Excise Tariff (No. 4) 1948

Administered by Department of the Treasury

Legislation au C1948A00093 Not in force Act

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EXCISE TARIFF (No. 4).

 

No. 93 of 1948.

An Act relating to Duties of Excise.

[Assented to 21st December, 1948.]

BE it enacted by the Kings Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Excise Tariff (No. 4) 1948.

(2.) The Excise Tariff 19211939, as amended by the Excise Tariff 1948, by the Excise Tariff (No. 2) 1948 and by the Excise Tariff (No. 3) 1948, is in this Act referred to as the Principal Act.

(3.) Section one of the Excise Tariff (No. 3) 1948 is amended by omitting sub-section (4.).

(4.) The Principal Act, as amended by this Act, may be cited as the Excise Tariff 19211948.

Amendment of Tariff.

2. The Schedule to the Principal Act is amended as set out in the Schedule to this Act and duties of Excise are hereby imposed in accordance with the first-mentioned Schedule as amended by the last-mentioned Schedule.


Time of imposition of duties of Excise.

3.—(1.) The time of the imposition of the duties of Excise (not being duties of Excise the time of the imposition of which is fixed by the next succeeding sub-section) imposed by this Act is the ninth day of September, One thousand nine hundred and forty-eight, at nine oclock in the forenoon, reckoned according to standard time in the Australian Capital Territory, and this Act shall be deemed to have come into operation at that time.

(2.) The time of imposition of duties of Excise imposed by this Act in respect of which a date earlier than the ninth day of September, One thousand nine hundred and forty-eight, is specified in the Schedule to this Act, is the earlier date so specified at nine oclock in the forenoon reckoned according to standard time in the Australian Capital Territory.

Validation of Proclamations.

4.—(1.) Where, in the Schedule to this Act, it is provided that, on a date to be fixed by Proclamation, the omission of an item or portion of an item from the Schedule to the Principal Act shall be effective, every Proclamation issued on or after the eighth day of September, One thousand nine hundred and forty-eight, and prior to the date on which this Act receives the Royal Assent, fixing the date on which the omission of that item or portion of an item from the Schedule to the Principal Act shall be effective, shall be deemed to have been lawfully made.

(2.) Where, in the Schedule to this Act, it is provided that on and after a date to be fixed by Proclamation, rates of duty shall be imposed on goods covered by an item or portion of an item in the Schedule to this Act, every Proclamation issued on or after the eighth day of September, One thousand nine hundred and forty-eight, and prior to the date on which this Act receives the Royal Assent, fixing the date on and after which those rates of duty shall be imposed on goods covered by an item or portion of an item in the Schedule to this Act, shall be deemed to have been lawfully made.

Duties of Excise.

5. The duties of Excise specified in the Schedule to this Act are hereby imposed in accordance with that Schedule, as from the time of the imposition of those duties, and those duties shall be deemed to have been imposed at that time, and shall be charged, collected and paid to the use of the King for the purposes of the Commonwealth, on—

(a) all goods dutiable under the Schedule to this Act and manufactured or produced in Australia after the time when those duties are deemed to have been imposed; and

(b) all goods dutiable under the Schedule to this Act which were manufactured or produced in Australia before the time when those duties are deemed to have been imposed and at that time were subject to the control of the Customs, or to Excise supervision, or were in the stock, custody or possession of, or belonging to, any distiller or manufacturer thereof and on which no duty of Excise had been paid before the time when those duties are deemed to have been imposed.


THE SCHEDULE.

——————

AMENDMENTS OF THE SCHEDULE TO THE PRINCIPAL ACT. Section 2.

EXCISE DUTIES.

Articles.

Rate of Duty.

2.

By omitting the whole of sub-item (i), such omission to be effective on a date to be fixed by Proclamation.

 

5.

By adding a new item 5 as follows:—

On and after a date to be fixed by Proclamation—

5. Liqueurs—

 

 

(a) As prescribed by Departmental By-laws per proof gallon

55s. 6d.

10.

(b) N.E.I.----------------------------per proof gallon

65s. 6d.

