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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Excise Tariff
Amendment Bill (No. 2) 1997
No. ,
1997
(Industry, Science and
Tourism)
A Bill for an Act to amend the
Excise Tariff Act 1921, and for related
purposes
9702920--975/14.3.1997--(29/97) Cat. No. 96 7399 7
ISBN 0644 499982
Contents
A Bill for an Act to amend the Excise Tariff Act
1921, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Excise Tariff Amendment Act (No. 2)
1997.
(1) Subject to subsections (2) and (3), sections 1, 2 and 3 and items 1,
2, 3, 4, 19, 63, 66 and 67 of Schedule 1 commence on the day on which this Act
receives the Royal Assent.
(2) Items 64 and 65 of Schedule 1 are taken to have commenced on 1
September 1996.
(3) The other items of Schedule 1 commence on 1 July 1997.
Subject to section 2, 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this Act is amended or repealed as set out in the applicable items in the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.
1 Subsection 3(1) (definition of
delayed-entry LP)
Repeal the definition.
2 Subsection 3(1) (definition of
delayed-entry LPG)
Repeal the definition.
3 Subsection 3(1) (definition of
delayed-entry LPG rate)
Repeal the definition.
4 Subsection 3(1) (definition of
delayed-entry LP rate)
Repeal the definition.
5 Subsection 6AB(1)
Omit “31 December 1987”, substitute “30 June
1997”.
6 Paragraphs 6AB(1)(b) and
(c)
Repeal the paragraphs, substitute:
or (b) if at that time the final VOLWARE price has not been so
determined—the interim VOLWARE price determined under that section for the
month and an oil producing region that constitutes or includes that production
area.
7 Subsection 6AB(2)
Repeal the subsection.
8 Paragraph 6AC(a)
Omit “, an interim VOLWARE price or a reference price”,
substitute “or an interim VOLWARE price”.
9 Subsection 6B(1) (definition of added
duty)
Repeal the definition.
10 Subsection 6B(1) (definition of added
percentage)
Repeal the definition.
11 Subsection 6B(1) (definition of adjusted
previous year’s duty)
Omit “the division” (first occurring), substitute “that
month”.
12 Subsection 6B(1) (definition of adjusted
previous year’s duty)
Omit “the division” (second occurring), substitute “that
first-mentioned month”.
13 Subsection 6B(1) (definition of credited
adjustment amount)
Repeal the definition.
14 Subsection 6B(1) (definition of debited
adjustment amount)
Repeal the definition.
15 Subsection 6B(1) (definition of maximum
added percentage)
Repeal the definition.
16 Subsection 6B(1) (definition of
non-adjusted previous year’s duty)
Omit “the division” (first occurring), substitute “that
month”.
17 Subsection 6B(1) (definition of
non-adjusted previous year’s duty)
Omit “the division” (second occurring), substitute “that
first-mentioned month”.
18 Subsection 6B(1) (definition of prescribed
division)
Repeal the definition.
19 Subsection 6B(1A)
Repeal the subsection.
20 Subsections 6B(3), (3A), (3B), (3C) and
(3D)
Repeal the subsections, substitute:
The amount of duty
(3) Subject to subsection (3A), the amount of duty in respect of relevant
oil produced from a prescribed production area and entered for home consumption
during a month of a financial year commencing on or after 1 July 1997 is the
amount worked out using the formula:
where:
notional duty is the amount of notional duty in respect of
relevant oil produced from that area and entered for home consumption during the
period starting at the start of that financial year and ending at the end of
that month, worked out in accordance with subsection (4).
added duty is the sum of the added duty (if any) for that
area for:
(a) that month; and
(b) each month of that year before that month;
worked out for each of those months in accordance with subsections (5A),
(5AB) and (5AC).
debited adjustment amount is the debited adjustment amount
(if any) for that area and that month, worked out in accordance with subsection
(5B).
duty paid is the amount of duty (if any) paid in respect of
relevant oil produced from that area and entered for home consumption during the
period starting at the start of that financial year and ending at the end of
that month.
credited adjustment amount is the credited adjustment amount
(if any) for that area and that month, worked out in accordance with subsection
(5C).
Disregarding certain amounts when working out amount of
duty
(3A) In working out, for the purposes of subsection (3), the amount of
duty paid in respect of relevant oil produced from a prescribed production area
and entered for home consumption during a period starting at the start of a
financial year and ending at the end of a month of that year, the following
amounts are to be disregarded:
(a) any increases in the amount of duty paid as a result of the addition
of debited adjustment amounts for that area for any of the preceding months of
that year;
(b) any decreases in that amount as a result of the subtraction of
credited adjustment amounts for that area for any of those months.
21 Subsection 6B(5)
After “relevant percentage”, insert “(set out in
subsection (7))”.
