Excise By-law No. 127

Overview

The Excise Act 1901 was enacted to provide for the imposition of excise duty on certain goods, as well as to regulate the production, distribution, and consumption of excisable goods. This Act was introduced to address the need for a structured and systematic approach to excise duty collection and compliance. The Excise Act 1901 was enacted by the Parliament of Australia and its policy objective is to ensure the efficient collection of excise duty and to regulate the production and distribution of excisable goods. One of the legislative instruments under this Act is the Excise By-law No. 127, made by a delegate of the Chief Executive Officer of Customs, which prescribes specific onshore fields for the purposes of the Excise Tariff Act 1921. This by-law came into effect on 31 January 1998 and repealed the previous Excise By-law No. 115.

Scope and Application

The Excise By-law No. 127 applies to the specified 'onshore fields' listed in the document, which are designated as prescribed 'onshore fields' for the purposes of the Excise Tariff Act 1921. This by-law identifies specific oil and gas fields across various basins in Australia, including the Carnarvon, Canning, Perth, Bowen/Surat, Cooper/Eromanga, and Amadeus Basins, and specifies the dates of the first commercial production for each field. The application of this by-law is jurisdictional, operating under the authority of the Excise Act 1901 and the Excise Tariff Act 1921, and it is implemented by a delegate of the Chief Executive Officer of Customs. The by-law repeals Excise By-law No. 115, indicating an update or amendment to the previous regulations. There are no explicit exclusions or exemptions mentioned in this by-law, and it does not specify any thresholds for its application. The by-law extends its application to the prescribed fields and effectively manages the excise obligations for these oil and gas fields within the designated geographic areas.

Key Provisions

Excise By-law No. 127, made under the authority of the Excise Act 1901, prescribes specific fields as 'onshore fields' for excise purposes. These fields are detailed in various tables within the by-law, each specifying the field name in Column A and the date of first commercial production in Column B. The fields listed cover several basins, including Carnarvon, Canning, Perth, Bowen/Surat, Cooper/Eromanga (both Queensland and South Australia), and Amadeus. These fields are now subject to excise regulations, which could affect the taxation and monitoring of goods produced or extracted from these areas. The by-law imposes obligations on entities involved in the production, extraction, or sale of goods from these designated fields. These entities must comply with excise regulations, which may include maintaining records, reporting production levels, and paying applicable excise duties. The precise obligations will depend on the nature of the goods and the specific provisions of the Excise Act 1901 and related legislation. Failure to comply with the provisions of Excise By-law No. 127 may result in various penalties and legal consequences. Offences could include non-payment of excise duties, failure to report production, or other breaches of the by-law. Penalties for such breaches can be severe and may include fines, imprisonment, or both, depending on the severity and frequency of the offence. The specific penalties are not detailed in the by-law itself but are governed by the broader provisions of the Excise Act 1901 and other relevant legislation.