Excise Tariff Amendment Act 1991

Overview

The Excise Tariff Amendment Act 1991 is an Act of the Parliament of Australia that aims to modify the duties of excise as outlined in the Excise Tariff Act 1921. This legislation was enacted to address specific adjustments in excise duties that were deemed necessary to align with fiscal policies and regulatory updates. The Act amends the Schedule to the Principal Act, thereby altering the rates of excise duty applicable to certain goods, such as aviation fuel, effective from 1 July 1991 and other goods effective from 1 April 1991. By implementing these changes, the Act seeks to ensure that excise duties remain reflective of contemporary economic conditions and government revenue requirements.

Scope and Application

The Excise Tariff Amendment Act 1991 applies to amendments of the Excise Tariff Act 1921, affecting duties of excise in Australia. The Act targets entities and industries involved in the manufacture, production, or sale of excisable goods, specifically adjusting the rates for excise on certain goods. The amendments primarily concern changes to the excise duty rates for goods such as fuel for use in aircraft and other goods, as reflected in the adjustments to the Schedule of the Principal Act. Geographically, the Act applies across the Commonwealth of Australia, aligning with the jurisdiction of the federal government in regulating and collecting excise duties. The Act does not specify exclusions or exemptions within its text but refers to the Principal Act for further details on who or what may be exempt from excise duties. Additionally, the Act does not explicitly mention any thresholds but implies that changes to duty rates may affect various economic sectors. The application of this Act may be extended or restricted through subordinate instruments that provide more detailed regulations or specific exemptions as needed.

Key Provisions

The Excise Tariff Amendment Act 1991 (C2004A04261) amends the Excise Tariff Act 1921 by modifying the excise duties applicable to specific goods. The key operative sections of this Act are Sections 3 and 4. Section 3 modifies the excise duty for goods used in aircraft, specifically setting a new rate of 0.27074 per litre for goods previously taxed under subparagraph 11(A)(3)(a) (Section 3). Section 4 revises the excise duty for goods classified under paragraph 17(C)(2), setting a new rate of $35.94 per kilolitre for goods previously taxed under this classification (Section 4). The changes specified in Section 3 took effect on 1 July 1991, while the amendments in Section 4 became effective from 1 April 1991. The Excise Tariff Amendment Act 1991 imposes specific obligations on entities subject to excise duties as outlined in the Excise Tariff Act 1921. Entities must ensure compliance with the new rates set forth in Sections 3 and 4 for the respective goods. This includes updating their accounting and reporting practices to reflect the amended rates. Failure to comply with these changes can lead to discrepancies in tax reporting and potential non-compliance issues. In terms of consequences for non-compliance, the Excise Tariff Amendment Act 1991 does not explicitly outline specific offences or penalties within its text. However, given its amendments to the Excise Tariff Act 1921, entities that fail to comply with the updated excise duties may face general penalties under the broader Excise Act 1901. These penalties can include fines and, in severe cases, criminal charges. The exact penalties depend on the nature and extent of the non-compliance, as well as any additional provisions or regulations that may apply under the overarching Excise Act 1901.