EXPLANATORY STATEMENT
1986 No. 338
Issued by the authority of the Minister for State of 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.
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.
The purpose of the proposed Statutory Rule is to effect the excise rebate rates advised by the Department of Resources and Energy for exports and domestic free market sales of Bass Strait produced crude oil for the period 1 October 1986 to 31 October 1986.
The proposed Regulation adds a new item 6 to the table to Regulation 52B and 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 366,793.10 kilolitres - $31.996111214 per kilolitre;
(b) For quantities that exceeds 336,793.10 kilolitres but does not exceed 562,311.0 kilolitres - $40.51407996 per kilolitre;
(c) For any portion of a quantity that exceeds 562,311.0 kilolitres - Nil.
Overview
The Excise Regulations Amendment Statutory Rule 1986 No. 173, introduced by the Parliament of Australia, was enacted to amend the Excise Regulations for excise rebates on Bass Strait produced crude oil. This legislation addresses the need to adjust the rebate rates for both exported and domestically sold stabilized crude petroleum oil. The objective of these amendments is to align the rebate rates with those advised by the Department of Resources and Energy for the specified period, ensuring that the rebates reflect the current market conditions and governmental policy on energy resources. By specifying the rebate rates for different quantities of oil exported or sold domestically, the Act aims to provide clarity and consistency in the application of excise rebates, thereby supporting the economic management of petroleum resources within Australia.
Scope and Application
The Explanatory Statement for Statutory Rules 1986 No. 338 pertains to the Excise Regulations, specifically addressing rebates on excise duty for stabilized crude petroleum oil. It applies to the export and domestic free market sales of Bass Strait produced crude oil for the period 1 October 1986 to 31 October 1986. The rules are designed to provide rebates on eligible quantities of stabilized crude petroleum oil, with specific rates of rebate depending on the volume of oil exported or sold domestically. The rebates are intended for exports occurring after 30 June 1983 and domestic sales after 1 January 1985. The rebates are structured according to the volume of oil, with different rates applying for quantities up to 366,793.10 kilolitres, between 366,793.10 kilolitres and 562,311.0 kilolitres, and nil for any portion exceeding 562,311.0 kilolitres. This amendment ensures that the excise duty rebates are accurately applied to the specified oil transactions within the stipulated period, aligning with the fiscal policies and regulatory requirements of the time.
Key Provisions
The Statutory Rule introduces specific provisions concerning excise duty rebates on Bass Strait produced crude oil exports and domestic free market sales for the period 1 October 1986 to 31 October 1986. Under section 50(1)(n) of the Excise Regulations, a new circumstance is inserted to allow rebates of excise duty on stabilized crude petroleum oil exported post-30 June 1983. Section 52B has been amended to prescribe the rates of rebate for such oil. The regulation provides for rebates in respect of eligible stabilized crude petroleum oil exported post-1 January 1985 and allows rebates on domestic free market sales of eligible stabilized crude petroleum oil sold post-1 January 1985. Specifically, it introduces new rates of rebate for these periods, as outlined in the explanatory statement.
The obligations imposed by this Act include the necessity for entities exporting or selling eligible stabilized crude petroleum oil to ensure they qualify for the rebates under the specified conditions. Exporters and sellers must accurately report the quantities of oil sold or exported to the relevant authorities to receive the rebates. They must also maintain detailed records of these transactions to substantiate their rebate claims. The Act mandates that the rebates are applicable only to oil that meets the criteria of being eligible stabilized crude petroleum oil and that the transactions fall within the defined time frames.
Failure to comply with the provisions of the Excise Regulations as amended by this Act may result in various penalties and consequences. The Act does not explicitly state the penalties for non-compliance but generally, breaches of excise regulations can lead to civil or criminal penalties depending on the severity of the breach. Civil penalties may include fines and the requirement to pay any unpaid duty, interest, and additional charges. Criminal penalties could involve prosecution, which may result in fines and imprisonment, depending on the extent and nature of the offence. The specific maximum penalties would be determined in accordance with other applicable laws and the discretion of the courts.