Excise Tariff (No. 3) 1973

Overview

The Excise Tariff (No. 3) 1973 was enacted by the Queen, the Senate, and the House of Representatives of Australia, and it amends the Excise Tariff 1921-1972 to update the rates of excise duty on various goods. The Act was introduced to address the need for revised excise duties to reflect changes in economic conditions and taxation policy. It aims to ensure that the appropriate duties are levied on goods manufactured or produced in Australia. The Excise Tariff (No. 3) 1973 adjusts the rates of excise for a range of goods, thereby impacting the taxation and production costs of these items, and ensuring that the government's revenue from excise duties is up-to-date with economic realities. The Act’s policy objective is to provide a fair and updated framework for excise duties in line with fiscal and economic policies of the time.

Scope and Application

The Excise Tariff (No. 3) 1973 applies to duties of excise imposed on goods manufactured or produced in Australia. It specifically targets goods listed in the Schedule to the Principal Act, namely the Excise Tariff 1921-1972, as amended by the Excise Tariff 1973 and the Excise Tariff (No. 2) 1973. This Act imposes duties on goods that are manufactured or produced in Australia after the Act's commencement on 21 August 1973. It also applies to goods manufactured or produced before the commencement date if they were under Customs control, under excise supervision, in the possession of a manufacturer, or in the stock of a producer, and on which no duty of excise had been paid. The Act amends the tariff rates specified in the Schedule, thereby adjusting the duties of excise applicable to these goods. It is a Commonwealth Act, thereby extending its application across Australia, subject to the terms and conditions outlined within the legislation and any subordinate instruments that may further define its scope and application.

Key Provisions

The Excise Tariff (No. 3) 1973 (the Act) amends the Excise Tariff 1921-1972 (referred to as the Principal Act in the Act) by adjusting the duties of excise on various goods. Specifically, section 3 of the Act amends the Schedule to the Principal Act, updating the excise duties on several goods as detailed in the Schedule. The changes are effective for goods manufactured or produced in Australia on or after the Act's commencement, which is deemed to have occurred on 21 August 1973 at 8:00 pm by standard time in the Australian Capital Territory (section 2). The Act imposes obligations on manufacturers and producers of the goods covered by the amended Schedule. These parties must ensure that the appropriate excise duties are charged, collected, and paid on the goods specified in the amended Schedule, whether manufactured before or after the Act's commencement (section 4). For goods manufactured or produced before the Act's commencement, duties must be paid if the goods were under Customs control, under excise supervision, in the stock, custody, or possession of a manufacturer or producer, or belonged to a manufacturer or producer, and no duty had been paid prior to the Act's commencement. Breach of the obligations under the Act can result in significant penalties. While the Act does not explicitly state the penalties, under the Excise Act 1901, penalties for non-compliance can include fines and imprisonment. The severity of the penalties depends on the nature and extent of the breach, with potential maximum penalties including substantial fines and imprisonment terms for serious or repeated breaches. The specific penalties can be determined by the courts based on the circumstances of each case.