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Excise Act 1901

Authoritative Version
  • - C2012C00578
  • In force - Superseded Version
  • View Series
Act No. 9 of 1901 as amended, taking into account amendments up to Clean Energy (Excise Tariff Legislation Amendment) Act 2012
An Act relating to Excise
Administered by: Treasury
Registered 06 Aug 2012
Start Date 01 Jul 2012
End Date 28 Jun 2013
Table of contents.

Excise Act 1901

Act No. 9 of 1901 as amended

This compilation was prepared on 26 July 2012
taking into account amendments up to Act No. 81 of 2012

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

Part I—Introductory                                                                                                            1

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement [see Note 1].............................................................. 1

4............ Definitions.......................................................................................... 1

4AAA... Act not to apply so as to exceed Commonwealth power..................... 7

4A......... Certain installations to be part of Australia.......................................... 8

5............ Penalty at foot of sections................................................................... 9

6............ Application of Act............................................................................... 9

6A......... How this Act applies to partnerships.................................................. 9

6B......... Application of the Criminal Code..................................................... 10

Part II—Administration                                                                                                   12

7............ General administration of Act........................................................... 12

8............ Delegation by Minister...................................................................... 12

15.......... Time for compliance with this Act.................................................... 12

16.......... Right to require security.................................................................... 13

17.......... Form of security................................................................................ 14

18.......... General security may be given.......................................................... 14

19.......... Cancellation of bonds........................................................................ 14

20.......... New sureties..................................................................................... 14

21.......... Form of security................................................................................ 14

22.......... Effect of security............................................................................... 14

24.......... Excisable goods and goods liable to duties of Customs may be used in manufacturing excisable goods 15

Part III—Manufacturers, producers and dealers                                            16

Division 1—Manufacturers                                                                                     16

25.......... Only licensed manufacturers to manufacture excisable goods........... 16

26.......... Licensed manufacturers to manufacture in accordance with Act and licence            16

27.......... Licensed manufacturers to manufacture only at licensed premises.... 17

Division 2—Producers                                                                                               18

28.......... Only licensed producers to produce tobacco leaf etc......................... 18

29.......... Licensed producers to produce in accordance with Act and licence.. 18

30.......... Licensed producers to store tobacco leaf etc. at licensed premises.... 19

31.......... Licensed producers to produce tobacco leaf etc. at licensed premises 20

Division 3—Dealers                                                                                                     21

33.......... Only licensed dealers to deal in tobacco leaf etc................................ 21

34.......... Licensed dealers to deal in accordance with Act and licence............. 22

35.......... Licensed dealers to store tobacco leaf etc. at licensed premises......... 22

36.......... Licensed dealers to deal in tobacco leaf etc. at licensed premises...... 23

Part IV—Manufacturer, storage, producer and dealer licences            24

Division 1—Applications for licences                                                                 24

39.......... Applications for licences................................................................... 24

Division 2—The granting of licences                                                                  25

39A....... It is in the Collector’s discretion whether to grant licence................. 25

39B....... Determining whether a natural person is fit and proper..................... 27

39C....... Determining whether a company is fit and proper............................. 27

Division 3—Conditions and duration of licences                                         29

39D....... Conditions of licence......................................................................... 29

39DA.... Changing licence conditions on own initiative.................................. 31

39E........ Duration of licences.......................................................................... 31

39F........ Renewal of licences........................................................................... 32

Division 4—Suspension and cancellation of licences                                  33

39G....... When the Collector may suspend a licence........................................ 33

39H....... Determining whether a natural person is fit and proper..................... 34

39I......... Determining whether a company is fit and proper............................. 35

39J........ Method of suspension....................................................................... 35

39K....... Activities that are prohibited during suspension................................ 36

39L........ Cancellation of licences..................................................................... 39

Division 5—Dealing with goods after cancellation etc.                            41

39M...... Removal of goods on cancellation etc. of licence.............................. 41

39N....... Removal of goods by Collector on cancellation etc. of licence.......... 42

Division 6—Miscellaneous                                                                                       43

39O....... Death of licence holder...................................................................... 43

39P........ Service of notices.............................................................................. 43

39Q....... Review of decisions.......................................................................... 43

39R....... Spent convictions scheme................................................................. 43

Part IVA—Control of tobacco seed, plant and leaf                                        44

44.......... Permission to move tobacco seed, tobacco plant and tobacco leaf..... 44

Part V—Excise supervision, manufacturers’ books, and regulation of factories generally         47

46.......... Supervision by officers..................................................................... 47

49.......... Facilities to officers........................................................................... 47

50.......... Record keeping................................................................................. 47

51.......... Collector may give directions............................................................ 48

52.......... Weights and scales............................................................................ 48

53.......... Responsibility of manufacturers........................................................ 48

Part VI—Payment of duty, removal of excisable goods from factories, and excise control         49

54.......... Liability to pay duty.......................................................................... 49

54A....... Liability of Commonwealth authorities to pay Excise duty............... 49

55.......... Transfer of partly made goods.......................................................... 50

58.......... Entry for home consumption etc....................................................... 50

59.......... Payment of duty................................................................................ 51

59A....... Declared period quotas—effect on rates of Excise duty.................... 51

59AA.... Payment of duty by relevant travellers.............................................. 54

59B....... Revocation and variation of quota orders.......................................... 54

59C....... Service of quota orders etc................................................................ 55

60.......... Persons to keep excisable goods safely etc....................................... 55

61.......... Control of excisable goods................................................................ 57

61AA.... Delivery for exportation.................................................................... 58

61A....... Permission to remove goods that are subject to CEO’s control......... 58

61B....... Removal of goods to a warehouse by a Collector............................. 60

61C....... Permission to deliver certain goods for home consumption without entry               60

61D....... Outwards duty free shops................................................................. 64

61E........ Inwards duty free shops.................................................................... 68

62.......... Deficiency in duty............................................................................. 71

63.......... Power to prescribe scales for calculating quantities of excisable goods produced    71

64.......... Delivery of samples free of duty....................................................... 72

65.......... Rules for working out the volume or weight etc. of excisable goods 72

Part VII—Special provisions relating to tobacco                                              73

68.......... Exemption......................................................................................... 73

75.......... Destruction of waste tobacco............................................................ 73

76.......... Limitation of amount of moisture in tobacco..................................... 73

77.......... How moisture determined................................................................. 73

77AA.... Tobacco leaf stock may be checked................................................... 73

Part VIIA—Special provisions relating to alcoholic beverages                75

77A....... Definitions........................................................................................ 75

77D....... Spoilt beer......................................................................................... 75

77E........ Removal of beer when licence ceases to be in force etc..................... 75

77F........ Disposal of beer by Collector on cancellation etc. of licence............. 75

77FA..... Excise duty to be paid according to labelled alcoholic strength of certain beverages                76

77FC..... Repackaged beer............................................................................... 77

Part VIIAA—Special provisions relating to spirits                                         78

77FD..... Spirit for fortifying Australian wine or Australian grape must.......... 78

77FE..... Spirit for an industrial, manufacturing, scientific, medical, veterinary or educational purpose—class determinations.......................................................................................................... 78

77FF..... Spirit for an industrial, manufacturing, scientific, medical, veterinary or educational purpose—specific approvals 79

77FG..... Denatured spirits............................................................................... 79

77FH..... When an amount is payable on spirit covered by section 77FD, 77FE or 77FF       80

77FI...... Delivery from CEO’s control of brandy, whisky or rum.................. 81

77FJ...... Person must not abstract denaturing substances in spirit classified to subitem 3.8   81

77FK..... Offence in relation to stills................................................................ 82

77FL..... Offence in relation to describing spirits as “old” or “very old”......... 82

77FM.... Spirit blending is to be treated as manufacture.................................. 83

Part VIIB—Special provisions relating to fuel                                                   84

77G....... Fuel blending is to be treated as manufacture.................................... 84

77H....... Blending exemptions......................................................................... 84

77HA.... Compressed natural gas that is exempt from excise duty.................. 86

77HB.... Liquefied petroleum gas and liquefied natural gas that is exempt from excise duty  87

77J........ Goods that are not covered by subitem 10.25, 10.26, 10.27, 10.28 or 10.30           87

77K....... Crude oil and condensate may attract more than one excise duty...... 88

77L........ Notice requirements for sales or supplies of LPG to which an LPG remission applies            88

77M...... Penalty for using LPG for excisable LPG use.................................. 89

Part VIII—Remissions, refunds, rebates and drawbacks                          90

78.......... Remissions, rebates and refunds....................................................... 90

79.......... Drawbacks........................................................................................ 90

80.......... Recovery of overpayments of refunds, rebates and drawbacks......... 90

81.......... Certain interest not payable............................................................... 91

Part IX—Officers                                                                                                                 92

Division 1—Powers of officers                                                                              92

Subdivision A—Preliminary                                                                                 92

82.......... Law relating to legal professional privilege not affected.................... 92

Subdivision B—General regulatory powers                                                     92

86.......... Officers to have access to factories and approved places.................. 92

87.......... Power to stop conveyances about to leave an excise place................ 92

87AA.... Searches of conveyances without warrant......................................... 93

87A....... Powers of officers in relation to resources installations.................... 93

87B....... Powers of officers in relation to sea installations.............................. 94

91.......... Examine all goods............................................................................. 94

92.......... Seals etc. not to be broken................................................................. 94

Subdivision D—Powers of arrest                                                                         94

100........ Power of arrest.................................................................................. 94

102........ Arrested persons to go before Justices.............................................. 95

103........ Power of Justices with offenders...................................................... 95

104........ Power to detain and search suspected persons.................................. 95

Subdivision E—Miscellaneous                                                                              96

106........ Samples............................................................................................. 96

107........ Power to purchase samples............................................................... 96

Division 1A—Search and seizure                                                                         97

Subdivision A—Preliminary                                                                                 97

107AA.. Definitions........................................................................................ 97

107AB.. Law relating to legal professional privilege not affected.................... 99

Subdivision B—Search warrants in respect of things believed to be evidential material            99

107BA.. When search warrants can be issued................................................. 99

107BB... The things that are authorised by a search warrant.......................... 100

107BC... Use of equipment to examine or process things.............................. 102

107BD.. Use of electronic equipment on or in premises................................ 103

107BE... Compensation for damage to equipment or data.............................. 104

107BF... Copies of seized things to be provided............................................ 105

Subdivision C—Seizure of goods believed to be forfeited goods               106

107CA.. When seizure warrants can be issued.............................................. 106

107CB... The things that are authorised by seizure warrants.......................... 107

Subdivision D—Provisions applicable both to search and seizure warrants  108

107DA.. Conduct of ordinary searches and frisk searches............................ 108

107DB.. Announcement before entry............................................................ 109

107DC.. Details of warrant to be given to occupier....................................... 109

107DD.. Occupier entitled to be present during search or seizure.................. 110

107DE... Availability of assistance and use of force in executing a warrant... 110

107DF... Specific powers available to executing officers............................... 111

107DG.. Warrants by telephone or other electronic means............................ 112

107DH.. Receipts for things seized under warrant......................................... 113

107DI.... Offence for making false statements in warrants............................. 113

107DJ... Offences relating to telephone warrants.......................................... 114

Subdivision E—Dealing with things seized as evidential material under a search warrant or section 9 of the Crimes Act 1914                                                                                      114

107EA... Retention of things seized under a search warrant etc..................... 114

107EB... Magistrate may permit a thing seized under a search warrant etc. to be retained       115

Subdivision F—Dealing with forfeited goods seized under a seizure warrant or section 9 of the Crimes Act 1914                                                                                                       116

107FA... Seized goods to be secured............................................................. 116

107FB... Requirement to serve seizure notices............................................... 116

107FC... Matters to be dealt with in seizure notices....................................... 117

107FD... Claim for return of goods seized..................................................... 117

107FE... Treatment of goods seized if no claim for return is made................ 118

107FF... Treatment of goods seized if a claim for return is made.................. 118

107FG... Magistrate may permit goods seized under a seizure warrant or section 9 of the Crimes Act 1914 to be retained    121

107FH... Right of compensation in certain circumstances for goods disposed of or destroyed               122

107FI.... Effect of forfeiture........................................................................... 122

107FJ.... Immediate disposal of certain goods............................................... 123

107FK... Release of goods on security........................................................... 125

107FL... Service by post................................................................................ 125

107FM.. Disposal of forfeited goods............................................................. 126

107FN... Destruction or concealment of evidential material or forfeited goods 126

Subdivision G—Miscellaneous                                                                           126

107GA.. Nature of functions of magistrate under sections 107EB and 107FG 126

107GB.. Retaining evidential material of goods immediately disposed of..... 127

107GC.. Appointment of analyst................................................................... 128

107GD.. Evidentiary certificates in relation to goods immediately disposed of 128

Division 2—Protection to officers                                                                      130

108........ Reasonable cause for seizure a bar to action.................................... 130

109........ Notice of action to be given............................................................. 130

110........ Defect in notice not to invalidate..................................................... 130

111........ No evidence to be produced but that contained in notice................. 130

112........ Officer may tender amends............................................................. 131

113........ Commencement of proceedings against officers............................. 131

