TAX LAWS AMENDMENT (2012 MEASURES NO. 5) BILL 2012

i Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012

Contents

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Schedule(s)

........................................................................................

Schedule 1--Conservation tillage refundable tax offset

Income Tax Assessment Act 1997

Schedule 2--Mature age worker tax offset

Income Tax Assessment Act 1997

Schedule 3--Compliance regime for gaseous fuels

Part 1--Main amendments

Excise Act 1901

Part 2--Consequential amendments

Fuel Tax Act 2006

Taxation Administration Act 1953

Schedule 4--Fuel blending exemptions

Excise Act 1901

Excise Tariff Act 1921

Schedule 5--Deductible gift recipients

Income Tax Assessment Act 1997

Schedule 6--Wine equalisation tax

Part 1--Producer rebates

A New Tax System (Wine Equalisation Tax) Act 1999

Part 2--Technical amendments

A New Tax System (Wine Equalisation Tax) Act 1999

Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012 1

A Bill for an Act to amend the law relating to

taxation, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Tax Laws Amendment (2012

Measures No. 5) Act 2012.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012

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. Schedules 1

and 2

The day this Act receives the Royal Assent.

3. Schedule 3

The later of:

(a) 1 December 2012; and

(b) the day after this Act receives the Royal

Assent.

4. Schedule 4,

item 1

A single day to be fixed by Proclamation.

However, if the provision(s) do not

commence within the period of 6 months

beginning on the day this Act receives the

Royal Assent, they commence on the day

after the end of that period.

5. Schedule 4,

item 2

The day this Act receives the Royal Assent.

6. Schedule 4,

items 3 to 6

At the same time as the provision(s) covered

by table item 4.

7. Schedules 5

and 6

The day this Act receives the Royal Assent.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

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.

Conservation tillage refundable tax offset Schedule 1

Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012 3

Schedule 1--Conservation tillage refundable

tax offset

Income Tax Assessment Act 1997

1 Section 385-235

After "comprising", insert "the tool, or".

2 Application of amendment

The amendment made by this Schedule applies to:

(a) the 2012-13 income year; and

(b) the 2013-14 income year; and

Schedule 2 Mature age worker tax offset

4 Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012

Schedule 2--Mature age worker tax offset

Income Tax Assessment Act 1997

1 Section 61-550

Omit "is aged 55 or over at the end of the income year and who has

worked during the", substitute "was born on or before 30 June 1957 and

who has worked during the current".

2 Section 61-555

Omit "aged 55 or over", substitute "born on or before 30 June 1957".

3 Section 61-560

Omit "is aged 55 or over at the end of the income year", substitute "was

born on or before 30 June 1957".

4 Application of amendments

The amendments made by this Schedule apply to assessments for the

2012-13 income year and later income years.

Compliance regime for gaseous fuels Schedule 3

Main amendments Part 1

Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012 5

Schedule 3--Compliance regime for gaseous

fuels

Part 1--Main amendments

Excise Act 1901

1 Subsection 4(1) (definition of apply)

Omit "an LPG remission", substitute "fuel tax relief".

2 Subsection 4(1)

Insert:

dutiable fuel use, in relation to gaseous fuel:

(a) means the use of gaseous fuel in a system for supplying fuel

to an internal combustion engine of either a motor vehicle or

a vessel, either directly or by filling another tank connected

to such an engine; but

(b) does not include such use of gaseous fuel in relation to the

internal combustion engine of a motor vehicle or vessel if:

(i) the gaseous fuel is LPG or liquefied natural gas, and the

motor vehicle or vessel is of a kind prescribed by the

regulations for the purposes of this subparagraph; or

(ii) the gaseous fuel is compressed natural gas that is

exempted from excise duty under section 77HA, and the

use is within the scope of the exemption from excise

duty under that section.

3 Subsection 4(1) (definition of excisable LPG use)

Repeal the definition.

4 Subsection 4(1)

Insert:

fuel tax relief in relation to gaseous fuel means:

(a) a remission or refund of excise duty that applies to gaseous

fuel under regulations made under section 78 on grounds

relating to whether the gaseous fuel is used, or intended for

Schedule 3 Compliance regime for gaseous fuels

Part 1 Main amendments

6 Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012

use, in an internal combustion engine of a motor vehicle or

vessel; or

(b) an exemption from excise duty that applies to gaseous fuel

under section 77HA or 77HB; or

regulations made under section 78 on grounds relating to the

gaseous fuel being exempt from excise duty under

section 77HA or 77HB; or

(d) a remission or refund of a duty of Customs that applies to

gaseous fuel under regulations made under section 163 of the

Customs Act 1901 on grounds relating to whether the gaseous

fuel is used, or intended for use, in an internal combustion

engine of a motor vehicle or vessel.

