Excise Tariff Amendment Act (No. 2) 1988

Overview

The Excise Tariff Amendment Act (No. 2) 1988 was enacted by the Parliament of Australia to amend the Excise Tariff Act 1921. This Act addresses specific adjustments to excise duties and related tax rates, aiming to update the fiscal framework governing excise on certain goods. The amendments target specific items within the excise schedule to either increase or eliminate certain excise duties, reflecting policy decisions regarding taxation and government revenue. The Excise Tariff Amendment Act (No. 2) 1988 is structured to bring into effect changes in excise tariffs from April 1, 1988, and July 1, 1988, with further amendments taking effect from July 1, 1989. The primary objective of the Act is to modify the Excise Tariff Act 1921 by altering the excise rates for particular goods, ensuring that the fiscal policy aligns with the economic and administrative needs of the time.

Scope and Application

The Excise Tariff Amendment Act (No. 2) 1988 amends the Excise Tariff Act 1921 by modifying the tariff rates and conditions set forth in its schedule, thereby affecting the duties of excise applicable to certain goods. This Act applies to goods subject to excise duties under the Excise Tariff Act 1921, with specific amendments taking effect on different dates, namely 1 April 1988, 1 July 1988, and 1 July 1989. These amendments adjust the excise duty rates for particular goods, ensuring that the tariff schedule remains current and reflective of any legislative changes. The amendments apply nationally across the Commonwealth of Australia, and there are no stated exclusions or exemptions within the text of this Act. However, the application of these amendments may be further defined or extended through subordinate instruments, such as by-laws, which may specify additional details or conditions for particular goods or entities.

Key Provisions

The Excise Tariff Amendment Act (No. 2) 1988 amends the Excise Tariff Act 1921 by modifying the excise tariff rates applicable to certain goods. Specifically, section 3 amends the Schedule to the Principal Act by increasing the excise rate on a particular good from $13.21 to $15.39, effective from 1 April 1988. Section 4 removes the excise rate of $0.16087 per litre on another good, making it free of excise, effective from 1 July 1988. Section 5 further amends the Schedule to the Principal Act by replacing sub-items 10 (a) and 10 (aa) with a new sub-item (a), which details the conditions under which goods owned by the Commonwealth and not intended for trade are exempt from excise, effective from 1 July 1989. This new sub-item specifies that the exemption applies to goods used by prescribed departments of the Australian Public Service or by prescribed Commonwealth authorities or bodies. The Excise Tariff Amendment Act (No. 2) 1988 imposes specific obligations on the parties and entities it governs. It requires that the amended excise rates be applied to the relevant goods as per the specified dates. The new sub-item (a) in section 5 mandates that goods owned by the Commonwealth and not intended for trade are exempt from excise, provided they are used by prescribed departments or authorities. This means that the relevant departments and authorities must ensure that the goods in question meet the criteria outlined in the amended Schedule to the Principal Act. The Act also outlines the consequences of non-compliance with the amended excise tariffs. While the Act does not explicitly state the penalties for breach, the general provisions of the Excise Tariff Act 1921 would apply. Typically, non-compliance with excise duties can result in civil and criminal penalties. Civil penalties may include fines and interest on the unpaid duty, while criminal penalties can lead to imprisonment. The specific maximum penalties would depend on the nature and severity of the breach, as outlined in the Excise Tariff Act 1921 and other relevant legislation.