Customs Tariff Amendment (Craft Beer) Act 2019

Administered by Department of Home Affairs

Legislation au C2019A00047 In force Act

Legislation content

 

 

 

 

 

 

Customs Tariff Amendment (Craft Beer) Act 2019

 

No. 47, 2019

 

 

 

 

 

An Act to amend the Customs Tariff Act 1995, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Main amendments

Customs Tariff Act 1995

Schedule 2—Consequential and contingent amendments

Part 1—Amendments commencing the same time as the Excise Tariff Amendment (Supporting Craft Brewers) Act 2019 commences

Customs Tariff Act 1995

Part 2—Amendments commencing 1 December 2020

Customs Tariff Act 1995

Part 3—Amendments consequential to the Customs Tariff Amendment (Pacific Agreement on Closer Economic Relations Plus Implementation) Act 2018

Customs Tariff Act 1995

Part 4—Amendments contingent on the Customs Tariff Amendment (PeruAustralia Free Trade Agreement Implementation) Act 2019

Customs Tariff Act 1995

 

 

 

Customs Tariff Amendment (Craft Beer) Act 2019

No. 47, 2019

 

 

 

An Act to amend the Customs Tariff Act 1995, and for related purposes

[Assented to 5 April 2019]

The Parliament of Australia enacts:

1  Short title

  This Act is the Customs Tariff Amendment (Craft Beer) Act 2019.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

5 April 2019

2.  Schedule 1 and Schedule 2, Part 1

At the same time as the Excise Tariff Amendment (Supporting Craft Brewers) Act 2019 commences.

However, the provisions do not commence at all if that Act does not commence.

6 April 2019

3.  Schedule 2, Part 2

At the same time as Schedule 2 to the Customs Tariff Amendment (SingaporeAustralia Free Trade Agreement Amendment Implementation) Act 2017 commences.

1 December 2020

4.  Schedule 2, Part 3

The later of:

(a) immediately after the commencement of the Excise Tariff Amendment (Supporting Craft Brewers) Act 2019; and

(b) immediately after the commencement of Schedule 1 to the Customs Tariff Amendment (Pacific Agreement on Closer Economic Relations Plus Implementation) Act 2018.

However, the provisions do not commence at all unless both of the events mentioned in paragraphs (a) and (b) occur.

13 December 2020

(paragraph (b) applies)

5.  Schedule 2, Part 4

The later of:

(a) immediately after the commencement of the Excise Tariff Amendment (Supporting Craft Brewers) Act 2019; and

(b) immediately after the commencement of Schedule 1 to the Customs Tariff Amendment (PeruAustralia Free Trade Agreement Implementation) Act 2019.

However, the provisions do not commence at all unless both of the events mentioned in paragraphs (a) and (b) occur.

Never commenced

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Main amendments

 

Customs Tariff Act 1995

1  Section 19AA (table)

Omit:

2203.00.61

2203.00.62

substitute:

2203.00.63

2203.00.64

2  Section 19AA (table)

Before:

2203.00.69

insert:

2203.00.65

2203.00.66

2203.00.67

3  Section 19AA (table)

Omit:

2206.00.74

2206.00.75

2206.00.78

substitute:

2206.00.72

2206.00.73

2206.00.76

4  Section 19AA (table)

Before:

2206.00.82

insert:

2206.00.77

2206.00.78

2206.00.79

5  Schedule 3 (subheadings 2203.00.61 to 2203.00.69)

Repeal the subheadings, substitute:

 

2203.00.63

In a container of 8 litres or more which is designed to be connected to a pressurised gas delivery system or pump delivery system, and having an alcoholic strength by volume exceeding 1.15% vol but not exceeding 3.0% vol

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

NZ/PG/FI/DC/LDC/SG:
$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

2203.00.64

Other, having an alcoholic strength by volume exceeding 1.15% vol but not exceeding 3.0% vol

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

NZ/PG/FI/DC/LDC/SG:
$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

2203.00.65

In a container of 8 litres or more which is designed to be connected to a pressurised gas delivery system or pump delivery system, and having an alcoholic strength by volume exceeding 3.0% vol but not exceeding 3.5% vol

