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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Excise Tariff Amendment (Fuel
Indexation) Bill 2014
No. , 2014
(Treasury)
A Bill for an Act to amend the law relating to excise
tariffs, and for related purposes
No. , 2014
Excise Tariff Amendment (Fuel Indexation) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Part 1--Indexation
3
Excise Tariff Act 1921
3
Part 2--Consequential amendments to enacted changes to
alternative fuels
6
Excise Tariff Amendment (Taxation of Alternative Fuels) Act 2011
6
No. , 2014
Excise Tariff Amendment (Fuel Indexation) Bill 2014
1
A Bill for an Act to amend the law relating to excise
1
tariffs, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Excise Tariff Amendment (Fuel
5
Indexation) Act 2014.
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 (Fuel Indexation) Bill 2014
No. , 2014
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
31 July 2014.
31 July 2014
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 Schedule(s)
7
Each Act 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repealed as set out in the applicable items in the Schedule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
Indexation Part 1
No. , 2014
Excise Tariff Amendment (Fuel Indexation) Bill 2014
3
Schedule 1
--Amendments
1
Part 1
--Indexation
2
Excise Tariff Act 1921
3
1 Section 6A (heading)
4
Repeal the heading, substitute:
5
6A Indexation of CPI indexed rates
6
2 Subsection 6A(1)
7
Omit "each rate of duty set out in item 1, 2 or 3 of the Schedule (each
8
alcohol duty rate) is", substitute "each CPI indexed rate is".
9
3 Subsection 6A(1) (formula)
10
Repeal the formula, substitute:
11
CPI indexed rate
Indexation factor for
on the day before
the indexation day
the indexation day
12
4 Subsection 6A(1) (note)
13
Repeal the note, substitute:
14
Note:
For indexation factor see subsection (3). For CPI indexed rate and
15
indexation day see subsection (10).
16
5 Subsection 6A(2)
17
Omit "the alcohol duty rate", substitute "the CPI indexed rate".
18
6 Subsections 6A(5), (6), (8) and (9)
19
Omit "an alcohol duty rate", substitute "a CPI indexed rate".
20
7 Subsection 6A(10)
21
Insert:
22
CPI indexed rate means:
23
(a) a rate of duty set out in item 1, 2 or 3 of the Schedule; or
24
Schedule 1 Amendments
Part 1 Indexation
4
Excise Tariff Amendment (Fuel Indexation) Bill 2014
No. , 2014
(b) a rate of duty set out in item 10 of the Schedule, other than
1
in:
2
(i) subitem 10.6 or 10.17; or
3
(ii) subitem 10.7, 10.11, 10.12 or 10.30; or
4
(c) the rate set out in step 3 of the method statement in
5
subsection 6G(1) (about duty payable on blended goods).
6
8 After section 6A
7
Insert:
8
6AAA Rounding of fuel duty rates
9
(1) Despite subsection 6A(2), the amount to be worked out under
10
subsection 6A(1) in respect of an indexation day for a CPI indexed
11
rate covered by subsection (3) of this section is to be rounded to 3
12
decimal places (rounding up if the next decimal place is 5 or
13
more).
14
(2) For the purposes of section 6A, determine the CPI indexed rate on
15
the day before the indexation day as mentioned in subsection 6A(1)
16
on the assumption that the operation of subsection (1) of this
17
section was disregarded in respect of all previous indexation days
18
(if any).
19
(3) This subsection covers the following CPI indexed rates:
20
(a) a rate of duty set out in item 10 of the Schedule, other than
21
in:
22
(i) subitem 10.6 or 10.17; or
23
(ii) subitem 10.7, 10.11, 10.12 or 10.30; or
24
(b) the rate set out in step 3 of the method statement in
25
subsection 6G(1) (about duty payable on blended goods).
26
(4) In this section:
27
CPI indexed rate has the same meaning as in section 6A.
28
indexation day has the same meaning as in section 6A.
29
9 Subsection 6G(1) (method statement, step 1)
30
After "blended goods" (first occurring), insert "at the time the duty on
31
the blended goods is payable".
32
Amendments Schedule 1
Indexation Part 1
No. , 2014
Excise Tariff Amendment (Fuel Indexation) Bill 2014
5
10 Subsection 6G(1) (method statement, at the end of step 3)
1
Add:
2
Note:
The rate appearing on the face of step 3 is indexed under section 6A.
3
11 Application
4
(1)
The amendments made by this Part apply to goods manufactured or
5
produced in Australia on or after the day this Part commences and
6
goods for which all the following conditions are met:
7
(a) the goods were manufactured or produced in Australia before
8
that day;
9
(b) on that day, the goods either:
10
(i) were subject to the CEO's control; or
11
(ii) were in the stock, custody or possession of, or belonged
12
to, a manufacturer or producer of the goods; and
13
(c) no duty of excise had been paid on the goods before that day.
14
(2)
This item has effect despite subsection 5(2) of the Excise Tariff Act
15
1921.
16
Schedule 1 Amendments
Part 2 Consequential amendments to enacted changes to alternative fuels
6
Excise Tariff Amendment (Fuel Indexation) Bill 2014
No. , 2014
Part 2
--Consequential amendments to enacted
1
changes to alternative fuels
2
Excise Tariff Amendment (Taxation of Alternative Fuels) Act
3
2011
4
12 Part 5 of Schedule 1
5
Repeal the Part, substitute:
6
Part 5
--Amendments to commence on 1 July 2015
7
11 After section 6E
8
Insert:
9
6FAA Change in duty rate of certain liquefied petroleum gases,
10
liquefied natural gases and compressed natural gases
11
(1) This Act has effect as if, on 1 July 2015:
12
(a) the rate of duty in subitem 10.19A of the Schedule is
13
replaced by:
14
(i) $0.125 per litre; or
15
(ii) if the indexed rate worked out under subsection (2) is
16
greater than $0.125 per litre--that indexed rate; and
17
(b) the rate of duty in subitem 10.19B of the Schedule is replaced
18
by:
19
(i) $0.2613 per kilogram; or
20
(ii) if the indexed rate worked out under subsection (2) is
21
greater than $0.2613 per kilogram--that indexed rate;
22
and
23
(c) the rate of duty in subitem 10.19C of the Schedule is replaced
24
by:
25
(i) $0.2613 per kilogram; or
26
(ii) if the indexed rate worked out under subsection (2) is
27
greater than $0.2613 per kilogram--that indexed rate.
28
(2) To work out the indexed rate:
29
Amendments Schedule 1
Consequential amendments to enacted changes to alternative fuels Part 2
No. , 2014
Excise Tariff Amendment (Fuel Indexation) Bill 2014
7
(a) first, index the rate mentioned in paragraph (1)(a), (1)(b) or
1
(1)(c) (as applicable) on 1 August 2014 under section 6A, on
2
the assumptions that:
3
(i) the rate is a CPI indexed rate for the purposes of that
4
section; and
5
(ii) the amount of that rate on the day before 1 August 2014
6
is the amount set out in subparagraph (1)(a)(i), (1)(b)(i)
7
or (1)(c)(i) (as applicable); and
8
(b) next, index the rate mentioned in paragraph (1)(a), (1)(b) or
9
(1)(c) (as applicable) on 1 February 2015 under section 6A,
10
on the assumptions that:
11
(i) the rate is a CPI indexed rate for the purposes of that
12
section; and
13
(ii) the amount of that rate on the day before 1 February
14
2015 is the amount of the rate worked out under
15
paragraph (a) of this subsection.
16