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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Excise
Tariff Amendment Bill (No. 1) 2002
No.
, 2002
(Treasury)
A
Bill for an Act to amend the Excise Tariff Act 1921, and for related
purposes
Contents
Part 1—Amendments having effect on and from 25 October
2001 3
Part 2—Amendments having effect on and from 15 April
2002 4
Part 3—Amendment having effect on and from 1 July
2002 6
Part 4—Amendment having effect on and from the day on which this
Act receives the Royal
Assent 8
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. 1)
2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
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 on which this Act receives the Royal Assent |
|
|
2. Schedule 1, Part 1 |
25 October 2001 |
|
|
3. Schedule 1, Part 2 |
15 April 2002 |
|
|
4. Schedule 1, Part 3 |
1 July 2002 |
|
|
The day on which this Act receives the Royal Assent |
|
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
Part 1—Amendments
having effect on and from 25 October 2001
1 Subsection 6G(1)
Omit “referred to in subsection (2)”, substitute
“referred to in subsection (2) or (3)”.
2 Subsection 6G(1A)
Omit “For the purposes of subsection (1),”, substitute
“For the purposes of subsections (1) and (3),”.
3 After subsection 6G(2)
Insert:
(3) Duty payable under this Act on an excisable blended petroleum product
comprising an emulsified blend of:
(a) diesel classified to item 11 of the Schedule as diesel other than
recycled product; and
(b) water that is added to produce the emulsified blend; and
(c) any additive other than water in the emulsified blend including, but
not limited to, an additive to assist the process of emulsification;
is worked out using the formula:![]()
where:
volume of additives means the volume of additives (if any) other
than water in the excisable blended petroleum product.
volume of diesel means the volume of diesel in the excisable blended
petroleum product.
Part 2—Amendments
having effect on and from 15 April 2002
4 Subsection 3(1)
Insert:
exempt oils and hydraulic fluids means goods described in
subsection (6).
5 At the end of
section 3
Add:
(6) Exempt oils and hydraulic fluids are:
(a) food grade white mineral oil that complies with:
(i) Sec. 21 CFR 172.878 of Title 21, Volume 1 of the United States Code of
Federal Regulations (regulations made by the Food and Drug Administration of the
United States); and
(ii) Sec. 21 CFR 178.3620 (a) of Title 21, Volume 1 of the United States
Code of Federal Regulations (regulations made by the Food and Drug
Administration of the United States); and
(b) polyglycol brake fluids that meet the requirements of Australian
Standard AS/NZS 1960.1:1995 Motor vehicle brake fluids—Non-petroleum
type; and
(c) aromatic process oils that meet all of the criteria in the following
table:
|
Column 1 Property |
Column 2 Test Method |
Column 3 Value |
|---|---|---|
|
Density at 15°C |
ATSM D1298 or D4502 |
0.9gm/cm3 minimum |
|
Aniline point |
ASTM D611 |
70°C maximum |
|
Refractive index at 20°C |
ASTM D1298 or D1747 |
1.490 minimum |
|
Pour point |
ASTM D97 |
-9°C minimum |
|
Viscosity index |
ASTM D2270 |
80 maximum |
6 Schedule (item 15)
Omit:
|
|
Goods as follows, other than goods for use as a fuel: |
|
Substitute:
|
|
Goods as follows, other than goods for use as a fuel, or exempt oils and
hydraulic fluids described in subsection 3(6): |
|
Part 3—Amendment
having effect on and from 1 July 2002
7 Schedule (subitem 1(C))
Omit the subitem, substitute:
|
(C) |
Other Beer |
|
|
|
(1) packaged in an individual container not exceeding 48 litres |
|
|
|
(a) not exceeding 3% by volume of alcohol |
$28.49 per litre of alcohol calculated on that alcohol content by which the
percentage by volume of alcohol of the goods exceeds 1.15 |
|
|
(b) exceeding 3% but not exceeding 3.5% by volume of alcohol |
$33.22 per litre of alcohol calculated on that alcohol content by which the
percentage by volume of alcohol of the goods exceeds 1.15 |
|
|
(c) exceeding 3.5% by volume of alcohol |
$33.22 per litre of alcohol calculated on that alcohol content by which the
percentage by volume of alcohol of the goods exceeds 1.15 |
|
|
(2) packaged in an individual container exceeding 48 litres |
|
|
|
(a) not exceeding 3% by volume of alcohol |
$5.69 per litre of alcohol calculated on that alcohol content by which the
percentage by volume of alcohol of the goods exceeds 1.15 |
|
|
(b) exceeding 3% but not exceeding 3.5% by volume of alcohol |
$17.87 per litre of alcohol calculated on that alcohol content by which the
percentage by volume of alcohol of the goods exceeds 1.15 |
|
|
(c) exceeding 3.5% by volume of alcohol |
$23.39 per litre of alcohol calculated on that alcohol content by which the
percentage by volume of alcohol of the goods exceeds 1.15 |
Part 4—Amendment
having effect on and from the day on which this Act receives the Royal
Assent
8 After subsection 6A(1A)
Insert:
(1B) For the indexation period that commences on 1 February 2003 and
any subsequent indexation period, this section does not apply to:
(a) a rate of duty specified in item 15 of the Schedule; or
(b) an excise tariff alteration that proposes to alter a rate specified in
item 15 of the Schedule.