Excise Tariff 1953

Administered by Department of the Treasury

Legislation au C1953A00078 Not in force Act

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EXCISE TARIFF.

 

No. 78 of 1953.

An Act relating to Duties of Excise.

[Assented to 10th December, 1953.]

BE it enacted by the Queens Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Excise Tariff 1953.

(2.) The Excise Tariff 1921-1952 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Excise Tariff 1921-1953.

Amendment of Tariff.

2. The Schedule to the Principal Act is amended as set out in the Schedule to this Act and duties of Excise are imposed in accordance with the first-mentioned Schedule as amended by the last-mentioned Schedule.

Time of imposition of duties of Excise.

3. The time of the imposition of the duties of Excise imposed by this Act is the twenty-fifth day of November, One thousand nine hundred and fifty-three, at five oclock in the forenoon, reckoned according to standard time in the Australian Capital Territory, and this Act shall be deemed to have come into operation at that time.

Duties. of Excise.

4. The duties of Excise specified in the Schedule to this Act are imposed in accordance with that Schedule, as from the time of the imposition of those duties, and those duties shall be deemed to have been imposed at that time, and shall be charged, collected and paid to the use of the Queen for the purposes of the Commonwealth, on—

(a) all goods dutiable under the Schedule to this Act and manufactured or produced in Australia after the time when those duties are deemed to have been imposed; and

(b) all goods dutiable under the Schedule to this Act which were manufactured or produced in Australia before the time when those duties are deemed to have been imposed and at that time were subject to the control of the Customs, or to Excise supervision, or were in the stock, custody or possession of, or belonging to, a manufacturer thereof and on which no duty of Excise had been paid before the time when those duties are deemed to have been imposed.

 

* Act No. 26, 1921, as amended by No. 28, 1924; No. 28, 1926; No. 4, 1928; Nos. 20 and 21, 1933; No. 17, 1936; Nos. 24 and 70,1938; Nos. 29, 54 and 65, 1939; Nos. 3, 4, 14 and 93, 1948; Nos. 77 and 82.1949; Nos. 61, 62 and 80,1950; and No. 83, 1952.


THE SCHEDULE. Section 2.

 

Amendments of the Schedule to the Principal Act.

 

EXCISE DUTIES.

Articles.

Rate of Duty.

2. By omitting the whole of sub-item (a) and inserting in its stead the following sub-item:—

(a) Brandy, distilled wholly from wine, the fermented juice of fresh grapes, by a pot-still or similar process at a strength not exceeding 40 per cent, over proof, matured by storage in wood for a period of not less than two years and certified by an officer to be pure brandy               per proof gallon

63s. 6d.

By omitting the whole of sub-item (b) and inserting in its stead the following sub-item:—

(b) Blended Brandy, distilled wholly from wine, the fermented juice of fresh grapes, and containing not less than 25 per cent, of pure spirit (which has been separately distilled from wine, the fermented juice of fresh grapes, by a pot-still or similar process at a strength not exceeding 40 per cent, over proof), the whole being matured by storage in wood for a period of not less than two years, and certified by an officer to be brandy so blended and matured               per proof gallon

63s. 6d.

By omitting the whole of sub-item (c) and inserting in its stead the following sub-item:—

(c) Apple Brandy, distilled wholly from apple cider and Brandies distilled from other approved fruit juices by a pot-still or similar process at a strength not exceeding 40 per cent, over proof, matured by storage in wood for a period of not less than two years, and certified by an officer to be pure apple or pure fruit brandy               per proof gallon

63s. 6d.

By omitting the whole of sub-item (d) and inserting in its stead the following sub-item —

(d) Whisky, distilled wholly from barley malt by a pot-still or similar process at a strength not exceeding 45 per cent, over proof, matured by storage in wood for a period of not less than two years, and certified by an officer to be pure malt whisky               per proof gallon

64s. 6d.

By omitting the whole of sub-item (e) and inserting in its stead the following sub-item:—

(e) (1) Australian Blended Whisky, distilled partly from barley malt and partly from other grain, containing not less than 25 per cent, of pure barley malt spirit (which has been separately distilled by a pot-still or similar process at a strength not exceeding 45 per cent, over proof), the whole being matured by storage in wood for a period of not less than two years, and certified by an officer to be whisky so blended and matured               per proof gallon

64s. 6d.

(2) Blended Whisky, n.e.i., distilled partly from barley malt and partly from other grain, containing not less than 25 per cent, of pure barley malt spirit (which has been separately distilled by a pot-still or similar process at a strength not exceeding 45 per cent, over proof), provided that the blended whisky contains not less than 15 per cent, of Australian pure barley malt spirit and contains not more than 20 per cent, of spirit upon which import duty has been paid, the whole being matured by storage in wood for a period of not less than two years, and certified by an officer to be whisky so blended and matured

per proof gallon

64s. 6d.