114........ Time for commencing action........................................................... 131

115........ Security may be required................................................................. 132

Part X—Penal provisions                                                                                              133

116........ Forfeiture........................................................................................ 133

117........ Unlawful possession of excisable goods........................................ 134

117A..... Unlawfully moving excisable goods............................................... 134

117B..... Unlawfully selling excisable goods................................................. 135

117BA.. Unlawfully selling LPG that is used for an excisable LPG use....... 136

117C..... Unlawful possession of tobacco seed, plant or leaf......................... 136

117D..... Unlawfully moving tobacco leaf..................................................... 137

117E...... Unlawfully buying tobacco seed or plant........................................ 137

117F...... Unlawfully buying tobacco leaf...................................................... 138

117G..... Unlawfully selling tobacco seed or plant......................................... 139

117H..... Unlawfully selling tobacco leaf....................................................... 139

117I....... Counterfeit tobacco labels............................................................... 140

118........ Illegal prevention of seizures........................................................... 140

120........ Offences.......................................................................................... 140

124........ Collusive seizures penalty............................................................... 142

127A..... Alternative penalties........................................................................ 143

128........ Penalties in addition to forfeitures................................................... 143

Part XA—Penalty instead of prosecution                                                           144

129A..... Purpose and effect of this Part........................................................ 144

129B..... When an infringement notice may be issued................................... 144

129C..... Matters to be included in an infringement notice............................. 144

129D..... Due date for penalty........................................................................ 145

129E...... Effect of payment of penalty........................................................... 145

129F...... Withdrawal of infringement notice.................................................. 145

Part XI—Excise prosecutions                                                                                     147

133........ Meaning of Excise prosecution....................................................... 147

134........ Institution of prosecutions............................................................... 147

136........ Prosecution in accordance with practice rules................................. 148

137........ State Court practice......................................................................... 148

138........ Commencement of prosecutions..................................................... 148

139........ Information etc. to be valid etc. if in words of Act.......................... 148

140........ No objections for informality.......................................................... 148

141........ Conviction not to be quashed.......................................................... 149

142........ Protection to witnesses.................................................................... 149

143........ Defendant a competent witness....................................................... 149

144........ Averment of prosecution sufficient................................................. 149

145........ Proof of proclamations etc.............................................................. 150

145A..... Conduct by directors, servants or agents......................................... 150

146........ Minimum penalties.......................................................................... 151

148........ Collector may levy on goods in his or her possession.................... 152

150........ Imprisonment not to release penalty................................................ 152

151........ Conviction to operate as a condemnation........................................ 152

152........ Parties may recover costs................................................................ 152

153........ Application of penalties................................................................... 152

Part XII—Disputes as to duty                                                                                    153

154........ Deposit of duty............................................................................... 153

155........ Limited dispute rights because of objection against private ruling... 153

Part XIV—Miscellaneous                                                                                              154

159A..... Jurisdiction of courts....................................................................... 154

160........ Alteration of agreements where duty altered................................... 154

160A..... Ship’s stores and aircraft’s stores................................................... 154

160B..... Notification of proposals when House of Representatives not sitting 156

162........ Rebate............................................................................................. 156

162B..... Sale by Collector............................................................................. 156

162C..... Review of decisions........................................................................ 157

Part XV—Regulations and by‑laws                                                                        160

163A..... Interpretation................................................................................... 160

164........ Regulations..................................................................................... 160

164A..... Effect of regulations relating to condensate..................................... 161

165........ CEO may make by‑laws................................................................. 161

165A..... By‑laws prescribing onshore fields or exempt offshore fields may be revoked within 3 years                161

166........ By‑laws specifying goods............................................................... 165

167........ By‑laws for purposes of repealed items.......................................... 165

168........ Publication of by‑laws.................................................................... 165

169........ Retrospective by‑laws not to increase duty..................................... 166

170........ By‑laws for purposes of proposals................................................. 166

Schedules                                                                                                                                 167

Schedule I—Australia                                                                                                      167

Notes                                                                                                                                           169


An Act relating to Excise

Part IIntroductory

  

1  Short title [see Note 1]

                   This Act may be cited as the Excise Act 1901.

2  Commencement [see Note 1]

                   This Act shall commence on a day to be fixed by Proclamation.

4  Definitions

             (1)  In this Act, except where otherwise clearly intended:

apply, in relation to an LPG remission, has a meaning affected by subsection (5).

approved form has the meaning given by section 388‑50 in Schedule 1 to the Taxation Administration Act 1953.

approved place means the premises specified in a storage licence.

Australia does not include:

                     (a)  the Territory of Christmas Island; or

                     (b)  the Territory of Cocos (Keeling) Islands.

authorised officer, in relation to a section of any of the Excise Acts, means an officer authorised in writing by the CEO to exercise the powers or perform the functions of an authorised officer under that section.

beer means any liquor on which, under the name of beer, any duty of excise imposed by the Parliament is payable.

Bulk container means a container that has the capacity to have packaged in it more than 2 litres of liquid.

By authority means by the authority of an officer doing duty in the matter in relation to which the expression is used.

CEO means the Commissioner of Taxation.

Collector means:

                     (a)  the CEO; or

                     (b)  in relation to a section of an Excise Act for which a person is an authorised officer—that authorised officer.

Commonwealth authority means an authority or body established for a purpose of the Commonwealth by or under a law of the Commonwealth (including an Ordinance of the Australian Capital Territory).

condensate means either:

                     (a)  liquid petroleum; or

                     (b)  a substance:

                              (i)  that is derived from gas associated with oil production; and

                             (ii)  that is liquid at standard temperature and pressure.

Container means any article capable of holding liquids.

Note:          Container is defined differently in section 87 and in Division 1A of Part IX.

conveyance means an aircraft, railway rolling stock, vehicle or vessel of any kind.

dealer licence means a licence granted under Part IV, the holding of which authorises the licence holder to deal in tobacco seed, tobacco plant or tobacco leaf.

Duty or Excise duty means duty of Excise.

Excisable goods means goods in respect of which excise duty is imposed by the Parliament, and includes goods the subject of an Excise Tariff or Excise Tariff alteration proposed in the Parliament.

excisable LPG use in relation to LPG:

                     (a)  means the use of LPG 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 the use of LPG for a motor vehicle that:

                              (i)  is designed merely to move goods with a forklift and is for use primarily off public roads; or

                             (ii)  is of a kind prescribed by the regulations for the purposes of this subparagraph.

Excise Acts means this Act and any instruments (including rules, regulations or by‑laws) made under this Act and any other Act, and any instruments (including rules, regulations or by‑laws) made under any other Act, relating to excise in force within the Commonwealth or any part of the Commonwealth.

excise place means:

                     (a)  a factory; or

                     (b)  an approved place; or

                     (c)  the premises specified in a producer licence or dealer licence.

Excise Tariff means an Act imposing duties of excise and includes such an Act that has not come into operation.

Factory means the premises on which any person is licensed to manufacture excisable goods, and includes all adjoining premises used in connexion therewith or with the business of the licensed manufacturer.

Finance Minister has the meaning given by the Income Tax Assessment Act 1997.

fuel means goods of a kind that fall within a classification in item 10, 20 or 21 of the Schedule to the Excise Tariff.

gaseous fuel means compressed natural gas, liquefied natural gas or liquefied petroleum gas.

Gazette notice means a notice signed by the CEO and published in the Gazette.

International aircraft has the same meaning as aircraft has in Part VII of the Customs Act 1901.

Justice means any Justice of the Peace having jurisdiction in the place.

licence means a manufacturer licence, storage licence, producer licence or dealer licence.

licensed dealer means a person or partnership who holds a dealer licence.

licensed manufacturer means a person or partnership who holds a manufacturer licence.

licensed producer means a person or partnership who holds a producer licence.

liquid petroleum is a mixture of hydrocarbons:

                     (a)  that is produced from gas wells; and

                     (b)  that is liquid at standard temperature and pressure after recovery in surface separation facilities;

but does not include a substance referred to in paragraph (b) of the definition of condensate.

LPG means:

                     (a)  liquid propane; or

                     (b)  a liquid mixture of propane and butane; or

                     (c)  a liquid mixture of propane and other hydrocarbons that consists mainly of propane; or

                     (d)  a liquid mixture of propane, butane and other hydrocarbons that consists mainly of propane and butane.

LPG remission in relation to LPG means a remission, refund or rebate of excise duty that applies to LPG under regulations made under section 78 because the LPG is not intended to be used for an excisable LPG use.

Manufacture includes all processes in the manufacture of excisable goods and, in relation to beer, includes the provision to the public at particular premises of commercial facilities and equipment for use in the production of beer at those premises.

manufacturer licence means a licence granted under Part IV, the holding of which authorises the licence holder to manufacture excisable goods.

officer means a person employed or engaged under the Public Service Act 1999 who is:

                     (a)  exercising powers; or

                     (b)  performing functions;

under, pursuant to or in relation to a taxation law (as defined by the Taxation Administration Act 1953).

Overseas ship has the same meaning as ship has in Part VII of the Customs Act 1901.

penalty day, in relation to an offence, means:

                     (a)  if the Court knows the day on which the offence was committed—that day; or

                     (b)  otherwise—the day on which the prosecution for the offence is instituted.

Permission means the written permission of the Collector.

Place includes ship or aircraft.

Place outside Australia does not include:

                     (a)  a ship or an area of waters, outside Australia; or

                     (b)  an installation outside Australia; or

                     (c)  a reef or an uninhabited island outside Australia.

producer licence means a licence granted under Part IV, the holding of which authorises the licence holder to produce tobacco seed, tobacco plant or tobacco leaf.

proprietor of an approved place means a person or partnership who holds a storage licence that specifies that place in the licence.

Resources Minister has the meaning given by the Petroleum Resource Rent Tax Assessment Act 1987.

Ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.

small business entity has the meaning given by section 328‑110 (other than subsection 328‑110(4)) of the Income Tax Assessment Act 1997.

Spirit means goods described in item 3 of the Schedule to the Excise Tariff Act 1921.

standard temperature and pressure means a temperature of 20° centigrade and a pressure of one standard atmosphere.

storage licence means a licence granted under Part IV, the holding of which authorises the licence holder:

                     (a)  to keep and store goods that are:

                              (i)  excisable goods on which duty has not been paid; and

                             (ii)  of the kind specified in the licence;

                            at the premises specified in the licence; and

                     (b)  carry out at the premises activities of a kind specified in the licence in relation to those goods.

This Act includes all Excise Acts incorporated therewith and all regulations made under this Act or any such Excise Act.

tobacco bale label means a label that:

                     (a)  is in a form approved in writing by the Commissioner of Taxation; and

                     (b)  uniquely identifies a bale of tobacco leaf.

Warehouse means a warehouse licensed under the Customs Act 1901.

             (2)  A reference in this Act to a police officer shall be read as a reference to a member or special member of the Australian Federal Police or a member of the Police Force of a State or Territory.

             (3)  A reference in this Act or in any other Act to an Excise Tariff or Excise Tariff alteration proposed in the Parliament shall be read as a reference to an Excise Tariff or Excise Tariff alteration proposed by a motion moved in the House of Representatives, and an Excise Tariff or Excise Tariff alteration proposed by a motion so moved shall be deemed to have been proposed in the Parliament at the time at which the motion was moved.

             (4)  For the purposes of this Act, where the Schedule to the Excise Tariff Act 1921 applies in respect of goods, excise duty shall be taken to be imposed by the Parliament in respect of those goods notwithstanding that the word “Free” is specified in the column headed “Rate of Duty” in that Schedule as the rate of duty chargeable on those goods.

             (5)  To avoid doubt, an LPG remission ceases to apply in relation to LPG if the excise duty on the LPG is subsequently paid (despite the remission having previously applied).

4AAA  Act not to apply so as to exceed Commonwealth power

             (1)  Unless the contrary intention appears, if a provision of this Act:

                     (a)  would, apart from this section, have an invalid application; but

                     (b)  also has at least one valid application;

it is the Parliament’s intention that the provision is not to have the invalid application, but is to have every valid application.

             (2)  Despite subsection (1), the provision is not to have a particular valid application if:

                     (a)  apart from this section, it is clear, taking into account the provision’s context and the purpose or object underlying the Act, that the provision was intended to have that valid application only if every invalid application, or a particular invalid application, of the provision had also been within the Commonwealth’s legislative power; or

                     (b)  the provision’s operation in relation to that valid application would be different in a substantial respect from what would have been its operation in relation to that valid application if every invalid application of the provision had been within the Commonwealth’s legislative power.

             (3)  Subsection (2) does not limit the cases where a contrary intention may be taken to appear for the purposes of subsection (1).

             (4)  This section applies to a provision of this Act, whether enacted before, at or after the commencement of this section.

             (5)  In this section:

application means an application in relation to:

                     (a)  one or more particular persons, things, matters, places, circumstances or cases; or

                     (b)  one or more classes (however defined or determined) of persons, things, matters, places, circumstances or cases.

invalid application, in relation to a provision, means an application because of which the provision exceeds the Commonwealth’s legislative power.

valid application, in relation to a provision, means an application that, if it were the provision’s only application, would be within the Commonwealth’s legislative power.

