EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 249
EXCISE REGULATIONS (AMENDMENT)
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR INDUSTRY, TECHNOLOGY AND COMMERCE
Statutory Rules 1984 No.126 amended the Excise Regulations (“the Regulations”) to:
(i) insert a new circumstance into regulation 50, as paragraph (50(1)(n), to allow rebates of excise duty to be paid on stabilized crude petroleum oil exported after 30 June 1983; and
(ii) insert a new regulation 52B to prescribe the rates of rebate to be so paid.
This regulation was made following the Government’s decision in the context of the 1983/84 Budget that excise duty would be rebated on exports of excisable “old” crude oil. Statutory Rules 1985 No. 357 amended regulation 52B to prescribe revised rates of rebate in respect of eligible stabilized crude petroleum oil for the 1983/84 financial year and for the period from 1 July 1984 to 31 December 1984.
Statutory Rules 1986 No. 173 amended the Regulations to;
(i) provide for new rates of rebate in respect of eligible stabilized crude petroleum oil exported after 1 January 1985; and
(ii) at the request of the Minister for Resources and Energy, provide for the rebates to be also payable on domestic free market sales of eligible stabilized crude petroleum oil sold after 1 January 1985.
No provision was made for rebates on domestic free market sales of oil prior to 1 January 1985 as no domestic free market sales were made prior to that date.
The main purpose of these regulations is to effect the introduction of new rates of rebates in respect of exports or sales of eligible stabilized crude petroleum oil for the period 1 January 1986 to 31 August 1986.
Regulation 1 specifies the rates of rebate on oil exported or sold as a domestic free market, sale for that period as follows -
(a) for quantities that do not exceed 726, 758.1 kilolitres - $6.155500104 per kilolitre
(b) for any portion of a quantity that exceeds 726,758.1 kilolitres but not more than 761,906.3 kilolitres - $375.115345878 per kilolitre
(c) for any portion of a quantity that exceeds 761,906.3 kilolitres - Nil
Regulations 1 also effects an adjustment to the rebate rates in respect of oil exported in the financial year commencing on 1 July 1983. The adjustments are necessary as a consequence of metering errors detected for that period at the production areas in Bass Strait.
Regulation 2 provides that where rebates have been paid to a person for the financial year affected by the error, that person is only entitled to an additional rebate amount equal to the difference between the previous amount and the revised amount proposed for that period by regulation 1.
Authority
Section 164 of the Excise Act 1901.