EXCISE REGULATIONS (AMENDMENT) 1994 NO. 81 EXCISE REGULATIONS (AMENDMENT) 1994 NO. 81 - TABLE OF PROVISIONS 1. Commencement 2. Amendment 3. New Part 10 4. Regulation 213 (Labelling of beer in bottles or on packages containing beer) 5. Regulation 214 (Security for quantity of beer that may be manufactured for commercial purposes) 6. New regulation 214A 7. Regulation 215 (Application for licence to manufacture beer for commercial purposes) 8. New regulation 215A 1994 No. 81 EXCISE REGULATIONS (AMENDMENT) - REG 1 1. Commencement 1.1 These Regulations commence on 1 April 1994. 1994 No. 81 EXCISE REGULATIONS (AMENDMENT) - REG 2 2. Amendment 2.1 The Excise Regulations are amended as set out in these Regulations. 1994 No. 81 EXCISE REGULATIONS (AMENDMENT) - REG 3 3. New Part 10 3.1 After regulation 174, insert: "PART 10-BLENDED PETROLEUM PRODUCTS Interpretation "175. Expressions used in this Part that are defined for the purposes of Part VIIB of the Act have the same meanings respectively as in that Part. Exempt blended petroleum products "176. (1) In this regulation, "waste oil" means a petroleum product that, because of use or degradation from storage, is no longer useable by itself without reprocessing: (a) for any purpose; or (b) for any purpose except as burner fuel; "(2) For the purposes of paragraph 77J (1) (b) of the Act, the following blended petroleum products are exempt blended petroleum products: (a) a blend of waste oil and a petroleum product where duty has been paid on the petroleum product at the rate specified in paragraph 11(E) (3) of the Schedule to the Excise Tariff Act 1921; (b) a blend of waste oil and diesel fuel where duty has been paid on the diesel fuel at the rate specified in paragraph 11(E) (2) of the Schedule to the Excise Tariff Act 1921; (c) a blend of waste oil and stabilised crude petroleum oil where duty has been paid on the stabilised crude petroleum oil at the rate specified in paragraph 11(H) (2) of the Schedule to the Excise Tariff Act 1921; (d) a blend of waste oil and condensate where duty has been paid on the condensate at the rate specified in paragraph 11(J) (2) of the Schedule to the Excise Tariff Act 1921; (e) a blend of waste oil and an excisable blended petroleum product where duty has been paid on the excisable blended petroleum product at the rate specified in section 6 G of the Excise Tariff Act 1921; (f) two stroke gasoline where duty has been paid on the gasoline at the rate specified in subparagraph 11 (A) (3) (b) or (c) of the Schedule to the Excise Tariff Act 1921; (g) a blend of a petroleum product with a dye after the petroleum product has been cleared from Customs control; (h) a blend of gasoline with a product used to enhance its octane rating where duty has been paid on the gasoline at the rate specified in subparagraph 11 (A) (3) (b) or (c) of the Schedule to the Excise Tariff Act 1921; (i) a blend of a petroleum product with prepared additives that: (i) enhance the performance of an internal combustion engine; or (ii) assist in its maintenance; after duty on the petroleum product has been paid at the rate specified in subparagraph 11 (A) (3) (b) or (c), or paragraph 11E (2), of the Schedule to the Excise Tariff Act 1921; (j) a blend of any petroleum product with ethanol after the petroleum product has been cleared from Customs control; (k) a blend of any petroleum product with methanol after the petroleum product has been cleared from Customs control; (l) a blend of leaded petrol and unleaded petrol in the petrol tanks of leaded petrol vehicles where duty has been paid on both products at the rates specified respectively in subparagraphs 11 (A) (3) (b) and (c) of the Schedule to the Excise Tariff Act 1921; (m) a blend of a petroleum product with another substance after the petroleum product has been cleared from Customs control where the blended petroleum product is not suitable for use as a fuel; (n) a blend of diesel fuel and fuel oil on board a vessel where the blend is for use as a bunker fuel for that vessel; (o) a blend of diesel fuel, where duty has been paid at the rate specified in paragraph 11 (E) (2) of the Schedule to the Excise Tariff Act 1921, and stabilised crude oil where duty has been exempted on the stabilised crude oil under the terms of subitem 11 (H) of the Schedule to the Excise Tariff Act 1921; (p) a blended petroleum product produced in the course of refining crude oil being a product that is not suitable for use as a fuel; (q) a blended petroleum product produced in a warehouse licensed under section 79 of the Customs Act 1901 if it is entered for home consumption in terms of item 11 of the Schedule to the Excise Tariff Act 1921; (r) a blend of heating oil and kerosene, where duty has been paid