Excise Tariff Amendment Act (No. 4) 1997

Overview

The Excise Tariff Amendment Act (No. 4) 1997 was enacted to amend the Excise Tariff Act 1921, addressing specific gaps related to excise duty rates for certain goods. This Act was introduced to the Parliament of Australia and assented to on 11 November 1997. Its primary objective is to adjust the rates of duty specified in the Excise Tariff Act 1921 for particular goods, ensuring that the excise duty aligns with the government's fiscal policies and economic objectives. The amendments made by this Act apply to goods that are entered for home consumption on or after the commencement of the Act, reflecting an intent to update and refine the excise duty framework in response to changing economic conditions or policy priorities.

Scope and Application

The Excise Tariff Amendment Act (No. 4) 1997 amends the Excise Tariff Act 1921 by altering the rates of duty on certain goods. This Act applies to any goods that fall under the specified paragraphs, subparagraphs, or sub-subparagraphs of the Schedule to the Excise Tariff Act 1921, as amended by this Act, and which are entered for home consumption on or after the Act's commencement. The amendments are effective immediately after the Excise Tariff (Fuel Rates Amendments) Act 1997 commences. The changes primarily involve updating the duty rates for particular goods, as outlined in the Schedule to this Act. While the Act itself focuses on these specified amendments, the scope of its application is determined by the relevant entries in the Excise Tariff Act 1921. Any further extensions or restrictions of its application would be addressed through subordinate instruments.

Key Provisions

The Excise Tariff Amendment Act (No. 4) 1997 primarily concerns amendments to the Excise Tariff Act 1921. The Act modifies the rates of excise duty for certain goods listed in the Schedule to the Excise Tariff Act 1921. Specifically, section 1 of the Schedule substitutes new rates of duty for various items, changing excise rates for goods such as fuel and tobacco products. This is evident in the changes from, for example, $0.34697 to $0.42797 and from $0.36872 to $0.44972 for specific items. These changes are intended to adjust the excise duty rates to reflect policy changes or economic considerations. The Act imposes obligations on entities and individuals involved in the production, importation, or consumption of goods subject to excise duty. These entities and individuals must ensure compliance with the amended rates of duty as set out in the Excise Tariff Act 1921 following the commencement of this Act. For instance, manufacturers and importers must update their records and systems to reflect the new duty rates, while consumers must be aware of potential changes in the prices of goods affected by the amendments. Furthermore, the Act requires these parties to declare the correct duty rates when goods are entered for home consumption, ensuring that the appropriate excise is accounted for. Failure to comply with the amended excise duty rates can lead to significant consequences. Section 15 of the Excise Tariff Act 1921, which remains in force despite the amendments, outlines the penalties for non-compliance. Offences under this section can result in both civil and criminal penalties. For example, knowingly or recklessly making a false statement in relation to the amount of duty payable can lead to fines of up to $11,000 for individuals and $55,000 for corporations. In more severe cases, particularly those involving intentional evasion of duty, individuals may face imprisonment for up to two years, while corporations may incur penalties of up to $275,000. These penalties underscore the importance of adhering to the amended duty rates and the serious ramifications of non-compliance.