22 Subsection 6B(5A)
Repeal the subsection, substitute:
Added duty
(5A) Subject to subsection (9A), if:
(a) the applicable petroleum price for a month of a financial year and a
prescribed production area exceeds the threshold price at the start of the
month; and
(b) the quantity of relevant oil produced from that prescribed production
area and entered for home consumption during the month exceeds the threshold
quantity for that month;
there is added duty for that area for the month (whether in that financial
year or in the following financial year) that immediately follows that
first-mentioned month.
The amount of added duty
(5AB) The amount of added duty referred to in subsection (5A) is an amount
equal to the added percentage, for the month, of the product of:
(a) that applicable petroleum price; and
(b) the number of kilolitres in the excess referred to in paragraph
(5A)(b);
worked out to the nearest cent.
The added percentage
(5AC) The added percentage referred to in subsection (5AB) is the lesser
of:
(a) 5%; or
(b) the percentage worked out using the formula:
where:
price is the number of dollars in the price that, at the
start of the month, is the applicable petroleum price for that month.
threshold price is the number of dollars in the threshold
price at the start of the month.
23 Subsection 6B(5B)
Omit “that division” (wherever occurring), substitute
“that first-mentioned month”.
24 Subsection 6B(5C)
Omit “that division” (wherever occurring), substitute
“that first-mentioned month”.
25 Subsection 6B(6)
After “relevant percentage”, insert “(set out in
subsection (7))”.
26 Subsection 6B(9)
Omit “relevant division” (wherever occurring), substitute
“relevant month”.
27 Subsection 6B(9A)
Repeal the subsection, substitute:
Added duty—dealing with the first year of production
(9A) If no relevant oil produced from a prescribed production area was
ever entered for home consumption before the start of a month (the
relevant month), then, when working out the added duty (if any)
for that area for the month that immediately follows the relevant month,
subsection (5A) has effect in relation to the relevant oil produced from that
area and entered for home consumption during the latter month as if the
reference to the threshold quantity for the relevant month were a reference to
the product of that threshold quantity and the factor worked out using the
formula:
where:
days remaining in the relevant month is the number of days in
the period starting on the day on which relevant oil produced from the
prescribed production area was first entered for home consumption and ending at
the end of the relevant month.
days in the relevant month is the number of days in the
relevant month.
28 Section 6B
Omit “prescribed division” (wherever occurring), substitute
“month”.
29 Section 6B (other than the definitions of
adjusted previous year’s duty and non-adjusted previous
year’s duty in subsection (1) and other than
subsection(9A))
Omit “the division” (wherever occurring), substitute
“that month”.
30 Section 6B (other than subsections (5B) and
(5C))
Omit “that division” (wherever occurring), substitute
“that month”.
Note 1: The following heading to subsection 6B(1) is
inserted “Definitions”.
Note 2: The following heading to subsection 6B(2) is
inserted “Introduction”.
Note 3: The following heading to subsection 6B(4) is
inserted “The total amount of notional
duty”.
Note 4: The following heading to subsection 6B(5) is
inserted “The amount of notional duty for a quantity of oil—one
petroleum price”.
Note 5: The following heading to subsection 6B(5B) is
inserted “The debited adjustment amount”.
Note 6: The following heading to subsection 6B(5C) is
inserted “The credited adjustment amount”.
Note 7: The following heading to subsection 6B(6) is
inserted “The amount of notional duty for a quantity of oil—more
than one petroleum price”.
Note 8: The following heading to subsection 6B(7) is
inserted “Relevant percentage for a quantity of
oil”.
Note 9: The following heading to subsection 6B(8) is
inserted “Rounding the number of kilolitres in a quantity of
oil”.
Note 10: The following heading to subsection 6B(9) is
inserted “The amount of notional duty—dealing with the first year
of production”.
Note 11: The following heading to subsection 6B(10) is
inserted “Interpretation of the Schedule”.
31 Subsection 6C(1) (definition of adjusted
previous year’s duty)
Omit “the division” (first occurring), substitute “that
month”.
32 Subsection 6C(1) (definition of adjusted
previous year’s duty)
Omit “the division” (second occurring), substitute “that
first-mentioned month”.
33 Subsection 6C(1) (definition of credited
adjustment amount)
Repeal the definition.
34 Subsection 6C(1) (definition of debited
adjustment amount)
Repeal the definition.
35 Subsection 6C(1) (definition of
non-adjusted previous year’s duty)
Omit “the division” (first occurring), substitute “that
month”.
36 Subsection 6C(1) (definition of
non-adjusted previous year’s duty)
Omit “the division” (second occurring), substitute “that
first-mentioned month”.
37 Subsection 6C(1) (definition of prescribed
division)
Repeal the definition.
