Excise Regulations (Amendment) (Cth)

Statutory Rules 1985 No.3571

Excise Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Excise Act 1901.

Dated 19 December 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

John N. Button

Minister of State for Industry,

Technology and Commerce

1. Regulation 52b of the Excise Regulations is repealed and the following regulation substituted:

Rate of rebate of excise duty—stabilized crude petroleum oil

“52b. Where a rebate of excise duty is allowed in respect of stabilized crude petroleum oil (in this regulation referred to as ‘oil’) in the circumstance referred to in paragraph 50 (1) (n), the amount of rebate that may be allowed for the purposes of sub-section 78 (1) of the Act to a person in respect of oil exported by the person during the period specified in column 2 of an item in the following table is the amount determined in accordance with such of the rates set out in column 3 of that item as are applicable having regard to the volume of oil so exported:

(S.R. 357/85)—Cat. No. 10/28.11.1985

 

Column 1	Column 2	Column 3
Rates
Item No.	Period	Volume of oil in respect of which rate is applicable	Amount per kilolitre
$
1	Financial year commencing on 1 July 1983	In respect of so much of the oil exported by a person as does not exceed 642,301.5 kilolitres.....	8.20914977
In respect of so much of the oil exported by a person as exceeds 642,301.5 kilolitres but does not exceed 818,483.1 kilolitres......................	8.2864631
In respect of so much of the oil exported by a person as exceeds 818,483.1 kilolitres	Nil
2	Period commencing on 1 July 1984 and ending on the expiration of 31 December 1984	In respect of so much of the oil exported by a person as does not exceed 786,441.7 kilolitres.....	7.89019491
In respect of so much of the oil exported by a person as exceeds 786,441.7 kilolitres but does not exceed 970,889.8....................................	12.4914896
In respect of so much of the oil exported by a person as exceeds 970,889.8 kilolitres................	Nil”.

Rebates of excise duty allowed before commencement of these Regulations

2. (1) Subject to sub-regulation (2), the amendment effected by regulation 1 applies to and in relation to a rebate of excise duty in respect of stabilized crude petroleum oil allowed before the commencement of these Regulations to a person in the circumstance referred to in paragraph 50 (1) (n).

(2) Where—

(a) before the commencement of these Regulations a rebate of excise duty has been allowed to a person in respect of stabilized crude petroleum oil exported by the person during the financial year that commenced on 1 July 1983; and

(b) the total amount of rebate of excise duty paid or payable, under regulation 52b of the Excise Regulations as in force immediately before the commencement of these Regulations, to the person in respect of that stabilized crude petroleum oil is higher than the amount that, but for this sub-regulation, would be the total amount of rebate of excise duty that, under that regulation as in force after the commencement of these Regulations, may be allowed to the person in respect of that stabilized crude petroleum oil,

regulation 52b of the Excise Regulations as in force immediately before the

 

commencement of these Regulations continues to apply to and in relation to the rebate of excise duty so allowed to the person as if regulation 1 had not come into operation.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 20 December 1985.

2.Statutory Rules 1925 No. 181 as amended to date. For previous amendments see Statutory Rules 1985 No. 13 and see also Statutory Rules 1985 Nos. 13, 75, 127, 137, 141, 142 and 234.

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