Opinion Number. 96

Subject

CUSTOMS AGENT
WHETHER APPOINTMENT CAN BE HELD BY JOINT STOCK COMPANY : APPOINT

Author
Key Legislation

CUSTOMS ACT 1901, s. 180

Date
Client
The Minister for Trade and Customs

The Minister for Trade and Customs:

A.B. and Company Limited in a letter dated 14 July 1902 to the Collector of Customs at Port Adelaide writes as follows:

As the Customs Act provides only for individuals to act as Customs Agents, we have therefore to ask in the case of a joint stock company possessing the necessary authority from the importer, whether the employees of such company can act for the importer under this authority, provided they possess agents' licenses?

The Minister for Trade and Customs forwards the papers to me.

My opinion is that a joint stock company can hold an appointment as a Customs Agent if the business of a Customs Agent is within the scope of its incorporation, and, if so authorised by the principal, can appoint a sub-agent.

In places where agents are required to be licensed the company would have to take out a license before it could act under an appointment. If the manager of the company holds the license then the authority from the importer should be to the manager.

[Vol. 2, p. 293]