5 Subsection 4(1) (definition of LPG)

After "LPG", insert "(short for liquefied petroleum gas)".

6 Subsection 4(1) (definition of LPG remission)

Repeal the definition.

7 Subsection 4(5)

Repeal the subsection, substitute:

(5) To avoid doubt, fuel tax relief ceases to apply in relation to

gaseous fuel if:

(a) excise duty or a duty of Customs on the gaseous fuel is

subsequently paid (despite the fuel tax relief having

previously applied); and

(b) the duty paid is the amount that would have been payable on

the gaseous fuel had fuel tax relief not applied to the gaseous

fuel.

(6) To avoid doubt, a reference in this Act to a motor vehicle does not

include a vehicle that is designed:

(a) merely to move goods with a forklift; and

(b) primarily for use off public roads.

8 Before section 77G

Insert:

Compliance regime for gaseous fuels Schedule 3

Main amendments Part 1

Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012 7

Division 1--Fuel blending, exemptions and other matters

9 Paragraph 77HA(1)(c)

Repeal the paragraph, substitute:

that is of a kind prescribed by the regulations for the purposes

of this paragraph;

10 Section 77HB

Repeal the section, substitute:

77HB Liquefied petroleum gas and liquefied natural gas that is

exempt from excise duty

Liquefied petroleum gas or liquefied natural gas is exempt from

excise duty if the liquefied petroleum gas or liquefied natural gas

is:

(a) used by a licensed manufacturer, on premises specified in the

manufacturer licence, in the process of manufacturing any of

the following goods in accordance with the licence:

(i) petroleum condensate or stabilised crude petroleum oil;

(ii) liquefied petroleum gas, liquefied natural gas or other

hydrocarbons; and

(b) not used in an internal combustion engine.

11 Before section 77L

Insert:

Division 2--Gaseous fuel to which fuel tax relief applies

12 Section 77L (heading)

Repeal the heading, substitute:

77L Notice requirements for supplies of LPG to which fuel tax relief

applies

13 Subsections 77L(1) and (2)

Repeal the subsections, substitute:

Schedule 3 Compliance regime for gaseous fuels

Part 1 Main amendments

8 Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012

(1) A person (the supplier) must give a notice to a person if:

(a) the supplier sells or otherwise supplies LPG to the person;

and

(b) fuel tax relief applies to the LPG at the time of the sale or

supply; and

(i) the supplier holds a manufacturer licence or a storage

licence;

(ii) the supplier is a person specified in a permission under

section 61C in relation to LPG;

(iii) the LPG was imported into Australia and the supplier,

or someone on the supplier's behalf, entered the LPG

for home consumption (within the meaning of the

Customs Act 1901);

(iv) the supplier is a person to whom a permission has been

granted under section 69 of the Customs Act 1901 in

relation to LPG;

(v) if the supplier was supplied the LPG--the supplier was

given a notice under this section (including under a

previous application of this subparagraph) in respect of

that LPG;

(vi) if the supplier was supplied the LPG--the supplier was

not given a notice under this section in respect of that

LPG, but knew, or ought reasonably to have known, that

the supplier should have been given such a notice.

Note 1:

Fuel tax relief includes a remission or refund of a duty of Customs

(see subsection 4(1)).

Note 2:

The meaning of apply is affected by subsection 4(5).

14 After section 77L

Insert:

77LA Keeping records of transactions relating to gaseous fuels

(1) This section applies to a person (the record keeper) if:

(a) the record keeper sells or otherwise supplies gaseous fuel to

which fuel tax relief applies; or

(b) all of the following apply:

Compliance regime for gaseous fuels Schedule 3

Main amendments Part 1

Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012 9

(i) the record keeper acquires gaseous fuel in the course of

carrying on an enterprise (within the meaning of the A

New Tax System (Goods and Services Tax) Act 1999);

(ii) the gaseous fuel is supplied in or into a tank with a

capacity of more than 210 kilograms;

(iii) fuel tax relief applies to the gaseous fuel.

Note 1:

Fuel tax relief includes a remission or refund of a duty of Customs

(see subsection 4(1)).

