Customs Broker licence renewal cannot be denied on pre-existing criminal case facts already known to the department.

Renewal of a Customs Broker licence cannot be rejected on the basis of pending criminal proceedings or alleged non-disclosure where those facts were already on record and within the department's knowledge. A prior communication had already indicated renewal for a further period, and production of the original licence for endorsement was only a formal step. On that footing, the later rejection could not be justified by relying on pre-existing matters from the earlier dispute, and the refusal of renewal was set aside.

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Issues: Whether rejection of renewal of the Customs Broker licence could be sustained on the basis of pending criminal proceedings and alleged non-disclosure, when the relevant facts were already on record and a prior renewal had been communicated.

Analysis: The renewal rejection was founded on criminal proceedings and alleged suppression, but those facts were not new and had already been in the department's knowledge since the earlier stages of the dispute. The earlier renewal communication had already indicated approval of renewal for a further period, and the requirement to produce the original licence for endorsement was only a formal step. In the circumstances, the impugned order could not be justified by relying on matters that pre-dated the earlier adjudication and were already part of the record.

Conclusion: The rejection of renewal could not be sustained and was set aside.

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