4A  Certain installations to be part of Australia

             (1)  For the purposes of the Excise Acts:

                     (a)  a resources installation that becomes attached to, or that is, at the commencement of this subsection, attached to, the Australian seabed; or

                     (b)  a sea installation that becomes installed in, or that is, at the commencement of this subsection, installed in, an adjacent area or a coastal area;

shall, subject to subsections (2) and (3), be deemed to be part of Australia.

             (2)  A resources installation that is deemed to be part of Australia because of the operation of this section shall, for the purposes of the Excise Acts, cease to be part of Australia if:

                     (a)  the installation is detached from the Australian seabed, or from another resources installation attached to the Australian seabed, for the purpose of being taken to a place outside the outer limits of Australian waters (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits); or

                     (b)  after having been detached from the Australian seabed otherwise than for the purpose referred to in paragraph (a), the installation is moved for the purpose of being taken to a place outside the outer limits of Australian waters (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits).

             (3)  A sea installation that is deemed to be part of Australia because of the operation of this section shall, for the purposes of the Excise Acts, cease to be part of Australia if:

                     (a)  the installation is detached from its location for the purpose of being taken to a place that is not in an adjacent area or in a coastal area; or

                     (b)  after having been detached from its location otherwise than for the purpose referred to in paragraph (a), the installation is moved for the purpose of being taken to a place that is not in an adjacent area or in a coastal area.

             (4)  In this section:

                     (a)  adjacent area, Australian seabed, coastal area, resources installation and sea installation have the same respective meanings as in the Customs Act 1901;

                     (b)  a resources installation shall be taken to be attached to the Australian seabed if it would be taken to be so attached for the purposes of the Customs Act 1901;

                     (c)  a sea installation shall be taken to be installed in an adjacent area if it would be taken to be so installed for the purposes of the Customs Act 1901; and

                     (d)  a sea installation shall be taken to be installed in a coastal area if it would be taken to be so installed for the purposes of the Customs Act 1901.

5  Penalty at foot of sections

                   The penalties referred to at the foot of sections indicate that any contravention of the section whether by act or omission is an offence against this Act punishable on conviction by a penalty not exceeding (except as provided by sections 129 to 132, inclusive) the penalty mentioned.

6  Application of Act

                   This Act is incorporated and shall be read as one with the other Excise Acts except in so far as this Act is inconsistent with another Excise Act or other provision is made in another Excise Act.

6A  How this Act applies to partnerships

             (1)  This Act applies to a partnership as if the partnership were a person, but it applies with the changes set out in subsections (2), (3), (4), (5) and (6).

             (2)  If this Act would otherwise require or permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.

             (3)  If under this Act a document is given to a partner of the partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.

             (4)  An obligation that would otherwise be imposed on the partnership by this Act:

                     (a)  is imposed on each partner instead; but

                     (b)  may be discharged by any of the partners.

             (5)  The partners are jointly and severally liable to pay an amount that would otherwise be payable by the partnership under this Act.

             (6)  An offence against this Act that would otherwise be committed by the partnership is taken to have been committed by each partner who:

                     (a)  aided, abetted, counselled or procured the relevant act or omission; or

                     (b)  was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly or whether by any act or omission of the partner).

             (7)  If, for the purposes of subsection (6), it is necessary to establish that the partnership engaged in particular conduct, it is sufficient to show that the conduct was engaged in by a partner within the scope of his or her actual or apparent authority. If it is also necessary to establish that the partnership had a particular state of mind when it engaged in that conduct, it is sufficient to show the partner had the relevant state of mind.

             (8)  For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.

6B  Application of the Criminal Code

             (1)  Subject to subsection (2), Chapter 2 of the Criminal Code applies to an offence against this Act.

             (2)  For the purposes of an Excise Prosecution:

                     (a)  Parts 2.1, 2.2, 2.3 and 2.4 of the Criminal Code apply; and

                     (b)  Parts 2.5 and 2.6 of the Criminal Code do not apply; and

                     (c)  a reference to criminal responsibility in Chapter 2 of the Criminal Code is taken to be a reference to responsibility.

             (3)  This section is not to be interpreted as affecting in any way the nature of any offence under this Act, the nature of any prosecution or proceeding in relation to any such offence, or the way in which any such offence is prosecuted, heard or otherwise dealt with.

             (4)  Without limiting the scope of subsection (3), this section is not to be interpreted as affecting in any way the standard or burden of proof for any offence under this Act that is the subject of an Excise Prosecution.

             (5)  In this section:

Excise Prosecution has the meaning given in section 133.


 

Part IIAdministration

  

7  General administration of Act

                   The CEO has the general administration of this Act.

Note:          An effect of this provision is that people who acquire information under this Act are subject to the confidentiality obligations and exceptions in Division 355 in Schedule 1 to the Taxation Administration Act 1953.

8  Delegation by Minister

             (1)  The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to an officer all or any of the Minister’s powers under any Excise Act, other than this power of delegation.

             (2)  A power so delegated, when exercised by the delegate, shall, for the purposes of the Excise Act that conferred the power, be deemed to have been exercised by the Minister.

             (3)  A delegation under this section does not prevent the exercise of a power by the Minister.

15  Time for compliance with this Act

             (1)  Where under any Excise Tariff or Excise Tariff alteration proposed in the Parliament any excise duty is proposed to be imposed on any goods previously free, any person who manufactures or proposes to manufacture those goods shall be allowed until the end of the transition period to comply with the provisions of this Act relating to licences.

             (2)  However, during the transition period:

                     (a)  a person who manufactures those goods without holding a manufacturer licence must comply with this Act as if the person held such a licence; and

                     (b)  the premises on which the person manufactures those goods are taken to be a factory.

             (3)  In this section:

first day means the day on which the Excise Tariff or Excise Tariff alteration is proposed in the Parliament.

transition period means the period starting at the start of the first day and ending either:

                     (a)  2 months after the end of the first day; or

                     (b)  if, before the end of those 2 months:

                              (i)  the person applies for a manufacturer licence for the goods; and

                             (ii)  the Collector has not decided whether to grant, or refuse to grant, that licence;

                            at the earliest of the following:

                            (iii)  12 months after the end of the first day;

                            (iv)  the end of the last day (if any) for the goods determined under subsection (4);

                             (v)  the end of the day the Collector grants, or refuses to grant, the manufacturer licence.

             (4)  For the purposes of this section, the Collector may, by legislative instrument, determine the last possible day of the transition period (the last day) for particular goods. Such a day must be a day occurring:

                     (a)  after:

                              (i)  the day the determination was made; and

                             (ii)  the end of the 2 months starting at the end of the first day; but

                     (b)  before the end of the 12 months starting at the end of the first day.

16  Right to require security

                   The CEO shall have the right to require and take securities for compliance with the Excise Acts and generally for the protection of the revenue and pending the giving of the required security in relation to any goods subject to the control of the CEO may refuse to deliver the goods or to pass any entry relating thereto.

Note:          Authorities given under section 114C of the Customs Act 1901 can be subject to conditions relating to securities under this section.

17  Form of security

                   A security shall be given in a manner and form approved by a Collector and may, subject to that approval, be by bond, guarantee, cash deposit or any other method, or by 2 or more different methods.

18  General security may be given

                   When security is required for any particular purpose security may by the authority of the CEO be accepted to cover all transactions for such time and for such amount as the CEO may approve.

19  Cancellation of bonds

                   All securities taken for compliance with the Excise Acts may after the expiration of 3 years from the date thereof or from the time specified for the performance of the conditions thereof be cancelled by the CEO.

20  New sureties

                   If the Collector is not at any time satisfied with the sufficiency of any security he or she may require a fresh security and a fresh security shall be given accordingly.

21  Form of security

                   The form of security in Schedule I shall suffice for all the purposes of a bond or guarantee under any Excise Act and without sealing shall bind its subscribers as if sealed and unless otherwise provided therein jointly and severally and for the full amount.

22  Effect of security

                   Whenever any such security is put in suit by the Collector the production thereof without further proof shall entitle the Collector to judgment for their stated liability against the persons appearing to have executed it unless the defendants shall prove compliance with the condition or that the security was not executed by them or release or satisfaction.

24  Excisable goods and goods liable to duties of Customs may be used in manufacturing excisable goods

             (1)  Excisable goods may, while subject to the CEO’s control, be used in the manufacture of other excisable goods in accordance with this Act.

             (2)  Goods liable to duties of Customs may, while subject to control of Customs, be used in the manufacture of excisable goods in accordance with this Act.

             (3)  The regulations may prescribe conditions on the use of:

                     (a)  excisable goods, while subject to the CEO’s control, in the manufacture of other excisable goods; or

                     (b)  goods liable to duties of Customs, while subject to the control of Customs, in the manufacture of excisable goods.


 

Part IIIManufacturers, producers and dealers

Division 1Manufacturers

25  Only licensed manufacturers to manufacture excisable goods

             (1)  A person who does not hold a manufacturer licence must not intentionally manufacture excisable goods knowing, or being reckless as to whether, the goods are excisable goods.

Penalty:  2 years imprisonment or the greater of:

                     (a)  500 penalty units; and

                     (b)  5 times the amount of duty that would be payable if the goods had been entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A person who does not hold a manufacturer licence must not manufacture excisable goods.

Penalty:  100 penalty units.

             (3)  Strict liability applies to subsection (2).

26  Licensed manufacturers to manufacture in accordance with Act and licence

             (1)  A licensed manufacturer must not intentionally manufacture excisable goods knowing, or being reckless as to whether, the manufacture contravenes this Act or the manufacturer licence.

Penalty:  2 years imprisonment or 500 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A licensed manufacturer must not manufacture excisable goods in contravention of this Act or the manufacturer licence.

Penalty:  100 penalty units.

             (3)  Strict liability applies to subsection (2).

27  Licensed manufacturers to manufacture only at licensed premises

             (1)  A licensed manufacturer must not intentionally manufacture excisable goods at premises that are not specified in the manufacturer licence knowing, or being reckless as to whether, the goods are excisable goods and:

                     (a)  knowing the premises are not specified in the manufacturer licence; or

                     (b)  being reckless as to whether the premises are specified in the manufacturer licence.

Penalty:  2 years imprisonment or the greater of:

                     (a)  500 penalty units; and

                     (b)  5 times the amount of duty that would be payable if the goods had been entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A licensed manufacturer must not manufacture excisable goods at premises that are not specified in the manufacturer licence.

Penalty:  100 penalty units.

             (3)  Strict liability applies to subsection (2).


 

Division 2Producers

28  Only licensed producers to produce tobacco leaf etc.

             (1)  A person who does not hold a producer licence must not intentionally produce material that is tobacco seed, tobacco plant or tobacco leaf knowing, or being reckless as to whether, the material is tobacco seed, tobacco plant or tobacco leaf.

Penalty: 

                     (a)  for tobacco seed or tobacco plant—2 years imprisonment or 500 penalty units; and

                     (b)  for tobacco leaf—2 years imprisonment or the greater of:

                              (i)  500 penalty units; and

                             (ii)  5 times the amount of duty, worked out under the regulations, being the duty that would be payable if the tobacco leaf had been manufactured into excisable goods and entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A person who does not hold a producer licence must not produce tobacco seed, tobacco plant or tobacco leaf.

Penalty:  100 penalty units.

             (3)  Strict liability applies to subsection (2).

29  Licensed producers to produce in accordance with Act and licence

             (1)  A licensed producer must not intentionally produce tobacco seed, tobacco plant or tobacco leaf knowing, or being reckless as to whether, the production contravenes this Act or the producer licence.

Penalty:  2 years imprisonment or 500 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A licensed producer must not produce tobacco seed, tobacco plant or tobacco leaf in contravention of this Act or the producer licence.

Penalty:  100 penalty units.

             (3)  Strict liability applies to subsection (2).

30  Licensed producers to store tobacco leaf etc. at licensed premises

             (1)  A licensed producer must not, without permission, intentionally keep or store material that is tobacco seed, tobacco plant or tobacco leaf at premises that are not specified in the producer licence knowing, or being reckless as to whether, the material is tobacco seed, tobacco plant or tobacco leaf and:

                     (a)  knowing the premises are not specified in the producer licence; or

                     (b)  being reckless as to whether the premises are specified in the producer licence.

Penalty: 

                     (a)  for tobacco seed or tobacco plant—2 years imprisonment or 500 penalty units; and

                     (b)  for tobacco leaf—2 years imprisonment or the greater of:

                              (i)  500 penalty units; and

                             (ii)  5 times the amount of duty, worked out under the regulations, being the duty that would be payable if the tobacco leaf had been manufactured into excisable goods and entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A licensed producer must not, without permission, keep or store tobacco seed, tobacco plant or tobacco leaf at premises that are not specified in the producer licence.

Penalty:  100 penalty units.

             (3)  Strict liability applies to subsection (2).

31  Licensed producers to produce tobacco leaf etc. at licensed premises

             (1)  A licensed producer must not intentionally produce material that is tobacco seed, tobacco plant or tobacco leaf at premises that are not specified in the producer licence knowing, or being reckless as to whether, the material is tobacco seed, tobacco plant or tobacco leaf and:

                     (a)  knowing the premises are not specified in the producer licence; or

                     (b)  being reckless as to whether the premises are specified in the producer licence.

