Academic qualification
You must show that you have completed an approved course of study. The current approved course of study is TLI50816 Diploma of Customs Broking (the Diploma). However, if you have completed an earlier approved course of study, you might still meet the study requirement.
If you completed an approved course some time ago, you might need to demonstrate that you have the knowledge contained in the current Diploma, and/ or complete any additional units of study.
It is possible to apply for an exemption from completing an approved course. For an exemption to be granted, you need to clearly demonstrate that you have otherwise acquired the knowledge contained in the Diploma. This usually requires an interview with the National Customs Brokers Licensing Advisory Committee (NCBLAC).
Acquired experience
This advice for applicants and referees provides guidance on how an applicant for a nominee customs broker licence can demonstrate the 'acquired experience' to be a customs broker.
Applicants and referees are reminded that, under section 136.1 of the Schedule to the Criminal Code Act 1995 (Cth), it is an offence punishable by imprisonment for up to 12 months to knowingly make a statement in connection with a licence application that is false or misleading (or that omits a matter without which the statement is misleading). Additionally, it is an offence punishable by imprisonment for up to 6 months to make a statement in connection with a licence application recklessly as to whether or not it is false or misleading or omits a matter that renders it misleading.
Applicants
Applicants must demonstrate that they have acquired experience to be a customs broker through broker like experience gained in the workplace.
Acquired experience will be assessed with regard to the length and nature of the applicant's employment experience and to referees' statements.
Applicants should provide a detailed statement that sets out:
- names and address of each employer for whom they have performed duties that they believe are relevant to those of a customs broker
- periods during which they were employed by each employer
- names and contact details of the person or persons who supervised them in each period of employment
- a description of the range, period and extent of duties undertaken in all the employment.
Applicants should give particular attention to explaining any relevant experience undertaking or assisting in the following matters, include examples:
- taking instructions from, and giving advice to, importer clients
- classifying goods in accordance with the Third Schedule of the Customs Tariff Act, noting in particular the main categories of goods they have classified
- valuation of goods for Customs and related purposes
- using the Integrated Cargo System (ICS) either by direct access or through industry specific proprietary software;
- using software such as INBOUND or EDI Tariff
- using industry specific proprietary software to register shipments and then prepare import declarations for lodgement by a licensed Customs Broker
- applying for a Tariff Advice
- application of Free Trade Agreements, Tariff Concessions, Bylaws etc
- preparation of Duty Drawbacks and Refund applications
- Department of Agriculture and Water Resources (DAWR) biosecurity compliance and procedures
- dealing with shipping lines, airlines, freight forwarders, transport companies and depots
- handling temporary importations
- interaction with the Australian Border Force.
In detailing examples of the above, show the extent of your experience and the depth of responsibility involved.
The most important element of demonstrating acquired experience is the applicant's employment history, as detailed in the documentation supporting their application.
National exam
While successfully completing a national examination can be an additional element in demonstrating acquired experience, it is not a mandatory requirement nor is it sufficient by itself.
A number of organisations may conduct an examination that assists applicants who have completed (or been exempted from) the approved course of study in demonstrating that they have the knowledge required of a customs broker. The Comptroller-General of Customs may take into account the successful completion of such an examination when assessing whether an applicant has acquired experience that fits them to be a customs broker. The weight afforded to successful completion of any particular examination will depend upon a number of factors, including:
- how well it is perceived to test practical experience and not simply academic knowledge
- the breadth of practical issues that it tests and the depth of experience that it requires to resolve this issue
- the rigour with which the examination is conducted.
Selecting a referee
In selecting persons who may act as referees in support of their claims to have the requisite degree of acquired experience, wherever possible an applicant should seek to obtain references from persons who are themselves customs brokers and who have directly supervised them in their performance of duties relevant to the functions of a customs broker.
Applicants should provide a copy of these guidelines to their selected referees to assist them in preparing their references.
Referees
These guidelines are to assist referees in preparing their references for nominee customs broker licence applicants, and should be provided by applicants to their selected referees.
Wherever possible an applicant should seek to obtain references from persons who are licensed customs brokers and have directly supervised them in their performance of duties relevant to the functions of a customs broker.
It is recommended that before submitting an application, the individual has a detailed discussion with their supervising customs broker(s) and seek their honest views on whether or not they think the individual is sufficiently experienced. That is, not just asking the supervisor/referee if they think the individual is doing their current job well, but specifically discussing whether or not they think the potential applicant is ready to take on the role, responsibilities and obligations of a licensed nominee customs broker performing the activities involved at the level expected of a licensed nominee customs broker working under direct supervision.
When preparing a written reference in support of an application for a nominee customs brokers licence, referees are asked to address the following matters:
- that the referee has read and understood this Guideline
- that the referee has reviewed the applicant's completed Statement of Acquired Experience
- that the referee has reviewed the applicant's completed Acquired experience self-assessment
- whether or not the referee agrees that both the Statement and checklist are fair and accurate representations of the applicant's experience and expertise
- the period during which they have supervised the applicant
- the nature of the duties performed by the applicant under their supervision
- the extent, depth and complexity of such duties
- the expertise and capability demonstrated by the applicant while performing those duties
- any further developmental needs of the applicant
- whether or not - and why - in their opinion the applicant has the requisite acquired experience to be a licensed nominee customs broker
- that the referee is a licensed customs broker, their current licence number and the original date of grant. If the referee is not a licensed customs broker, an explanation is needed of the basis on which they believe they can comment on whether or not the applicant has enough acquired experience to equip them to be a licensed nominee customs broker.
Referees are required to sign and date the reference, and provide their name and contact details.