Note 2:

The meaning of apply is affected by subsection 4(5).

Records of transactions

(2) The record keeper must:

(a) keep records that record and explain all transactions and

other acts engaged in by the record keeper in relation to the

following:

(i) selling or otherwise supplying gaseous fuel to which

fuel tax relief applies;

(ii) acquiring or using gaseous fuel to which fuel tax relief

applies; and

(b) keep records of any notices given or received under

section 77L; and

of the transactions or other acts to which they relate.

Note:

Officers may access premises to inspect records (see section 77LB).

Requirements of records

(3) The records must be:

(a) in English, or readily accessible and easily convertible into

English; and

(b) such as to enable a person to readily ascertain whether fuel

tax relief applied to gaseous fuel sold or otherwise supplied,

or acquired or used.

Production of records

(4) A record keeper must, on demand by an officer, produce the

records to the officer.

Schedule 3 Compliance regime for gaseous fuels

Part 1 Main amendments

10 Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012

Offence

(5) A person commits an offence if:

(a) the person is required to keep, retain or produce a record

under this section; and

(b) the person does not keep, retain or produce the record in

accordance with this section.

Penalty: 30 penalty units.

Note:

Section 288-25 in Schedule 1 to the Taxation Administration Act 1953

imposes an administrative penalty if a person does not keep or retain

records as required by this section.

(6) Subsection (5) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code.

Exceptions

(7) Subsection (5) does not apply if:

(a) the CEO notifies the person that the person does not need to

retain the record; or

(b) the person is a company that has been finally dissolved.

Note:

A defendant bears an evidential burden for the matters in

subsection (7).

(8) For the purposes of section 288-25 in Schedule 1 to the Taxation

Administration Act 1953, this section does not require a person to

retain a record if:

(a) the CEO notifies the person that the person does not need to

retain the record; or

(b) the person is a company that has been finally dissolved.

77LB Officers to have access to certain premises etc. for the

purposes of provisions relating to gaseous fuels

(1) This section applies in relation to land or premises occupied, or

documents, goods or other property possessed, by a person to

whom section 77LA applies.

(2) For the purposes of a provision of this Act that applies in relation

to gaseous fuels, an officer:

Compliance regime for gaseous fuels Schedule 3

Main amendments Part 1

Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012 11

(a) may at all reasonable times enter and remain on any land or

premises; and

(b) is entitled to full and free access at all reasonable times to

any documents, goods or other property; and

any documents; and

(d) may inspect, examine, count, measure, weigh, gauge, test or

analyse any goods or other property and, to that end, take

samples.

Note:

Section 288-35 in Schedule 1 to the Taxation Administration Act 1953

imposes an administrative penalty if a person prevents an officer

exercising powers under this section.

(3) An officer authorised by the CEO for the purposes of this section is

not entitled to enter or remain on any land or premises if, after

having been requested by the occupier to produce proof of his or

her authority, the officer does not produce an authority signed by

the CEO stating that the individual is authorised to exercise powers

under this section.

77LC Accounting for gaseous fuel to which fuel tax relief applies

(1) This section applies if:

(a) a person has, or has had, possession, custody or control of

gaseous fuel to which fuel tax relief applies or applied; and

(b) a Collector requests the person to account for the gaseous

fuel; and

following apply:

(i) the person still has possession, custody or control of the

gaseous fuel;

(ii) the person used the gaseous fuel other than for a

dutiable fuel use;

(iii) the person sold or otherwise supplied the gaseous fuel

for a use other than a dutiable fuel use;

(iv) if the person used, sold or otherwise supplied the

gaseous fuel for a dutiable fuel use, fuel tax relief did

not apply to the gaseous fuel at the time of the use or

supply.

Note 1:

Fuel tax relief includes a remission or refund of a duty of Customs

(see subsection 4(1)).

Schedule 3 Compliance regime for gaseous fuels

Part 1 Main amendments

12 Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012

Note 2:

The meaning of apply is affected by subsection 4(5).

(2) If the person satisfies the Collector:

(a) that one of subparagraphs (1)(c)(i) to (iv) applies in relation

to part of the gaseous fuel; and

(b) that one or more of the other of those subparagraphs apply in

relation to the remaining gaseous fuel;

then the person is taken to satisfy the Collector in relation to all of

the gaseous fuel.

