Excise Tariff Amendment Act 1977

Overview

The Excise Tariff Amendment Act 1977 was enacted by the Queen, with the Senate and House of Representatives of the Commonwealth of Australia, to amend the Excise Tariff Act 1921. This Act addresses the need to update excise duties on various goods manufactured or produced in Australia, ensuring that the taxation framework remains current and effective. The Excise Tariff Amendment Act 1977 introduces amendments to the excise duties as set out in the Excise Tariff 1921, reflecting changes in economic conditions, production costs, and the broader fiscal policy objectives of the government at the time. The policy objective of this Act is to adjust excise duties to align with contemporary economic realities and to ensure that the excise system continues to provide the necessary revenue while also influencing economic behaviour through taxation. The Excise Tariff Amendment Act 1977 came into operation at specific times: certain amendments were effective from 2 a.m. on 1 July 1977, while others were effective from 8 p.m. on 16 August 1977. These amendments involve adjustments to the rates of excise duties on various goods, including changes to rates for items such as petroleum products and other specified goods. The Act ensures that these changes are applied to goods manufactured or produced both before and after the effective dates, provided certain conditions regarding control, custody, and prior payment of duties are met.

Scope and Application

The Excise Tariff Amendment Act 1977 amends the Excise Tariff Act 1921, imposing duties of Excise on specific goods manufactured or produced in Australia. This Act applies to entities involved in the production or manufacture of goods specified in the amended Schedule of the Excise Tariff Act 1921. These duties are levied on goods produced or manufactured at or after the commencement of the Act, as well as on goods in the possession of manufacturers or producers at the time of amendment that had not yet been subjected to Excise duty. The Act has a national reach as it is enacted by the Commonwealth of Australia and applies uniformly across the country. The amendments specified in the Act extend to goods manufactured or produced in Australia, with no explicit exclusions or exemptions mentioned in the provided sections of the Act. The Act allows for further specification of application through subordinate instruments, which may detail specific categories or additional conditions under which the Excise duties are to be applied.

Key Provisions

The Excise Tariff Amendment Act 1977 (sections 1-5) primarily amends the Excise Tariff Act 1921, updating the duties of excise imposed on various goods manufactured or produced in Australia. Section 4 amends the tariff to increase the duty on certain goods from $0.043 per tonne to $0.10 per tonne, effective from 2 a.m. on 1 July 1977. Section 5 further amends the tariff, adjusting several rates specified in the Schedule, effective from 8 p.m. on 16 August 1977. These amendments require manufacturers and producers to account for the new excise duties on goods manufactured or produced from the dates specified. Entities governed by this Act must comply with the updated excise duties outlined in the amended Schedule. They are required to charge, collect, and pay the specified duties on goods manufactured or produced in Australia after the effective dates. For goods produced before these dates but still under control of Customs, in Excise supervision, in stock, custody, or possession of a manufacturer or producer, and on which no excise duty has been paid, the new duties must also be applied. This means that manufacturers and producers need to ensure they are aware of the changes and adjust their accounting and financial reporting accordingly. Failure to comply with the new excise duties can result in various consequences. Although the Act does not explicitly detail specific penalties, non-compliance with excise laws generally can lead to substantial financial penalties under the Excise Act 1901. These penalties can include fines and, in severe cases, criminal charges. The precise penalties would depend on the severity and intent of the breach, as well as any relevant case law and statutory guidelines.