By omitting the whole of sub-item (f) and inserting in its stead the following sub-item:—

(f) Rum, distilled wholly from sugar, sugar syrup, molasses, or the refuse of sugar cane, by a pot-still or similar process at a strength not exceeding 45 per cent, over proof, matured by storage in wood for a period of not less than two years, and certified by an officer to be pure rum

per proof gallon

66s. 6d.


The Schedule—continued.

Articles.

Rate of Duty.

2—continued.

By omitting the whole of sub-item (g) and inserting in its stead the following sub-item:—

(G) Blended Rum, distilled wholly from sugar, sugar syrup, molasses, or the refuse of sugar cane, containing not less than 25 per cent. of pure spirit (which has been separately distilled from sugar, sugar syrup, molasses, or the refuse of sugar cane, by a pot-still or similar process at a strength not exceeding 45 per cent, over proof), the whole being matured by storage in wood for a period of not less than two years and certified by an officer to be rum so blended and matured               per proof gallon

67s. 6d.

By omitting the whole of sub-item (h) and inserting in its stead the following sub-item:—

(h) Gin, distilled from barley malt, grain, grape wine, apples, or other approved fruit and certified by an officer to be pure gin               per proof gallon

66s. 6d.

By omitting the whole of sub-item (o) and inserting in its stead the following sub-item:—

(o) Spirits, n.e.i. per proof gallon

75s. 6d.

5. By omitting the whole item and inserting in its stead the following item:—

5. (a) Liqueurs, as prescribed by Departmental By-laws  per proof gallon

65s. 6d.

(b) Liqueurs, n.e.i.  per proof gallon

75s. 6d.

(c) Flavoured spirituous liquors, as prescribed by Departmental By-laws

 per proof gallon

65s. 6d.

 

Overview

The Excise Tariff 1953 Act, enacted in 1953, is a revision of the Excise Tariff 1921-1952, aiming to update the excise duties on various alcoholic beverages manufactured and produced in Australia. This Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of the Act is to impose and amend duties of Excise on specific goods, ensuring they are collected and paid to the Commonwealth for its use. The Act sets out the specific rates for excise duties on a range of alcoholic beverages, including brandy, whisky, rum, gin, and liqueurs, effective from 25 November 1953. These duties are levied on goods produced in Australia after the specified date and on those goods produced prior to the date but not yet subject to excise duty.

Scope and Application

The Excise Tariff 1953 is a Commonwealth Act that applies to the imposition of duties of excise on various goods manufactured or produced in Australia. This Act amends the Excise Tariff 1921-1952, and the revised tariff is detailed in the Schedule of the Act. The duties of excise are imposed on goods such as brandy, blended brandy, apple brandy, whisky, blended whisky, rum, blended rum, gin, and various other spirits and liqueurs. The goods must be manufactured or produced in Australia after the specified date and time, or if produced before, must be under customs control, excise supervision, or in the possession of the manufacturer without prior duty payment. The duties are charged, collected, and paid to the Commonwealth for the benefit of the Crown. The Act extends to the entire Commonwealth of Australia and may be further extended or restricted through subordinate instruments, although such extensions or restrictions are not detailed in the primary text of the Act.

Key Provisions

The Excise Tariff 1953 (the Act) amends the existing Excise Tariff 1921-1952, introducing new rates of excise duty on various alcoholic beverages. The amendments to the tariff are detailed in the Schedule to this Act, which replaces the corresponding sections of the Principal Act (section 2). The time of imposition of these duties is explicitly stated as the 25th of November, 1953, at 5 o’clock in the morning according to standard time in the Australian Capital Territory (section 3). The duties themselves are detailed in section 4, which specifies that these duties apply to goods manufactured or produced in Australia after the time of imposition, as well as to goods produced prior to that date but not yet subject to excise duty. The obligations imposed by the Act on the parties it governs are primarily concerned with the payment and collection of excise duties on the specified goods. Manufacturers and producers of the dutiable goods must ensure that the appropriate excise duty is paid on goods manufactured or produced after the time of imposition. For goods produced before this date but not yet subject to excise duty, the duty must be paid before these goods are sold or otherwise disposed of. The Act also requires that these goods meet certain conditions, such as being matured by storage in wood for a specified period and certified by an officer. The Act provides for several offences and penalties for breach of its provisions. The specific penalties for non-compliance are not detailed in the provided text, but under Australian law, breaches of excise duty provisions can result in both civil and criminal penalties. Civil penalties may include the payment of the unpaid duty plus interest and, in some cases, fines. Criminal penalties can include imprisonment, with the exact terms depending on the nature and severity of the offence. The maximum penalties would be determined by the specific provisions of the broader Excise Act 1901, which governs the overall framework for excise duties in Australia.

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