(3) The person must, on demand in writing made by a Collector, pay to

the Commonwealth an amount equal to the amount of the duty

(whether excise duty or a duty of Customs or both) that would have

been payable on the gaseous fuel if:

(a) fuel tax relief had not applied to the gaseous fuel; and

(b) the gaseous fuel had been entered for home consumption

(within the meaning of this Act or the Customs Act 1901, as

applicable) on the day on which the Collector made the

demand.

Note:

For provisions about collection and recovery of the amount, see

Part 4-15 in Schedule 1 to the Taxation Administration Act 1953.

(4) A demand under subsection (3) is not a legislative instrument.

15 Section 77M

Repeal the section, substitute:

77M Amount payable for using gaseous fuel for dutiable fuel use

(1) This section applies if:

(a) a person possesses, or has custody or control of, gaseous fuel;

and

(b) the person uses the gaseous fuel for a dutiable fuel use; and

use.

Note 1:

Fuel tax relief includes a remission or refund of a duty of Customs

(see subsection 4(1)).

Note 2:

The meaning of apply is affected by subsection 4(5).

Note 3:

A person might commit an offence if the person sells gaseous fuel and

the gaseous fuel is used for a dutiable fuel use (see section 117BA), or

the person possesses gaseous fuel that is used for a dutiable fuel use

(see section 117BB).

Compliance regime for gaseous fuels Schedule 3

Main amendments Part 1

Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012 13

(2) The person must, on demand in writing made by a Collector, pay to

the Commonwealth an amount equal to 2 times the amount of the

duty (whether excise duty or a duty of Customs or both) that would

have been payable on the gaseous fuel if:

(a) fuel tax relief had not applied to the gaseous fuel; and

(b) the gaseous fuel had been entered for home consumption

(within the meaning of this Act or the Customs Act 1901, as

applicable) on the day on which the Collector made the

demand.

Note:

For provisions about collection and recovery of the amount, see

Part 4-15 in Schedule 1 to the Taxation Administration Act 1953.

(3) A demand under subsection (2) is not a legislative instrument.

77N Power to remit amount payable for using gaseous fuel for

dutiable fuel use

(1) The Collector may remit all or part of an amount payable under

subsection 77M(2).

(2) If the Collector decides in relation to an amount payable by a

person under subsection 77M(2):

(a) not to remit the amount; or

(b) to remit only part of the amount;

the Collector must give written notice of the decision and the

reasons for the decision to the person.

Note:

Section 25D of the Acts Interpretation Act 1901 sets out rules about

the contents of a statement of reasons.

77P Law relating to legal professional privilege not affected

Sections 77LA and 77LB do not affect the law relating to legal

professional privilege.

16 Section 117BA

Repeal the section, substitute:

117BA Unlawfully supplying gaseous fuel that is used for a dutiable

fuel use

A person commits an offence if:

Schedule 3 Compliance regime for gaseous fuels

Part 1 Main amendments

14 Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012

(a) the person intentionally sells or otherwise supplies gaseous

fuel; and

(b) the person knows that, or is reckless as to whether, the

gaseous fuel will be used for a dutiable fuel use; and

(d) fuel tax relief applies to the gaseous fuel at the time of use.

Penalty: 2 years imprisonment or the greater of:

(a) 500 penalty units; and

(b) 5 times the amount of duty (whether excise duty or a duty of

Customs or both) that would be payable if:

(i) fuel tax relief had not applied to the gaseous fuel; and

(ii) the gaseous fuel had been entered for home

consumption (within the meaning of this Act or the

Customs Act 1901, as applicable) on the penalty day.

Note 1:

Fuel tax relief includes a remission or refund of a duty of Customs

(see subsection 4(1)).

Note 2:

The meaning of apply is affected by subsection 4(5).

117BB Unlawfully possessing gaseous fuel that is used for a dutiable

fuel use

A person commits an offence if:

(a) the person possesses, or has custody or control of, gaseous

fuel in the course of carrying on an enterprise (within the

meaning of the A New Tax System (Goods and Services Tax)

Act 1999); and

(b) the person knows that, or is reckless as to whether:

(i) the gaseous fuel will be used for a dutiable fuel use; and

(ii) fuel tax relief applies to the gaseous fuel, or will apply

to the gaseous fuel at the time of use; and

gaseous fuel, it is used for a dutiable fuel use; and

(d) fuel tax relief applies to the gaseous fuel at the time of use.

