Excise Tariff Amendment (Carbon Tax Repeal) Act 2014
No. 87, 2014
An Act to amend the law relating to excise tariffs, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Excise Tariff Act 1921
Excise Tariff Amendment (Carbon Tax Repeal) Act 2014
No. 87, 2014
An Act to amend the law relating to excise tariffs, and for related purposes
[Assented to 17 July 2014]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Excise Tariff Amendment (Carbon Tax Repeal) Act 2014.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 17 July 2014 |
2. Schedule 1 | At the same time as Part 1 of Schedule 1 to the Clean Energy Legislation (Carbon Tax Repeal) Act 2014 commences. | 1 July 2014 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Excise Tariff Act 1921
1 Subsection 3(1) (definition of per‑tonne carbon price equivalent)
Repeal the definition.
2 Subsection 5(1) (note)
Repeal the note, substitute:
Note: Section 6A effectively changes certain rates of duty that appear on the face of the Schedule.
3 Sections 6FA, 6FB and 6FC
Repeal the sections.
4 Schedule (note 2 to Schedule heading)
Repeal the note, substitute:
Note 2: Section 6A effectively changes certain rates of duty that appear on the face of this Schedule, especially in items 1, 2, 3 and 5.
5 Schedule (table heading)
Repeal the heading, substitute:
Excise duties (subject to section 6A) |
6 Schedule (cell at table subitem 10.6, column headed “Rate of Duty”)
Repeal the cell, substitute:
7 Schedule (cell at table subitem 10.17, column headed “Rate of Duty”)
Repeal the cell, substitute:
8 Application
The amendments made by this Schedule apply in relation to goods that are entered for home consumption after the commencement of this item.
[Minister’s second reading speech made in—
House of Representatives on 14 July 2014
Senate on 15 July 2014]
Overview
The Excise Tariff Amendment (Carbon Tax Repeal) Act 2014 was enacted by the Parliament of Australia to address the need for legislative changes following the repeal of the carbon tax. This Act amends the Excise Tariff Act 1921, removing provisions related to the carbon tax and adjusting certain excise duties accordingly. The primary objective of this legislation is to ensure that the excise tariffs reflect the changes brought about by the repeal of the carbon tax, thus maintaining fiscal integrity and fairness within the tax system. The Act received Royal Assent on 17 July 2014 and commenced on the same date, with specific amendments to the Excise Tariff Act 1921 taking effect from 1 July 2014.
Scope and Application
The Excise Tariff Amendment (Carbon Tax Repeal) Act 2014 is an Act of the Australian Parliament designed to amend the law relating to excise tariffs by repealing the carbon tax provisions established under the Excise Tariff Act 1921. This Act applies to the Excise Tariff Act 1921, modifying the definitions and specific rates of excise duty that were previously adjusted by the carbon tax. The repeal effectively removes the carbon price equivalent from the definition of per-tonne carbon price and nullifies the duty rates changes that were contingent on the carbon tax. This Act applies nationally across Australia, as it amends a Commonwealth Act, thereby affecting all entities and persons subject to excise duties under the Excise Tariff Act 1921. The changes made by this Act are effective for goods entered for home consumption after the Act's commencement on 1 July 2014. No specific exclusions or exemptions are outlined in the Act itself, although the scope of its application is limited to the repeal of the carbon tax-related provisions in the Excise Tariff Act 1921. The Act does not extend or restrict its application through subordinate instruments, as the amendments are directly incorporated within the principal Act.
Key Provisions
The Excise Tariff Amendment (Carbon Tax Repeal) Act 2014 (sections 1 to 3) is a legislative instrument that repeals and amends certain excise tariffs related to carbon pricing. The act repeals the definition of "per-tonne carbon price equivalent" and removes the corresponding excise duties that were previously calculated based on this definition. The act also removes specific sections (6FA, 6FB, and 6FC) that were related to the carbon pricing mechanism. Furthermore, the act makes amendments to the Schedule of the Excise Tariff Act 1921 to adjust the rates of duty for certain goods, effectively removing the carbon tax component from these rates. These amendments apply to goods entered for home consumption after the commencement of the act.
The Excise Tariff Amendment (Carbon Tax Repeal) Act 2014 imposes several obligations and requirements on the entities it governs. Firstly, it requires businesses and individuals to adjust their calculations of excise duties for goods subject to the amendments. This includes updating their records and systems to reflect the new rates of duty specified in the act. Additionally, the act requires the Australian Taxation Office (ATO) to provide updated guidance and information to taxpayers to ensure compliance with the new excise duty rates. The act also mandates that the Excise Tariff Act 1921 be amended to reflect the changes made by this act.
Under the Excise Tariff Amendment (Carbon Tax Repeal) Act 2014, there are no specific offences or penalties outlined for breaches of the act itself. However, failure to comply with the amended excise duties could result in penalties under the Excise Act 1901. These penalties may include fines, imprisonment, or both, depending on the severity of the breach. The maximum penalty for a serious offence under the Excise Act 1901 can be up to 10,000 penalty units or imprisonment for five years, or both. It is important for businesses and individuals to ensure they are compliant with the amended excise duties to avoid any potential penalties or consequences.