Excise Act 1965

Overview

The Excise Act 1965 was enacted by the Parliament of Australia to amend the existing Excise Act 1901-1963, aligning it with the transition to decimal currency in Australia. This legislative amendment was crucial in updating the monetary values and penalties stipulated in the Excise Act to reflect the new decimal currency system, ensuring the law remained relevant and effective post-transition. The Act was assented to on 18 December 1965 and came into operation on 14 February 1966. The policy objective of the Excise Act 1965 was to facilitate a smooth and legally consistent transition to decimal currency by modifying the financial parameters within the excise framework.

Scope and Application

The Excise Act 1965 amends the Excise Act 1901-1963 to align the legislative framework with the transition to decimal currency in Australia. This Act applies to all entities and individuals who are subject to the provisions of the Excise Act 1901-1963, including those involved in the manufacture, production, sale, or transportation of excisable goods. The geographic reach of the Act is national, as it applies across the Commonwealth of Australia, encompassing all states and territories. The Act does not specify any exclusions or exemptions but instead revises the penalty structure and the method of duty deposit to reflect the change to decimal currency. The amendments introduced by this Act include the repeal of certain sections and the insertion of new provisions, such as the adjustment of the minimum pecuniary penalty for offences against the Act. Furthermore, the Act extends its application through subordinate instruments, which may provide further detail or clarification on the implementation of the amendments.

Key Provisions

The Excise Act 1965 (referred to as the "Act") introduces significant amendments to the Excise Act 1901-1963 ("Principal Act") to adapt to the transition to decimal currency in Australia. The Act is set to come into effect on 14th February 1966. Section 1 of the Act provides that it can be cited as the Excise Act 1965 and that the Principal Act, as amended, may be referred to as the Excise Act 1901-1965. One of the key provisions is the insertion of a new section 132 (section 4), which sets the minimum pecuniary penalty for offences under the Act to one-twentieth of the maximum penalty specified for that offence, except for the penalty specified in section 129. The Act imposes several obligations on the parties governed by it. It requires that all references to monetary values previously stated in pounds and shillings in the Principal Act be converted to decimal currency. This is evident in the amendment of section 154 (section 4) where the word "pounds" is omitted from paragraph (2). This change aims to ensure that all financial obligations and penalties under the Act are clearly and uniformly understood in the new currency system. Breaching the provisions of the Act can result in various civil and criminal consequences. Section 132 establishes a framework for pecuniary penalties, with the minimum penalty being one-twentieth of the maximum penalty specified for each offence, except as otherwise noted. These penalties serve as a deterrent against non-compliance and ensure that those who violate the Act face appropriate financial consequences. The specific maximum penalties for different offences would be detailed in the relevant sections of the Act and must be adhered to strictly to avoid legal repercussions.