Tobacco Charge (No. 2) Amendment Act 1986

Overview

The Tobacco Charge (No. 2) Amendment Act 1986 was enacted by the Commonwealth Parliament to amend the Tobacco Charge Act (No. 2) 1955. This Act was introduced to address the need to update the prescribed amounts for tobacco charges as specified in the principal Act. The purpose of this amendment was to ensure that the charge levied on tobacco products remained aligned with the intended fiscal policy and regulatory framework governing the tobacco industry in Australia. The policy objective behind this amendment was to maintain the integrity of the tobacco taxation system, ensuring that the prescribed charges accurately reflected the fiscal policy objectives established by the Commonwealth. The Act was assented to on 25 June 1986 and came into operation on the same day.

Scope and Application

The Tobacco Charge (No. 2) Amendment Act 1986 amends the Tobacco Charge Act (No. 2) 1955 to modify the prescribed amounts of tobacco charges applicable to manufacturers who purchase Australian tobacco leaf on or after 1 April 1986. This Act applies to manufacturers who are subject to the provisions outlined in subsection 5(1) of the Principal Act, meaning it directly affects entities involved in the tobacco manufacturing industry within Australia. The amendment is specifically concerned with the adjustment of financial charges related to tobacco products, impacting the financial obligations of those involved in the manufacturing process of tobacco products. The scope of this Act is national as it pertains to the Commonwealth level, applying uniformly across Australia without distinction between states or territories. There are no explicit exclusions or exemptions detailed within the Act, but its application is limited to the prescribed amounts concerning tobacco leaf purchases from the specified date onwards. The Act may be further refined or extended through regulations made under the authority of the Principal Act, thereby allowing for adjustments or detailed specifications that are not explicitly covered in the current legislative text.

Key Provisions

The Tobacco Charge (No. 2) Amendment Act 1986 introduces specific amendments to the Tobacco Charge Act (No. 2) 1955. The key provision of this Act (section 3) inserts a new section (6a) that temporarily prescribes certain amounts until regulations are made for the purposes of section 5 of the Tobacco Charge Act (No. 1) 1955. Specifically, section 6a stipulates that until such regulations are made, the amount prescribed for the purposes of paragraph 5(a) of the Principal Act should be 0.8 cents, and the amount prescribed for the purposes of paragraph 5(b) should be 2.7 cents. This amendment applies to Australian tobacco leaf purchased by a manufacturer to whom subsection 5(1) of the Principal Act applies, on or after 1 April 1986 (section 4). The Tobacco Charge (No. 2) Amendment Act 1986 imposes obligations on manufacturers who purchase Australian tobacco leaf on or after 1 April 1986. These manufacturers must adhere to the temporary prescribed amounts specified in section 6a until the regulations for section 5 of the Tobacco Charge Act (No. 1) 1955 are made. This requirement ensures that there is a clear understanding of the financial obligations related to the tobacco charge during the interim period before the regulations are finalised. There are no specific offences, penalties, or civil/criminal consequences mentioned within the text of the Tobacco Charge (No. 2) Amendment Act 1986. However, any failure to comply with the prescribed amounts or other provisions of the Principal Act may lead to legal consequences as defined under the broader Tobacco Charge Act (No. 2) 1955. The potential penalties for non-compliance with the Tobacco Charge Act (No. 2) 1955 would need to be considered under that legislation.