Penalty: The greater of:

(a) 500 penalty units; and

(b) 5 times the amount of duty (whether excise duty or a duty of

Customs or both) that would be payable if:

(i) fuel tax relief had not applied to the gaseous fuel; and

Compliance regime for gaseous fuels Schedule 3

Main amendments Part 1

Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012 15

(ii) the gaseous fuel had been entered for home

consumption (within the meaning of this Act or the

Customs Act 1901, as applicable) on the penalty day.

Note 1:

Fuel tax relief includes a remission or refund of a duty of Customs

(see subsection 4(1)).

Note 2:

The meaning of apply is affected by subsection 4(5).

17 Paragraph 162C(1)(c)

Omit "or 77M", substitute ", 77LC or 77M".

18 After paragraph 162C(1)(c)

Insert:

(ca) a decision of the Collector not to remit, or to remit only a part

of, an amount under section 77N;

19 Application of amendments

The amendments of the Excise Act 1901 made by this Part apply in

relation to gaseous fuel sold or supplied after this item commences.

Schedule 3 Compliance regime for gaseous fuels

Part 2 Consequential amendments

16 Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012

Part 2--Consequential amendments

Fuel Tax Act 2006

20 Subsection 41-10(4)

Repeal the subsection, substitute:

(4) Paragraph (3)(c) does not apply to a

motor vehicle or vessel that is

of a kind prescribed by the regulations for the purposes of this

subsection.

Taxation Administration Act 1953

21 Subsection 250-10(2) in Schedule 1 (table item 24CA)

Repeal the item, substitute:

24CA accounting

for

gaseous

fuel to which fuel tax

relief applies

77LC

Excise Act 1901

24CB

amount payable for

using gaseous fuel for

dutiable fuel use

77M

Excise Act 1901

Fuel blending exemptions Schedule 4

Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012 17

Schedule 4--Fuel blending exemptions

Excise Act 1901

1 Subsections 77H(2A) and (2B)

Repeal the subsections.

2 At the end of subsection 77H(4)

Add:

Note:

This power is a general one and the circumstances the CEO may

specify for the purposes of subsection (3) are not limited to blending

small amounts of eligible goods or incidental blending.

3 Subsection 77H(5) (heading)

Repeal the heading, substitute:

Definition

4 Subsection 77H(5) (at the end of the definition of eligible

goods)

Add:

Note:

To avoid doubt, this definition includes imported goods (which may

be subject to duties of Customs) that are covered by a paragraph

mentioned in the definition.

5 Subsection 77H(5) (definition of relevant fuel)

Repeal the definition.

Excise Tariff Act 1921

6 Schedule (paragraph (g) of the cell at table item 10, column

headed "Description of goods")

Omit ", (2A), (2B)".

Schedule 5 Deductible gift recipients

18 Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012

Schedule 5--Deductible gift recipients

Income Tax Assessment Act 1997

1 Subsection 30-80(2) (after table item 9.2.1)

Insert:

9.2.2

The Diamond Jubilee Trust Australia

the gift must be made

after 31 October 2012

and before 1 July 2015

2 Section 30-315 (after table item 44)

Insert:

44AAAA

Diamond Jubilee Trust Australia

item 9.2.2

Wine equalisation tax Schedule 6

Producer rebates Part 1

Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012 19

Schedule 6--Wine equalisation tax

Part 1--Producer rebates

A New Tax System (Wine Equalisation Tax) Act 1999

1 After section 19-15

Insert:

19-17 Earlier producer rebates

(1) Despite section 19-15, if any of the wine was

manufactured using

other wine, the amount of the

producer rebates to which you

would be entitled under that section is reduced by the sum of the

amounts of any

earlier producer rebates relating to the wine.

(2)

earlier producer rebate relating to wine is:

(a) if you are notified under subsection (3) of the amount of the

producer's

producer rebate for other wine that was used to

manufacture the wine--so much of that producer rebate as

relates to the amount of the other wine so used; or

(b) if you are not notified under subsection (3) in relation to

other wine that was used to

manufacture the wine--an

amount equal to what would have been so much of the

producer's producer rebate for the other wine as relates to the

amount of the other wine so used if:

(i) the producer had been entitled to a producer rebate for a

wholesale sale of the other wine to you; and

(ii) subsections 19-15(2) and (3) and this section did not

affect the amount of that producer rebate.

