Commonwealth Consolidated ActsAct No. 26 of 1921 as amended
This compilation was prepared on 25 September 2009
taking into account amendments up to Act No. 88 of 2009
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of
amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney‑General's Department, Canberra
Contents
1............ Short title [see Note 1] ....................................................................... 1
1A......... General administration of Act ............................................................ 1
2............ Certain Acts to be read as one with this Act ...................................... 1
3............ Definitions .......................................................................................... 1
3A......... Ministerial guidelines relating to fields ............................................... 8
4............ Time of imposition of Duties of Excise .............................................. 8
5............ Duties of Excise .................................................................................. 8
5B......... Petroleum .......................................................................................... 10
6A......... Indexation of rates of duty ............................................................... 11
6AB...... Applicable petroleum prices ............................................................ 14
6AC...... Application of section 6B, 6C, 6CA or 6D to different oil producing regions 15
6B......... Duties of excise on old oil ................................................................. 15
6C......... Duties of excise on new oil ............................................................... 21
6CA...... Duties of excise on condensate ......................................................... 27
6D......... Duties of excise on intermediate oil .................................................. 34
6E.......... Delayed‑entry oil rate ....................................................................... 40
6G......... Duty payable on blended goods ....................................................... 41
The Schedule 43
Notes 53
An Act relating to Duties of Excise
Notes to
the
Excise Tariff Act 1921 Note 1 The Excise Tariff Act 1921 as
shown in this compilation comprises Act No. 26, 1921 amended as indicated
in the Tables below. All relevant information
pertaining to application, saving or transitional provisions prior to 19 September 1997 is not included in this compilation. For subsequent information see
Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
Excise Tariff 1921 |
26, 1921 |
16 Dec 1921 |
25 Mar 1920 |
|
|
Excise Tariff 1924 |
28, 1924 |
26 Sept 1924 |
1 Jan 1925 |
S. 4 |
|
Excise Tariff 1926 |
28, 1926 |
21 July 1926 |
21 July 1926 |
Ss. 3 and 4 |
|
Excise Tariff 1928 |
4, 1928 |
31 Mar 1928 |
31 Mar 1928 (a) |
S. 3 |
|
|
|
|
|
Ss. 4 and 5 (rep. by 80, 1950, s. 3) |
|
as amended by |
|
|
|
|
|
Statute Law Revision Act 1950 |
80, 1950 |
16 Dec 1950 |
31 Dec 1950 |
S. 16 |
|
Excise Tariff 1933 |
20, 1933 |
21 Nov 1933 |
26 Feb 1932 (a) |
Ss. 3 and 4 |
|
as amended by |
|
|
|
|
|
Statute Law Revision Act 1950 |
80, 1950 |
16 Dec 1950 |
31 Dec 1950 |
S. 16 |
|
Excise Tariff (No. 2) 1933 |
21, 1933 |
21 Nov 1933 |
5 Oct 1933 (a) |
Ss. 3 and 4 |
|
as amended by |
|
|
|
|
|
Statute Law Revision Act 1950 |
80, 1950 |
16 Dec 1950 |
31 Dec 1950 |
S. 16 |
|
Excise Tariff 1936 |
17, 1936 |
27 May 1936 |
29 Nov 1935 (a) |
Ss. 3 and 4 |
|
as amended by |
|
|
|
|
|
Statute Law Revision Act 1950 |
80, 1950 |
16 Dec 1950 |
31 Dec 1950 |
S. 16 |
|
Excise Tariff 1938 |
