EXCISE TARIFF (AMENDMENT).
No. 15 of 1906.
An Act to amend the Excise Tariff 1905.
[Assented to 12th October, 1906.]
BE it enacted by the King’s Most Excellent Majesty the Senate and the House of Representatives of the Commonwealth of Australia as follows:—
Short title.
1. This Act may be cited as the Excise Tariff (Amendment) 1906.
Amendment of sec. 2 of Act No. 24 of 1905.
2. Section 2 of the Excise Tariff 1905 is amended by omitting the words—
“Provided that this Act shall not apply to or affect the duty imposed by the Excise Tariff 1902 upon sugar produced from cane grown and delivered for manufacture before the first day of January One thousand nine hundred and seven”
and inserting in lieu thereof the words—
“Provided that the duty of excise payable on sugar produced from cane delivered for manufacture before the first day of January One thousand nine hundred and seven shall be three-fourths of the aforesaid rate.”
Overview
The Excise Tariff (Amendment) Act 1906, enacted by the Commonwealth Parliament, was introduced to amend the Excise Tariff 1905. The primary problem this legislation aimed to address was the need to modify the duty rates on certain goods, specifically sugar produced from cane. The 1905 Tariff had initially excluded certain sugar from its provisions, but the 1906 Amendment Act adjusted the duty on sugar produced from cane delivered for manufacture before a specified date, setting it at three-fourths of the previously defined rate. This change ensured consistency and fairness in the taxation of sugar produced under certain conditions, aligning with the fiscal policy objectives of the time.
Scope and Application
The Excise Tariff (Amendment) 1906 Act amends the Excise Tariff 1905 to adjust the duty payable on certain goods. Specifically, it alters the duty on sugar produced from cane delivered for manufacture before 1 January 1907, setting it at three-fourths of the specified rate, thereby excluding it from the general application of the excise duty. This Act applies to the Commonwealth of Australia, affecting entities involved in the production, manufacture, and delivery of goods subject to excise duty. It targets the sugar industry by modifying the excise duty on sugar produced from cane under specific conditions. The amendments extend the application of the Excise Tariff 1905 to ensure that the duty on sugar produced from cane delivered before a particular date is adjusted accordingly. This legislative amendment does not introduce new exclusions but modifies existing provisions, thereby affecting the financial obligations of those involved in the sugar industry during the transitional period specified.
Key Provisions
The main operative sections of the Excise Tariff (Amendment) 1906 (C1906A00015) amend Section 2 of the Excise Tariff 1905 (No. 24 of 1905). Specifically, the amendment modifies the duty imposed on sugar produced from cane. Originally, the Excise Tariff 1905 excluded certain sugar from duty, but Section 2 of the Amendment Act introduces a new condition where sugar produced from cane delivered for manufacture before 1 January 1907 will now incur a duty of three-fourths of the previously stipulated rate (Section 2).
The Amendment Act imposes specific obligations on parties dealing in sugar produced from cane delivered for manufacture before the specified date. They must now ensure that the new duty rate is applied correctly. The amendment affects the calculation of excise duty for these goods, requiring compliance with the new statutory provision. Parties must be aware of the altered duty rate and adjust their accounting and reporting accordingly to remain compliant with the updated legislative requirements.
For breach of the provisions outlined in this Act, there are potential civil and criminal consequences. The Act does not explicitly detail the penalties for non-compliance, but it is reasonable to infer that failure to adhere to the amended duty rates could result in financial penalties or other legal repercussions as per existing legislative frameworks governing excise duties. The severity of the penalty would depend on the extent of non-compliance and could include fines or other sanctions as prescribed by applicable laws.
The Amendment Act also sets a clear timeline for its implementation, with the new duty rates applying to sugar produced from cane delivered for manufacture before 1 January 1907. This temporal restriction ensures that the duty adjustments are applied prospectively to specific batches of sugar, thereby maintaining clarity and fairness in tax obligations for the affected parties. The Act's focus on precise temporal application underscores its intent to amend existing duties without retroactive effect, ensuring legal certainty for all involved.