Excise By-law No. 75

Overview

The Excise By-Law No. 75, enacted in 1975, applies to stabilised crude petroleum oil used in the recovery or production of goods falling within specific categories, as defined in the Excise Act 1901. This by-law was introduced to address the need for a structured regulatory framework for excise on petroleum products, ensuring consistent application and enforcement across the country. The by-law was developed and is maintained by the Australian Taxation Office, reflecting the policy objective of maintaining efficient and effective excise administration. The by-law has undergone several amendments, most recently in 2009, to adapt to changes in the industry and to maintain its relevance and effectiveness in regulating excise on petroleum products.

Scope and Application

The Excise By-Law No. 75 applies to stabilised crude petroleum oil intended for use in the recovery or production of goods specified under item 20 and item 21 of the Excise Act 1901. This by-law, which is enacted under section 165 of the Excise Act 1901, was first brought into force on 19 August 1975 and has been subject to amendments over the years, with the latest amendment occurring on 5 August 2009. It imposes excise obligations on entities involved in the production or recovery of specified goods using stabilised crude petroleum oil, thereby extending the scope of the Excise Act to include this particular industry. The by-law applies nationally across Australia, as it is a Commonwealth legislation. There are no stated exclusions or exemptions within the by-law itself, although the Excise Act 1901 may contain provisions that could exempt certain entities or transactions under specific circumstances. The application of the by-law can be further refined or extended through subordinate instruments, which may provide additional detail or adjustments to the by-law's provisions.

Key Provisions

The Excise By-Law No. 75, as amended and in force under section 165 of the Excise Act 1901, pertains specifically to stabilised crude petroleum oil that is intended for use in the recovery or production, or both, of goods categorised under item 20 and item 21. Section 2 of the By-Law delineates its application, clearly identifying the scope of the excise obligations that apply to such petroleum oil. The By-Law was originally enacted on 19 August 1975, with subsequent amendments introduced to refine and update its provisions, the most recent amendment being on 5 August 2009. The Excise By-Law No. 75 imposes certain obligations on entities dealing with stabilised crude petroleum oil for the specified purposes. These obligations include compliance with the excise duties and other related requirements as stipulated by the Excise Act 1901. The By-Law ensures that entities subject to its provisions account for and remit the appropriate excise on the petroleum oil in accordance with the legislative framework. This involves proper documentation, record-keeping, and adherence to the prescribed procedures for reporting and payment of excise. Failure to comply with the Excise By-Law No. 75 may result in civil and criminal consequences. The Excise Act 1901 outlines various offences related to non-compliance with excise obligations, including the failure to account for or remit excise duty. The penalties for such breaches can be substantial, with the potential for criminal penalties such as fines and imprisonment for individuals found guilty of serious or repeated offences. The specific penalties depend on the nature and extent of the breach, with maximum penalties stipulated in the Excise Act 1901. These measures are designed to enforce compliance and maintain the integrity of the excise system.