Penalty: 

                     (a)  for tobacco seed or tobacco plant—2 years imprisonment or 500 penalty units; and

                     (b)  for tobacco leaf—2 years imprisonment or the greater of:

                              (i)  500 penalty units; and

                             (ii)  5 times the amount of duty, worked out under the regulations, being the duty that would be payable if the tobacco leaf had been manufactured into excisable goods and entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A licensed producer must not produce tobacco seed, tobacco plant or tobacco leaf at premises that are not specified in the producer licence.

Penalty:  100 penalty units.

             (3)  Strict liability applies to subsection (2).


 

Division 3Dealers

33  Only licensed dealers to deal in tobacco leaf etc.

             (1)  A person who does not hold a dealer licence must not intentionally deal in material that is tobacco seed, tobacco plant or tobacco leaf knowing, or being reckless as to whether, the material is tobacco seed, tobacco plant or tobacco leaf.

Penalty: 

                     (a)  for tobacco seed or tobacco plant—2 years imprisonment or 500 penalty units; and

                     (b)  for tobacco leaf—2 years imprisonment or the greater of:

                              (i)  500 penalty units; and

                             (ii)  5 times the amount of duty, worked out under the regulations, being the duty that would be payable if the tobacco leaf had been manufactured into excisable goods and entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A person who does not hold a dealer licence must not deal in tobacco seed, tobacco plant or tobacco leaf.

Penalty:  100 penalty units.

             (3)  Strict liability applies to subsection (2).

             (4)  Subsections (1) and (2) do not apply to a licensed producer who:

                     (a)  transfers tobacco seed, tobacco plant or tobacco leaf that the producer has produced; or

                     (b)  acquires tobacco seed or tobacco plant for the purpose of producing tobacco seed, tobacco plant or tobacco leaf.

Note:          A defendant bears an evidential burden for the matters in subsection (4).

34  Licensed dealers to deal in accordance with Act and licence

             (1)  A licensed dealer must not intentionally deal in tobacco seed, tobacco plant or tobacco leaf knowing, or being reckless as to whether, the dealing contravenes this Act or the dealer licence.

Penalty:  2 years imprisonment or 500 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A licensed dealer must not deal in tobacco seed, tobacco plant or tobacco leaf in contravention of this Act or the dealer licence.

Penalty:  100 penalty units.

             (3)  Strict liability applies to subsection (2).

35  Licensed dealers to store tobacco leaf etc. at licensed premises

             (1)  A licensed dealer must not, without permission, intentionally keep or store material that is tobacco seed, tobacco plant or tobacco leaf at premises that are not specified in the dealer licence knowing, or being reckless as to whether, the material is tobacco seed, tobacco plant or tobacco and:

                     (a)  knowing the premises are not specified in the dealer licence; or

                     (b)  being reckless as to whether the premises are specified in the dealer licence.

Penalty: 

                     (a)  for tobacco seed or tobacco plant—2 years imprisonment or 500 penalty units; and

                     (b)  for tobacco leaf—2 years imprisonment or the greater of:

                              (i)  500 penalty units; and

                             (ii)  5 times the amount of duty, worked out under the regulations, being the duty that would be payable if the tobacco leaf had been manufactured into excisable goods and entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A licensed dealer must not, without permission, keep or store tobacco seed, tobacco plant or tobacco leaf at premises that are not specified in the dealer licence.

Penalty:  100 penalty units.

             (3)  Strict liability applies to subsection (2).

36  Licensed dealers to deal in tobacco leaf etc. at licensed premises

             (1)  A licensed dealer must not intentionally carry on a business as a dealer at premises that are not specified in the dealer licence:

                     (a)  knowing the premises are not specified in the dealer licence; or

                     (b)  being reckless as to whether the premises are specified in the dealer licence.

Penalty:  2 years imprisonment or 500 penalty units.

             (2)  A licensed dealer must not carry on a business as a dealer at premises that are not specified in the dealer licence.

Penalty:  100 penalty units.

             (3)  Strict liability applies to subsection (2).


 

Part IVManufacturer, storage, producer and dealer licences

Division 1Applications for licences

39  Applications for licences

             (1)  An application for a licence may be made to the Collector.

             (2)  The application must:

                     (a)  be in a form (if any) approved by the CEO; and

                     (b)  set out the name and address of the applicant; and

                     (c)  set out the name and address of each person whom the Collector is required to consider for the purposes of paragraphs 39A(2)(b), (c), (d), (e) and (f); and

                     (d)  contain a description of the premises in relation to which the licence is sought; and

                     (e)  set out such particulars of the matters that the Collector is required to consider for the purposes of sections 39A, 39B and 39C as will enable the Collector adequately to consider those matters; and

                      (f)  in relation to an application for a manufacturer licence—be accompanied by the prescribed fee (if any); and

                     (g)  contain such other information as is prescribed.


 

Division 2The granting of licences

39A  It is in the Collector’s discretion whether to grant licence

             (1)  The Collector may grant, or refuse to grant, a licence.

             (2)  Without limiting subsection (1) but subject to subsection (3), the Collector may refuse to grant a licence if, in the Collector’s opinion:

                     (a)  where the applicant is a natural person—the applicant is not a fit and proper person; or

                     (b)  where the applicant is a partnership—any of the partners is not a fit and proper person; or

                     (c)  where the applicant is a company—any director, officer or shareholder of the company who would participate in the management or control of the company is not a fit and proper person; or

                     (d)  a natural person who would participate in the management or control of the premises in relation to which the licence is sought is not a fit and proper person; or

                     (e)  where the applicant is a company—the company is not a fit and proper company; or

                      (f)  the applicant is an associate (within the meaning of the Income Tax Assessment Act 1997) of a person who is not:

                              (i)  a fit and proper person; or

                             (ii)  a fit and proper company; or

                    (fa)  if the applicant is a natural person—he or she does not have, and he or she does not have available to him or her, the skills and experience to carry out the activity that would be authorised by the licence; or

                    (fb)  if the applicant is a company—the company does not have available to it the skills and experience to carry out the activity that would be authorised by the licence; or

                     (g)  in relation to an application for a manufacturer licence or storage licence—the physical security of the premises in relation to which the licence is sought is not adequate having regard to:

                              (i)  the nature of the premises; or

                             (ii)  the kinds and quantity of goods that would be kept at the premises; or

                            (iii)  the procedures and methods that would be adopted by the applicant to ensure the security of goods at the premises; or

                     (h)  in relation to an application for a producer licence or dealer licence—the physical security of the storage place on the premises in relation to which the licence is sought is not adequate having regard to:

                              (i)  the nature of the storage place; or

                             (ii)  the quantity of tobacco leaf that would be kept at the storage place; or

                            (iii)  the procedures and methods that would be adopted by the applicant to ensure the security of tobacco leaf at the storage place; or

                      (i)  in relation to an application for a manufacturer licence or storage licence—the plant and equipment that would be used in relation to goods at the premises in relation to which the licence is sought are not suitable having regard to the nature of those goods and the premises; or

                    (ia)  the applicant would not have a market for goods of a kind the licence would relate to; or

                      (j)  the applicant would not be able to keep proper books of account or records to enable the CEO adequately to audit those books or records; or

                     (k)  in relation to an application for a storage licence—the grant of the licence would delay liability for duty; or

                      (l)  refusal to grant the licence is necessary to protect the revenue.

             (3)  If the application is for a producer licence or dealer licence, the Collector must not refuse to grant the licence under paragraph (2)(a), (b), (c), (d) or (f) unless the Collector is satisfied that it is necessary to refuse to grant the licence to protect the revenue.

39B  Determining whether a natural person is fit and proper

                   The Collector may, in considering whether a natural person is a fit and proper person, have regard to:

                     (a)  whether, within one year before the application was made, the person has been charged with:

                              (i)  an offence against a provision of the Excise Acts; or

                             (ii)  an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment for a period of one year or longer or by a fine of 50 penalty units or more; and

                     (b)  whether, within 10 years before the application was made, the person was convicted of:

                              (i)  an offence against a provision of the Excise Acts; or

                             (ii)  an offence against a law of the Commonwealth, of a State or of a Territory that is punishable by imprisonment for a period of one year or longer or by a fine of 50 penalty units or more; and

                   (ba)  the extent of the person’s compliance, within 4 years before the application was made, with any law administered by the CEO; and

                     (c)  whether the person has:

                              (i)  held a licence which has been cancelled; or

                             (ii)  participated in the management or control of a company that has had its licence cancelled; and

                    (ca)  the person’s financial resources; and

                     (d)  whether the person is an undischarged bankrupt; and

                     (e)  if the person is the applicant—any misleading statement made in the application by the person; and

                      (f)  if the person is the applicant and any statement by the person in the application was false—whether the person knew that the statement was false.

39C  Determining whether a company is fit and proper

                   The Collector may, in considering whether a company is a fit and proper company, have regard to:

                     (a)  whether, within one year before the application was made, the company has been charged with:

                              (i)  an offence against a provision of the Excise Acts; or

                             (ii)  an offence against a law of the Commonwealth, a State or a Territory that is punishable by a fine of 50 penalty units or more; and

                     (b)  whether, within 10 years before the application was made, the company was convicted of:

                              (i)  an offence against a provision of the Excise Acts; or

                             (ii)  an offence against a law of the Commonwealth, a State or a Territory that is punishable by a fine of 50 penalty units or more; and

                   (ba)  the extent of the company’s compliance, within 4 years before the application was made, with any law administered by the CEO; and

                     (c)  whether the company has held a licence that has been cancelled; and

                    (ca)  the company’s financial resources; and

                     (d)  whether a receiver of the property, or part of the property, of the company has been appointed; and

                     (e)  whether the company is under administration within the meaning of the Corporations Act 2001; and

                      (f)  whether the company has executed under Part 5.3A of that Law a deed of company arrangement that has not yet terminated; and

                     (h)  whether the company is being wound up.


 

Division 3Conditions and duration of licences

39D  Conditions of licence

             (1)  A licence is subject to the condition that the licence holder must, within 30 days after one of the following matters occurs, give the Collector particulars in writing of the matter:

                     (a)  one of the following persons is charged with an offence of the kind referred to in paragraph 39B(a):

                              (i)  the licence holder;

                             (ii)  where the licence holder is a partnership—a partner;

                            (iii)  where the licence holder is a company—a person who participates in the management or control of the company;

                            (iv)  a person who participates in the management or control of the premises specified in the licence;

                     (b)  a person referred to in paragraph (a) of this subsection is convicted of an offence of the kind referred to in paragraph 39B(b) or becomes bankrupt;

                     (c)  where the licence holder is a company—a person not described in the application for the licence as participating in the management or control of the company commences so to participate;

                     (d)  a person not described in the application for the licence as participating in the management or control of the premises specified in the licence commences so to participate;

                     (e)  where the licence holder is a partnership—there is a change in the membership of the partnership;

                      (f)  where the licence holder is a company—any of the following events occurs:

                              (i)  the company is charged with an offence of a kind referred to in paragraph 39C(a);

                             (ii)  the company is convicted of an offence of a kind referred to in paragraph 39C(b);

                            (iii)  a receiver of the property, or part of the property, of the company is appointed;

                            (iv)  an administrator of the company is appointed under section 436A, 436B or 436C of the Corporations Act 2001;

                             (v)  the company executes a deed of company arrangement under Part 5.3A of that Act;

                            (vi)  the company begins to be wound up;

                     (g)  in relation to a manufacturer licence or storage licence—there is a substantial change in:

                              (i)  a matter affecting the physical security of the premises specified in the licence; or

                             (ii)  the plant or equipment used in relation to goods at the premises specified in the licence;

                     (h)  in relation to a producer licence or dealer licence—there is a substantial change in a matter affecting the physical security of the storage place on the premises specified in the licence;

                      (i)  in relation to a manufacturer licence—the licence holder has ceased to manufacture excisable goods;

                      (j)  in relation to a storage licence—the licence holder has ceased to keep and store goods at the premises specified in the licence;

                     (k)  in relation to a producer licence—the licence holder has ceased to produce tobacco seed, tobacco plant and tobacco leaf;

                      (l)  in relation to a dealer licence—the licence holder has ceased to deal in tobacco seed, tobacco plant and tobacco leaf.

             (2)  A licence is subject to such other conditions (if any) as are prescribed.

             (3)  A licence is subject to such other conditions (if any) as are specified in the licence, being conditions considered by the Collector to be necessary or desirable for the protection of the revenue or for the purpose of ensuring compliance with the Excise Acts.

             (4)  The Collector may, upon application by the licence holder and upon the production of the licence and any relevant notice given under section 39DA:

                     (a)  vary or revoke a condition of the licence (other than a condition covered by subsection (1) or (2)); or

                     (b)  impose an additional condition for the licence;

by making an alteration to, or an endorsement on, the licence or notice.

39DA  Changing licence conditions on own initiative

             (1)  The Collector may, on his or her own initiative, do one or more of the following:

                     (a)  vary or revoke a condition of a licence (other than a condition covered by subsection 39D(1) or (2));

                     (b)  impose an additional condition for the licence;

by written notice given to the licence holder in accordance with subsection (3).