There is no earlier producer rebate in relation to other wine that

was used to manufacture the wine if you are notified under

subsection (3) that the producer of the other wine is not entitled to

a producer rebate for the other wine.

Example: Winemaker A makes a wholesale sale of 100 litres of wine that it has

manufactured to Winemaker B for $200. Winemaker B uses that wine

to manufacture 100 litres of wine and then sells 30 litres to a

distributor for $100.

Schedule 6 Wine equalisation tax

Part 1 Producer rebates

20 Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012

Winemaker A has a rebate of $58 (assuming that it is not reduced

because of an earlier producer rebate, and that Winemaker A has not

already had the maximum rebate).

Winemaker B's rebate for the $100 sale of 30 litres to the distributor

would be $29. However, Winemaker A's earlier producer rebate

reduces Winemaker B's rebate for the 30 litres by $17.40 (30/100 x

$58). Winemaker B's rebate is therefore $11.60. (It does not matter

whether Winemaker A notifies Winemaker B of the earlier producer

rebate.)

If Winemaker A had not been entitled to any producer rebate, and

Winemaker B had been notified accordingly, Winemaker B's rebate

for the $100 sale would have been $29.

(3)

The

producer of the other wine, or (if the producer did not

supply

the other wine to you) the supplier of the other wine, may notify

you, in the

approved form, that:

(a) the producer is entitled to a

producer rebate of a specified

amount for the other wine; or

(b) the producer is not entitled to a producer rebate for the other

wine.

(4)

the

supply of other wine includes wine of 2 or more types of

wine, subsection (3) applies as if there were separate supplies for

each type of wine.

(5) For the purposes of subsection (2), if the only reason why an entity

is not, or would not be, entitled to a

producer rebate for other wine

is that paragraph 19-5(2)(c) has not yet been complied with:

(a) the entity is taken to be entitled to the rebate for the other

wine; and

(b) the amount of that rebate is taken to be an amount equal to

29% of the approved selling price for the other wine.

2 After section 19-25

Insert:

19-28 Obligations relating to certain wholesale sales

(1) A person commits an offence if:

(a) the person gives a notice under subsection 19-17(3), or a

notice that purports to be a notice under subsection 19-17(3);

and

(b) the notice contains a statement that:

Wine equalisation tax Schedule 6

Producer rebates Part 1

Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012 21

(i) is false or misleading in a material particular; or

(ii) omits any matter or thing without which the statement is

false or misleading in a material particular.

Penalty: 20 penalty units.

Note 1:

Chapter 2 of the Criminal Code sets out the general principles of

criminal responsibility.

Note 2:

See section 4AA of the Crimes Act 1914 for the current value of a

penalty unit.

(2) Subsection (1) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code.

3 Section 33-1

Insert:

earlier producer rebate has the meaning given by section 19-17.

4 Application of amendments

(1)

The amendments made by this Part apply in relation to assessable

dealings on or after the day (the application day) that is the later of:

(a) 1 December 2012; or

(b) the day on which this Act receives the Royal Assent.

(2)

If the wine to which such an assessable dealing relates was

manufactured using other wine that was supplied before the application

day, the A New Tax System (Wine Equalisation Tax) Act 1999 as

amended by this Part applies in relation to the assessable dealing as if:

(a) you have been notified, under subsection 19-17(3) of that Act

as so amended, that the producer of the other wine is not

entitled to a producer rebate for the other wine; and

(b) section 19-28 of that Act as so amended did not apply in

relation to that notice.

Schedule 6 Wine equalisation tax

Part 2 Technical amendments

22 Tax Laws Amendment (2012 Measures No. 5) Bill 2012 No. , 2012

Part 2--Technical amendments

A New Tax System (Wine Equalisation Tax) Act 1999

5 Subsection 13-15(4)

Omit "are guilty of", substitute "commit".

6 Subsection 13-15(4) (penalty)

Omit "Maximum penalty", substitute "Penalty".

7 Section 13-35 (penalty)

Omit "Maximum penalty", substitute "Penalty".

8 Section 19-30

Omit "is guilty of", substitute "commits".

9 Section 19-30 (penalty)

Omit "Maximum penalty", substitute "Penalty".

10 Subsection 27-5(2)

Omit "are guilty of", substitute "commit".

11 Subsection 27-5(2) (penalty)

Omit "Maximum penalty", substitute "Penalty".

Commonwealth of Australia Bills

TAX LAWS AMENDMENT (2012 MEASURES NO. 5) BILL 2012