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

NZ/PG/FI/DC/LDC/SG:
$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

2203.00.66

Other, having an alcoholic strength by volume exceeding 3.0% vol but not exceeding 3.5% vol

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

NZ/PG/FI/DC/LDC/SG:
$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

2203.00.67

In a container of 8 litres or more which is designed to be connected to a pressurised gas delivery system or pump delivery system, and having an alcoholic strength by volume exceeding 3.5% vol

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

NZ/PG/FI/DC/LDC/SG:
$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

2203.00.69

Other

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

NZ/PG/FI/DC/LDC/SG:
$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

6  Schedule 3 (subheadings 2206.00.74 to 2206.00.78)

Repeal the subheadings, substitute:

 

2206.00.72

In a container of 8 litres or more which is designed to be connected to a pressurised gas delivery system or pump delivery system, and having an alcoholic strength by volume exceeding 1.15% vol but not exceeding 3.0% vol

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

NZ/PG/FI/DC/LDC/SG:
$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

2206.00.73

Other, having an alcoholic strength by volume exceeding 1.15% vol but not exceeding 3.0% vol

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

NZ/PG/FI/DC/LDC/SG:
$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

2206.00.76

In a container of 8 litres or more which is designed to be connected to a pressurised gas delivery system or pump delivery system, and having an alcoholic strength by volume exceeding 3.0% vol but not exceeding 3.5% vol

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

NZ/PG/FI/DC/LDC/SG:
$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

2206.00.77

Other, having an alcoholic strength by volume exceeding 3.0% vol but not exceeding 3.5% vol

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

NZ/PG/FI/DC/LDC/SG:
$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

2206.00.78

In a container of 8 litres or more which is designed to be connected to a pressurised gas delivery system or pump delivery system, and having an alcoholic strength by volume exceeding 3.5% vol

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

NZ/PG/FI/DC/LDC/SG:
$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

2206.00.79

Other

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

NZ/PG/FI/DC/LDC/SG:
$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

7  Application

The amendments made by this Schedule apply in relation to:

 (a) goods imported into Australia on or after 1 July 2019; and

 (b) goods imported into Australia before 1 July 2019, where the time for working out the rate of import duty on the goods had not occurred before the commencement of this Schedule.

8  Transitional—indexation

Alcohol duty rates

(1) If, on one or more CPI indexation days, an alcohol duty rate in the rate column of subheadings 2203.00.61 and 2206.00.74 in Schedule 3 to the Customs Tariff Act 1995 was increased by an amount in accordance with section 19 of that Act, then, on the day this Schedule commences, a rate of duty set out in the rate column of subheadings 2203.00.64 and 2206.00.73 in Schedule 3 to that Act is increased by that amount or the sum of those amounts.

(2) If, on one or more CPI indexation days, an alcohol duty rate in the rate column of subheadings 2203.00.62, 2203.00.69, 2206.00.75 and 2206.00.78 in Schedule 3 to the Customs Tariff Act 1995 was increased by an amount in accordance with section 19 of that Act, then, on the day this Schedule commences, a rate of duty set out in the rate column of subheadings 2203.00.66, 2203.00.69, 2206.00.77 and 2206.00.79 in Schedule 3 to that Act is increased by that amount or the sum of those amounts.

(3) If, on one or more CPI indexation days, an alcohol duty rate in the rate column of subheadings 2203.00.71 and 2206.00.82 in Schedule 3 to the Customs Tariff Act 1995 was increased by an amount in accordance with section 19 of that Act, then, on the day this Schedule commences, a rate of duty set out in the rate column of subheadings 2203.00.63 and 2206.00.72 in Schedule 3 to that Act is increased by that amount or the sum of those amounts.

(4) If, on one or more CPI indexation days, an alcohol duty rate in the rate column of subheadings 2203.00.72 and 2206.00.83 in Schedule 3 to the Customs Tariff Act 1995 was increased by an amount in accordance with section 19 of that Act, then, on the day this Schedule commences, a rate of duty set out in the rate column of subheadings 2203.00.65 and 2206.00.76 in Schedule 3 to that Act is increased by that amount or the sum of those amounts.

