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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Excise Tariff Amendment (Tobacco Duty
Harmonisation) Bill 2017
No. , 2017
(Treasury)
A Bill for an Act to amend the Excise Tariff Act
1921, and for related purposes
No. , 2017
Excise Tariff Amendment (Tobacco Duty Harmonisation) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Excise Tariff Act 1921
3
No. , 2017
Excise Tariff Amendment (Tobacco Duty Harmonisation) Bill 2017
1
A Bill for an Act to amend the Excise Tariff Act
1
1921, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Excise Tariff Amendment (Tobacco Duty
5
Harmonisation) Act 2017.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Excise Tariff Amendment (Tobacco Duty Harmonisation) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
31 August 2017.
31 August 2017
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
No. , 2017
Excise Tariff Amendment (Tobacco Duty Harmonisation) Bill 2017
3
Schedule 1--Amendments
1
2
Excise Tariff Act 1921
3
1 Section 6AA (heading)
4
Repeal the heading, substitute:
5
6AA Indexing of tobacco duty rate under subitem 5.1 of the
6
Schedule
7
2 Subsection 6AA(1)
8
Omit "each rate of duty set out in item 5 of the Schedule (each tobacco
9
duty rate)", substitute "the rate of duty set out in subitem 5.1 of the
10
Schedule (the tobacco duty rate)".
11
3 Subsection 6AA(2)
12
Repeal the subsection, substitute:
13
(2) The amount worked out under subsection (1) is to be rounded to 5
14
decimal places (rounding up if the sixth decimal place is 5 or
15
more).
16
4 After section 6AA
17
Insert:
18
6AAB Tobacco duty rate under subitem 5.5 of the Schedule
19
(1) For the purposes of subitem 5.5 of the Schedule, the applicable
20
rate on a day is the amount worked out using the formula:
21
The rate of duty under subitem 5.1 of the Schedule on that day
The weight conversion factor on that day
22
(2) The weight conversion factor is:
23
(a) for a day on or after the first replacement day and before the
24
second replacement day--0.000775; or
25
(b) for a day on or after the second replacement day and before
26
the third replacement day--0.00075; or
27
Schedule 1 Amendments
4
Excise Tariff Amendment (Tobacco Duty Harmonisation) Bill 2017
No. , 2017
(c) for a day on or after the third replacement day and before the
1
fourth replacement day--0.000725; or
2
(d) for a day on or after the fourth replacement day--0.0007.
3
Rounding
4
(3) The amount worked out under subsection (1) is to be rounded to 2
5
decimal places (rounding up if the third decimal place is 5 or
6
more).
7
Replacement days
8
(4) For the purposes of this section, the first replacement day is:
9
(a) 1 September 2017; or
10
(b) if, in relation to the indexation day that is 1 September 2017,
11
subsection 6AA(7) has the effect of replacing a rate of duty
12
on a later day--that later day.
13
(5) For the purposes of this section, the second replacement day is:
14
(a) 1 September 2018; or
15
(b) if, in relation to the indexation day that is 1 September 2018,
16
subsection 6AA(7) has the effect of replacing a rate of duty
17
on a later day--that later day.
18
(6) For the purposes of this section, the third replacement day is:
19
(a) 1 September 2019; or
20
(b) if, in relation to the indexation day that is 1 September 2019,
21
subsection 6AA(7) has the effect of replacing a rate of duty
22
on a later day--that later day.
23
(7) For the purposes of this section, the fourth replacement day is:
24
(a) 1 September 2020; or
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(b) if, in relation to the indexation day that is 1 September 2020,
26
subsection 6AA(7) has the effect of replacing a rate of duty
27
on a later day--that later day.
28
Application of applicable rate
29
(8) If the applicable rate changes on a particular day, the changed rate
30
applies in relation to goods entered for home consumption on or
31
after that day.
32
Amendments Schedule 1
No. , 2017
Excise Tariff Amendment (Tobacco Duty Harmonisation) Bill 2017
5
Publication
1
(9) The CEO must, on or as soon as practicable after the day the rate
2
of duty set out in subitem 5.1 of the Schedule is replaced under
3
section 6AA, publish a notice in the Gazette advertising:
4
(a) the rate of duty under subitem 5.5 of the Schedule on that
5
day; and
6
(b) the goods to which subitem 5.5 of the Schedule applies.
7
5 Schedule (cell at table subitem 5.5
, column headed "Rate of
8
Duty")
9
Repeal the cell, substitute:
10
Applicable rate (see
section 6AAB) per
kilogram of tobacco
content
6 Application provision
11
(1)
The amendments made by items 4 and 5 apply in relation to goods
12
entered for home consumption on or after the first replacement day.
13
(2)
This item has effect despite subsection 5(2) of the Excise Tariff Act
14
1921.
15
(3)
For the purposes of this item, first replacement day has the same
16
meaning as in section 6AAB of the Excise Tariff Act 1921 as amended
17
by this Act.
18