By adding a new sub-item (f) as follows:—

(f) Articles which are owned (prior to clearance for home consumption) by and are for the official use of the United Nations Organization or a Specialized Agency of the United Nations Organization             

Free.

 

 

By adding a new sub-item (g) as follows:—

 

 

(g) Articles which are owned (prior to clearance for home consumption) by and are for the personal or official use of the Secretary-General or an Assistant Secretary-General of the United Nations Organization or the Executive Head or an Assistant Executive Head of a Specialized Agency of the United Nations Organization or a member of the family of any person mentioned in this sub-item             

Free.

11.

By omitting the whole of paragraph (3) (twice occurring) of sub-item (a) and inserting in its stead the following paragraph:—

 

 

(3) Produced from shale mined in Australia---------------------

Free.

 

By adding to sub-item (b) a new paragraph (3) as follows:—

 

 

(3) Produced from shale mined in Australia---------------------

Free.

 

By omitting the whole of paragraph (2) (twice occurring) of sub-item (c) and inserting in its stead the following paragraph:—

 

 

 

(2) Produced directly or indirectly from coal mined in Australia--------

Free.

15.

By omitting the whole item and inserting in its stead the following item:—

On and after 1st July, 1948—

 

 

15. Matches ------------------------------per 8,640 matches

7s. 3d.

 

Overview

The Excise Tariff (No. 4) 1948 was enacted by the Parliament of Australia to amend the existing excise duties on certain goods. This legislation sought to address the need for adjustments in excise duties as part of broader fiscal policy adjustments in post-World War II Australia. The Act amended the Excise Tariff 1921–1939 to introduce new duties, modify existing rates, and exempt certain goods from excise. The policy objective, as inferred from the amendments, was to refine the excise system to support economic recovery and post-war reconstruction efforts. The Act was assented to on 21st December, 1948, and it came into operation on 9th September, 1948, with certain provisions backdated to earlier dates specified in the Schedule. The amendments also included validation for certain proclamations made in the interim period before the Act received Royal Assent.

Scope and Application

The Excise Tariff (No. 4) 1948 is a piece of Australian legislation that amends the existing Excise Tariff 1921–1939, imposing new duties of Excise on specific goods. This Act applies to goods manufactured or produced in Australia after the time when the duties are deemed to have been imposed, as well as goods manufactured or produced before this time that were under Customs control, Excise supervision, or in the possession of distillers or manufacturers, with no prior Excise duty paid. The Act imposes duties on these goods to the benefit of the Commonwealth. It extends across the Commonwealth of Australia and affects various industries and entities involved in the production or manufacturing of the listed goods. The Act also includes specific provisions for the validation of certain Proclamations issued before the Act received Royal Assent. Notably, the Act exempts certain articles owned by the United Nations Organization, its Specialized Agencies, the Secretary-General, Assistant Secretary-General, Executive Head, Assistant Executive Head, or members of their families, provided these articles are for official or personal use. The application of this Act can be further extended or restricted through subordinate instruments, as outlined in the Schedule.

Key Provisions

The Excise Tariff (No. 4) 1948 introduces amendments to the existing Excise Tariff, altering the rates and exemptions of excise duties on various goods. Specifically, the Act imposes new excise duties on certain types of liqueurs (section 2, Schedule), modifies the rates on other goods, and introduces exemptions for certain articles owned by the United Nations Organization or its specialized agencies and their officials (section 5, Schedule). The time of imposition for these duties is set for September 9, 1948 (section 3). Entities and individuals governed by this Act must comply with the new excise duties and exemptions as outlined in the amended Schedule. For instance, manufacturers and producers of goods subject to excise duty must ensure that appropriate duties are charged and collected. Similarly, importers and other stakeholders must be aware of the new rates and exemptions to ensure compliance with the Act. Violations of the provisions in this Act may result in legal consequences. Although the Act does not explicitly detail specific offences or penalties, it is understood that non-compliance with excise duty requirements can lead to financial penalties or other legal actions as prescribed by existing laws governing excise duties. The maximum penalties would typically align with those stipulated in broader excise legislation in force at the time.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.