Broker
A licensed broker
A licensed broker is an entity who holds a broker's licence granted in accordance with Part XI of the Customs Act 1901 (the Act). Under the Act an owner of goods may authorise an agent, (either an employee of the owner or a customs broker) to act on his or her behalf, for the importation of goods into Australia. The authorisation must be in writing.
There are two categories of licensed brokers:
- A corporate customs broker being a company or a partnership;
- Who is authorised to act on behalf of owners of imported goods.
- A business entity with a registered Australian Business Number (ABN) for the purpose of communicating with the Integrated Cargo System (ICS).
- A natural person, licensed broker;
- An individual licensed broker, who does not intend to act in his or her own right, a nominee, and is employed by either an unrestricted licensed broker (sole trader) or a corporate customs broker, (Restricted).
- An individual licensed broker who intends to act in his or her own right, a sole trader. They are a registered business entity with an ABN for the purposes of communicating with the ICS and may employ restricted individual licensed brokers, (Unrestricted).
To apply for a broker licence, please complete one of the following application packages:
Corporate, Sole Trader (Unrestricted) and Nominee (Restricted).
Additional Information:
See: Customs Brokers Responsibilities
See: Australian Customs Notice 2010/48
See: Australian Customs Notice 2011/48
See: Guidelines for acquired experience
Can a trust be licensed?
The Act allows for the licensing of a natural person, company or partnership. A trust entity is not eligible to be licensed as a broker. A trustee may be licensed if the nominated entity in the Deed of Trust is a natural person, company or partnership.
The Application Process
Documentary checks conducted by Customs and Border protection include verification of information provided, gathering information for assessment of integrity, and allowing the public to make submissions in relation to an applicant. Once all documentary checks are completed, it is referred to the National Customs Brokers Licensing Advisory Committee (the Committee) for consideration. This process takes approximately eight weeks.
The Committee comprises of a representative from; Customs and Border Protection, industry (nominated by the customs broker industry) and is chaired by an independent former judicial officer. It investigates the matters that the CEO is to consider for each broker licence application to decide whether or not the licence should be granted. The Committee may need to talk to applicants about their application by holding an inquiry. If the Committee wishes to hold an inquiry, an additional eight weeks from the date of the inquiry should be allowed.
Integrated Cargo System
To communicate with Customs and Border Protection on behalf of their clients¸ brokers must be registered as a client in the Customs and Border Protection ICS and obtain a digital certificate. To ensure that ICS recognises a broker, it is important that the client registration, the broker licence, and the digital certificate are all in the same name, using the same ABN.
Nominee brokers (Restricted) do not need their own digital certificate but must be registered in the ICS.
Employment Changes for Individual Licensed Brokers – Customs and Border Protection Requirements for Linking and Unlinking Nominees to Corporate and Sole Trader (Unrestricted) Licence Holders in the ICS
Nominees cannot lodge entries for a corporate brokerage or sole trader broker without being linked to the brokerage/sole trader licence in ICS. Requests to link and unlink nominees to corporate and sole trader licenses should be addressed to Broker Licensing:
email) brokers.licensing@customs.gov.au
fax) 02 6275 6601
post) Broker Licensing
Customs House
5 Constitution Avenue
CANBERRA ACT 2601
Commence Employment
In order for Broker Licensing to link a nominee in ICS, a signed request letter from the nominee licence holder and a signed letter from a person of authority at the corporate/sole trader brokerage must be received. Changes in ICS will not be actioned without both signed letters. Standard template letters are available below.
Cease Employment
Requests to unlink a nominee (cease nomination) from a corporate/sole trader brokerage require either a signed letter from the nominee licence holder or from a person of authority in the brokerage. Standard template letters are available below.
Requests to change a nominee’s links to different branches of a brokerage in ICS must be made in writing from a person of authority in the brokerage.
Change to Contact Details
When sending letters to Broker Licensing, nominee licence holders should include as much current contact details as possible: such as postal address, mobile numbers etc. It is the licence holder’s responsibility to ensure that the ICS database is accurate and current. A standard template letter to request changes to contact details in the ICS database is available below.
Corporate and sole trader licence holders will need to contact the Australian Taxation Office (ATO) to change business and postal address details registered with their ABN.
For more information on any Customs and Border Protection matter, contact the Customs Information and Support Centre on 1300 363 263 or email information@customs.gov.au or browse the website http://www.customs.gov.au/.