38 Subsections 6C(3), (3A) and
(3B)
Repeal the subsections, substitute:
The amount of duty
(3) Subject to subsection (3A), the amount of duty in respect of new oil
produced from a prescribed new production area and entered for home consumption
during a month of a financial year commencing on or after 1 July 1997 is the
amount worked out using the formula:
where:
notional duty is the amount of notional duty in respect of
new oil produced from that area and entered for home consumption during the
period starting at the start of that financial year and ending at the end of
that month, worked out in accordance with subsection (4).
debited adjustment amount is the debited adjustment amount
(if any) for that area and that month, worked out in accordance with subsection
(5A).
duty paid is the amount of duty (if any) paid in respect of
new oil produced from that area and entered for home consumption during the
period starting at the start of that financial year and ending at the end of
that month.
credited adjustment amount is the credited adjustment amount
(if any) for that area and that month, worked out in accordance with subsection
(5B).
Disregarding certain amounts when working out amount of
duty
(3A) In working out, for the purposes of subsection (3), the amount of
duty paid in respect of new oil produced from a prescribed new production area
and entered for home consumption during a period starting at the start of a
financial year and ending at the end of a month of that year, the following
amounts are to be disregarded:
(a) any increases in the amount of duty paid as a result of the addition
of debited adjustment amounts for that area for any of the preceding months of
that year;
(b) any decreases in that amount as a result of the subtraction of
credited adjustment amounts for that area for any of those months.
39 Subsection 6C(5)
After “relevant percentage”, insert “(set out in
subsection (7))”.
40 Subsection 6C(5A)
Omit “that division” (wherever occurring), substitute
“that first-mentioned month”.
41 Subsection 6C(5B)
Omit “that division” (wherever occurring), substitute
“that first-mentioned month”.
42 Subsection 6C(6)
After “relevant percentage”, insert “(set out in
subsection (7))”.
43 Subsection 6C(9)
Omit “relevant division” (wherever occurring), substitute
“relevant month”.
44 Section 6C
Omit “prescribed division” (wherever occurring), substitute
“month”.
45 Section 6C (other than the definitions of
adjusted previous year’s duty and non-adjusted previous
year’s duty in subsection (1))
Omit “the division” (wherever occurring), substitute
“that month”.
46 Section 6C (other than subsections (5A) and
(5B))
Omit “that division” (wherever occurring), substitute
“that month”.
Note 1: The following heading to subsection 6C(1) is
inserted “Definitions”.
Note 2: The following heading to subsection 6C(2) is
inserted “Introduction”.
Note 3: The following heading to subsection 6C(4) is
inserted “The total amount of notional
duty”.
Note 4: The following heading to subsection 6C(5) is
inserted “The amount of notional duty for a quantity of oil—one
petroleum price”.
Note 5: The following heading to subsection 6C(5A) is
inserted “The debited adjustment amount”.
Note 6: The following heading to subsection 6C(5B) is
inserted “The credited adjustment amount”.
Note 7: The following heading to subsection 6C(6) is
inserted “The amount of notional duty for a quantity of oil—more
than one petroleum price”.
Note 8: The following heading to subsection 6C(7) is
inserted “Relevant percentage for a quantity of
oil”.
Note 9: The following heading to subsection 6C(8) is
inserted “Rounding the number of kilolitres in a quantity of
oil”.
Note 10: The following heading to subsection 6C(9) is
inserted “The amount of notional duty—dealing with the first year
of production”.
Note 11: The following heading to subsection 6C(10) is
inserted “Interpretation of the Schedule”.
47 Subsection 6D(1) (definition of adjusted
previous year’s duty)
Omit “the division” (first occurring), substitute “that
month”.
48 Subsection 6D(1) (definition of adjusted
previous year’s duty)
Omit “the division” (second occurring), substitute “that
first-mentioned month”.
49 Subsection 6D(1) (definition of credited
adjustment amount)
Repeal the definition.
50 Subsection 6D(1) (definition of debited
adjustment amount)
Repeal the definition.
51 Subsection 6D(1) (definition of
non-adjusted previous year’s duty)
Omit “the division” (first occurring), substitute “that
month”.
52 Subsection 6D(1) (definition of
non-adjusted previous year’s duty)
Omit “the division” (second occurring), substitute “that
first-mentioned month”.
53 Subsection 6D(1) (definition of prescribed
division)
Repeal the definition.
54 Subsections 6D(3), (3A) and
(3B)
Repeal the subsections, substitute:
The amount of duty
(3) Subject to subsection (3A), the amount of duty in respect of
intermediate oil produced from a prescribed intermediate production area and
entered for home consumption during a month of a financial year commencing on or
after 1 July 1997 is the amount worked out using the formula:
where:
notional duty is the amount of notional duty in respect of
intermediate oil produced from that area and entered for home consumption during
the period starting at the start of that financial year and ending at the end of
that month, worked out in accordance with subsection (4).
debited adjustment amount is the debited adjustment amount
(if any) for that area and that month, worked out in accordance with subsection
(5A).
duty paid is the amount of duty (if any) paid in respect of
intermediate oil produced from that area and entered for home consumption during
the period starting at the start of that financial year and ending at the end of
that month.
credited adjustment amount is the credited adjustment amount
(if any) for that area and that month, worked out in accordance with subsection
(5B).
