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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Excise Tariff Amendment (Fuel
Indexation) Bill 2015
No. , 2015
(Treasury)
A Bill for an Act to amend the law relating to excise
tariffs, and for related purposes
No. , 2015
Excise Tariff Amendment (Fuel Indexation) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Incorporation of Tariff Proposals
3
Part 1--Increase in fuel duty rates on 10 November 2014
3
Excise Tariff Act 1921
3
Part 2--Indexation
6
Excise Tariff Act 1921
6
Part 3--Consequential amendments to enacted changes to
alternative fuels
9
Excise Tariff Act 1921
9
Schedule 2--Consequential amendments for ethanol and
biodiesel
11
Excise Tariff Act 1921
11
No. , 2015
Excise Tariff Amendment (Fuel Indexation) Bill 2015
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 2015.
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 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
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,
Part 1
10 November 2014.
10 November
2014
3. Schedule 1,
Part 2
31 January 2015.
31 January 2015
4. Schedule 1,
Part 3
1 July 2015.
1 July 2015
5. Schedule 2
Immediately after the commencement of
Schedule 1 to the Excise Tariff Amendment
(Ethanol and Biodiesel) Act 2015.
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
Incorporation of Tariff Proposals Schedule 1
Increase in fuel duty rates on 10 November 2014 Part 1
No. , 2015
Excise Tariff Amendment (Fuel Indexation) Bill 2015
3
Schedule 1
--Incorporation of Tariff Proposals
1
Part 1
--Increase in fuel duty rates on 10 November
2
2014
3
Excise Tariff Act 1921
4
1 Subsection 6G(1) (method statement, step 3)
5
Omit "$0.38143", substitute "$0.386".
6
2 Schedule (cell at table subitem
10.1, column headed "Rate
7
of Duty")
8
Repeal the cell, substitute:
9
$0.386 per litre
3 Schedule (cell at table subitem
10.2, column headed "Rate
10
of Duty")
11
Repeal the cell, substitute:
12
$0.386 per litre
4 Schedule (cell at table subitem
10.3, column headed "Rate
13
of Duty")
14
Repeal the cell, substitute:
15
$0.386 per litre
5 Schedule (cell at table subitem
10.5, column headed "Rate
16
of Duty")
17
Repeal the cell, substitute:
18
$0.386 per litre
6 Schedule (cell at table subitem
10.10, column headed "Rate
19
of Duty")
20
Repeal the cell, substitute:
21
$0.386 per litre
Schedule 1 Incorporation of Tariff Proposals
Part 1 Increase in fuel duty rates on 10 November 2014
4
Excise Tariff Amendment (Fuel Indexation) Bill 2015
No. , 2015
7 Schedule (cell at table subitem
10.15, column headed "Rate
1
of Duty")
2
Repeal the cell, substitute:
3
$0.386 per litre
8 Schedule (cell at table subitem
10.16, column headed "Rate
4
of Duty")
5
Repeal the cell, substitute:
6
$0.386 per litre
9 Schedule (cell at table subitem
10.18, column headed "Rate
7
of Duty")
8
Repeal the cell, substitute:
9
$0.386 per litre
10 Schedule (cell at table subitem 10.19A, column headed
10
"Rate of Duty")
11
Repeal the cell, substitute:
12
$0.101 per litre
11 Schedule (cell at table subitem 10.19B, column headed
13
"Rate of Duty")
14
Repeal the cell, substitute:
15
$0.212 per kilogram
12 Schedule (cell at table subitem 10.19C, column headed
16
"Rate of Duty")
17
Repeal the cell, substitute:
18
$0.212 per kilogram
13 Schedule (cell at table subitem 10.20, column headed
19
"Rate of Duty")
20
Repeal the cell, substitute:
21
$0.386 per litre
Incorporation of Tariff Proposals Schedule 1
Increase in fuel duty rates on 10 November 2014 Part 1
No. , 2015
Excise Tariff Amendment (Fuel Indexation) Bill 2015
5
14 Schedule (cell at table subitem 10.21, column headed
1
"Rate of Duty")
2
Repeal the cell, substitute:
3
$0.386 per litre
15 Schedule (cell at table subitem 10.25, column headed
4
"Rate of Duty")
5
Repeal the cell, substitute:
6
$0.386 per litre
16 Schedule (cell at table subitem 10.26, column headed
7
"Rate of Duty")
8
Repeal the cell, substitute:
9
$0.386 per litre
17 Schedule (cell at table subitem 10.27, column headed
10
"Rate of Duty")
11
Repeal the cell, substitute:
12
$0.386 per litre
18 Schedule (cell at table subitem 10.28, column headed
13
"Rate of Duty")
14
Repeal the cell, substitute:
15
$0.386 per litre
19 Application of amendments
16
The amendments made by this Part apply to goods manufactured or
17
produced in Australia on or after 10 November 2014 and to goods for
18
which all the following conditions are met:
19
(a) the goods were manufactured or produced in Australia before
20
10 November 2014;
21
(b) on 10 November 2014, the goods either were subject to the
22
CEO's control, or were in the stock, custody or possession of,
23
or belonged to, a manufacturer or producer of the goods;
