Tobacco Charges Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 192 1

__________________

Tobacco Charges Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Tobacco Charges Assessment Act 1955.

 Dated 9 June 1994.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

 

GEORGE GEAR

Assistant Treasurer

____________

1.   Commencement

1.1   Regulation 4 is taken to have commenced on 1 July 1992.

[NOTE:

 The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Amendment

2.1   The Tobacco Charges Regulations are amended as set out in these Regulations.

3.   Regulation 2 (Parts)

3.1   Omit the regulation.

4.   Part III (Payment of charge)

4.1   Omit the Part.

5.   Part IV (Legal proceedings and prosecutions)

5.1   Omit the Part, substitute:

“PART III — CERTIFICATES AND EVIDENCE

Evidentiary certificates

“8.

In an action against a person for the recovery of charge, a certificate signed by the Commissioner certifying that:

• (a)

  the person named in the certificate is liable to pay charge; and

• (b)

  an assessment of charge payable by the person was made against the person in respect of the year set out in the certificate; and

• (c)

  the particulars of the assessment are as stated in the certificate;

• (d)

  notice of the assessment was served on the person; and

• (e)

  the amount referred to in the certificate is, at the date of the certificate, a debt in respect of charge due by the person to the Commonwealth;

is, in the absence of contrary evidence, sufficient evidence of the facts stated in the certificate.

Evidence by affidavit

“9.

In an action for the recovery of charge:

• (a)

  a person may give evidence by affidavit; and

• (b)

  the court may require the person to attend before it:

  • (i)

    to be cross-examined on the evidence; or

(ii)

to give other evidence in relation to the action.”.

____________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 16 June 1994.

2. Statutory Rules 1958 No. 26 amended by 1984 Nos. 413 and 421.