24, 1938 |
5 July 1938 |
1 Jan 1938 (a) |
Ss. 3 and 4 |
|
Excise Tariff (No. 2) 1938 |
70, 1938 |
10 Dec 1938 |
22 Sept 1938 (a) |
Ss. 3 and 4 |
|
Excise Tariff 1939 |
29, 1939 |
26 Sept 1939 |
5 May 1938 (a) |
Ss. 3 and 4 |
|
Excise Tariff (No. 2) 1939 |
54, 1939 |
15 Dec 1939 |
9 Sept 1938 (a) |
Ss. 3 and 4 |
|
Excise Tariff (No. 3) 1939 |
65, 1939 |
15 Dec 1939 |
1 Dec 1939 (a) |
Ss. 3 and 4 |
|
Excise Tariff 1948 |
3, 1948 |
27 Apr 1948 |
15 Nov 1946 (a) |
Ss. 3 and 4 |
|
Excise Tariff (No. 2) 1948 |
4, 1948 |
27 Apr 1948 |
5 June 1947 (a) |
Ss. 3 and 4 |
|
Excise Tariff (No. 3) 1948 |
14, 1948 |
27 Apr 1948 |
19 Feb 1948 (a) |
Ss. 3 and 4 |
|
Excise Tariff (No. 4) 1948 |
93, 1948 |
21 Dec 1948 |
9 Sept 1948 (a) |
Ss. 3-5 |
|
Excise Tariff 1949 |
77, 1949 |
28 Oct 1949 |
8 Sept 1949 (a) |
Ss. 3 and 4 |
|
Excise Tariff (No. 2) 1949 |
82, 1949 |
28 Oct 1949 |
1 Nov 1949 (a) |
Ss. 4 and 5 |
|
Excise Tariff 1950 |
61, 1950 |
14 Dec 1950 |
1 July 1950 (a) |
Ss. 3 and 4 |
|
Excise Tariff (No. 2) 1950 |
62, 1950 |
14 Dec 1950 |
6 Dec 1950 (a) |
Ss. 3-5 |
|
Statute Law Revision Act 1950 |
80, 1950 |
16 Dec 1950 |
31 Dec 1950 |
S. 16 |
|
Excise Tariff 1952 |
83, 1952 |
6 Nov 1952 |
26 Sept 1952 (a) |
Ss. 3 and 4 |
|
Excise Tariff 1953 |
78, 1953 |
10 Dec 1953 |
25 Nov 1953 (a) |
Ss. 3 and 4 |
|
Excise Tariff 1956 |
16, 1956 |
12 May 1956 |
15 Mar 1956 (a) |
Ss. 3 and 4 |
|
Excise Tariff (No. 2) 1956 |
59, 1956 |
13 Sept 1956 |
17 May 1956 (a) |
Ss. 3 and 4 |
|
Excise Tariff (No. 3) 1956 |
87, 1956 |
8 Nov 1956 |
31 Aug 1956 (a) |
Ss. 3 and 4 |
|
Excise Tariff 1957 |
82, 1957 |
12 Dec 1957 |
4 Sept 1957 (a) |
Ss. 3 and 4 |
|
Excise Tariff 1958 |
19, 1958 |
21 May 1958 |
21 Mar 1958 (a) |
Ss. 3 and 4 |
|
Excise Tariff 1959 |
26, 1959 |
29 Apr 1959 |
20 Mar 1959 (a) |
Ss. 3 and 4 |
|
Excise Tariff (No. 2) 1959 |
65, 1959 |
12 Nov 1959 |
1 Sept 1959 (a) |
Ss. 3 and 4 |
|
Excise Tariff (No. 3) 1959 |
66, 1959 |
12 Nov 1959 |
9 Oct 1959 (a) |
Ss. 3 and 4 |
|
Excise Tariff 1960 |
26, 1960 |
26 May 1960 |
29 Apr 1960 (a) |
Ss. 3 and 4 |
|
Excise Tariff (No. 2) 1960 |
57, 1960 |
19 Nov 1960 |
17 Aug 1960 (a) |
Ss. 3 and 4 |
|
Excise Tariff 1961 |
21, 1961 |
19 May 1961 |
1 June 1961 |
S. 4 |
|
Excise Tariff (No. 2) 1961 |
55, 1961 |
24 Oct 1961 |
16 Aug 1961 |
S. 4 |
|
Excise Tariff 1962 |
73, 1962 |
3 Dec 1962 |
8 Nov 1962 |
S. 4 |
|
Excise Tariff 1963 |
41, 1963 |
20 Sept 1963 |
17 May 1963 |
S. 4 |
|
Excise Tariff (No. 2) 1963 |
91, 1963 |
31 Oct 1963 |
30 Oct 1963 |
S. 5 |
|
Excise Tariff 1964 |
125, 1964 |
24 Nov 1964 |
12 Aug 1964 |
S. 4 |
|
Excise Tariff 1965 |
83, 1965 |
30 Nov 1965 |
18 Aug 1965 |
S. 4 |
|
Excise Tariff (No. 2) 1965 |
140, 1965 |
18 Dec 1965 |
14 Feb 1966 |
S. 4 |
|
Excise Tariff 1967 |
18, 1967 |
12 May 1967 |
12 May 1967 |
S. 5 |
|
Excise Tariff (No. 2) 1967 |
82, 1967 |
8 Nov 1967 |
Ss. 1 and 2: Royal Assent |
S. 4 |
|
Excise Tariff 1968 |
74, 1968 |
31 Oct 1968 |
S. 3: 1 Jan 1968 |
Ss. 3(2) and 4(2) |
|
Excise Tariff (No. 2) 1968 |
75, 1968 |
31 Oct 1968 |
1 Nov 1968 |
S. 4 |
|
Excise Tariff 1969 |
5, 1969 |
8 Apr 1969 |
8 Apr 1969 |
Ss. 3(2) and 4 |
|
Excise Tariff (No. 2) 1969 |
33, 1969 |
9 June 1969 |
Ss. 1 and 2: Royal Assent |
S. 4 |
|
Excise Tariff 1970 |
81, 1970 |
26 Oct 1970 |
19 Aug 1970 |
S. 4 |
|
Excise Tariff 1971 |
108, 1971 |
6 Dec 1971 |
18 Aug 1971 |
S. 4 |
|
Excise Tariff 1972 |
22, 1972 |
17 May 1972 |
1 July 1972 |
S. 4 |
|
Excise Tariff (No. 2) 1972 |
64, 1972 |
31 Aug 1972 |
31 Aug 1972 |
S. 5 |
|
Excise Tariff (No. 3) 1972 |
119, 1972 |
2 Nov 1972 |
S. 3: 31 Aug 1972 |
S. 5 |
|
Excise Tariff 1973 |
20, 1973 |
18 Apr 1973 |
