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Persons registered to be fit and proper persons

Customs Regulations

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—(1) The Director‑General shall not register any person as a declaring entity, a declaring agent or a declarant under this Part unless the Director‑General is satisfied that the person is a fit and proper person to be so registered.(2) Where the Director‑General is satisfied that the person is a fit and proper person to be registered under this Part, the Director‑General shall cause the particulars of that person to be entered in the register.(3) For the purposes of paragraph (1) and subject to paragraph (4), the Director‑General shall, in determining whether a person is a fit and proper person to be registered as a declaring entity, a declaring agent or a declarant, take into account all relevant facts or matters, including but not limited to the following:(a)whether the person has contravened, or is reasonably suspected of having contravened, any provision of the Act, or has breached any condition imposed on him under regulation 112F(1);(b)in the case of a person other than an individual, whether any key personnel of the person is not a fit and proper person;(c)in the case of an individual applying to register as a declarant, whether he possesses the requisite knowledge in the roles and responsibilities of a declarant or the practical experience in making declarations under the Act.(4) An individual applying to register as a declarant shall be deemed not to be a fit and proper person if the declaring agent in relation to whom he is to be registered is not a fit and proper person.(5) In determining whether an individual has the requisite knowledge or practical experience referred to in paragraph (3)(c), the Director‑General may require him, upon payment of the prescribed test fee, to take and pass such test as may be set or approved by the Director‑General.(6) The Director‑General may, in his discretion, waive wholly or in part the fee payable under paragraph (5).

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