participating in the operations of the customs broker” is defined in the Notes. The lists must contain the full name, date of birth, position held and, in the case of persons participating in the operations of the customs broker, whether they have completed the B1555 ‘Consent Form - Fit and Proper Checks’ and provided the required identity documentation to allow the broker or ABF to undertake a fit and proper person check on all such persons.
10. A broker that is a company or a natural person (other than a person that is a nominee of a customs broker) must ensure that a person who the Comptroller-General of Customs (Comptroller-General) is satisfied is not a fit and proper person does not participate in the operations of the customs broker. Without limiting the factors that the Comptroller-General may take into account to determine whether a person is a fit and proper person to participate in the operations of the customs broker, the Comptroller-General may have regard to:

1. ​whether the person has been convicted of a prescribed offence, or
   an equivalent offence in another country or part of a country.
2. whether the person has been refused a transport security identification card (defined in section 4 of the Customs Act) , or has had such a card suspended or cancelled; and
3. if the person is not an Australian citizen, whether the person has breached any condition of their visa to reside in Australia.

Note: a “prescribed offence” is defined in s180 of the Customs Act.

11. A broker that is a company or a natural person (other than a person that is a nominee of a customs broker) must ensure that any person the broker is aware or informed by the Comptroller-General is an unlawful non-citizen (which has the same meaning as in the Migration Act 1958) does not participate in the operations of the customs broker.
12. A broker that is a company or a natural person (other than a person that is a nominee of a customs broker) must notify the Comptroller-General as soon as practicable if the customs broker becomes aware that a person who participates in the operations of the customs broker:
    1. has been convicted of a prescribed offence, or any offence in another country or part of a country;
    2. has been refused a transport security identification card (defined in section 4 of the Customs Act), or has had such a card suspended or cancelled;
    3. has breached any condition of their visa to reside in Australia, if the person is not an Australian citizen; or
    4. is an unlawful non-citizen.

13. In response to a request by the ABF, a broker that is a company or a natural person (other than a person that is a nominee of a customs broker) must co-operate with and as soon as practicable provide to the ABF any information in the possession of the broker regarding a person who participates or has participated in the operations of the customs broker that may be relevant to an assessment of whether that person is a fit and proper person.
14. Without limiting any other provision of these conditions, a broker that is a company or a natural person (other than a person that is a nominee of a customs broker) must:
    1. within 90 days of the publication of this condition, with respect to any person who at the date of publication participates in the operations of the customs broker; and
    2. within 7 days of any other person commencing to participate in the operations of the customs broker, obtain from all such persons a duly completed and signed B1555 ‘Consent Form - Fit and Proper Checks’. The Form will contain a Declaration by the person that:
       1. the person has not been convicted of an offence against a law of the Commonwealth, or of a State or Territory, or of any other country or part of a country;
       2. the person has been deemed not eligible or been refused a transport security identification card (as defined in section 4 of the Customs Act), or has had such a card suspended or cancelled;
       3. if the person is not an Australian citizen, the person has not breached any condition of their visa to reside in Australia; and
       4. the person is not an unlawful non-citizen.

If a person who at the date of publication participates in the operations of the customs broker is unable to attest to the facts outlined at paragraph 14(b)(i)-(iv), that person is to provide to the broker within the same period of time that the person would otherwise provide a B1555 ‘Consent Form - Fit and Proper Checks’, a Statutory Declaration that explains the circumstances relating to any of the matters outlined at paragraph 14(b)(i)-(iv) and sets out, as relevant:

1. the offences of which the person has been convicted and the date of the convictions;
2. the date they were deemed not eligible or had a transport security identification card refused, suspended or cancelled; and
3. a list of all visa conditions breached by the person.

For the purpose of these conditions the term convicted of an offence has the same meaning as in s85ZM(1) of the Crimes Act 1914 (Cth).

15. A broker that is a company or a natural person (other than a person that is a nominee of a customs broker) must:
    1. within 90 days of the publication of this condition, with respect to any person who as at that date participates in the operations of the customs broker; and
    2. within 7 days of any other person commencing to participate in the operations of the customs broker.

Verify the identity of all such persons by ensuring that those persons provide to the broker a legible copy of their identification documents in the English language (or, where the original document is in a foreign language, accompanied by a certified English language translation) that satisfy the proof of identity requirements outlined in Form 1538i - Proof of Identity Requirements.

16. The broker must retain a legible copy of the B1555 Form and Identification Documents referred to in these conditions for a period of not less than 5 years from the date on which those documents were provided to the broker.
17. Within 14 days of a request by the ABF, a broker that is a company or a natural person (other than a person that is a nominee of a customs broker) must provide to the ABF in respect of any person who participates in the operations of the customs broker and who is specified by the ABF the following documents:
    1. National Police Check; and/or
    2. Right to Work Check.

For the purpose of these conditions:

• A National Police Check means a criminal history check conducted by the Australian Federal Police or an Australian Criminal Intelligence Commission (ACIC) Accredited body; and
• A Right to Work Check means an Entitlement to Work Check of a Visa Holder utilising the Visa Entitlement Verification Online system (VEVO) or through an accredited agency that can access VEVO to verify the applicant’s VISA conditions are not being breached.

18. Within 7days of a request by the ABF, a broker that is a company or a natural person (other than a person that is a nominee of a customs broker) must provide to the ABF the original of the B1555 Form and the Identification Documents with respect to any person specified by the ABF and who participates or has previously participated in the operations of the broker.

Note: The B1555 Form is approved by the Comptroller-General and includes the relevant person’s consent for the broker to obtain and retain a copy of the Form and Identification Documents and to obtain a National Police Check and Right to Work Check with respect to that person and for the broker to provide a copy of those documents to the Comptroller-General.

19. A broker that is a company or a natural person (other than a person that is a nominee of a customs broker) must ensure that any person who does not complete the B1555 Form, or provide the Identification Documents, or provide the necessary information for a National Police Check or Right to Work Check, or withdraws their consent in the Form, does not participate in the operations of the customs broker.

General Notes

• The Australian Border Force (ABF) is a constituent part of the Department of Home Affairs and acts for and on behalf of the Comptroller-General of Customs.
• Section 183B provides that a person “participates in the work of a customs broker” if:
• he or she has authority as a nominee of, or as an agent, officer or employee of, the customs broker, to do any act or thing for the purposes of the Customs Acts on behalf of an owner of goods; or
• he or she has authority to direct a person who has authority referred to in paragraph (a) in the exercise of that authority.

• For the purpose of these conditions a person, including persons located outside of Australia, “participates in the operations of a customs broker” if the person (other than a customs broker) is:
  • authorised by the broker to populate, pre-populate, answer any questions or edit any fields of an Import Declaration related to the classification, currency or valuation of imported goods within the Integrated Cargo System (ICS) or any third party software that communicates with the ICS; or

• The person is authorised by the broker to answer or prepopulate the Community Protection (CP) questions for an import declaration.

• Required documentation means proof of identity in accordance with the department’s proof of identity requirements as shown at Form 1538i - Proof of Identity Requirements. For the avoidance of doubt this includes a personal information form, privacy notice and general consent form.

Where a condition (other than condition 4) provides that information is to be provided to the ABF or Comptroller-General of Customs, the information is to be provided to the Broker Licensing team via email to brokers.licensing@abf.gov.au.