18 Apr 1973 |
S. 4 |
|
Excise Tariff (No. 2) 1973 |
23, 1973 |
18 Apr 1973 |
18 Apr 1973 |
S. 4 |
|
Excise Tariff (No. 3) 1973 |
146, 1973 |
22 Nov 1973 |
21 Aug 1973 (a) |
S. 4 |
|
Statute Law Revision Act 1973 |
216, 1973 |
19 Dec 1973 |
31 Dec 1973 |
Ss. 9(1) and 10 |
|
Excise Tariff 1974 |
121, 1974 |
3 Dec 1974 |
S. 4: 17 Sept 1974 (a) |
Ss. 3(2) and 4(2) |
|
Excise Tariff 1975 |
104, 1975 |
7 Oct 1975 |
19 Aug 1975 (a) |
S. 4 |
|
104, 1977 |
13 Oct 1977 |
S. 4: 1 July 1977 (a) |
Ss. 4(2) and 5(2) |
|
|
136, 1977 |
10 Nov 1977 |
17 Aug 1977 (a) |
S. 3(2) |
|
|
48, 1978 |
12 June 1978 |
18 Nov 1977 (a) |
S. 3(2) |
|
|
184, 1978 |
4 Dec 1978 |
S. 4: 16 Aug 1978 (a) |
Ss. 3(2) and 4(2) |
|
|
81, 1979 |
25 June 1979 |
S. 4: 1 Jan 1979 |
S. 6 |
|
|
83, 1979 |
25 June 1979 |
3 May 1979 |
S. 3(2) |
|
|
164, 1979 |
29 Nov 1979 |
1 Jan 1980 |
-- |
|
|
43, 1980 |
23 May 1980 |
S. 4: 22 Aug 1979 |
S. 6 |
|
|
44, 1980 |
23 May 1980 |
23 May 1980 |
S. 3(2) |
|
|
45, 1980 |
23 May 1980 |
1 Jan 1980 |
S. 3(2) |
|
|
122, 1980 |
17 Sept 1980 |
18 Apr 1980 |
S. 3(2) |
|
|
50, 1981 |
25 May 1981 |
S. 4: 1 Jan 1981 |
S. 6 |
|
|
24, 1982 |
6 May 1982 |
1 Apr 1982 |
S. 3(2) |
|
|
45, 1982 |
9 June 1982 |
S. 3: 1 July 1981 |
Ss. 3(2) and 4(2) |
|
|
Excise Tariff Amendment (Off‑shore Installations) Act 1982 |
54, 1982 |
16 June 1982 |
14 July 1982 (see s. 2) |
-- |
|
80, 1982 |
22 Sept 1982 |
Part XXXIII (ss. 101, 102): 20 Oct 1982 (b) |
-- |
|
|
27, 1983 |
19 June 1983 |
S. 3: 1 July 1982 |
Ss. 3(2), 4(2), 5(2) and 6(2) |
|
|
99, 1983 |
23 Nov 1983 |
Ss. 4, 5 and 8: 1 July 1983 |
-- |
|
|
53, 1984 |
25 June 1984 |
S. 5: 1 Jan 1984 |
-- |
|
|
72, 1984 |
25 June 1984 |
S. 3: 23 July 1984 (c) |
S. 5(4) and (5) |
|
|
as amended by |
|
|
|
|
|
65, 1985 |
5 June 1985 |
S. 3: 25 June 1985 (d) |
-- |
|
|
131, 1984 |
25 Oct 1984 |
Ss. 3, 4(2), 6(2), 7 and 9: 1 July 1984 |
-- |
|
|
as amended by |
|
|
|
|
|
41, 1985 |
30 May 1985 |
(see 41, 1985 below) |
-- |
|
|
Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985 |
39, 1985 |
29 May 1985 |
10 June 1985 (see s. 2 and Gazette 1985, No. S194) |
S. 4 |
|
41, 1985 |
30 May 1985 |
Ss. 3, 4(1), 5, 8 and 11: 23 Oct 1984 |
-- |
|
|
189, 1985 |
16 Dec 1985 |
Ss. 3, 4 and 7-9: 3 Mar 1986 (see |
S. 9 |
|
|
Customs Administration (Transitional Provisions and Consequential Amendments) Act 1986 |
10, 1986 |
13 May 1986 |
13 May 1986 |
Ss. 2(2) and 4 |
|
20, 1986 |
13 May 1986 |
S. 3: 23 May 1985 |
-- |
|
|
as amended by |
|
|
|
|
|
160, 1986 |
18 Dec 1986 |
(see 160, 1986 below) |
-- |
|
|
160, 1986 |
18 Dec 1986 |
S. 6: 23 May 1985 |
-- |
|
|
53, 1987 |
5 June 1987 |
S. 3: 1 Aug 1986 |
-- |
|
|
76, 1987 |
5 June 1987 |
1 Jan 1988 (see |
-- |
|
|
104, 1987 |
6 Nov 1987 |
Parts I-V (ss. 1-30) and Part VIII (s. 57): 15 Oct 1987 |
-- |
|
|
Petroleum Resource Rent Tax (Miscellaneous Provisions) Act 1987 |
145, 1987 |
18 Dec 1987 |
15 Jan 1988 (see s. 2) |
-- |
|
150, 1987 |
26 Dec 1987 |
Ss. 3, 4(d), 7, 8(2) and 9-12: 1 Jan 1988 |
-- |
|
|
29, 1988 |
11 May 1988 |
S. 3: 1 Oct 1987 |
-- |
|
|
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 |
99, 1988 |
2 Dec 1988 |
2 Dec 1988 |
-- |
|
149, 1988 |
26 Dec 1988 |
S. 3: 1 Apr 1988 |
-- |
|
|
77, 1989 |
21 June 1989 |
S. 3: 1 July 1989 |
-- |
|
|
177, 1989 |
24 Dec 1989 |
S. 3: 1 July 1989 |
-- |
|
|
112, 1990 |
21 Dec 1990 |
S. 3(a) and (d): 1 July 1984 |
S. 10 |
|
|
80, 1991 |
26 June 1991 |
1 July 1991 |
Ss. 32 and 37 |
|
|
186, 1991 |
6 Dec 1991 |
S. 3: 1 July 1991 |
-- |
|
|
65, 1992 |
26 June 1992 |
Part 2 (s. 3): 1 July 1992 |
S. 2 (am. by 91, 1997, Sch. 1 (item 19)) |
|
|
as amended by |
|
|
|