Disregarding certain amounts when working out amount of
duty
(3A) In working out, for the purposes of subsection (3), the amount of
duty paid in respect of intermediate oil produced from a prescribed intermediate
production area and entered for home consumption during a period starting at the
start of a financial year and ending at the end of a month of that year, the
following amounts are to be disregarded:
(a) any increases in the amount of duty paid as a result of the addition
of debited adjustment amounts for that area for any of the preceding months of
that year;
(b) any decreases in that amount as a result of the subtraction of
credited adjustment amounts for that area for any of those months.
55 Subsection 6D(5)
After “relevant percentage”, insert “(set out in
subsection (7))”.
56 Subsection 6D(5A)
Omit “that division” (wherever occurring), substitute
“that first-mentioned month”.
57 Subsection 6D(5B)
Omit “that division” (wherever occurring), substitute
“that first-mentioned month”.
58 Subsection 6D(6)
After “relevant percentage”, insert “(set out in
subsection (7))”.
59 Subsection 6D(9)
Omit “relevant division” (wherever occurring), substitute
“relevant month”.
60 Section 6D
Omit “prescribed division” (wherever occurring), substitute
“month”.
61 Section 6D (other than the definitions of
adjusted previous year’s duty and non-adjusted previous
year’s duty in subsection (1))
Omit “the division” (wherever occurring), substitute
“that month”.
62 Section 6D (other than subsections (5A) and
(5B))
Omit “that division” (wherever occurring), substitute
“that month”.
Note 1: The following heading to subsection 6D(1) is
inserted “Definitions”.
Note 2: The following heading to subsection 6D(2) is
inserted “Introduction”.
Note 3: The following heading to subsection 6D(4) is
inserted “The total amount of notional
duty”.
Note 4: The following heading to subsection 6D(5) is
inserted “The amount of notional duty for a quantity of oil—one
petroleum price”.
Note 5: The following heading to subsection 6D(5A) is
inserted “The debited adjustment amount”.
Note 6: The following heading to subsection 6D(5B) is
inserted “The credited adjustment amount”.
Note 7: The following heading to subsection 6D(6) is
inserted “The amount of notional duty for a quantity of oil—more
than one petroleum price”.
Note 8: The following heading to subsection 6D(7) is
inserted “Relevant percentage for a quantity of
oil”.
Note 9: The following heading to subsection 6D(8) is
inserted “Rounding the number of kilolitres in a quantity of
oil”.
Note 10: The following heading to subsection 6D(9) is
inserted “The amount of notional duty—dealing with the first year
of production”.
Note 11: The following heading to subsection 6D(10) is
inserted “Interpretation of the Schedule”.
63 Section 6F
Repeal the section.
64 Paragraph 11(A)(3) of the
Schedule
Repeal the paragraph, substitute:
|
(3) n.e.i.- |
|
|
|
(a) |
For use in aircraft |
$0.17931 per litre |
|
(b) |
For use otherwise than in aircraft and having a lead content exceeding 13
milligrams per litre |
$0.36725 per litre |
|
(c) |
For use otherwise than in aircraft and having a lead content not exceeding
13 milligrams per litre |
$0.34559 per litre |
65 Sub-item 11(D) of the
Schedule
Repeal the sub-item, substitute:
|
(D) |
Kerosene for use in aircraft |
$0.01778 per litre |
66 Schedule (sub-item
17(C))
Repeal the sub-item.
67 Saving provision
(1) Sections 6AB, 6AC, 6B, 6C and 6D of the Excise Tariff Act 1921,
as in force immediately before the commencement day, continue to apply in
relation to relevant oil produced from a prescribed production area, new oil
produced from a prescribed new production area, and intermediate oil produced
from a prescribed intermediate production area, that is entered for home
consumption during a prescribed division occurring before that day.
(2) In this item:
commencement day means 1 July 1997.
intermediate oil and new oil have the same
meanings as in subsection 3(1) of the Excise Tariff Act 1921 as in force
immediately before the commencement day.
prescribed division, prescribed production area
and relevant oil have the same meanings as in subsection
6B(1) of the Excise Tariff Act 1921 as in force immediately before the
commencement day.
prescribed intermediate production area has the same meaning
as in subsection 6D(1) of the Excise Tariff Act 1921 as in force
immediately before the commencement day.
prescribed new production area has the same meaning as in
subsection 6C(1) of the Excise Tariff Act 1921 as in force immediately
before the commencement day.