(5) If, on one or more CPI indexation days, an alcohol duty rate in the rate column of subheadings 2203.00.79 and 2206.00.89 in Schedule 3 to the Customs Tariff Act 1995 was increased by an amount in accordance with section 19 of that Act, then, on the day this Schedule commences, a rate of duty set out in the rate column of subheadings 2203.00.67 and 2206.00.78 in Schedule 3 to that Act is increased by that amount or the sum of those amounts.

Definitions

(6) In this item:

alcohol duty rate has the meaning given by section 19AA of the Customs Tariff Act 1995.

CPI indexation day means a day occurring:

 (a) on or after the day the Bill for this Act was introduced into the House of Representatives; and

 (b) before the day on which this Schedule commences;

on which a rate of duty was replaced under section 19 of the Customs Tariff Act 1995.

Schedule 2—Consequential and contingent amendments

Part 1—Amendments commencing the same time as the Excise Tariff Amendment (Supporting Craft Brewers) Act 2019 commences

Customs Tariff Act 1995

1  Schedule 4A (table items 1, 2 and 3)

Repeal the items, substitute:

 

1

2203.00.63

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

2

2203.00.64

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3

2203.00.65

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3A

2203.00.66

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3B

2203.00.67

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3C

2203.00.69

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

2  Schedule 4A (table items 33, 34 and 35)

Repeal the items, substitute:

 

33

2206.00.72

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

34

2206.00.73

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

35

2206.00.76

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

35A

2206.00.77

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

35B

2206.00.78

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

35C

2206.00.79

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3  Schedule 5 (table items 3, 4 and 5)

Repeal the items, substitute:

 

3

2203.00.63

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

4

2203.00.64

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

5

2203.00.65

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

5A

2203.00.66

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

5B

2203.00.67

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

5C

2203.00.69

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

4  Schedule 5 (table items 25, 26 and 27)

Repeal the items, substitute:

 

25

2206.00.72

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

26

2206.00.73

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

27

2206.00.76

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

27A

2206.00.77

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

27B

2206.00.78

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

27C

2206.00.79

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

5  Schedule 6 (table items 6, 7 and 8)

Repeal the items, substitute:

 

6

2203.00.63

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

7

2203.00.64

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

8

2203.00.65

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

8A

2203.00.66

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

8B

2203.00.67

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

8C

2203.00.69

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

6  Schedule 6 (table items 28, 29 and 30)

Repeal the items, substitute:

 

28

2206.00.72

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

29

2206.00.73

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

30

2206.00.76

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

30A

2206.00.77

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

30B

2206.00.78

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

30C

2206.00.79

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

7  Schedule 7 (table items 5, 6 and 7)

Repeal the items, substitute:

 

5

2203.00.63

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

6

2203.00.64

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

7

2203.00.65

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

7A

2203.00.66

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

7B

2203.00.67

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

7C

2203.00.69

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

8  Schedule 7 (table items 27, 28 and 29)

Repeal the items, substitute:

 

27

2206.00.72

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

28

2206.00.73

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

29

2206.00.76

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

29A

2206.00.77

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

29B

2206.00.78

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

29C

2206.00.79

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

9  Schedule 8 (table items 3, 4 and 5)

Repeal the items, substitute:

 

3

2203.00.63

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

4

2203.00.64

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

5

2203.00.65

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

5A

2203.00.66

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

5B

2203.00.67

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

5C

2203.00.69

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

10  Schedule 8 (table items 33, 34 and 35)

Repeal the items, substitute:

 

33

2206.00.72

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

34

2206.00.73

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

35

2206.00.76

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

35A

2206.00.77

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

35B

2206.00.78

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

35C

2206.00.79

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

11  Schedule 8B (table items 2, 3 and 4)

Repeal the items, substitute:

 

2

2203.00.63

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3

2203.00.64

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

4

2203.00.65

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

4A

2203.00.66

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

4B

2203.00.67

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

4C

2203.00.69

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

12  Schedule 8B (table items 34, 35 and 36)

Repeal the items, substitute:

 

34

2206.00.72

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

35

2206.00.73

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

36

2206.00.76

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

36A

2206.00.77

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

36B

2206.00.78

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

36C

2206.00.79

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

13  Schedule 9 (table items 1, 2 and 3)

Repeal the items, substitute:

