Excise Tariff Amendment Act (No. 5) 1997

Overview

The Excise Tariff Amendment Act (No. 5) 1997 was enacted by the Parliament of Australia to amend the Excise Tariff Act 1921, addressing the need to update excise tariffs on specific goods. The act was assented to on 27 November 1997, and it came into effect on the same day, with certain provisions starting earlier on 17 September 1997. The primary objective of this legislation was to adjust the excise rates on tobacco products, including tobacco, cigars, and cigarettes, to align with contemporary fiscal and regulatory standards. The act specifically targets the excise tariffs on various types of tobacco products, ensuring they reflect the current economic and policy considerations of the time.

Scope and Application

The Excise Tariff Amendment Act (No. 5) 1997 is an Act enacted by the Parliament of Australia to amend the Excise Tariff Act 1921. This Act applies to goods that fall under specific items, sub-items, or paragraphs of the Schedule to the Excise Tariff Act 1921 as amended by this Act and are entered for home consumption on or after the commencement of this Act. The amendments concern the excise tariffs on tobacco, cigars, cigarettes, and fine cut tobacco, and these changes are applied to the goods that are imported into Australia after the specified commencement date. The Act specifies particular rates for various kinds of tobacco products, distinguishing between those with a prescribed wholesale list price and other kinds, and sets out different rates for cigarettes based on their weight. The scope of this legislation is limited to excise tariffs and does not extend beyond the amendments specified in the Schedule. No exclusions or exemptions are explicitly stated in the Act, but it is implied that the amendments apply to all relevant goods entering home consumption post-commencement, unless otherwise specified in the Excise Tariff Act 1921.

Key Provisions

The Excise Tariff Amendment Act (No. 5) 1997 amends the Excise Tariff Act 1921 by altering the excise tariffs for various tobacco products. Specifically, section 6 of Schedule 1 modifies the excise rate for tobacco, section 7 changes the rate for cigars, and section 8 revises the rate for cigarettes and fine cut tobacco. The Act introduces new rates for different kinds of tobacco products, such as tobacco and cigarettes of a kind for which a wholesale list price is prescribed by By-law and other kinds of tobacco and cigarettes. Under the Excise Tariff Amendment Act (No. 5) 1997, manufacturers, importers, and other entities involved in the production and distribution of the affected tobacco products must comply with the new excise rates as outlined in the Act. For instance, the new rates for tobacco, cigars, and cigarettes must be applied to the relevant goods when they are entered for home consumption after the commencement of the Act. This requirement ensures that the correct excise duties are levied on these goods in accordance with the updated tariffs. The Excise Tariff Amendment Act (No. 5) 1997 does not explicitly outline offences, penalties, or consequences for non-compliance with the new excise rates. However, non-compliance with excise duties is generally subject to penalties under the Excise Act 1901. These penalties can include fines and, in severe cases, imprisonment. The maximum penalties depend on the specific circumstances of the breach and can vary significantly. For example, for individuals, penalties may include fines of up to 10,000 penalty units and/or imprisonment for up to five years, while for corporations, the fines can be substantially higher, up to 500,000 penalty units. It is important for entities to adhere to the new excise rates to avoid potential legal and financial repercussions.