STATUTORY RULES.
1939. No. 121.
REGULATION UNDER THE EXCISE ACT 1901-1934.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Excise Act 1901-1934.
Dated this eighteenth day of October, 1939.
Governor-General.
By His Excellency’s Command,
Minister of State for Trade and Customs.
______
Amendment of the Excise Regulations 1925.†
Regulation 177t of the Excise Regulations 1925 is amended by adding at the end thereof the following sub-regulation:—
“(7.) The provisions of this regulation shall not apply to matches intended for exportation.”.
* Notified in the Commonwealth Gazette on , 1939.
† Statutory Rules 1925, No. 181, as amended by Statutory Rules 1926, No. 70; 1928, No. 131; 1929, Nos. 74, 92 and 97; 1930, No. 71; 1931, Nos. 25 and 43; 1932, Nos. 13, 51, 105 and 129; 1933, Nos. 37 and 103; 1934, Nos. 9, 65 and 76; 1936, Nos. 26, 56 and 99; and 1939, Nos. 5, 39 and 60.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5512.—8/26.9.1939.—Price 3d.
Overview
The Excise Act 1901-1934, enacted by the Australian Parliament, was intended to provide a comprehensive framework for the collection of excise duties on specific goods. This Act, and its accompanying regulations, were designed to address the need for a standardised approach to the taxation of goods such as tobacco, alcohol, and other excisable items. The Excise Regulations 1925, which were amended by Statutory Rules 1939, No. 121, aimed to refine and update the regulatory framework to ensure it met contemporary needs. The policy objective of these regulations was to maintain a clear and efficient system of excise duty collection, while also accommodating the practicalities of trade, including the exportation of certain goods. This legislative instrument underscores the ongoing commitment to updating and improving the regulatory environment to support the economic and fiscal policies of the time.
Scope and Application
The Excise Regulations 1925, as amended by these statutory rules, apply to all exciseable goods within the Commonwealth of Australia, with a specific focus on the regulation and taxation of these goods under the Excise Act 1901-1934. The amendments introduced by this regulation pertain to matches, specifically exempting those intended for exportation from the provisions of Regulation 177t. This exclusion is intended to alleviate the administrative burden and taxation liabilities for manufacturers and exporters who ship matches outside Australia. The regulation thereby narrows the scope of excise application to ensure that only matches intended for domestic consumption are subject to the excise duties and regulatory requirements outlined in the Excise Act. The legislative instrument extends its reach to entities engaged in the production, distribution, and sale of matches, as well as those involved in exporting these products, while clearly delineating those activities that fall outside its purview.
Key Provisions
The main operative section of this regulation (Regulation 177t) is amended by adding a sub-regulation (7) which states that the provisions of this regulation will not apply to matches intended for exportation. This means that matches that are not intended for use within Australia are exempt from the specific regulations that would otherwise apply to them under Regulation 177t. This amendment ensures that the regulation does not interfere with the export of matches, thereby maintaining the flow of goods across international borders.
The Act imposes specific obligations on entities involved in the production, sale, and export of matches. Manufacturers and sellers must ensure that matches intended for export are clearly identified and separated from those intended for domestic use. This requirement ensures that the proper regulatory framework is followed for matches that are subject to the Excise Regulations, while those intended for export are not affected by these regulations. This distinction is crucial for compliance with both Australian and international trade laws.
Failure to comply with the Excise Act 1901-1934 and its associated regulations could result in legal consequences. Breaches of the Act can lead to penalties, which may include fines or other sanctions as prescribed by the relevant authorities. While the specific penalties are not detailed in the legislative instrument, it is clear that non-compliance could result in enforcement actions being taken against the offending parties. These penalties serve as a deterrent to ensure adherence to the regulations and the smooth operation of trade activities.