 

1

2203.00.63

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

2

2203.00.64

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3

2203.00.65

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3A

2203.00.66

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3B

2203.00.67

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3C

2203.00.69

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

14  Schedule 9 (table items 31, 32 and 33)

Repeal the items, substitute:

 

31

2206.00.72

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

32

2206.00.73

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

33

2206.00.76

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

33A

2206.00.77

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

33B

2206.00.78

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

33C

2206.00.79

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

15  Schedule 10 (table items 1, 2 and 3)

Repeal the items, substitute:

 

1

2203.00.63

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

2

2203.00.64

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3

2203.00.65

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3A

2203.00.66

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3B

2203.00.67

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3C

2203.00.69

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

16  Schedule 10 (table items 31, 32 and 33)

Repeal the items, substitute:

 

31

2206.00.72

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

32

2206.00.73

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

33

2206.00.76

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

33A

2206.00.77

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

33B

2206.00.78

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

33C

2206.00.79

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

17  Schedule 11 (table items 1, 2 and 3)

Repeal the items, substitute:

 

1

2203.00.63

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

2

2203.00.64

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3

2203.00.65

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3A

2203.00.66

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3B

2203.00.67

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3C

2203.00.69

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

18  Schedule 11 (table items 31, 32 and 33)

Repeal the items, substitute:

 

31

2206.00.72

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

32

2206.00.73

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

33

2206.00.76

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

33A

2206.00.77

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

33B

2206.00.78

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

33C

2206.00.79

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

19  Schedule 12 (table items 7, 8 and 9)

Repeal the items, substitute:

 

7

2203.00.63

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

8

2203.00.64

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

9

2203.00.65

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

9A

2203.00.66

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

9B

2203.00.67

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

9C

2203.00.69

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

20  Schedule 12 (table items 37, 38 and 39)

Repeal the items, substitute:

 

37

2206.00.72

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

38

2206.00.73

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

39

2206.00.76

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

39A

2206.00.77

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

39B

2206.00.78

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

39C

2206.00.79

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

21  Application

The amendments made by this Part apply in relation to:

 (a) goods imported into Australia on or after 1 July 2019; and

 (b) goods imported into Australia before 1 July 2019, where the time for working out the rate of import duty on the goods had not occurred before the commencement of this Part.

22  Transitional—indexation

Alcohol duty rates

(1) If an alcohol duty rate in the rate column of a subheading in Schedule 3 to the Customs Tariff Act 1995 is increased by an amount in accordance with item 8 of Schedule 1 to this Act, then, on the day this Part commences, a rate of duty set out in the rate column of an item in the tables in Schedules 4A, 5, 6, 7, 8, 8B, 9, 10, 11 and 12 to the Customs Tariff Act 1995 that relates to that subheading is increased by that amount.

Definitions

(2) In this item:

alcohol duty rate has the meaning given by section 19AA of the Customs Tariff Act 1995.

Part 2—Amendments commencing 1 December 2020

Customs Tariff Act 1995

23  Schedule 3 (subheading 2203.00.63, column 3)

Omit “/SG”.

24  Schedule 3 (subheading 2203.00.64, column 3)

Omit “/SG”.

25  Schedule 3 (subheading 2203.00.65, column 3)

Omit “/SG”.

26  Schedule 3 (subheading 2203.00.66, column 3)

Omit “/SG”.

27  Schedule 3 (subheading 2203.00.67, column 3)

Omit “/SG”.

28  Schedule 3 (subheading 2203.00.69, column 3)

Omit “/SG”.

29  Schedule 3 (subheading 2206.00.72, column 3)

Omit “/SG”.

30  Schedule 3 (subheading 2206.00.73, column 3)

Omit “/SG”.

31  Schedule 3 (subheading 2206.00.76, column 3)

Omit “/SG”.

32  Schedule 3 (subheading 2206.00.77, column 3)

Omit “/SG”.

33  Schedule 3 (subheading 2206.00.78, column 3)

Omit “/SG”.

34  Schedule 3 (subheading 2206.00.79, column 3)

Omit “/SG”.

35  Savings provision

Despite any amendment made by this Part of a particular provision of the Customs Tariff Act 1995, the provision, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to goods imported into Australia before that commencement.