on both the oil and kerosene at the rate specified in paragraph 11 (E) (3) of the Schedule to the Excise Tariff Act 1921, and where the blend is to be used as heating fuel; (s) a blend of condensate and stabilised crude oil: (i) for use as a petroleum refinery feedstock at a factory specified in a licence granted under section 34 of the Excise Act 1901; or (ii) for export; (t) blends of petroleum products not containing goods specified under paragraph 11 (A) (3) of the Schedule to the Excise Tariff Act 1921, where duty has been paid on all the constituents of the blend at the rate specified in paragraph 11 (E) (2) of the Schedule to the Excise Tariff Act 1921; and (u) blends of petroleum products containing goods specified under paragraph 11 (A) (3) of the Schedule to the Excise Tariff Act 1921, where duty has been paid on all the constituents of the blend at the rate specified in subparagraph 11 (A) (3) (b) of the Schedule to the Excise Tariff Act 1921.". 1994 No. 81 EXCISE REGULATIONS (AMENDMENT) - REG 4 4. Regulation 213 (Labelling of beer in bottles or on packages containing beer) 4.1 Add at the end: "(6) A reference in this regulation to beer is taken to be a reference to beer brewed for commercial purposes.". 1994 No. 81 EXCISE REGULATIONS (AMENDMENT) - REG 5 5. Regulation 214 (Security for quantity of beer that may be manufactured for commercial purposes) 5.1 After "beer" (first occurring), insert "manufactured for commercial purposes". 1994 No. 81 EXCISE REGULATIONS (AMENDMENT) - REG 6 6. New regulation 214A 6.1 After regulation 214, insert: Security for quantity of beer that may be manufactured for non-commercial purposes "214A. For the purposes of subsection 39 (2) of the Act, the amount to be given in security to the Collector by an applicant for a licence to manufacture quantities of beer in a year for non-commercial purposes is as follows: Quantity of beer that may be manufactured Amount to be in a year for non-commercial purposes given in security $ 100,000 litres or less 200 100,001 litres or more 400". 1994 No. 81 EXCISE REGULATIONS (AMENDMENT) - REG 7 7. Regulation 215 (Application for licence to manufacture beer for commercial purposes) 7.1 After "beer", insert "for commercial purposes". 1994 No. 81 EXCISE REGULATIONS (AMENDMENT) - REG 8 8. New regulation 215A 8.1 After regulation 215, insert: Application for licence to manufacture beer for non-commercial purposes "215A. For the purposes of section 38 of the Act, the drawings and particulars to be given to the Collector by an applicant for a licence to manufacture beer for non-commercial purposes are as follows: (a) the full name of the applicant and, if the applicant is a company, the address of its registered office; (b) in the case of each person involved in the management or control of the applicant's factory-that person's full name, address and date of birth; (c) the name of that factory; (d) the address of that factory; (e) a plan or description of the buildings comprising that factory; (f) a description of all the security systems in place in that factory, including walls, fences or other enclosures on the outside boundaries of the buildings constituting that factory; (g) the number and capacity of the wort boilers to be used in that factory; (h) the number and capacity of fermenters to be used in that factory.". - NOTES 1994 No. 81*1* EXCISE REGULATIONS*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 31 March 1994. *2* 1925 No. 181; 1926 No. 70; 1928 No. 131; 1929 Nos. 74, 92 and 97; 1930 No. 71; 1931 Nos. 25 and 43; 1932 Nos. 13, 51, 105 and 129; 1933 Nos. 37 and 103; 1934 Nos. 9, 65 and 76; 1936 Nos. 26, 56 and 99; 1939 Nos. 5, 39, 60, 121 and 169; 1940 Nos. 17 and 48; 1941 No. 313; 1942 Nos. 291, 335 and 387; 1943 Nos. 22 and 140; 1944 No. 173; 1945 No. 103; 1946 No. 89; 1947 Nos. 28 and 85; 1948 Nos. 36 and 95; 1949 No. 96; 1950 No. 16; 1951 Nos. 81 and 123; 1952 No. 97; 1953 No. 86; 1954 Nos. 22 and 109; 1955 Nos. 54 and 65; 1956 No. 128; 1958 Nos. 18 and 87; 1959 No. 76; 1960 Nos. 27 and 77; 1961 No. 61; 1962 Nos. 4, 46 and 108; 1963 No. 147; 1965 No. 195; 1966 Nos. 164 and 174; 1967 No. 172; 1969 Nos. 153, 187 and 205; 1970 Nos. 114 and 142; 1971 Nos. 60, 142 and 171; 1972 Nos. 92 and 209; 1973 No. 258; 1974 Nos. 199 and 207; 1975 No. 162; 1978 Nos. 196 and 275; 1979 No. 279; 1980 Nos. 111 and 374; 1981 Nos. 163, 242 and 275; 1982 Nos. 138 and 254; 1983 No. 306; 1984 Nos. 19, 126, 219 and 320; 1985 Nos. 13, 75, 127, 137, 141, 142, 234, 307 and 357; 1986 Nos. 78, 173, 249, 295 and 338; 1987 No. 28, 123, 161 and 212; 1988 Nos. 135, 216 and 388; 1989 Nos. 61, 102, 158, 307, 327 and 408; 1990 Nos. 7, 124, 218, 221, 223 and 236; 1991 Nos. 110, 317 and 383; 1992 Nos. 62, 327, 345 and 446.