|
|
Industry, Science and Tourism Legislation Amendment Act 1997 |
91, 1997 |
30 June 1997 |
Schedule 1 (items 19, 20): (e) |
-- |
|
9, 1993 |
27 May 1993 |
S. 5: 7 May 1992 |
-- |
|
|
56, 1993 |
27 Oct 1993 |
S. 3: 18 Aug 1993 |
-- |
|
|
115, 1993 |
24 Dec 1993 |
Ss. 3-5, 6(a), (b), (f)-(h) and (j): 1 Apr 1994 |
S. 2 (am. by 134, 1994, s. 8) |
|
|
as amended by |
|
|
|
|
|
134, 1994 |
1 Nov 1994 |
(see 134, 1994 below) |
-- |
|
|
62, 1994 |
19 May 1994 |
S. 3: 1 July 1993 |
-- |
|
|
134, 1994 |
1 Nov 1994 |
Ss. 4-6: 1 Jan 1994 |
-- |
|
|
9, 1995 |
15 Mar 1995 |
Ss. 3 and 5: 11 May 1994 |
-- |
|
|
85, 1995 |
1 July 1995 |
Ss. 11 (items 74-76) and 18: Royal Assent (f) |
S. 18 |
|
|
162, 1995 |
16 Dec 1995 |
S. 3: 1 Apr 1994 |
-- |
|
|
5, 1996 |
6 June 1996 |
Schedule 1 (item 2): 1 July 1983 |
-- |
|
|
15, 1996 |
24 June 1996 |
1 July 1996 (g) |
-- |
|
|
78, 1997 |
18 June 1997 |
Schedule 1 (items 64, 65): 1 Sept 1996 |
Sch. 1 (item 67) |
|
|
135, 1997 |
19 Sept 1997 |
Schedule 1: 7 Aug 1997 |
Sch. 1 (item 9) [see Table A] |
|
|
Excise Tariff (Fuel Rates Amendments) Act 1997 |
161, 1997 |
11 Nov 1997 |
31 Jan 1998 (see Gazette 1998, No. GN1) |
Sch. 1 (item 19) [see Table A] |
|
169, 1997 |
11 Nov 1997 |
(h) |
Sch. 1 (item 3) [see Table A] |
|
|
178, 1997 |
21 Nov 1997 |
Schedule 1 (items 1, 2): 3 Feb 1996 |
Sch 1. (item 5) [see Table A] |
|
|
182, 1997 |
27 Nov 1997 |
Schedule 1: 17 Sept 1997 |
Sch. 1 (item 4) [see Table A] |
|
|
64, 1998 |
30 June 1998 |
Schedule 1 (items 1, 2): 31 Jan 1998 (see s. 2(3) and Gazette 1998, No. GN1) |
-- |
|
|
99, 1999 |
16 July 1999 |
Schedule 1: 12 May 1999 |
-- |
|
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (item 438): 5 Dec 1999 (see Gazette 1999, No. S584) (j) |
-- |
|
68, 2000 |
22 June 2000 |
Schedule 1: 1 Nov 1999 |
-- |
|
|
Excise Tariff Amendment (Product Stewardship for Waste Oil) Act 2000 |
104, 2000 |
6 July 2000 |
Schedule 1: 1 Jan 2001 (see s. 2(2)) |
-- |
|
Petroleum Excise Amendment (Measures to Address Evasion) Act 2000 |
125, 2000 |
26 Oct 2000 |
Schedule 3: Royal Assent (k) |
-- |
|
25, 2001 |
6 Apr 2001 |
Schedule 7 (items 9-19): 4 May 2001 (l) |
-- |
|
|
39, 2001 |
14 May 2001 |
Schedule 1 (item 1): 13 May 2000 |
-- |
|
|
67, 2001 |
30 June 2001 |
30 June 2001 |
-- |
|
|
164, 2001 |
1 Oct 2001 |
Schedule 1 (items 2-22, 24): 1 July 2001 |
Sch. 1 (item 24) [see Table A] |
|
|
108, 2002 |
2 Dec 2002 |
Schedule 1: 14 May 2002 (m) |
-- |
|
|
113, 2002 |
2 Dec 2002 |
Schedule 1 (items 1-3): 25 Oct 2001 |
-- |
|
|
44, 2004 |
21 Apr 2004 |
18 Sept 2002 |
-- |
|
|
66, 2004 |
22 June 2004 |
Schedule 1 (items 1-14, |
-- |
|
|
Offshore Petroleum (Repeals and Consequential Amendments) Act 2006 |
17, 2006 |
29 Mar 2006 |
Schedule 2 (items 22-24): 1 July 2008 (see s. 2(1) and F2008L02273) |
-- |
|
Tax Laws Amendment (2006 Measures No. 2) Act 2006 |
58, 2006 |
22 June 2006 |
Schedule 7 (items 237, 238): Royal Assent |
-- |
|
Excise Tariff Amendment (Fuel Tax Reform and Other Measures) Act 2006 |
75, 2006 |
26 June 2006 |
Schedule 1 (items 1-41,
|
Sch. 1 (items 46, 47) [see Table A] |
|
109, 2008 |
18 Oct 2008 |
18 Oct 2008 |
Sch. 1 (items 31, 32) [see Table A] |
|
|
Excise Tariff Amendment (2009 Measures No. 1) Act 2009 |
73, 2009 |
27 Aug 2009 |
Schedule 1: 27 Apr
2008 |
Sch. 2 (item 3) [see Table A] |
|
Tax Laws Amendment (2009 Measures No. 4) Act 2009 |
88, 2009 |
18 Sept 2009 |
Schedule 5 (items 12, 13): Royal Assent |
-- |
(a) The Acts marked (a) in the table contain provisions that relate to the time of commencement of those Acts. To ascertain those provisions, reference should be made to the amending Acts.
