Excise Tariff Amendment Act (No. 2) 1995

Overview

The Excise Tariff Amendment Act (No. 2) 1995 was enacted to make various amendments to the Excise Tariff Act 1921, addressing specific gaps and updating the rates and definitions of excise duties on certain goods. The Act was passed by the Parliament of Australia and received Royal Assent on 16 December 1995. It aims to adjust the excise rates and definitions to reflect changes in market conditions, taxation policies, and the need for more precise definitions to ensure accurate and fair taxation. The amendments are effective from different dates ranging from 1 April 1994 to 28 November 1995, as specified in the Act. This legislative update ensures the Excise Tariff Act 1921 remains current and applicable to the evolving economic landscape and regulatory requirements.

Scope and Application

The Excise Tariff Amendment Act (No. 2) 1995 is a Commonwealth Act that amends the Excise Tariff Act 1921, which governs the duties and taxes on various goods in Australia. This amendment Act modifies the rates and definitions of certain goods subject to excise duties, with the changes taking effect on specific dates between April 1994 and November 1995. The Act applies to goods subject to excise duty as outlined in the Excise Tariff Act 1921, which includes a wide range of items such as tobacco products, alcohol, fuel oil, and petroleum. The amendment affects entities and industries involved in the production, distribution, or sale of these goods within Australia. The Act's provisions extend nationally, affecting all states and territories uniformly under the authority of the Commonwealth. Certain amendments, such as those relating to fuel oil and petroleum, introduce specific physical and chemical standards that these goods must meet to be subject to the defined excise rates. The Act does not explicitly state exclusions or exemptions, but the amendments suggest that certain goods or mixtures may fall outside the scope of specific duties based on their characteristics or the conditions under which they are produced or used. The application of the Act may be further detailed or refined through subordinate instruments or regulations that provide additional clarity on implementation and enforcement.

Key Provisions

The Excise Tariff Amendment Act (No. 2) 1995 amends the Excise Tariff Act 1921, with various amendments having effect on different dates from April 1994 to November 1995. Section 3 of the Act amends the definition of the "relevant rate" in the Excise Tariff Act 1921 to exclude certain items and sub-items specified in the Schedule, taking effect from April 1, 1994 (Schedule 1, Section 3). Sections 4 and 5 of the Act further amend the Excise Tariff Act 1921, affecting the rates for tobacco, cigars, cigarettes, snuff, and kerosene for use in aircraft, and the physical characteristics of fuel oil, with these changes taking effect from May 10, 1995, July 1, 1995, and October 11, 1995 respectively (Schedules 2, 3 and 4). Section 6 amends the definition of "petroleum" in the Excise Tariff Act 1921, with this change taking effect from October 11, 1995 (Schedule 4). Section 7 of the Act amends the rate for kerosene for use in aircraft, with this change taking effect from November 28, 1995 (Schedule 5). The Excise Tariff Amendment Act (No. 2) 1995 imposes specific obligations on parties and entities governed by the Excise Tariff Act 1921. These obligations include adhering to the newly defined "relevant rate" for excise duties, which excludes certain items and sub-items specified in the Schedule. Entities involved in the production, manufacture, or distribution of tobacco products, cigars, cigarettes, snuff, and kerosene for aircraft use must comply with the new rates specified in the Act. Additionally, fuel oil used in aircraft must meet the new physical characteristics outlined in the Act, including density, carbon residue, and kinematic viscosity. The Act also imposes specific obligations on entities involved in the production and distribution of petroleum products, including those involving mixtures of prescribed petroleum and stabilized oil. The Excise Tariff Amendment Act (No. 2) 1995 does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, entities that fail to comply with the new excise duty rates, definitions, or physical characteristics specified in the Act may be subject to penalties under the Excise Tariff Act 1921 or other relevant legislation. Penalties for non-compliance with excise duties can include fines, imprisonment, or both, depending on the severity and frequency of the breach. It is essential for entities governed by the Excise Tariff Act 1921 to ensure they adhere to the new provisions outlined in the Excise Tariff Amendment Act (No. 2) 1995 to avoid potential penalties and legal consequences.