Part 3—Amendments consequential to the Customs Tariff Amendment (Pacific Agreement on Closer Economic Relations Plus Implementation) Act 2018

Customs Tariff Act 1995

36  Schedule 8A (table items 1, 2 and 3)

Repeal the items, substitute:

 

1

2203.00.63

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

2

2203.00.64

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3

2203.00.65

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3A

2203.00.66

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3B

2203.00.67

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

3C

2203.00.69

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

37  Schedule 8A (table items 33, 34 and 35)

Repeal the items, substitute:

 

33

2206.00.72

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

34

2206.00.73

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

35

2206.00.76

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

35A

2206.00.77

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

35B

2206.00.78

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

35C

2206.00.79

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

38  Application

 The amendments made by this Part apply:

 (a) if this Part commences before 1 July 2019—in relation to:

 (i) goods imported into Australia on or after 1 July 2019; and

 (ii) goods imported into Australia before 1 July 2019, where the time for working out the rate of import duty on the goods had not occurred before 1 July 2019; or

 (b) otherwise—in relation to:

 (i) goods imported into Australia on or after the day this Part commences; and

 (ii) goods imported into Australia before this Part commences, where the time for working out the rate of import duty on the goods had not occurred before the commencement of this Part.

39  Transitional—indexation

Alcohol duty rates

(1) If an alcohol rate of duty in the rate column of a subheading in Schedule 3 to the Customs Tariff Act 1995 was increased by an amount in accordance with item 8 of Schedule 1 to this Act, then, on the day this Part commences, a rate of duty set out in the rate column of an item in the table in Schedule 8A to the Customs Tariff Act 1995 that relates to that subheading is increased by that amount.

(2) If, on one or more CPI indexation days, an alcohol duty rate in the rate column of a subheading in Schedule 3 to the Customs Tariff Act 1995 was increased by an amount in accordance with section 19 of that Act, then, on the day this Part commences, a rate of duty set out in the rate column of items 1, 2, 3, 3A, 3B, 3C, 33, 34, 35, 35A, 35B and 35C in the table in Schedule 8A to the Customs Tariff Act 1995 that relates to that subheading is also increased by that amount or the sum of those amounts.

Definitions

(3) In this item:

alcohol duty rate has the meaning given by section 19AA of the Customs Tariff Act 1995.

CPI indexation day means a day occurring:

 (a) after the day on which Schedule 1 to this Act commenced; and

 (b) before the day on which this Part commences;

on which a rate of duty was replaced under section 19 of the Customs Tariff Act 1995.

Part 4—Amendments contingent on the Customs Tariff Amendment (Peru‑Australia Free Trade Agreement Implementation) Act 2019

Customs Tariff Act 1995

40  Schedule 6A (table items 3, 4 and 5)

Repeal the items, substitute:

 

3

2203.00.63

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

4

2203.00.64

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

5

2203.00.65

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

5A

2203.00.66

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

5B

2203.00.67

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

5C

2203.00.69

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

41  Schedule 6A (table items 35, 36 and 37)

Repeal the items, substitute:

 

35

2206.00.72

$8.66/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

36

2206.00.73

$43.27/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

37

2206.00.76

$27.10/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

37A

2206.00.77

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

37B

2206.00.78

$35.50/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

37C

2206.00.79

$50.40/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15

42  Application

 The amendments made by this Part apply:

 (a) if this Part commences before 1 July 2019—in relation to:

 (i) goods imported into Australia on or after 1 July 2019; and

 (ii) goods imported into Australia before 1 July 2019, where the time for working out the rate of import duty on the goods had not occurred before 1 July 2019; or

 (b) otherwise—in relation to:

 (i) goods imported into Australia on or after the day this Part commences; and

 (ii) goods imported into Australia before this Part commences, where the time for working out the rate of import duty on the goods had not occurred before the commencement of this Part.

43  Transitional—indexation

Alcohol duty rates

(1) If an alcohol rate of duty in the rate column of a subheading in Schedule 3 to the Customs Tariff Act 1995 was increased by an amount in accordance with item 8 of Schedule 1 to this Act, then, on the day this Part commences, a rate of duty set out in the rate column of an item in the table in Schedule 6A to the Customs Tariff Act 1995 that relates to that subheading is increased by that amount.