24
(c) no duty of excise had been paid on the goods before
25
10 November 2014.
26
Schedule 1 Incorporation of Tariff Proposals
Part 2 Indexation
6
Excise Tariff Amendment (Fuel Indexation) Bill 2015
No. , 2015
Part 2
--Indexation
1
Excise Tariff Act 1921
2
20 Section 6A (heading)
3
Repeal the heading, substitute:
4
6A Indexation of CPI indexed rates
5
21 Subsection 6A(1)
6
Omit "each rate of duty set out in item 1, 2 or 3 of the Schedule (each
7
alcohol duty rate) is", substitute "each CPI indexed rate is".
8
22 Subsection 6A(1) (formula)
9
Repeal the formula, substitute:
10
CPI indexed rate
Indexation factor for
on the day before
the indexation day
the indexation day
11
23 Subsection 6A(1) (note)
12
Repeal the note, substitute:
13
Note:
For indexation factor see subsection (3). For CPI indexed rate and
14
indexation day see subsection (10).
15
24 Subsection 6A(2)
16
Omit "the alcohol duty rate", substitute "the CPI indexed rate".
17
25 Subsections 6A(5), (6), (8) and (9)
18
Omit "an alcohol duty rate", substitute "a CPI indexed rate".
19
26 Subsection 6A(10)
20
Insert:
21
CPI indexed rate means:
22
(a) a rate of duty set out in item 1, 2 or 3 of the Schedule; or
23
(b) a rate of duty set out in item 10 of the Schedule, other than
24
in:
25
Incorporation of Tariff Proposals Schedule 1
Indexation Part 2
No. , 2015
Excise Tariff Amendment (Fuel Indexation) Bill 2015
7
(i) subitem 10.6 or 10.17; or
1
(ii) subitem 10.7, 10.11, 10.12 or 10.30; or
2
(c) the rate set out in step 3 of the method statement in
3
subsection 6G(1) (about duty payable on blended goods).
4
27 After section 6A
5
Insert:
6
6AAA Rounding of fuel duty rates
7
(1) Despite subsection 6A(2), the amount to be worked out under
8
subsection 6A(1) in respect of an indexation day for a CPI indexed
9
rate covered by subsection (3) of this section is to be rounded to 3
10
decimal places (rounding up if the next decimal place is 5 or
11
more).
12
(2) For the purposes of section 6A, determine the CPI indexed rate on
13
the day before the indexation day as mentioned in subsection 6A(1)
14
on the assumptions that:
15
(a) the operation of subsection (1) of this section was
16
disregarded in respect of all previous indexation days (if
17
any); and
18
(b) subsection 6A(2) permitted amounts worked out under
19
subsection 6A(1) in respect of those indexation days to be
20
rounded to 5 decimal places (rounding up if the next decimal
21
place was 5 or more).
22
(3) This subsection covers the following CPI indexed rates:
23
(a) a rate of duty set out in item 10 of the Schedule, other than
24
in:
25
(i) subitem 10.6 or 10.17; or
26
(ii) subitem 10.7, 10.11, 10.12 or 10.30;
27
(b) the rate set out in step 3 of the method statement in
28
subsection 6G(1) (about duty payable on blended goods).
29
(4) In this section:
30
CPI indexed rate has the same meaning as in section 6A.
31
indexation day has the same meaning as in section 6A.