The application of amendments made by many of the Acts referred to above is affected by provisions in those Acts with respect to the time of imposition of excise duty imposed by those Acts and their application to specified goods. To ascertain those provisions, reference should be made to the amending Acts.
(b) The Excise Tariff Act 1921 was amended by Part XXXIII (sections 101 and 102) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(16) of which provides as follows:
(16) The remaining provisions of this Act shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.
(c) The Excise Tariff Act 1921 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.
(d) The Statute Law (Miscellaneous Provisions) Act (No. 1) 1984 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(43) of which provides as follows:
(43) The amendments of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984 made by this Act shall be deemed to have come into operation immediately after the commencement of section 1 of that first‑mentioned Act.
(e) Subsection 2(2) of the Industry, Science and Tourism Legislation Amendment Act 1997 provides as follows:
(2) The amendments of the Coal Tariff Legislation Amendment Act 1992 made by Schedule 1 are taken to have commenced immediately after the commencement of subsection 2(1) of that Act.
Subsection 2(1) commenced on 26 June 1992.
(f) The Excise Tariff Act 1921 was amended by the Customs, Excise and Bounty Legislation Amendment Act 1995, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2), (3), (4), (5) and (6), this Act commences on the day on which it receives the Royal Assent.
(g) Section 2 of the Customs Tariff (Miscellaneous Amendments) Act 1996 provides as follows:
2 This Act commences on 1 July 1996 immediately after the commencement of the Customs Tariff Act 1995.
(h) Section 2 of the Excise Tariff Amendment Act (No. 4) 1997 provides as follows:
2 This Act commences immediately after the commencement of the Excise Tariff (Fuel Rates Amendments) Act 1997.
The Excise Tariff (Fuel Rates Amendments) Act 1997 came into operation on 31 January 1998.
(i) Subsections 2(4) and (5) of the Excise Tariff Amendment Act (No. 1) 1998, provide as follows:
(4) The amendments of the Excise Tariff Act 1921 made by items 5 and 6 of Schedule 1 to this Act are taken to have commenced immediately after the commencement of the Excise Tariff (Fuel Rates Amendments) Act 1997.
(5) The amendments of the Excise Tariff Act 1921 made by items 7 to 14 of Schedule 1 to this Act are taken to have commenced immediately after the commencement of the Excise Tariff Amendment Act (No. 4) 1997.
The Excise Tariff Amendment Act (No. 4) 1997 came into operation immediately after the Excise Tariff (Fuel Rates Amendments) Act 1997.
The Excise Tariff (Fuel Rates Amendments) Act 1997 came into operation on 31 January 1998 (see Gazette 1998, No. GN1).
(j) The Excise Tariff Act 1921 was amended by Schedule 1 (item 438) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(k) The Excise Tariff Act 1921 was amended by Schedule 3 only of the Petroleum Excise Amendment (Measures to Address Evasion) Act 2000, subsection 2(1) of which provides as follows:
(1) This Act, other than item 5 of Schedule 2, commences on the day on which it receives the Royal Assent.
(l) The Excise Tariff Act 1921 was amended by Schedule 7 (items 9-19) only of the Taxation Laws Amendment (Excise Arrangements) Act 2001, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the earlier of:
(a) 1 July 2001; and
(b) 28 days after the day on which this Act receives the Royal Assent.
