Excise Tariff Amendment Act (No. 2) 1989

Overview

The Excise Tariff Amendment Act (No. 2) 1989 was enacted to amend the Excise Tariff Act 1921, addressing certain excise duties and their application. This legislation was introduced by the Commonwealth Parliament to refine and update the excise tariffs, ensuring they align with contemporary economic and fiscal policies. The Act aims to adjust the excise duties listed in the Schedule to the Principal Act, reflecting changes in tax policy and economic conditions. The Excise Tariff Amendment Act (No. 2) 1989 modifies specific entries in the Schedule to the Excise Tariff Act 1921, effective from 1 July 1989 and 1 April 1989. These amendments include the removal of certain references and the alteration of duty amounts, ensuring that the excise duties are accurately reflected and applied as intended by the current fiscal framework. This Act was assented to on 24 December 1989, and it commenced on various dates as specified within the Act itself.

Scope and Application

The Excise Tariff Amendment Act (No. 2) 1989 amends the Excise Tariff Act 1921, impacting duties of excise applicable across the Commonwealth of Australia. This Act applies to entities and persons engaged in the production, manufacture, or importation of goods subject to excise, such as tobacco and alcohol products. The amendments primarily affect the Schedule to the Principal Act, altering excise rates and exemptions. The Act's amendments have specific commencement dates, with certain sections applying retroactively to April 1, 1989, and others effective from July 1, 1989. Notably, the Act removes certain jurisdictional references and adjusts financial thresholds, impacting how excise duties are calculated and enforced. The scope of the Act extends to the entire Commonwealth, including territories, ensuring uniformity in the application of excise duties across Australia. There are no explicit exclusions or exemptions stated in the Act itself, though the application and interpretation may be further defined through subordinate instruments or regulations.

Key Provisions

The Excise Tariff Amendment Act (No. 2) 1989 amends the Excise Tariff Act 1921 by modifying the schedule of excise duties. The main sections of this Act (sections 3 and 4) amend specific entries in the Schedule of the Principal Act, effective from 1 July 1989 and 1 April 1989, respectively. Section 3 removes the phrase “including an Ordinance of the Australian Capital Territory” from paragraph 10(a)(b) of the Principal Act’s Schedule. Section 4 replaces the amount “$6.25” in paragraph 17(c)(2) of the Principal Act’s Schedule with the word “Free,” effectively eliminating the specified duty. The Act imposes obligations on entities subject to the Excise Tariff Act 1921, requiring them to comply with the amended excise duties as set forth in the amended Schedule. This includes ensuring that any goods or services subject to excise duty are appropriately classified and taxed according to the updated provisions. The amendments necessitate adjustments in how entities calculate and report excise duties, ensuring compliance with the new rates or exemptions specified. For example, entities that previously needed to account for the excise duty of $6.25 must now adjust their records and systems to reflect the new “Free” status for the specified goods or services. Failure to comply with the provisions of the Excise Tariff Amendment Act (No. 2) 1989 can result in significant legal consequences. While the Act itself does not explicitly state penalties for non-compliance, breaches of excise duty regulations typically incur penalties under the Excise Act 1901. The penalties for non-compliance can include fines and imprisonment. For instance, under the Excise Act 1901, individuals or entities found guilty of evading excise duty may face fines of up to $22,200 and/or imprisonment for up to two years. Additionally, corporate entities may face even higher fines, up to $1,110,000 for serious breaches. These penalties underscore the importance of adhering to the amended excise duties as outlined in the Excise Tariff Amendment Act (No. 2) 1989.