STATUTORY RULES.
1955. No. 65.
REGULATION UNDER THE EXCISE ACT 1901-1952.*
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 1901-1952.
Dated this twentieth day of September, 1955.
W. J. Slim
Governor-General.
By His Excellency’s Command,
(Sgd.) NEIL O’SULLIVAN
Minister of State for Trade and Customs.
Amendment of the Excise Regulations.†
Regulation 209 of the Excise Regulations is amended by omitting from sub-regulation (1.) the words “Thirteen shillings” and inserting in their stead the words “Fourteen shillings and sixpence”.
* Notified in the Commonwealth Gazette on , 1955.
† 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; 1939, Nos. 5, 39, 60, 121 and 169; 1940, Nos. 17 and 48; 1941, No. 313; 1942, Nos. 291, 335 and 387; 1943, Nos. 22 and 140; 1944, No. 173; 1945, No. 103; 1946, No. 89; 1947, Nos. 28 and 85; 1948, Nos. 36 and 95; 1949, No. 96; 1950, No. 16; 1951, Nos. 81 and 123; 1952, No. 97; 1953, No. 86; and 1954, Nos. 22 and 109.
Printed for the Government of the Commonwealth by A. j. Arthur at the Government Printing Office, Canberra.
3838/55.—Price 3d. 9/26.7.1955.
Overview
Statutory Rules 1955 No. 65, enacted under the authority of the Excise Act 1901-1952, aims to address the need for periodic adjustments to excise duties as part of fiscal policy and revenue management. This regulation was introduced by the Governor-General in Council, as per the advice of the Federal Executive Council, and is designed to align the excise duty rates with economic conditions and fiscal requirements. The regulation modifies Regulation 209 of the Excise Regulations by adjusting the excise duty from thirteen shillings to fourteen shillings and sixpence, reflecting a minor but crucial update in the fiscal framework to ensure continued effectiveness and relevance of the taxation system. The policy objective, although not explicitly stated in the text, likely centres on maintaining a stable and fair tax regime while adapting to economic changes and ensuring sufficient revenue for government operations.
Scope and Application
The Excise Regulations, as amended by Statutory Rules 1955 No. 65, are made under the authority of the Excise Act 1901-1952 and apply to exciseable goods produced within the Commonwealth of Australia. This legislation applies to individuals and entities involved in the manufacture, storage, and transportation of goods subject to excise, including businesses and industries that produce or handle these goods. The regulations have a national reach, applying across all states and territories of Australia. The specific amendment made by this statutory rule adjusts a monetary threshold from thirteen shillings to fourteen shillings and sixpence, affecting the calculation of excise duties on certain goods. While the primary focus is on excise duties, the regulations may also encompass related conduct and transactions that involve the production, storage, or movement of excisable goods. The application of the regulations can be further detailed or restricted through additional subordinate instruments, which may provide clarifications or specify particular conditions or exceptions.
Key Provisions
The Excise Regulations, as amended by Statutory Rules 1955 No. 65, primarily modify Regulation 209. The key change, as per section 1 of the Statutory Rules, is the amendment of sub-regulation (1) to adjust the excise amount from "Thirteen shillings" to "Fourteen shillings and sixpence." This alteration signifies a revision in the monetary value of the excise duty imposed under the Excise Act 1901-1952. The new rate is now explicitly stated to be Fourteen shillings and sixpence.
Entities and individuals governed by the Excise Regulations must adhere to this updated rate when calculating and remitting excise duty. This requirement is crucial for ensuring compliance with the current fiscal policies set forth by the Excise Act. Proper documentation and accurate calculations are essential to avoid discrepancies or potential legal issues. The regulation mandates that all calculations of excise duty be based on the revised amount, ensuring uniformity and transparency in tax compliance.
Breach of these regulations can lead to significant consequences. Under the Excise Act, non-compliance may result in civil penalties, which can include fines and interest on the unpaid duty. Additionally, persistent or egregious violations might be subject to criminal penalties, including imprisonment. The specific penalties are not detailed in the Statutory Rules but are governed by the broader provisions of the Excise Act, which may include fines and imprisonment terms depending on the severity and intent of the breach.
The amendment also necessitates that all records and reports related to excise duty calculations be updated to reflect the new rate. This ensures that all financial documentation aligns with the current regulatory requirements, facilitating accurate audits and assessments by the relevant authorities. Failure to update records and reports can lead to additional penalties and legal challenges. It is imperative for affected parties to ensure that their compliance mechanisms are updated promptly to avoid any legal repercussions.