(m) Subsection 2(1) (item 2) of the Excise Tariff Amendment Act (No. 2) 2002 provides as follows:
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedule 1 |
7.30 pm (by legal time in the Australian Capital Territory ) on 14 May 2002 |
14 May 2002 |
(n) Subsection 2(1) (items 2 and 7) of the Excise Tariff Amendment (Fuels) Act 2004 provides as follows:
|
Provision(s) |
Commencement |
Date/Details |
|
2. Part 1 of Schedule 1 |
1 July 2003 . |
1 July 2003 |
|
7. Part 1 of Schedule 2 |
The provision(s) do not commence at all unless the Excise Tariff Amendment Act (No. 1) 2004 commences, in which case the provision(s) are taken to have commenced immediately after the commencement of the provision(s) covered by table item 2. |
1 July 2003 |
Table of Amendments
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ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
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Provision affected |
How affected |
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S. 1 ...................................... |
rs. No. 104, 1977 |
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S. 1A ................................... |
ad. No. 39, 1985 |
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am. No. 85, 1995; No. 25, 2001 |
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S. 2 ...................................... |
am. No. 82, 1949; No. 91, 1963 |
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rs. No. 164, 1979 |
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am. No. 189, 1985; No. 150, 1987; No. 75, 2006 |
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S. 3 ...................................... |
rep. No. 80, 1950 |
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ad. No. 131, 1984 |
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am. Nos. 41 and 189, 1985; No. 160, 1986; Nos. 145 and 150, 1987; No. 112, 1990; No. 80, 1991; No. 115, 1993; No. 134, 1994; Nos. 85 and 162, 1995; Nos. 78 and 161, 1997; No. 64, 1998; Nos. 25 and 164, 2001; No. 113, 2002; No. 66, 2004; Nos. 17 and 75, 2006; No. 109, 2008; No. 88, 2009 |
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S. 3A ................................... |
ad. No. 134, 1994 |
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am. No. 85, 1995; No. 64, 1998; No. 164, 2001; No. 58, 2006; No. 88, 2009 |
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S. 5 ...................................... |
am. No. 53, 1984; No. 25, 2001 |
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S. 5A ................................... |
ad. No. 54, 1982 |
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am. No. 80, 1982 |
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rep. No. 104, 1987 |
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S. 5B ................................... |
ad. No. 131, 1984 |
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am. No. 131, 1984; No. 41, 1985; No. 160, 1986; No. 145, 1987; No. 80, 1991; No. 162, 1995; No. 109, 2008 |
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Note to s. 5B(3).................... |
ad. No. 109, 2008 |
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Ss. 5C, 5D............................ |
ad. No. 161, 1997 |
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rep. No. 75, 2006 |
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S. 6 ...................................... |
rep. No. 80, 1950 |
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ad. No. 18, 1967 |
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am. No. 64, 1972; No. 216, 1973; No. 10, 1986 |
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rep. No. 9, 1993 |
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S. 6A ................................... |
ad. No. 99, 1983 |
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am. Nos. 53 and 131, 1984; No. 10, 1986; No. 150, 1987; No. 56, 1993; Nos. 85 and 162, 1995; No. 5, 1996; No. 67, 2001; No. 113, 2002; No. 75, 2006 |
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S. 6AAA .............................. |
ad. No. 56, 1993 |
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am. No. 115, 1993; Nos. 9 and 162, 1995 |
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rep. No. 75, 2006 |
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S. 6AA ................................ |
ad. No. 150, 1987 |
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am. No. 85, 1995 |
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rep. No. 164, 2001 |
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S. 6AB ................................. |
ad. No. 150, 1987 |
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am. No. 112, 1990; No. 78, 1997; No. 25, 2001 |
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rs. No. 109, 2008 |
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S. 6AC ................................. |
ad. No. 112, 1990 |
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am. No. 78, 1997 |
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rs. No. 109, 2008 |
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Heading to s. 6B .................. |
am. No. 164, 2001 |
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Subheads. to s. 6B(1), (2)... |
ad. No. 78, 1997 |
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Subheads. to s. 6B(4), (5) .. |
ad. No. 78, 1997 |
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Subheads. to s. 6B(5B), (5C).................................. ......................................... |
ad. No. 78, 1997 |
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Subheads. to s. 6B(6)-(10). |
ad. No. 78, 1997 |
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S. 6B ................................... |
ad. No. 99, 1983 |
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am. Nos. 72 and 131, 1984; No. 41, 1985; Nos. 53 and 150, 1987; No. 99, 1988; No. 112, 1990; No. 5, 1996; No. 78, 1997; Nos. 25 and 164, 2001; No. 75, 2006; No. 109, 2008 |
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Subheads. to s. 6C(1), (2)... |
ad. No. 78, 1997 |
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Subheads. to s. 6C(4), (5)... |
ad. No. 78, 1997 |
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Subheads. to s. 6C(5A), (5B).................................. |
ad. No. 78, 1997 |
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Subheads. to s. 6C(6)-(10). |
ad. No. 78, 1997 |
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S. 6C ................................... |
ad. No. 131, 1984 |
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am. Nos. 41 and 189, 1985; No. 150, 1987; No. 112, 1990; No. 78, 1997; Nos. 25 and 164, 2001; No. 75, 2006; No. 109, 2008 |
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S. 6CA.................................. |
ad. No. 109, 2008 |
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Subheads. to s. 6D(1), (2)... |
ad. No. 78, 1997 |
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Subheads. to s. 6D(4), (5),.. |
ad. No. 78, 1997 |
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Subheads. to s. 6D(5A), (5B).................................. |
ad. No. 78, 1997 |
