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Refusal of a private bonded warehouse licence for cut and...
Customs offence disqualification excludes civil contraventions, preventing refusal of a private bonded warehouse licence based solely on monetary penalties.
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Refusal of a private bonded warehouse licence for cut and polished diamonds cannot rest solely on prior customs adjudication imposing duty, redemption fine and monetary penalties. Regulation 3(2)(c) disqualifies an applicant penalised for an offence under the Customs Act, while civil contraventions attracting monetary penalties remain distinct from criminal offences liable to prosecution. On that distinction, prior adjudication orders did not establish the required disqualification, so the refusal was set aside and the licence application could not be rejected on that basis.
Refusal of a private bonded warehouse licence for cut and polished diamonds cannot rest solely on prior customs adjudication imposing duty, redemption fine and monetary penalties. Regulation 3(2)(c) disqualifies an applicant penalised for an offence under the Customs Act, while civil contraventions attracting monetary penalties remain distinct from criminal offences liable to prosecution. On that distinction, prior adjudication orders did not establish the required disqualification, so the refusal was set aside and the licence application could not be rejected on that basis.
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