Session 4 - Presentation 1 - H&H Licensing

Sep 26, 2026

Discussion on the legal framework for licensed customs brokers in Australia, focusing on how licensing “place” requirements affect lodging import declarations when the importer is physically located outside Australia. Summarizes the DHA/ABF position versus the FTA industry update and explains risks of lodging from overseas, including potential investigation and licence suspension. Covers relevant legislative sections (e.g., 183C and 181), the historical location-based licensing approach, the 2005 “all places in Australia” declaration, and practical implications for trade.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages22

Reading Time55 min

AccessFree to download

Topics

Position of the DHA

The law regarding licensing

Alternative view

What you can and cannot do from outside AU

Risks

Reform

Legislative framework and key sections

Historical licensing approach and 2005 change

Flow-on effects for broker nominations

Customs’ end view and trade impact

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 anyplace 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 Why is “place” relevant Section 181 – who can act as the agent of the owner • If a place has been specified by Customs, an owner of goods shall not authorize someone to be there agent for the purposes of the Customs Act at that place unless the person is • an employee of the owner; or • a customs broker at that place Licensed brokers have a privileged position of being able to act as agents of owners However, that privilege is tied to acting at specific places Historical Up until 2005 these were the places where a broker could be licensed to act The Band-Aid solution Customs recognized that a system of nominated places did not work inan online environment The solution should have been to change the physical location based licensing system Instead of addressing this problem, in 2005 the CEO of Customs declared that the relevant place was “all places in Australia” It was a Band-Aid solution with the following outcomes: 1. the current legislation is irrelevant as it is still location based licensing, but the location is the whole of Australia 2. we are still tied to a physical location system in a world where everything is done online The flow on to the licensing of customs brokers • Customs broker licenses typically nominate the “place” as “all places in the Commonwealth” -meaning the Commonwealth of Australia • A nominee must be licensed to be a customs broker at the place where the corporate broker is licensed • Licenses can be varied so that a nominated place is removed ora new place is added The whole licensing system is based on a premise that brokers will have a single office and lodge entries manually at a customs office End result – as viewed by Customs • You are licensed to act as a customs broker in all places in the Commonwealth • This means that you can only act as a licensed customs broker inside the territory of Australia • Acts performed outside of Australia are not acts of a licensed customs broker • Customs would argue that a lodgment outside of Australia is in breach of section 181(4) as it is not by a licensed customs broker or an employee of the owner It is a very narrow view and does not facilitate trade

FAQs

Can a licensed customs broker lodge import declarations from a place outside Australia?

According to the DHA/ABF position, the licence allows operation only within Australia and does not permit lodging or operating from outside Australia. Lodging from overseas may be treated as acts performed outside of the licensed area.

What does the current legislative position require for licensed customs brokers?

The FTA industry update states licensed customs brokers must be Australian residents and Australian corporations. Even if systems allow overseas access, the person lodging import declarations must be physically located in Australia.

Why is the concept of “place” relevant to customs broker licensing?

Section 183C grants licences to act as a customs broker at a specific place, and section 181 governs who may act as an agent for the owner at that place. Licensed brokers have a privileged agency role, but it is tied to acting at specified places.

Sep 26, 2026

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