             (2)  The Collector must be satisfied that the variation, revocation or imposition is necessary or desirable:

                     (a)  for the protection of the revenue; or

                     (b)  for the purpose of ensuring compliance with the Excise Acts.

             (3)  The notice must:

                     (a)  state the day (which must be at least 7 days after the day the notice is served) the variation, revocation or imposition is to take effect; and

                     (b)  state that contravening a licence condition may make the licence holder liable for an offence; and

                     (c)  be:

                              (i)  served, either personally or by post, on the licence holder; or

                             (ii)  served personally on a person who, at the time of service, apparently participates in the management or control of the premises specified in the licence.

39E  Duration of licences

             (1)  A licence comes into force on the day it is granted.

             (2)  It remains in force, unless cancelled earlier, until the end of the next 30 September after the second anniversary of the day on which it is granted.

Example 1: A licence is granted on 15 October 2007. It ends on 30 September 2010.

Example 2: A licence is granted on 15 September 2007. It ends on 30 September 2009.

39F  Renewal of licences

             (1)  The Collector may, by writing, renew a licence on the written application of the licence holder.

             (2)  Where a licence is renewed, the Collector may specify conditions different from those specified in the original licence.

             (3)  The Collector may refuse to renew the licence if the Collector is satisfied that, if the licence were renewed, he or she would be entitled to cancel the licence.

Automatic extension of licence

             (4)  If the Collector has not decided an application for renewal of a licence before the end of the expiry day, the licence continues in force until the Collector decides the application.

Period of renewal

             (5)  If the Collector renews a licence, it is renewed for a period of 3 years, unless cancelled earlier, starting on the day after the expiry day.

Example:    A licence is due to expire on 30 September 2008 (the expiry day). On 1 September 2008 the licence holder applies to renew the licence. The Collector has not decided the application by the end of 30 September 2008.

                   The licence continues in force automatically past 30 September 2008 until the Collector decides the application.

                   On 15 October 2008 the Collector decides to renew the licence. The 3 year period of renewal starts on 1 October 2008.

Licence may be renewed more than once

             (6)  A licence may be renewed more than once under this section.

Definition

             (7)  In this section:

expiry day, in relation to a licence, means the 30 September on which the licence is due to expire.


 

Division 4Suspension and cancellation of licences

39G  When the Collector may suspend a licence

             (1)  Subject to subsection (2), the Collector may suspend a licence if the Collector has reasonable grounds for believing that:

                     (a)  where the licence holder is a natural person—that person is not a fit and proper person; or

                     (b)  where the licence holder is a partnership—any of the partners is not a fit and proper person; or

                     (c)  where the licence holder is a company—a director, officer or shareholder of the company who participates in the management or control of the company is not a fit and proper person; or

                     (d)  a natural person who participates in the management or control of the premises specified in the licence is not a fit and proper person; or

                     (e)  where the licence holder is a company—the company is not a fit and proper company; or

                      (f)  the licence holder is an associate (within the meaning of the Income Tax Assessment Act 1997) of a person who is not:

                              (i)  a fit and proper person; or

                             (ii)  a fit and proper company; or

                    (fa)  if the licence holder is a natural person—he or she does not have, and he or she does not have available to him or her, the skills and experience to carry out the activity that is authorised by the licence; or

                    (fb)  if the licence holder is a company—the company does not have available to it the skills and experience to carry out the activity that is authorised by the licence; or

                     (g)  in relation to a manufacturer licence or storage licence—the physical security of the premises specified in the licence is no longer adequate having regard to:

                              (i)  the nature of the premises; or

                             (ii)  the kinds and quantity of goods kept at the premises; or

                            (iii)  the procedures and methods adopted to ensure the security of goods at the premises; or

                     (h)  in relation to a producer licence or dealer licence—the physical security of the storage place on the premises specified in the licence is no longer adequate having regard to:

                              (i)  the nature of the storage place; or

                             (ii)  the quantity of tobacco leaf kept in the storage place; or

                            (iii)  the procedures and methods adopted to ensure the security of tobacco leaf at the storage place; or

                      (i)  in relation to a manufacturer licence or storage licence—the plant and equipment used at the premises specified in the licence are such that the protection of the revenue in relation to goods at the premises is inadequate; or

                    (ia)  the licence holder does not have a market for goods of a kind the licence relates to; or

                      (j)  the licence holder is not keeping proper books of account or records to enable the CEO adequately to audit those books or records; or

                     (k)  a condition of the licence has been breached; or

                      (l)  the licence holder has made a statement to the Collector that is false or misleading; or

                    (m)  it is necessary for the protection of the revenue to suspend the licence; or

                     (n)  in relation to a manufacturer licence or storage licence—it is necessary for the purpose of ensuring compliance with the Excise Acts to suspend the licence.

             (2)  If the licence is a producer licence or dealer licence, the Collector must not suspend the licence under paragraph (1)(a), (b), (c), (d) or (f) unless the Collector is satisfied that it is necessary to suspend the licence to protect the revenue.

39H  Determining whether a natural person is fit and proper

                   The Collector may, in considering whether a natural person is a fit and proper person for the purposes of paragraphs 39G(1)(a), (b), (c), (d) and (f), have regard to:

                     (a)  whether, within one year before the day of the Collector’s consideration, the person has been charged with an offence of the kind referred to in paragraph 39B(a); and

                     (b)  whether, within 10 years before the day of the Collector’s consideration, the person has been convicted of an offence of the kind referred to in paragraph 39B(b); and

                   (ba)  the extent of the person’s compliance, within 4 years before the day of the Collector’s consideration, with any law administered by the CEO; and

                   (bb)  the person’s financial resources; and

                     (c)  whether the person is an undischarged bankrupt; and

                     (d)  whether, within 10 years before the day of the Collector’s consideration, the person has:

                              (i)  held another licence which has been cancelled; or

                             (ii)  has participated in the management or control of a company that has had its licence cancelled.

39I  Determining whether a company is fit and proper

                   The Collector may, in considering whether a company is a fit and proper company for the purposes of paragraphs 39G(1)(e) and (f), have regard to:

                     (a)  whether, within one year before the day of the Collector’s consideration, the company has been charged with an offence of the kind referred to in paragraph 39C(a); and

                     (b)  whether, within 10 years before the day of the Collector’s consideration, the company is convicted of an offence of the kind referred to in paragraph 39C(b); and

                   (ba)  the extent of the company’s compliance, within 4 years before the day of the Collector’s consideration, with any law administered by the CEO; and

                   (bb)  the company’s financial resources; and

                     (c)  the matters referred to in paragraphs 39C(d) to (h).

39J  Method of suspension

             (1)  If the Collector decides to suspend a licence, the Collector must give a written notice in accordance with this section to the licence holder.

             (2)  The notice must be:

                     (a)  served, either personally or by post, on the licence holder; or

                     (b)  served personally on a person who, at the time of service, apparently participates in the management or control of the premises specified in the licence.

             (3)  The notice:

                     (a)  must state that, if the licence holder wishes to prevent the cancellation of the licence, he or she may, within 7 days after the day on which the notice was served, give to the Collector at an address specified in the notice a written statement showing cause why the licence should not be cancelled; and

                     (b)  may, if it appears to the Collector to be necessary for the protection of the revenue or for ensuring compliance with the Excise Acts, state that the licence is suspended.

             (4)  If the notice states that the licence is suspended, then the licence is suspended on and from the service of the notice.

             (5)  If the licence is suspended, the Collector:

                     (a)  may at any time revoke the suspension; and

                     (b)  if the licence has not been cancelled within 28 days after the day on which the licence was suspended—must revoke the suspension.

39K  Activities that are prohibited during suspension

             (1)  During a period in which a licence is suspended, the licence holder must not, without permission under subsection (6):

                     (a)  for a manufacturer licence—intentionally manufacture goods that are excisable goods knowing, or being reckless as to whether, they are excisable goods; and

                     (b)  for a storage licence—intentionally keep or store excisable goods at the premises specified in the licence knowing, or being reckless as to whether, they are excisable goods.

Penalty:  2 years imprisonment or the greater of:

                     (a)  500 penalty units; and

                     (b)  5 times the amount of duty that would be payable if the goods had been entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  During a period in which a licence is suspended, the licence holder must not, without permission under subsection (6):

                     (a)  for a producer licence—intentionally produce material that is tobacco seed, tobacco plant or tobacco leaf knowing, or being reckless as to whether, it is tobacco seed, tobacco plant or tobacco leaf; and

                     (b)  for a dealer licence—intentionally deal in material that is tobacco seed, tobacco plant or tobacco leaf knowing, or being reckless as to whether, it is tobacco seed, tobacco plant or tobacco leaf.

Penalty: 

                     (a)  for tobacco seed or tobacco plant—2 years imprisonment or 500 penalty units; and

                     (b)  for tobacco leaf—2 years imprisonment or the greater of:

                              (i)  500 penalty units; and

                             (ii)  5 times the amount of duty, worked out under the regulations, being the duty that would be payable if the tobacco leaf had been manufactured into excisable goods and entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (3)  During a period in which a manufacturer licence, producer licence or dealer licence is suspended, the licence holder must not, without permission under subsection (6), intentionally keep or store tobacco leaf knowing, or being reckless as to whether, it is tobacco leaf.

Penalty:  2 years imprisonment or the greater of:

                     (a)  500 penalty units; and

                     (b)  5 times the amount of duty, worked out under the regulations, being the duty that would be payable if the tobacco leaf had been manufactured into excisable goods and entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (4)  During a period in which a licence is suspended, the licence holder must not, without permission under subsection (6):

                     (a)  for a manufacturer licence—manufacture excisable goods; and

                     (b)  for a storage licence—keep or store excisable goods at the premises specified in the licence; and

                     (c)  for a producer licence—produce tobacco seed, tobacco plant or tobacco leaf; and

                     (d)  for a dealer licence—deal in tobacco seed, tobacco plant or tobacco leaf; and

                     (e)  for a manufacturer licence, producer licence or dealer licence—keep or store tobacco leaf.

Penalty:  100 penalty units.

             (5)  Strict liability applies to subsection (4).

             (6)  During a period in which the licence is suspended, the Collector may:

                     (a)  give written permission for goods to be kept or stored at the premises specified in the licence; and

                     (b)  give written permission for a process to be carried out at the premises specified in the licence; and

                     (c)  give written permission for the movement of goods from the premises specified in the licence to another place; and

                     (d)  by written notice to the owner of goods at the premises specified in the licence, require him or her to remove the goods to another place approved by the Collector; and

                     (e)  take such control of the premises specified in the licence and of any goods at the premises as may be necessary for the protection of the revenue or for ensuring compliance with the Excise Acts; and

                      (f)  by written notice to the licence holder, require the holder to pay such costs incurred by the CEO as a result of the suspension.

             (7)  If an amount that the licence holder is required to pay in accordance with a notice under paragraph (6)(f) is not paid, that amount may be recovered as a debt due to the Commonwealth by action in a court of competent jurisdiction.

39L  Cancellation of licences

             (1)  The Collector may cancel a licence if the Collector is entitled to suspend the licence under section 39G.

             (2)  The Collector must cancel a licence if the Collector:

                     (a)  receives a written notice from the licence holder requesting the Collector to cancel the licence; and

                     (b)  is satisfied that the licence holder has no tobacco seed, tobacco plant, tobacco leaf or excisable goods in his or her possession, custody or control.

             (3)  The Collector must cancel a licence under subsection (1) or (2) by written notice:

                     (a)  served, either personally or by post, on the licence holder; or

                     (b)  served personally on a person who, at the time of service, apparently participates in the management or control of the premises specified in the licence.

             (4)  If the Collector cancels the licence, the Collector must by written notice inform the owner of excisable goods at the premises specified in the licence:

                     (a)  that the owner is required, within a time specified in the notice or any further time allowed by the Collector, to:

                              (i)  pay to the Collector duty payable in respect of the goods at the premises; or

                             (ii)  remove the goods at the premises to another place in accordance with permission obtained from the Collector; and

                     (b)  that, if the owner does not comply with the requirements of the notice, the goods will be sold or otherwise disposed of.

             (5)  The notice under subsection (4) must be:

                     (a)  served, either personally or by post, on the owner of the goods; or

                     (b)  served personally on a person who, at the time of the cancellation of the licence, apparently participated in the management or control of the premises specified in the licence.

             (6)  If the owner of goods to which a notice under subsection (4) applies fails to comply with the requirements of the notice within the time specified in the notice or any further time allowed by the Collector, the Collector may sell, or otherwise dispose of, the goods.

             (7)  If the licence of a person is cancelled, the person must surrender the licence to the Collector if requested by the Collector to do so.

Penalty:  1 penalty unit.

             (8)  Strict liability applies to subsection (7).


 

Division 5Dealing with goods after cancellation etc.

39M  Removal of goods on cancellation etc. of licence

             (1)  If a licence has been cancelled, or has expired and has not been renewed, a person must not, without permission, intentionally remove from the premises that were specified in the licence any excisable goods on which duty has not been paid knowing, or being reckless as to whether, the goods are excisable goods on which duty has not been paid.

