Excise By-law No. 154

Overview

The Excise Act 1901, enacted by the Commonwealth Parliament, aims to provide a comprehensive framework for the administration of excise duties. This legislation was introduced to address the need for effective regulation and collection of excise duties on various goods, ensuring that the government could efficiently raise revenue through these taxes while maintaining control over the production and distribution of excisable goods. Excise By-law No. 154, made under the authority of the Excise Act 1901, was introduced to specifically define and prescribe certain new petroleum production areas in Australia, thereby ensuring that excise duties are appropriately applied to these areas in accordance with the Excise Tariff Act 1921. The policy objective behind these by-laws is to streamline the administration of excise duties by clearly delineating the geographical scope of taxable production activities.

Scope and Application

The Excise By-law No. 154, made under the authority of the Excise Act 1901, applies to the definition of "prescribed new production area" for excise purposes as outlined in subsection 6C(1) of the Excise Tariff Act 1921. This legislative instrument identifies specific petroleum production areas within various basins across Western Australia, Queensland, South Australia, and the Northern Territory, which are subject to excise regulations. The geographic scope of this by-law is confined to the Commonwealth of Australia, with particular focus on delineated petroleum production areas in specified basins. This by-law revokes the previous Excise By-law No. 128, effective from the date of its publication in the Gazette. The by-law does not explicitly state any exclusions, exemptions, or thresholds, but it does detail the specific areas subject to the excise regulations by naming particular production sites within the mentioned basins. The by-law’s application may be further extended or refined through subordinate instruments, ensuring its scope remains relevant and comprehensive within the defined legislative framework.

Key Provisions

The Excise By-law No. 154 specifies new petroleum production areas in Western Australia, Queensland, South Australia, and the Northern Territory that are considered 'prescribed new production areas' for the purposes of the Excise Tariff Act 1921 (section 3). These areas include specific production zones within the Carnarvon, Canning, and Perth Basins in Western Australia; the Bowen/Surat and Cooper/Eromanga Basins in Queensland; the Cooper/Eromanga Basin in South Australia; and the East Mereenie area in the Amadeus Basin in the Northern Territory (section 4). The by-law revokes Excise By-law No. 128 and takes effect from the date of its publication in the Gazette (section 2). Under this by-law, parties or entities involved in petroleum production within the specified areas must comply with excise obligations as defined by the Excise Tariff Act 1921. These obligations may include the payment of excise duties or other financial contributions, adherence to reporting requirements, and compliance with any other relevant provisions stipulated by the Excise Act 1901 and related regulations. Producers, operators, and other stakeholders in these areas need to ensure that their activities align with the prescribed conditions to avoid any legal repercussions. Failure to comply with the provisions of Excise By-law No. 154 could result in various legal consequences. The Excise Act 1901 provides for both civil and criminal penalties for non-compliance. Civil penalties may include fines, while criminal penalties could lead to imprisonment, depending on the severity and frequency of the breach. The maximum penalties are not specified in the by-law itself but are outlined in the Excise Act 1901 and related legislative instruments. It is crucial for all parties involved to understand and adhere to the requirements to avoid facing these potential sanctions.