Excise Tariff 1968

Overview

The Excise Tariff 1968, enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, serves as an amendment to the Excise Tariff 1921–1967. This Act was introduced to address the need for updating excise duties in accordance with contemporary economic conditions and regulatory changes. The Act was designed to align the excise tariffs with the current fiscal and administrative requirements, ensuring that excise duties remain effective and relevant. Commencing on the day of Royal Assent, the Act makes specific amendments to the existing excise tariffs through the First and Second Schedules, effective from January 1, 1968, and May 17, 1968, respectively. The policy objective is to maintain the integrity and efficiency of the excise duty system by updating and refining the tariff structure to suit the evolving needs of the industry and economy.

Scope and Application

The Excise Tariff 1968 amends the existing Excise Tariff, imposing duties on certain goods manufactured or produced in Australia. The Act applies to goods manufactured or produced on or after 1 January 1968, and also to goods produced before this date but still under the control of the Customs, Excise supervision, or in the possession of a manufacturer or producer, provided no excise duty has been paid. The Act applies across the Commonwealth of Australia, with the amendments extending to all territories under federal jurisdiction. The Act includes specific provisions for ships' stores and industrial and scientific spirit, exempting them from excise duty under certain conditions. The scope of the Act can be further extended or restricted by regulations made under the authority of the Excise Act 1901–1968. Any amendments to the tariff schedule are detailed in the First and Second Schedules, which outline the specific goods subject to excise duties and any exemptions therein.

Key Provisions

The Excise Tariff 1968 (C1968A00074) modifies the duties of excise as outlined in the Excise Tariff 1921–1967. This Act, referred to as the Principal Act, is amended by this new legislation and can then be cited as the Excise Tariff 1921–1968. The Act comes into operation on the day it receives Royal Assent, unless otherwise specified within the Act. The amendments made by this Act are detailed in the First and Second Schedules, which update the tariffs for certain goods manufactured or produced in Australia. These amendments apply to goods manufactured or produced after the effective dates of the sections and to goods in certain specified conditions that were manufactured or produced before those dates. Under Section 3, the First Schedule amends the Principal Act by inserting a new item 19 that allows for free duty on ships' stores for non-coasting ships, provided the quantity is approved by the Collector and the stores are for use by the passengers or crew before the specified date. Section 4, through the Second Schedule, further amends the Principal Act by modifying item 2 to exempt certain spirits for industrial and scientific purposes from duty, subject to regulations. These amendments clarify the scope of goods that are exempt from excise duties and ensure that the regulations governing these duties are updated to reflect the changes. Entities and individuals governed by this Act must comply with the updated tariffs as specified in the Schedules. Manufacturers and producers must ensure that goods manufactured or produced after the effective dates of the amendments are correctly classified and that any applicable duties are paid. For goods produced before these dates but still in the possession of the manufacturer or producer, or under customs or excise supervision, the new tariffs must be applied unless the duty has already been paid. Compliance involves accurately identifying the goods and ensuring that any duty payable is settled in accordance with the new provisions. The Act does not specify particular offences or penalties for non-compliance within its text. However, breaches of excise duties are generally subject to penalties under the Excise Act 1901, which can include both civil and criminal penalties. Civil penalties might include the payment of outstanding duties along with interest, while criminal penalties could result in fines and, in severe cases, imprisonment. The exact penalties would depend on the specific circumstances of the breach and the provisions of the Excise Act 1901.