Ninety-day limit under Customs Broker licensing rules applies even when the Commissioner rejects a favourable inquiry report.

Regulation 20(7) of the Customs Brokers Licensing Regulations requires the Commissioner to pass the final order within ninety days of the inquiry report, after considering both the report and any representation. The provision makes no distinction between a report favourable to the Customs Broker and one adverse to him, so the report must be furnished and the statutory period still applies in either case. The Commissioner's disagreement with a favourable report does not create an exception to the time limit, and the appeal was dismissed.

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Issues: Whether the time limit of ninety days under Regulation 20(7) of the Customs Brokers Licensing Regulations applies where the Commissioner disagrees with an inquiry report favourable to the Customs Broker and proceeds to cancel the licence.

Analysis: Regulation 20(7) requires the Commissioner of Customs, after considering the inquiry report and any representation, to pass orders within ninety days from the date of submission of the report. The provision does not draw any distinction between a report favourable to the broker and one adverse to him. In either situation, the report is to be furnished to the broker, and the final order under the regulation must be made within the prescribed period. The Commissioner's disagreement with the report does not create an exception to the statutory time limit.

Conclusion: The ninety-day limit under Regulation 20(7) applies even when the Commissioner disagrees with the inquiry report. The appeal was therefore dismissed.

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