Penalty:  2 years imprisonment or the greater of:

                     (a)  500 penalty units; and

                     (b)  5 times the amount of duty that would be payable if the goods had been entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  If a licence has been cancelled, or has expired and has not been renewed, a person must not, without permission, intentionally remove from the premises that were specified in the licence material that is tobacco seed, tobacco plant or tobacco leaf knowing, or being reckless as to whether, the material is tobacco seed, tobacco plant or tobacco leaf.

Penalty: 

                     (a)  for tobacco seed or tobacco plant—2 years imprisonment or 500 penalty units; and

                     (b)  for tobacco leaf—2 years imprisonment or the greater of:

                              (i)  500 penalty units; and

                             (ii)  5 times the amount of duty, worked out under the regulations, being the duty that would be payable if the tobacco leaf had been manufactured into excisable goods and entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (3)  If a licence has been cancelled, or has expired and has not been renewed, a person must not, without permission, remove from the premises that were specified in the licence:

                     (a)  any excisable goods the duty on which has not been paid; or

                     (b)  any tobacco seed, tobacco plant or tobacco leaf.

Penalty:  100 penalty units.

             (4)  Strict liability applies to subsection (3).

39N  Removal of goods by Collector on cancellation etc. of licence

             (1)  If a licence has been cancelled, or has expired and has not been renewed, the Collector may cause:

                     (a)  any excisable goods on which duty has not been paid that are at the premises specified in the licence; and

                     (b)  any packages in which the goods are contained;

to be removed to such other place as the Collector thinks fit.

             (2)  The Collector may sell or otherwise dispose of the goods if after 6 months after removing the goods under subsection (1):

                     (a)  they are not claimed, in writing, by their owner; or

                     (b)  the duty, expenses of removal, storage rent and other storage charges (if any) on or in respect of them have not been paid.

             (3)  The duty to be paid on the excisable goods claimed under subsection (2) is to be calculated at the rate in force at the time when the duty is paid.

             (4)  This section does not apply to licences to which section 77E applies.


 

Division 6Miscellaneous

39O  Death of licence holder

                   If a licence holder dies, the licence is taken to be transferred to the person’s legal personal representative. However, the licence is taken to be automatically cancelled at the end of the 3 months after the day on which the person dies.

39P  Service of notices

                   For the purpose of the application of section 29 of the Acts Interpretation Act 1901 to the service by post of a notice under this Part on a person who holds or held a licence, such a notice posted as a letter addressed to the person at the address of the premises specified in the licence is taken to be properly addressed.

39Q  Review of decisions

                   A person or partnership who is dissatisfied with a decision of the Collector under this Part may object against it in the manner set out in Part IVC of the Taxation Administration Act 1953.

39R  Spent convictions scheme

                   Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that relieve persons in certain circumstances from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).


 

Part IVAControl of tobacco seed, plant and leaf

  

44  Permission to move tobacco seed, tobacco plant and tobacco leaf

             (1)  The Collector may give written permission to a person specified in the permission to move tobacco seed, tobacco plant or tobacco leaf from a place specified in the permission to another place so specified.

             (2)  It is a condition of a permission to move tobacco leaf that a tobacco bale label must be affixed to the tobacco leaf at all times when the tobacco leaf is not at premises specified in a manufacturer licence, producer licence or dealer licence, unless the Collector has given additional written permission that it need not have a tobacco bale label.

             (3)  Permission under subsection (1) or (2) may be given subject to the condition that the person to whom the permission is given complies with such conditions as are specified in the permission, being conditions that, in the opinion of the Collector, are necessary for the protection of the revenue or for the purpose of ensuring compliance with the Excise Acts.

             (4)  A person to whom permission has been given under this section must not intentionally act or fail to act knowing, or being reckless as to whether, the act or omission contravenes a condition under subsection (2) or specified in the permission under subsection (3).

Penalty:

                     (a)  if the permission relates to tobacco seed or tobacco plant—2 years imprisonment or 500 penalty units; and

                     (b)  if the permission relates to tobacco leaf—2 years imprisonment or the greater of:

                              (i)  500 penalty units; and

                             (ii)  5 times the amount of duty worked out under the regulations, being the duty that would be payable if the tobacco leaf had been manufactured into excisable goods and entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (5)  A person must not fail to comply with a condition under subsection (2) or specified in the permission under subsection (3).

Penalty:  100 penalty units.

             (6)  Strict liability applies to subsection (5).

             (7)  If, before the tobacco seed, tobacco plant or tobacco leaf was moved, a person to whom permission has been given under this section intentionally acts or fails to act knowing, or being reckless as to whether, the act or omission contravenes a condition specified in the permission, then, for the purposes of paragraph 116(1)(ba), the movement of the seed, plant or leaf is taken to have been moved without permission under section 44.

             (8)  A person commits an offence if:

                     (a)  the person has permission under this section to deliver tobacco seed, tobacco plant or tobacco leaf for export; and

                     (b)  the seed, plant or leaf is not exported within 30 days after the day of delivery (or, if the permission specifies a shorter or longer period, that shorter or longer period); and

                     (c)  the person fails to return the seed, plant or leaf to the place specified in a permission for the return of the goods within 5 days after the end of the 30 day period (or, if the permission mentioned in paragraph (a) specified a shorter or longer period, after the end of that shorter or longer period).

Penalty:

                     (a)  if the permission relates to tobacco seed or tobacco plant—2 years imprisonment or 500 penalty units; and

                     (b)  if the permission relates to tobacco leaf—2 years imprisonment or the greater of:

                              (i)  500 penalty units; and

                             (ii)  5 times the amount of duty worked out under the regulations, being the duty that would be payable if the tobacco leaf had been manufactured into excisable goods and entered for home consumption on the penalty day.

             (9)  Subsection (8) does not apply if the goods were destroyed before the end of the 30 day period (or if the permission specified a shorter or longer period, that shorter or longer period).

Note:          The defendant bears an evidential burden in relation to the matters in subsection (9). See subsection 13.3(3) of the Criminal Code.


 

Part VExcise supervision, manufacturers’ books, and regulation of factories generally

  

46  Supervision by officers

                   The manufacture of excisable goods shall for the protection of the revenue be subject to the right of supervision by officers.

49  Facilities to officers

                   Every licensed manufacturer shall provide all reasonable facilities for enabling officers to exercise their powers under this Act.

Penalty:  10 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

50  Record keeping

             (1)  A licensed manufacturer, licensed producer and licensed dealer, and a proprietor of an approved place, shall:

                     (a)  keep such records, and furnish to the CEO such returns, as the CEO directs;

                     (b)  retain any records so kept for such period as the CEO directs; and

                     (c)  on demand by an officer, produce the records to the officer.

Penalty:  30 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

          (1A)  Strict liability applies to subsection (1).

             (2)  An officer may inspect and take copies of, or extracts from, any records kept in pursuance of subsection (1).

51  Collector may give directions

             (1)  The Collector may give directions in writing to any licensed manufacturer directing:

                     (a)  In what parts of the factory any process in the manufacture is to be carried on.

                     (b)  In what parts of the factory material and other matters used in the manufacture and excisable goods manufactured are respectively to be kept.

And every licensed manufacturer shall comply with such directions.

Penalty:  10 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  An offence under subsection (1) is an offence of strict liability.

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

52  Weights and scales

                   Every licensed manufacturer shall at his or her own expense provide sufficient lights, correct weights and scales, and all labour necessary for weighing material received into and all excisable goods manufactured in his or her factory, and for taking stock of all material and excisable goods contained in his or her factory.

Penalty:  10 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

53  Responsibility of manufacturers

                   Every licensed manufacturer is responsible for the safe custody of all tobacco leaf and excisable goods in his or her factory and for the observance of this Act within his or her factory.


 

Part VIPayment of duty, removal of excisable goods from factories, and excise control

  

54  Liability to pay duty

             (1)  The licensed manufacturer of excisable goods, or, where the owner of excisable goods enters them for home consumption, the owner of the goods, shall pay to the Collector, in accordance with this Act, the Excise duty on those goods.

Note:          For provisions about collection and recovery of the duty, see Part 4‑15 in Schedule 1 to the Taxation Administration Act 1953.

             (2)  If the manufacture of beer involves, in whole or in part, the provision to the public at particular premises of commercial facilities and equipment for use in the production of beer at those premises, then, despite subsection (1), only the person who provides those facilities and equipment at those premises is liable to pay excise duty on the beer.

             (3)  If excisable goods are delivered to a relevant traveller (within the meaning of section 61E) under a permission under that section, then, despite subsection (1) of this section, the relevant traveller (and no‑one else) is liable to pay excise duty on the goods.

54A  Liability of Commonwealth authorities to pay Excise duty

             (1)  Subject to subsection (2), to the extent that, but for this section, an Act (whether enacted before, on or after 1 July 1989) would:

                     (a)  exempt a particular Commonwealth authority from liability to pay Excise duty; or

                     (b)  exempt a person from liability to pay Excise duty in relation to goods for use by a particular Commonwealth authority;

then, by force of this section, the exemption has no effect.

             (2)  Subsection (1) does not apply to an exemption if:

                     (a)  the provision containing the exemption is enacted after 30 June 1989; and

                     (b)  the exemption expressly refers to Excise duty (however described).

55  Transfer of partly made goods

                   Partly manufactured excisable goods may by authority be transferred from one factory to another for the purpose of completing the manufacture.

58  Entry for home consumption etc.

             (1)  Subject to subsections (2) and (4), entries may be made by the licensed manufacturer or owner and passed by an officer and may authorize the removal of excisable goods for:

                     (a)  Home consumption.

                     (b)  Removal to an approved place that is an approved place in relation to goods of all kinds or in relation to goods of the kind that are to be entered.

          (1A)  An entry in subsection (1):

                     (a)  shall be made in accordance with an approved form, or in a manner approved by the CEO;

                     (b)  shall contain such information as is required by the CEO;

                     (c)  shall be signed or authorised in a manner required by the CEO; and

                     (d)  shall be lodged with, or transmitted to, the CEO.

          (1B)  Where it is intended to export excisable goods, the exportation of those goods must be dealt with under Part VI of the Customs Act 1901, but the granting of an authority to deal with those goods under section 114C of that Act does not affect the CEO’s control over those goods in accordance with section 61 of this Act.

             (2)  Subject to subsection (3), excisable goods that are stabilised crude petroleum oil or condensate must not be entered for exportation under the Customs Act 1901 unless and until the goods:

                     (a)  have been entered for home consumption under this Act; or

                     (b)  are treated, under section 61C, as if they had been so entered.

             (3)  Subsection (2) does not apply to excisable goods that are stabilised crude petroleum oil, or condensate, obtained from prescribed petroleum, within the meaning of section 5B of the Excise Tariff Act 1921, produced from a Resource Rent Tax area as defined in that Act.

             (4)  Excisable goods that are spirit or other excisable beverage must not be entered for home consumption unless:

                     (a)  the spirit or other excisable beverage has been repackaged in containers other than bulk containers; or

                     (b)  the spirit or other excisable beverage is entered for home consumption for a purpose for which a free rate of duty applies; or

                     (c)  the CEO, by notice in writing, permits the spirit or other excisable beverage to be entered for home consumption packaged in bulk containers.

             (5)  The CEO must not permit excisable goods that are spirit or other excisable beverage to be entered for home consumption packaged in bulk containers unless:

                     (a)  the containers have a capacity of not more than 20 litres or such other volume as the CEO approves in writing; and

                     (b)  the CEO is satisfied that the spirit or other excisable beverage will not, for the purposes of retail sale, be repackaged in any other container.

             (6)  In subsections (4) and (5):

other excisable beverage means goods covered by item 2 of the Schedule to the Excise Tariff Act 1921.

59  Payment of duty

                   Subject to sections 59A and 59AA, the excise duty on excisable goods must be paid at the rate in force:

                     (a)  when the goods are delivered into home consumption under section 61C(2); or

                     (b)  when payment is made;

whichever is the earlier.

59A  Declared period quotas—effect on rates of Excise duty

             (1)  If at any time the CEO is of the opinion that, for the reason that persons are anticipating, or may anticipate, an increase in the rate of duty applicable to goods of a particular kind, the quantity of goods of that kind that may be entered for home consumption during a period is likely to be greater than it would otherwise be, the CEO may, by notice published in the Gazette, declare that that period is, for the purposes of this section, a declared period with respect to goods of that kind.

             (2)  The CEO shall, in a notice under subsection (1) declaring that a period is a declared period for the purposes of this section, specify in the notice another period, being a period ending before the commencement of the declared period, as the base period in relation to the declared period.

             (3)  Where the CEO makes a declaration under subsection (1) specifying a declared period in respect of goods of any kind, he or she may, in respect of that kind of goods, or goods of a kind included in that kind of goods, make an order in writing (in this Act referred to as a quota order) applicable to a person specified in the order, being an order that states that the person’s quota, for the declared period, in respect of goods of the kind to which the order relates is such quantity as is specified in the order or is nil, and, subject to subsection (4) and subsection 61C(6), the order comes into force forthwith.