32
Schedule 1 Incorporation of Tariff Proposals
Part 2 Indexation
8
Excise Tariff Amendment (Fuel Indexation) Bill 2015
No. , 2015
28 Subsection 6G(1) (method statement, step 1)
1
After "would", insert ", at the time the duty on the blended goods is
2
payable,".
3
29 Subsection 6G(1) (method statement, at the end of step 3)
4
Add:
5
Note:
The rate set out in this step is indexed under section 6A.
6
30 Application of amendments
7
The amendments made by this Part apply to goods manufactured or
8
produced in Australia on or after 31 January 2015 and to goods for
9
which all the following conditions are met:
10
(a) the goods were manufactured or produced in Australia before
11
31 January 2015;
12
(b) on 31 January 2015, the goods either were subject to the
13
CEO's control, or were in the stock, custody or possession of,
14
or belonged to, a manufacturer or producer of the goods;
15
(c) no duty of excise had been paid on the goods before
16
31 January 2015.
17
Incorporation of Tariff Proposals Schedule 1
Consequential amendments to enacted changes to alternative fuels Part 3
No. , 2015
Excise Tariff Amendment (Fuel Indexation) Bill 2015
9
Part 3
--Consequential amendments to enacted
1
changes to alternative fuels
2
Excise Tariff Act 1921
3
31 After section 6E
4
Insert:
5
6FAA Change in duty rate of certain liquefied petroleum gases,
6
liquefied natural gases and compressed natural gases
7
(1) This Act has effect as if, on 1 July 2015:
8
(a) the rate of duty in subitem 10.19A of the Schedule is
9
replaced by:
10
(i) $0.126 per litre; or
11
(ii) if the indexed rate worked out under subsection (2) is
12
greater than $0.126 per litre--that indexed rate; and
13
(b) the rate of duty in subitem 10.19B of the Schedule is replaced
14
by:
15
(i) $0.2644 per kilogram; or
16
(ii) if the indexed rate worked out under subsection (2) is
17
greater than $0.2644 per kilogram--that indexed rate;
18
and
19
(c) the rate of duty in subitem 10.19C of the Schedule is replaced
20
by:
21
(i) $0.2644 per kilogram; or
22
(ii) if the indexed rate worked out under subsection (2) is
23
greater than $0.2644 per kilogram--that indexed rate.
24
(2) To work out the indexed rate, index the rate mentioned in
25
paragraph (1)(a), (b) or (c) (as applicable) on 1 February 2015
26
under section 6A, on the assumptions that:
27
(a) the rate is a CPI indexed rate for the purposes of that section;
28
and
29
(b) the amount of that rate on the day before 1 February 2015 is
30
the amount set out in subparagraph (1)(a)(i), (b)(i) or (c)(i)
31
(as applicable).
32
Schedule 1 Incorporation of Tariff Proposals
Part 3 Consequential amendments to enacted changes to alternative fuels
10
Excise Tariff Amendment (Fuel Indexation) Bill 2015
No. , 2015
32 Application of amendments
1
The amendments made by this Part apply to goods manufactured or
2
produced in Australia on or after 1 July 2015 and to goods for which all
3
the following conditions are met:
4
(a) the goods were manufactured or produced in Australia before
5
1 July 2015;
6
(b) on 1 July 2015, the goods either were subject to the CEO's
7
control, or were in the stock, custody or possession of, or
8
belonged to, a manufacturer or producer of the goods;
9
(c) no duty of excise had been paid on the goods before 1 July
10
2015.
11
Consequential amendments for ethanol and biodiesel Schedule 2
No. , 2015
Excise Tariff Amendment (Fuel Indexation) Bill 2015
11
Schedule 2
--Consequential amendments for
1
ethanol and biodiesel
2
3
Excise Tariff Act 1921
4
1 Subsection 6A(10) (subparagraph (b)(ii) of the definition of
5
CPI indexed rate)
6
Repeal the subparagraph, substitute:
7
(ii) subitem 10.7, 10.12, 10.20, 10.21 or 10.30; or
8
2 Subparagraph 6AAA(3)(a)(ii)
9
Repeal the subparagraph, substitute:
10
(ii) subitem 10.7, 10.12, 10.20, 10.21 or 10.30;
11
3 Subsection 6H(1) (at the end of the note)
12
Add "That rate is indexed under section 6A.".
13
4 Subsection 6J(1) (at the end of the note)
14
Add "That rate is indexed under section 6A.".
15