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Subheads. to s. 6D(6)-(10). |
ad. No. 78, 1997 |
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S. 6D ................................... |
ad. No. 41, 1985 |
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am. No. 189, 1985; No. 150, 1987; No. 112, 1990; No. 78, 1997; No. 25, 2001; No. 75, 2006; No. 109, 2008 |
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S. 6E .................................... |
ad. No. 189, 1985 |
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am. No. 150, 1987 |
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rs. No. 164, 2001 |
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am. No. 109, 2008 |
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S. 6F .................................... |
ad. No. 189, 1985 |
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am. No. 150, 1987 |
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rep. No. 78, 1997 |
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S. 6G ................................... |
ad. No. 53, 1987 |
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rep. No. 77, 1989 |
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ad. No. 115, 1993 |
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am. No. 161, 1997; No. 125, 2000; No. 39, 2001; No. 113, 2002; Nos. 44 and 66, 2004 |
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rs. No. 75, 2006 |
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S. 7....................................... |
rep. No. 75, 2006 |
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Ss. 8, 9 ................................ |
rep. No. 80, 1950 |
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The Schedule ...................... |
am. No. 28, 1924; No. 28, 1926; No. 4, 1928; Nos. 20 and 21, 1933; No. 17, 1936; Nos. 24 and 70, 1938; Nos. 29, 54 and 65, 1939; Nos. 3, 4, 14 and 93, 1948; Nos. 77 and 82, 1949; Nos. 61 and 62, 1950; No. 83, 1952; No. 78, 1953; Nos. 16, 59 and 87, 1956; No. 82, 1957; No. 19, 1958; Nos. 26, 65 and 66, 1959; Nos. 26 and 57, 1960; Nos. 21 and 55, 1961; No. 73, 1962; Nos. 41 and 91, 1963; No. 125, 1964; Nos. 83 and 140, 1965; Nos. 18 and 82, 1967; Nos. 74 and 75, 1968; Nos. 5 and 33, 1969; No. 81, 1970; No. 108, 1971; Nos. 22, 64 and 119, 1972; Nos. 20, 23, 146 and 216, 1973; No. 121, 1974; No. 104, 1975; Nos. 104 and 136, 1977; Nos. 48 and 184, 1978; Nos. 81, 83 and 164, 1979; Nos. 43, 44, 45 and 122, 1980; No. 50, 1981; Nos. 24, 45 and 54, 1982; Nos. 27 and 99, 1983; Nos. 53 and 72, 1984; No. 131, 1984 (as am. by No. 41, 1985); Nos. 39, 41 and 189, 1985; No. 20, 1986 (as am. by No. 160, 1986); No. 160, 1986; Nos. 53, 76, 145 and 150, 1987; Nos. 29 and 149, 1988; Nos. 77 and 177, 1989; No. 112, 1990; Nos. 80 and 186, 1991; No. 65, 1992 (as am. by No. 91, 1997); Nos. 9, 56 and 115, 1993; Nos. 62 and 134, 1994; Nos. 9, 85 and 162, 1995; No. 15, 1996; Nos. 78, 135, 161, 169, 178, 182, 1997; No. 64, 1998: Nos. 99 and 146, 1999; Nos. 68 and 104, 2000; Nos. 25 and 39, 2001; Nos. 108 and 113, 2002; Nos. 44 and 66, 2004; No. 75, 2006; No. 109, 2008; No. 73, 2009 |
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Table A
Application, saving or transitional provisions
Excise Tariff Amendment Act (No. 3) 1997 (No. 135, 1997)
Schedule 1
9 Application
The amendments made by this Act apply in respect of goods:
(a) that fall to an item, or to a paragraph or subparagraph of an item, of the Schedule to the Excise Tariff Act 1921 as amended by this Act that is referred to in an item of this Schedule; and
(b) that are entered for home consumption on or after 7 August 1997.
Excise Tariff (Fuel Rates Amendments) Act 1997 (No. 161, 1997)
Schedule 1
19 Application clause
This Act applies to all goods falling to item 11, 12 or 17 of the Schedule to the Excise Tariff Act 1921 that are entered or taken to be entered for home consumption within the meaning of the Excise Act 1901 on or after the day on which this Act commences.
Excise Tariff Amendment Act (No. 4) 1997 (No. 169, 1997)
Schedule 1
3 Application
The amendments made by this Act apply in respect of goods:
(a) that fall to a paragraph, subparagraph or sub‑subparagraph of the Schedule to the Excise Tariff Act 1921 as amended by this Act that is referred to in an item of this Schedule; and
(b) that are entered for home consumption on or after the commencement of this Act.
Excise Tariff Amendment Act (No.1) 1997 (No. 178, 1997)
Schedule 1
5 Application and saving provision
(1) Despite section 8 of the Acts Interpretation Act 1901, the liability of any person to pay excise duty under the Excise Tariff Act 1921 in respect of goods comprising spirits, or a beverage containing distilled alcohol, that were, or are, entered for home consumption on or after 3 February 1996 must be determined in accordance with item 2 of the Schedule to the latter Act as that Schedule is taken, from time to time, to have been amended by this Act, whether or not:
(a) any application to the Administrative Appeals Tribunal for review of a decision in relation to the matter has been made; or
(b) any application for a refund of that duty in relation to the matter has been made; or
(c) any proceedings in relation to the matter have been instituted in a court;
before the commencement day.
(2) If:
(a) goods that comprise spirits, or a beverage containing distilled alcohol, were entered for home consumption before 3 February 1996; and
(b) a Collector demanded the payment of excise duty in relation to the goods on the ground that the goods were a spirituous beverage within the meaning of item 2 of the Schedule to the Excise Tariff Act 1921 as that Schedule was in force at the time the goods were so entered; and
(c) the owner of the goods:
(i) paid the Collector the amount demanded; and
(ii) sought a review by the Administrative Appeals Tribunal in relation to the amount demanded; and
(d) as a result of that review:
(i) the Tribunal determined that the whole or a part of the amount demanded was not properly payable; and
(ii) the amount determined not to be properly payable has been refunded;
then, without prejudice to any proceedings before a court in relation to the determination of the Tribunal and in spite of any decision arising from such proceedings, no action is to be taken to recover the amount so refunded.
(3) In this item:
commencement day means the day on which this Act receives the Royal Assent.
Excise Tariff Amendment Act (No. 5) 1997 (No. 182, 1997)
Schedule 1
4 Application
The amendments made by this Act apply in respect of goods:
(a) that fall to a item, sub‑item or paragraph of the Schedule to the Excise Tariff Act 1921 as amended by this Act; and
(b) that are entered for home consumption on or after the commencement of this Act.
Excise Tariff Amendment (Crude Oil) Act 2001 (No. 164, 2001)
Schedule 1
24 Saving provision
(1) Sections 6AA, 6B and 6C of the Excise Tariff Act 1921, as in force immediately before the commencement day, continue to apply in relation to relevant oil produced from a prescribed production area and new oil produced from a prescribed new production area that is entered for home consumption during a month of a financial year ending before that day.