             (4)  Where, during a declared period, a person enters goods for home consumption, being goods of a kind in respect of which there is no quota order in force that is applicable to that person for the declared period, the CEO may, before the entry is passed and whether or not the declared period has expired, make, under subsection (3), a quota order that is applicable to that person for that declared period in respect of goods of that kind, and a quota order so made shall, subject to subsection 61C(6) and unless the contrary intention appears in the order, be deemed to have come into force immediately before the time of entry of the goods.

             (5)  In making a quota order under subsection (3), or revoking or varying a quota order under section 59B, with respect to a person, the CEO shall have regard to the quantity of goods (if any) of the kind to which the order relates that, at any time or times during the period that is the base period with respect to the declared period to which the order relates or during any other period that the CEO considers relevant, the person has entered for home consumption, and to such other matters as the CEO considers relevant.

             (6)  If:

                     (a)  at any time during a declared period, a person has entered any goods (in this section referred to as the relevant goods) for home consumption, being goods of a kind in respect of which there is in force at the time of entry of the goods a quota order that states that the person’s quota in respect of goods of that kind is a quantity specified in the order;

                     (b)  the quantity of the relevant goods so entered, together with goods (if any) of that kind previously entered for home consumption by the person during the declared period, exceeds the quota; and

                     (c)  the amount of Excise duty paid or payable on the relevant goods at the rate of duty in force at the time of entry of the goods is less than the amount of duty applicable to those goods in accordance with the rate of duty in force on the day immediately following the last day of the declared period;

the rate of Excise duty payable on the relevant goods, or on so much of the relevant goods as, together with goods (if any) of that kind previously entered for home consumption by the person during the declared period, exceeds the quota, is the rate of duty in force on the day immediately following the last day of the declared period.

             (7)  If:

                     (a)  at any time during a declared period, a person has entered any goods for home consumption, being goods of a kind in respect of which there is in force at the time of entry of the goods a quota order that states that the person’s quota in respect of goods of that kind is nil; and

                     (b)  the amount of Excise duty paid or payable on those goods at the rate of duty in force at the time of entry of the goods is less than the amount of duty applicable to those goods in accordance with the rate of duty in force on the day immediately following the last day of the declared period;

the rate of Excise duty payable on the goods is the rate of duty in force on the day immediately following the last day of the declared period.

             (8)  Where, at any time during a declared period, a person enters any goods for home consumption, being goods of a kind in respect of which there is in force at the time of entry of the goods a quota order that is applicable to that person for the declared period, the CEO shall have the right, before the entry is passed, in addition to requiring Excise duty to be paid on the goods at the rate in force at that time of entry of the goods, to require and take, for the protection of the revenue in relation to any additional amount of duty that may become payable on the goods, or on a part of the goods, by virtue of the operation of subsection (6) or (7), security by way of cash deposit of an amount equal to the amount of duty payable on the goods, or on that part of the goods at the rate in force at the time of entry of the goods.

             (9)  For the purposes of this section, a person shall be deemed to have entered goods for home consumption at a particular time (in this section referred to as time of entry) if the person entered the goods, or caused the goods to be entered, for home consumption at that time or is, by virtue of subsection 61C(2), deemed to have entered the goods for home consumption at that time.

59AA  Payment of duty by relevant travellers

             (1)  Excise duty on goods payable by a relevant traveller under subsection 54(3) must be paid at the rate in force at the time the goods are taken by the relevant traveller for reporting to an officer of Customs doing duty in relation to clearance through Customs of the personal baggage of the relevant traveller.

             (2)  The excise duty is due and payable at that time.

Note:          For provisions about collection and recovery of the duty, see Part 4‑15 in Schedule 1 to the Taxation Administration Act 1953.

             (3)  In this section:

officer of Customs has the same meaning as in section 61E.

relevant traveller has the same meaning as in section 61E.

59B  Revocation and variation of quota orders

             (1)  The CEO may, by writing under his or her hand, revoke or vary a quota order at any time before:

                     (a)  the expiration of the declared period to which the quota order relates; or

                     (b)  the expiration of the period within which application may be made for the review of the quota order;

whichever last occurs.

             (2)  Where a quota order is revoked by the CEO under this section, the revocation shall be deemed to have taken effect on the day on which the order came into force.

             (3)  The revocation of a quota order under this section does not prevent the making of a further quota order that is applicable to the person to whom the revoked quota order was applicable and that has effect with respect to the declared period in respect of which the revoked quota order had effect, whether or not the kind of goods to which the further quota order relates is the same as the kind of goods to which the revoked quota order related.

             (4)  Subject to subsection (5), a variation of a quota order under this section shall, for the purposes of section 59A, be deemed to have had effect on and from the day on which the quota order came into force.

             (5)  Where:

                     (a)  a quota order applicable to a person states that the person’s quota in respect of goods of the kind to which the order relates is a quantity specified in the order; and

                     (b)  the CEO varies the order in such a way that the order specifies a lesser quantity or states that the person’s quota is nil;

the variation has effect on and from the day on which it is made.

59C  Service of quota orders etc.

                   The CEO shall, as soon as practicable after he or she makes a quota order or revokes or varies a quota order, cause a copy of the quota order or of the revocation or variation, as the case may be, to be served on the person to whom the quota order is applicable.

60  Persons to keep excisable goods safely etc.

             (1)  Where a person (including a licensed manufacturer) who has, or has been entrusted with, the possession, custody or control of excisable goods which are subject to the CEO’s control:

                     (a)  fails to keep those goods safely; or

                     (b)  when so requested by a Collector, does not account for those goods to the satisfaction of a Collector;

the person shall, on demand in writing made by a Collector, pay to the Commonwealth an amount equal to the amount of the Excise duty which would have been payable on those goods if they had been entered for home consumption 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.

          (1A)  Where:

                     (a)  excisable goods subject to the CEO’s control are, by authority of an entry passed under this Act or of a permission given under section 61A, taken from a place for removal to another place;

                     (b)  the goods are not, or part of the goods is not, delivered to that other place; and

                     (c)  when so requested by a Collector, the person who made the entry or to whom the permission was given, as the case may be, does not account for the goods, or for that part of the goods, as the case may be, to the satisfaction of a Collector;

the person shall, on demand in writing made by a Collector, pay to the Commonwealth an amount equal to the amount of the Excise duty which would have been payable on the goods, or on that part of the goods, as the case may be, if they had been entered for home consumption on the day on which the demand was made.

Note:          For provisions about collection and recovery of the amount, see Part 4‑15 in Schedule 1 to the Taxation Administration Act 1953.

          (1B)  Where:

                     (a)  excisable goods subject to the CEO’s control are, by authority of a permission given under section 61A, removed to a place other than a warehouse; and

                     (b)  the person to whom the permission was given fails to keep those goods safely or, when so requested by a Collector, does not account for the goods to the satisfaction of a Collector;

the person shall, on demand in writing made by a Collector, pay to the Commonwealth an amount equal to the amount of the Excise duty which would have been payable on those goods if they had been entered for home consumption on the day on which the demand was made.

Note:          For provisions about collection and recovery of the amount, see Part 4‑15 in Schedule 1 to the Taxation Administration Act 1953.

          (1C)  If a person (including a licensed manufacturer) has, or has been entrusted with, the possession, custody or control of excisable goods:

                     (a)  on which duty has not been paid; and

                     (b)  that have been delivered for exportation in accordance with a permission under section 61A; and

                     (c)  the person:

                              (i)  fails to keep those goods safely; or

                             (ii)  when requested by a Collector, does not satisfy the Collector that the goods have been exported and does not otherwise account for those goods to the satisfaction of the Collector;

the person must, on demand in writing made by a Collector, pay to the Commonwealth an amount equal to the amount of the excise duty which would have been payable on those goods if they had been entered for home consumption 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.

          (1D)  For the purposes of subparagraph (1C)(c)(ii), evidence that the goods were delivered for export does not constitute evidence that goods have been exported.

             (4)  This section does not affect the liability of a person arising under or by virtue of:

                     (a)  any other provision of this Act; or

                     (b)  a security given under this Act.

61  Control of excisable goods

             (1)  All excisable goods are subject to the CEO’s control until delivered for home consumption or for exportation to a place outside Australia, whichever occurs first.

             (2)  A person must not, without permission, intentionally move, alter or interfere with excisable goods that are subject to the CEO’s control knowing, or being reckless as to whether, the goods are excisable goods that are subject to the CEO’s control.

Penalty:  2 years imprisonment or the greater of:

                     (a)  500 penalty units; and

                     (b)  5 times the amount of duty that would be payable if the goods had been entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (3)  A person must not, without permission, move, alter or interfere with excisable goods that are subject to the CEO’s control.

Penalty:  100 penalty units.

             (4)  Strict liability applies to subsection (3).

61AA  Delivery for exportation

             (1)  For the purposes of this Act, excisable goods, other than goods delivered to a person under section 61D(2), are not taken to have been delivered for exportation until they are brought into a place that is a prescribed place for the purposes of paragraph 30(1)(d) of the Customs Act 1901 for export.

             (2)  For the purposes of this Act excisable goods delivered to a person under subsection 61D(2) are taken to have been delivered for exportation at the time when they are received by that person.

61A  Permission to remove goods that are subject to CEO’s control

             (1)  A Collector may give permission in writing to a person specified in the permission to remove goods of a kind specified in the permission that are subject to the CEO’s control from a place so specified to another place so specified and, until the permission is revoked, the permission is authority for the person to remove goods of that kind that are subject to the CEO’s control accordingly.

             (2)  A Collector may give permission in writing to a person specified in the permission to remove goods subject to the CEO’s control that are specified in the permission from a place so specified to another place so specified, and the permission is authority for the person to remove those goods accordingly.

       (2AA)  A Collector must not give permission under subsection (1) or (2) in circumstances prescribed by the regulations.

          (2A)  A Collector may give permission in writing to a person specified in the permission to deliver for exportation goods of a kind specified in the permission that are subject to the CEO’s control and, until the permission is revoked, the permission is authority for the person to deliver for exportation goods of that kind that are subject to the CEO’s control accordingly.

          (2B)  A Collector may give permission in writing to a person specified in the permission to deliver for exportation goods subject to the CEO’s control that are specified in the permission, and the permission is authority for the person to deliver those goods accordingly.

             (3)  Permission under subsection (1), (2), (2A) or (2B) may be given subject to the condition that the person to whom the permission is given complies with such conditions as are specified in the permission, being conditions that, in the opinion of the Collector, are necessary for the protection of the revenue or for the purpose of ensuring compliance with the Excise Acts.

             (4)  A person to whom permission has been given under this section must not intentionally act or fail to act knowing, or being reckless as to whether, the act or omission contravenes a condition specified in the permission.

Penalty:  2 years imprisonment or the greater of:

                     (a)  500 penalty units; and

                     (b)  5 times the amount of duty that would be payable if the goods had been entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (5)  If, before the goods were removed, a person to whom permission has been given under this section intentionally acts or fails to act knowing, or being reckless as to whether, the act or omission contravenes a condition specified in the permission, then, for the purposes of paragraph 116(1)(d), the removal of the goods is taken not to have been authorised by this Act.

             (6)  A person must not fail to comply with a condition specified in a permission given under this section.

Penalty:  100 penalty units.

             (7)  Strict liability applies to subsection (6).

61B  Removal of goods to a warehouse by a Collector

             (1)  Where, in accordance with an entry under section 58 or a permission under subsection 61A(1) or (2), goods are removed to a place other than a general warehouse, a Collector may, at any time before the goods cease to be subject to the CEO’s control, direct that the goods be moved from that place to a general warehouse specified by him or her and, if default is made in complying with the direction, the Collector may cause the goods to be moved to that warehouse or to any other general warehouse.

             (2)  A Collector has a lien on goods which he or she has caused to be moved to a warehouse under subsection (1) for any expenses incurred by him or her in connexion with their removal to the warehouse and for any warehouse rent and charges incurred in relation to the goods.

             (3)  In this section, general warehouse means a warehouse that is a general warehouse for the purpose of the Customs Act 1901.

61C  Permission to deliver certain goods for home consumption without entry

             (1)  A person may apply to the Collector for permission to deliver goods for home consumption without entering them for that purpose:

                     (a)  in respect of a recurring 7 day period; or

                     (b)  in respect of a calendar month if:

                              (i)  the person is a small business entity or included in a class prescribed by the regulations; or

                             (ii)  the goods to be delivered for home consumption are of a kind prescribed by the regulations.

          (1A)  If a person applies in respect of a recurring 7 day period, the person may specify in the application the 7 day period that the person wishes to use.

          (1B)  An application must be made in an approved form.

          (1C)  The Collector may, on receiving an application under subsection (1) or advice under subsection (8) or (9), by notice in writing:

                     (a)  give permission to the person to deliver for home consumption, from a place specified in the permission, goods:

                              (i)  of a kind specified in the permission; and

                             (ii)  subject to the CEO’s control;

                            even though an entry of the goods for home consumption has not been made and passed under this Act; or

                     (b)  refuse to give such a permission and set out in the notice the reasons for so refusing.

