Overview

The Excise Tariff Amendment Act (No. 3) 1997 was enacted by the Parliament of Australia to amend the Excise Tariff Act 1921. This legislation introduces changes to excise tariffs on certain goods, particularly focusing on tobacco products and leaded petrol. The act aims to update and refine the tax structure on these items, ensuring they are aligned with current fiscal policies and regulatory standards. By specifying the amendments to the Excise Tariff Act 1921, the legislation ensures that the updated tariffs apply to goods entered for home consumption on or after 7 August 1997. This amendment seeks to address the need for periodic updates to excise duties to reflect changes in economic conditions and legislative priorities. The Excise Tariff Amendment Act (No. 3) 1997 provides a structured approach to modifying excise tariffs, ensuring that the tax framework remains effective and responsive to economic and policy shifts. The act was designed to meet the policy objective of maintaining a balanced and fair tax system while also supporting broader fiscal and regulatory goals. By amending the Excise Tariff Act 1921, this legislation ensures that excise duties on specific goods are accurately reflected, contributing to the overall fiscal strategy of the government.

Scope and Application

The Excise Tariff Amendment Act (No. 3) 1997 amends the Excise Tariff Act 1921, adjusting the excise duties on certain goods, effective from 7 August 1997. This Act modifies specific items within the Excise Tariff Act 1921, including the rates for tobacco products such as cigarettes, cigars, and fine-cut tobacco, as well as the lead content-based rates for motor spirit and diesel fuels. The amendments apply to goods that are categorised under the amended items or paragraphs of the Excise Tariff Act 1921 and are entered for home consumption after the specified commencement date. This Act does not explicitly exclude any categories of entities or transactions from its application, implying that it broadly applies to all entities involved in the manufacture, importation, or sale of the specified goods. The Act’s application is nationwide, given its federal nature as an Australian Commonwealth Act.

Key Provisions

The Excise Tariff Amendment Act (No. 3) 1997 (Act) amends the Excise Tariff Act 1921 (Cth). The main sections of this Act involve specific changes to the Excise Tariff Act 1921, as outlined in Schedule 1. The changes primarily relate to the excise tariffs for various goods, including tobacco products and diesel fuels, as well as the lead content in certain products. For example, sections 1, 2, and 3 of Schedule 1 adjust the excise tariffs for tobacco products such as cigarettes, cigars, and fine-cut tobacco, setting them at $251.27 per kilogram (section 6, item 6; section 7, item 7; section 8, item 8). Additionally, sections 4, 5, 6, 7, and 8 of Schedule 1 modify the excise tariffs for various diesel fuels and goods with different lead content levels, ranging from $0.42797 to $0.44972 per litre (section 4, subparagraphs 11(A)(3)(b) and 11(A)(3)(c); section 5, paragraph 11(B)(3); section 6, subparagraphs 11(C)(2)(a) and 11(C)(2)(b); section 7, paragraph 11(E)(2); section 8, subparagraph 11(G)(2)(b)). The Excise Tariff Amendment Act (No. 3) 1997 imposes specific obligations on parties or entities governed by the Excise Tariff Act 1921. These obligations include the payment of the amended excise tariffs on goods specified in Schedule 1, such as tobacco products and diesel fuels, as well as compliance with the lead content requirements for certain products. The Act applies to goods that fall under the amended items of the Schedule to the Excise Tariff Act 1921 and are entered for home consumption on or after 7 August 1997 (section 9). This means that any entity involved in the import, production, or distribution of the affected goods must adhere to the new excise tariffs and lead content regulations as stipulated in the Act. The Excise Tariff Amendment Act (No. 3) 1997 includes potential consequences for non-compliance with the amended excise tariffs and lead content requirements. Breaches of the Act may result in civil or criminal penalties, although the specific penalties are not detailed within the text of the Act itself. In general, non-compliance with excise duties and regulations can lead to financial penalties, confiscation of goods, and potential legal action. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or statutory provisions governing excise-related offences. It is important for entities governed by the Act to ensure they are fully compliant with the amended excise tariffs and lead content requirements to avoid any potential legal or financial repercussions.