COMMONWEALTH OF AUSTRALIA
Excise Act 1901
EXCISE BY-LAW (AMENDMENT) 2001 No. 1
Under subsection 165(2) of the Excise Act 1901 and subsection 33(3) of the Acts
Interpretation Act 1901, I make the following amendment to Excise By-Law No. 114:
Citation
- This By-Law is the Excise By-Law (Amendment) 2001 No. 1.
Commencement
2. This By-Law takes effect from 30 April 2001.
Note: Under paragraph 168(a) of the Excise Act 1901, a By-Law has no force until it is published in the Gazette. However, subparagraph 168(b)(i) of that Act provides that a By-Law will take effect, or be deemed to have taken effect from a date specified by the By-Law.
By-Law does not revoke any other By-Law
3. This By-Law does not revoke any other By-Law.
Note: This By-Law does not revoke Excise By-Law No. 114 notified in the Commonwealth of Australia Gazette, No. GN44 of 8 November 1995, as amended by Excise By-Law (Amendment) 1997 No. 2 notified in the Commonwealth of Australia Gazette, No. GN44 of 5 November 1997, and Excise By-Law (Amendment) 1998 No. 1 notified in the Commonwealth of Australia Gazette, No. GN7 of 18 February 1998. This By-Law prescribes fields for the purposes of paragraph (a) of the definition of ‘exempt offshore field’ in section 3 of the Excise Tariff Act 1921.
Amendment
4. Paragraph 1 is amended by deleting “and Lambert/Hermes” and substituting:
“, Lambert/Hermes and Legendre/Legendre South”
5. Paragraph 2 is amended by deleting all words after “Wanaea,” and substituting:
“on and from 20 October 1997 in respect of Lambert/Hermes, and on and from 30
April 2001 in respect of Legendre/Legendre South.”
Note: The amendments amend Excise By-Law No. 114 to prescribe the Legendre/Legendre South field for the purposes of paragraph (a) of the definition of ‘exempt offshore field’ in section 3 of the Excise Tariff Act 1921.
Dated this 20th day of April 2001.
Original Signed by
Patrick Joseph Colmer
Delegate of the Chief Executive Officer of Customs
Overview
The Excise By-Law (Amendment) 2001 No. 1 is an amendment to Excise By-Law No. 114 under the authority of the Excise Act 1901. This legislative instrument was enacted by the Parliament of Australia and came into effect on 30 April 2001. The primary purpose of this amendment is to update the list of exempt offshore fields for excise purposes, specifically by adding the Legendre/Legendre South field to the list, thereby addressing any potential gaps in the tax treatment of goods produced in specified offshore areas. This amendment ensures that the excise regime is properly applied to offshore activities, aligning with the policy objective of maintaining a comprehensive and up-to-date regulatory framework for excise duties.
Scope and Application
The Excise By-Law (Amendment) 2001 No. 1, operating under the Excise Act 1901, pertains specifically to the amendment of Excise By-Law No. 114. This legislative instrument is applicable to entities and individuals involved in the oil and gas industry, particularly those conducting operations within designated offshore fields. The amendment specifies the addition of the Legendre/Legendre South field to the list of exempt offshore fields, thereby affecting the excise obligations of companies operating within this field. This legislative amendment applies nationally across the Commonwealth of Australia and extends to any entity or person involved in the exciseable goods or transactions within the specified offshore field. The amendment does not revoke any existing by-laws but rather modifies the scope of the existing Excise By-Law No. 114. The By-Law will take effect from 30 April 2001, as specified within the instrument, and is subject to publication in the Gazette for formal enforcement.
Key Provisions
The Excise By-Law (Amendment) 2001 No. 1 amends Excise By-Law No. 114 to update the list of offshore oil fields eligible for excise exemption under the Excise Tariff Act 1921. Specifically, section 4 deletes "and Lambert/Hermes" and inserts ", Lambert/Hermes and Legendre/Legendre South" in paragraph 1, thereby adding the Legendre/Legendre South field to the list of exempt offshore fields (sections 4 and 5). This by-law takes effect from 30 April 2001, as specified in section 2, and does not revoke any other by-law, as stated in section 3.
The obligations imposed by the Excise By-Law (Amendment) 2001 No. 1 include ensuring compliance with the updated list of exempt offshore oil fields, as prescribed in section 4. Any party or entity involved in the production or processing of petroleum at the Legendre/Legendre South field must adhere to the provisions of the Excise Tariff Act 1921, which now includes this field as an exempt offshore field. The by-law aims to clarify and update the scope of excise exemption applicable to offshore petroleum operations.
There are no specific offences or penalties outlined in the Excise By-Law (Amendment) 2001 No. 1 itself. However, failure to comply with the excise obligations under the Excise Tariff Act 1921 could result in civil or criminal penalties as prescribed by that Act. The Excise Tariff Act 1921 generally imposes penalties for non-compliance with excise duties, which may include fines and imprisonment depending on the nature and extent of the breach. The precise penalties are detailed in the Excise Tariff Act 1921, which governs the excise obligations for petroleum products in Australia.