(2) If, on one or more CPI indexation days, an alcohol duty rate in the rate column of a subheading in Schedule 3 to the Customs Tariff Act 1995 was increased by an amount in accordance with section 19 of that Act, then, on the day this Part commences, a rate of duty set out in the rate column of items 3, 4, 5, 5A, 5B, 5C, 35, 36, 37, 37A, 37B and 37C in the table in Schedule 6A to the Customs Tariff Act 1995 that relates to that subheading is also increased by that amount or the sum of those amounts.

Definitions

(3) In this item:

alcohol duty rate has the meaning given by section 19AA of the Customs Tariff Act 1995.

CPI indexation day means a day occurring:

 (a) after the day on which Schedule 1 to this Act commenced; and

 (b) before the day on which this Part commences;

on which a rate of duty was replaced under section 19 of the Customs Tariff Act 1995.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 14 February 2019

Senate on 3 April 2019]

(19/19)

 

Overview

The Customs Tariff Amendment (Craft Beer) Act 2019 was enacted by the Parliament of Australia to amend the Customs Tariff Act 1995. This legislation was introduced to address the need for a more equitable tariff structure for craft beer imports, aiming to support small-scale Australian brewers by adjusting the duty rates applied to different types and volumes of imported alcoholic beverages. The Act includes provisions that specify the commencement dates for various amendments, ensuring that changes to the tariff schedule are implemented in coordination with related legislative acts. Additionally, the Act incorporates indexation provisions to adjust duty rates in line with inflation, maintaining the purchasing power of the duty rates over time. The overall policy objective is to create a more balanced and supportive regulatory environment for the Australian craft brewing industry.

Scope and Application

The Customs Tariff Amendment (Craft Beer) Act 2019 is an Act of the Commonwealth of Australia that amends the Customs Tariff Act 1995. It was assented to on 5 April 2019. The Act modifies the tariff rates on alcoholic beverages, specifically targeting craft beer and other alcoholic beverages with specific alcohol content. The amendments apply to goods imported into Australia on or after 1 July 2019 and to goods imported before 1 July 2019 if the time for working out the rate of import duty had not occurred before the relevant commencement date of the Act. The Act also provides for the indexation of alcohol duty rates under certain conditions. There are no stated exclusions or thresholds in the Act. The application of the Act extends through subordinate instruments which detail specific changes to the Customs Tariff Act 1995.

Key Provisions

The Customs Tariff Amendment (Craft Beer) Act 2019 makes several amendments to the Customs Tariff Act 1995, focusing on the tariff rates for certain alcoholic beverages. Specifically, the Act amends the tariff rates for beer and other fermented liquors with an alcoholic strength by volume exceeding 1.15% vol but not exceeding 3.5% vol (Schedule 1). The changes include omitting certain tariff rates and inserting new ones, as well as adjusting the rates for different types of containers and alcohol content. These amendments apply to goods imported into Australia on or after 1 July 2019 and to goods imported before that date if the time for working out the rate of import duty had not occurred before the commencement of the relevant provisions. In addition to the tariff rate amendments, the Act also imposes certain obligations and requirements on the parties and entities it governs. For example, importers of the affected goods must ensure that they comply with the updated tariff rates when calculating and paying import duties. Furthermore, the Act includes transitional provisions for indexation of alcohol duty rates, which means that if a duty rate is increased on certain indexation days, the related duty rates in the specified tables are also increased by the same amount. There are no specific offences, penalties, or civil/criminal consequences mentioned for breach of the provisions in the Customs Tariff Amendment (Craft Beer) Act 2019. However, non-compliance with the tariff rate amendments and failure to accurately calculate and pay the applicable import duties could result in penalties under the Customs Tariff Act 1995 and other relevant legislation. These penalties may include fines and, in some cases, criminal charges for wilful or negligent breaches. The exact penalties would depend on the nature and severity of the breach, as well as any applicable provisions in other relevant Acts.

Legal classification tags

Area of Law
International Trade Law
Instrument
Act
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Regulatory Standards
Transitional Provisions
Savings Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.