(2) In this item:
commencement day means 1 July 2001.
new oil has the same meaning as in subsection 3(1) of the Excise Tariff Act 1921 as in force immediately before the commencement day.
prescribed new production area has the same meaning as in subsection 6C(1) of the Excise Tariff Act 1921 as in force immediately before the commencement day.
prescribed production area and relevant oil have the same meanings as in subsection 6B(1) of the Excise Tariff Act 1921 as in force immediately before the commencement day.
Excise Tariff Amendment (Fuel Tax Reform and Other Measures) Act 2006 (No. 75, 2006)
Schedule 1
46 Transitional--previously paid duties
In working out the duty payable on blended goods under section 6G of the Excise Tariff Act 1921 after the commencement of this item, paragraph (a) of the definition of previously paid duties in that section includes any excise duties already paid on goods that:
(a) are constituent elements of the blended goods; and
(b) were classified to item 11, 12 or 15 of the Schedule to that Act (as in force before the commencement of this item).
47 Transitional regulations
The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments made by this Act.
Excise Tariff Amendment (Condensate) Act 2008 (No. 109, 2008)
Schedule 1
31 Application
Application of Schedule (other than items 2, 3, 4, 10, 11 and 12)
(1) The amendments made by this Schedule (other than items 2, 3, 4, 10, 11 and 12) apply (subject to subitem (2)) in relation to condensate produced after midnight (by legal time in the Australian Capital Territory) on 13 May 2008.
(2) Section 6CA of the Excise Tariff Act 1921 (as inserted by item 27 of this Schedule) applies, in relation to condensate produced after midnight (by legal time in the Australian Capital Territory) on 13 May 2008 until midnight (by legal time in the Australian Capital Territory) on 30 June 2008, as if the following modifications were made to that section:
(a) the following definitions were omitted:
(i) the definition of adjusted previous year's duty in subsection 6CA(1);
(ii) the definition of non‑adjusted previous year's duty in subsection 6CA(1);
(iii) the definition of credited adjustment amount in subsection 6CA(3);
(iv) the definition of debited adjustment amount in subsection 6CA(3);
(b) the formula in subsection 6CA(3) were replaced with the following formula:

(c) subsections 6CA(7) and (8) were omitted.
Application of items 2, 3, 4, 10, 11 and 12
(3) The amendments made by items 2, 3, 4, 10, 11 and 12 of this Schedule apply in relation to stabilised crude petroleum oil and condensate produced after midnight (by legal time in the Australian Capital Territory) on 13 May 2008.
(4) To avoid doubt, the amendments made by those items do not affect any excise on stabilised crude petroleum oil produced before midnight (by legal time in the Australian Capital Territory) on 13 May 2008.
(5) In determining whether stabilised crude petroleum oil or condensate is included in pre‑threshold onshore oil and condensate, take into account all stabilised crude petroleum oil and condensate produced, whether before or after midnight (by legal time in the Australian Capital Territory) on 13 May 2008, from a particular onshore field.
(6) In determining whether stabilised crude petroleum oil or condensate is included in exempt offshore oil and condensate, take into account all stabilised crude petroleum oil and condensate produced, whether before or after midnight (by legal time in the Australian Capital Territory) on 13 May 2008, from a particular exempt offshore field.
Application of subsection 5(2) of the Excise Tariff Act 1921
(7) For the purposes of item 21 of the Schedule to the Excise Tariff Act 1921 (as amended by item 30 of this Act), paragraphs 5(2)(b) and (2)(c) of the Excise Tariff Act 1921 do not apply in relation to condensate produced before midnight (by legal time in the Australian Capital Territory) on 13 May 2008.
32 Deemed entry for home consumption
(1) This item applies if:
(a) a person produces condensate after midnight (by legal time in the Australian Capital Territory) on 13 May 2008; and
(b) the person does not have a manufacturer's licence (within the meaning of the Excise Act 1901) to manufacture condensate; and
(c) the person's grace period has not ended (see subitem (4)).
(2) For the purposes of the Excise Tariff Act 1921 (as amended by this Act), the person is taken to have been given a permission under section 61C of the Excise Act 1901 to deliver the condensate for home consumption from the prescribed condensate production area from which the condensate is produced.
(3) The permission is taken to be revoked at the end of the person's grace period.
(4) In this item:
grace period, in relation to a person, means the period:
(a) beginning immediately after midnight (by legal time in the Australian Capital Territory) on 13 May 2008; and
(b) ending at the earlier of the following times:
(i) the time when the CEO grants, or refuses to grant, the person a manufacturer's licence to manufacture condensate under section 39A of the Excise Act 1901;
(ii) the end of the transition period.
transition period means the period that would be the transition period within the meaning of subsection 15(3) of the Excise Act 1901 if the references to "the first day" in paragraph (a) and subparagraph (b)(iii) of the definition of transition period, and in subparagraph 15(4)(a)(ii) and paragraph 15(4)(b) of the Excise Act 1901, were references to "the day on which Schedule 1 to the Excise Tariff Amendment (Condensate) Act 2008 commences".
Excise Tariff Amendment (2009 Measures No. 1) Act 2009 (No. 73, 2009)
Schedule 2
3 Application
The amendments of the Excise Tariff Act 1921 made by this Schedule apply in relation to beverages manufactured or produced on or after the commencement of this item.