          (1D)  If a permission is to apply in respect of a 7 day period, the notice must specify:

                     (a)  the 7 day period for which permission is given; and

                     (b)  the first day of the 7 day period from which permission is given.

          (1E)  If a permission is to apply in respect of a calendar month, the notice must specify the calendar month from which permission is given.

             (2)  Goods delivered for home consumption by authority of a permission given under subsection (1C) shall, for the purposes of this Act, be deemed to be entered for home consumption on the day on which they are so delivered.

             (3)  A permission given under subsection (1C) is subject to the following conditions:

                     (a)  if the person’s permission applies in respect of a 7 day period and specifies goods other than gaseous fuel—the condition that, to the extent that the permission relates to goods other than gaseous fuel, the person give the Collector a return, in an approved form, on the first business day following the end of each 7 day period, providing particulars in relation to the goods that have, during the period to which the return relates, been delivered into home consumption under the permission;

                     (b)  if the person’s permission applies in respect of a 7 day period and specifies gaseous fuel—the condition that, to the extent that the permission relates to gaseous fuel, the person give the Collector a return, in an approved form, on or before the sixth business day following the end of each 7 day period, providing particulars in relation to the gaseous fuel that has, during the period to which the return relates, been delivered into home consumption under the permission;

                     (c)  if the person is a small business entity and the person’s permission applies in respect of a calendar month—the condition that the person give the Collector a return, in an approved form, on or before the 21st day of each calendar month, providing particulars in relation to the goods that have, during the previous calendar month, been delivered into home consumption under the permission;

                     (d)  if a person is included in a class mentioned in subparagraph (1)(b)(i) or has permission to enter goods of a kind mentioned in subparagraph (1)(b)(ii) in respect of a calendar month—any condition prescribed by the regulations;

                     (e)  if a person ceases to be a small business entity—the condition that the person advise the Collector, in writing, of that fact as soon as practicable after ceasing to be a small business entity;

                      (f)  if a person ceases to be included in a class mentioned in subparagraph (1)(b)(i)—the condition that the person advise the Collector, in writing, of that fact as soon as practicable after ceasing to be included in that class;

                     (g)  the condition that, at the time when each return is given to the Collector, the person pay any duty owing at the rate applicable when the goods were delivered into home consumption;

                     (h)  any other condition, specified in the permission, that, in the opinion of the Collector, is necessary for the protection of the revenue or for the purpose of ensuring compliance with the Excise Acts.

          (3A)  Despite paragraphs (3)(a), (b), (c) and (d), the Collector may determine different conditions for giving the Collector a return if:

                     (a)  a person does not have any duty liability; or

                     (b)  subsection (8) or (9) applies.

             (4)  A person to whom permission has been given under this section must not intentionally act or fail to act knowing, or being reckless as to whether, the act or omission contravenes a requirement specified in the permission.

Penalty:  2 years imprisonment or the greater of:

                     (a)  500 penalty units; and

                     (b)  5 times the amount of duty that would be payable if the goods had been entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

          (4A)  If, before the goods were removed, a person to whom permission has been given under this section intentionally acts or fails to act knowing, or being reckless as to whether, the act or omission contravenes a requirement specified in the permission, then, for the purposes of paragraph 116(1)(d), the removal of the goods is taken not to have been authorised by this Act.

          (4B)  A person must not fail to comply with a requirement specified in a permission given under this section.

Penalty:  100 penalty units.

          (4C)  Strict liability applies to subsection (4B).

             (5)  Subject to subsection (6), a permission given under subsection (1C) does not authorize the delivery of goods in respect of which a quota order under subsection 59A(3) is in force at any time if the CEO would have the right under subsection 59A(8), if the goods were entered for home consumption under section 58 at that time, to take security with respect to the goods for the protection of the revenue.

             (6)  For the purposes of subsection (5), a quota order, or a variation of a quota order, shall be deemed not to be in force unless it has been served on the person to whom the quota order applies or has otherwise been brought to the notice of that person.

             (7)  If the Collector is satisfied that a person to whom a permission has been given under subsection (1C) has failed to comply with any condition to which the permission is subject, the Collector may, at any time while the permission remains in force, by notice in writing, revoke the permission. The notice must set out the reasons for the revocation.

             (8)  If:

                     (a)  a person is a small business entity or included in a class mentioned in subparagraph (1)(b)(i); and

                     (b)  the person’s permission applies in respect of a calendar month; and

                     (c)  the person advises the Collector, in writing, that the person ceases to be a small business entity or included in a class mentioned in subparagraph (1)(b)(i);

the Collector must, by notice in writing:

                     (d)  revoke the permission with effect from a specified day; and

                     (e)  give another permission under subsection (1C) in respect of a 7 day period.

             (9)  If a person advises the Collector, in writing, that the person wishes to change the period in respect of which their permission applies, the Collector may, by notice in writing:

                     (a)  revoke the permission with effect from a specified day; and

                     (b)  give another permission under subsection (1C) in respect of another period.

           (10)  Subsections (7) to (9) do not, by implication, limit the application of subsections 33(3) and (3AA) of the Acts Interpretation Act 1901.

61D  Outwards duty free shops

             (1)  In this section:

international flight means a flight, whether direct or indirect, by an aircraft between a place in Australia from which the aircraft takes off and a place outside Australia at which the aircraft lands or is intended to land.

international voyage means a voyage, whether direct or indirect, by a ship between a place in Australia and a place outside Australia.

outwards duty free shop means a warehouse in respect of which the relevant warehouse licence authorises the sale in the warehouse of goods to relevant travellers.

proprietor, in relation to an outwards duty free shop, means the holder of the warehouse licence that relates to the outwards duty free shop.

relevant traveller means a person:

                     (a)  who intends to make an international flight, whether as a passenger on, or as a pilot or member of the crew of, an aircraft; or

                     (b)  who intends to make an international voyage, whether as a passenger on, or as the master or a member of the crew of, a ship.

warehouse licence has the same meaning as it has in the Customs Act 1901.

             (2)  Subject to the regulations (if any), a Collector may give permission, in accordance with subsection (3), for excisable goods that are specified in the permission, are subject to the CEO’s control and are sold to a relevant traveller in an outwards duty free shop that is specified in the permission to be:

                     (a)  delivered to the relevant traveller personally for exportation by him or her when making the international flight or voyage in relation to which he or she is a relevant traveller; and

                     (b)  exported by the relevant traveller when making that flight or voyage without the goods having been entered for exportation;

and, subject to subsection (13), the permission is authority for such goods to be so delivered and so exported.

             (3)  Permission under subsection (2) is given in accordance with this subsection if it is in writing and is delivered to the proprietor of the outwards duty free shop to which the permission relates.

             (4)  Permission under subsection (2) may relate to particular goods, all goods, goods included in a specified class or classes of goods or goods other than goods included in a specified class or classes of goods.

             (5)  Without limiting the matters that may be prescribed in regulations referred to in subsection (2), those regulations:

                     (a)  may prescribe circumstances in which permission under that subsection may be given;

                     (b)  may prescribe matters to be taken into account by a Collector when deciding whether to give permission under that subsection; and

                     (c)  may prescribe conditions to which a permission under that subsection is to be subject.

             (6)  A Collector may, when giving permission under subsection (2) or at any time while a permission under that subsection is in force, impose conditions to which the permission is to be subject, being conditions that, in the opinion of the Collector, are necessary for the protection of the revenue or for the purpose of ensuring compliance with the Excise Acts and may, at any time, revoke, suspend or vary, or cancel a suspension of, a condition so imposed.

             (7)  Without limiting the generality of paragraph (5)(c) or subsection (6), a condition referred to in that paragraph or that subsection to which a permission is to be subject may be:

                     (a)  a condition to be complied with by the proprietor of the outwards duty free shop to which the permission relates or by relevant travellers to whom goods to which the permission relates are sold;

                     (b)  a condition that the permission only applies to sales to relevant travellers who comply with a prescribed requirement or requirements, which may be, or include, a requirement that relevant travellers produce to the proprietor of the outwards duty free shop to which the permission relates or to a servant or agent of that proprietor a ticket or other document, being a document approved by a Collector for the purposes of this paragraph, showing that the relevant traveller is entitled to make the international flight or voyage in relation to which he or she is a relevant traveller; or

                     (c)  a condition that the proprietor of the outwards duty free shop to which the permission relates will keep records specified in the regulations and will notify a Collector of all sales made by him or her to which the permission applies.

             (8)  A condition imposed in respect of a permission under subsection (6) or a revocation, suspension or variation, or a cancellation of a suspension, of such a condition takes effect when notice, in writing, of the condition or of the revocation, suspension or variation, or of the cancellation of the suspension, is served on the proprietor of the outwards duty free shop to which it relates, or at such later time (if any) as is specified in the notice, but does not have effect in relation to any goods delivered to a relevant traveller before the notice was served.

             (9)  A condition imposed in respect of a permission under paragraph (5)(c) or subsection (6) or a revocation, suspension or variation, or a cancellation of a suspension, of a condition under subsection (6) may relate to all goods to which the permission relates or to particular goods to which the permission relates and may apply either generally or in particular circumstances.

           (10)  A permission under subsection (2) is subject to:

                     (a)  the condition that the proprietor of the outwards duty free shop to which the permission relates will ensure that relevant travellers to whom goods are delivered in accordance with the permission are aware of any conditions of the permission with which they are required to comply; and

                     (b)  the condition that that proprietor will provide a Collector with proof, in a prescribed way and within a prescribed time, of the export of goods delivered to a relevant traveller in accordance with the permission.

           (11)  If a person who is required to comply with a condition imposed in respect of a permission under subsection (2) fails to comply with the condition, he or she is guilty of an offence against this Act punishable upon conviction by a penalty not exceeding 50 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

        (11A)  An offence under subsection (11) is an offence of strict liability.

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

           (12)  Where the proprietor of an outwards duty free shop to which a permission under subsection (2) relates does not produce the proof required by paragraph (10)(b) that goods delivered by him or her to a relevant traveller in accordance with the permission have been exported by that traveller, the goods shall be deemed to have been entered, and delivered, for home consumption by the proprietor, as owner of the goods, on the day on which the goods were delivered to that traveller.

           (13)  A Collector may, in accordance with the regulations, revoke a permission given under subsection (2) in relation to the sale of goods occurring after the revocation.

           (14)  Where a Collector makes a decision under subsection (2) refusing to give permission to the proprietor of an outwards duty free shop or under subsection (13) revoking a permission given under subsection (2), the Collector shall cause to be served, either personally or by post, on the proprietor of the shop, a notice in writing setting out the Collector’s findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision.

61E  Inwards duty free shops

             (1)  In this section:

airport shop goods has the same meaning as in the Customs Act 1901.

international flight means a flight, whether direct or indirect, by an aircraft between a place outside Australia from which the aircraft took off and a place in Australia at which the aircraft landed.

inwards duty free shop means a warehouse in respect of which the relevant warehouse licence authorises the sale in the warehouse of airport shop goods to relevant travellers.

officer of Customs means a person:

                     (a)  employed in Customs; or

                     (b)  authorised in writing by the Chief Executive Officer of Customs under the Customs Act 1901 to perform all of the functions of an officer of Customs.

place outside Australia does not include:

                     (a)  a ship, or an area of waters, outside Australia;

                     (b)  an installation outside Australia; or

                     (c)  a reef or an uninhabited island, outside Australia.

proprietor, in relation to an inwards duty free shop, means the holder of the warehouse licence that relates to the inwards duty free shop.

relevant goods means goods that are both:

                     (a)  excisable goods; and

                     (b)  airport shop goods.

relevant traveller means a person who:

                     (a)  has arrived in Australia on an international flight, whether as a passenger on, or as the pilot or a member of the crew of, an aircraft; and

                     (b)  has not been questioned, for the purposes of the Customs Act 1901, by an officer of Customs in respect of goods carried on that flight.

             (2)  Subject to the regulations (if any), a Collector may give permission, in accordance with subsection (3), for relevant goods that are specified in the permission and are sold to a relevant traveller in an inwards duty free shop that is specified in the permission to be:

                     (a)  delivered to the relevant traveller; and

                     (b)  taken by the relevant traveller for reporting to an officer of Customs doing duty in relation to clearance through Customs of the personal baggage of the relevant traveller.

             (3)  Permission under subsection (2) is given in accordance with this subsection if it is in writing and is delivered to the proprietor of the inwards duty free shop to which the permission relates.

             (4)  Without limiting the matters that may be prescribed in regulations referred to in subsection (2), those regulations:

                     (a)  may prescribe circumstances in which permission under that subsection may be given;

                     (b)  may prescribe matters to be taken into account by a Collector when deciding whether to give permission under that subsection; and

                     (c)  may prescribe conditions to which a permission under that subsection is to be subject.

             (5)  A Collector may, when giving permission under subsection (2) or at any time while a permission under that subsection is in force, impose conditions to which the permission is to be subject, being conditions that, in the opinion of the Collector, are necessary for the protection of the revenue or for the purpose of ensuring compliance with the Excise Acts and may, at any time, revoke, suspend or vary, or cancel a suspension of, a condition so imposed.

             (6)  Without limiting the generality of paragraph (4)(c) or subsection (5), a condition referred to in that paragraph or that subsection to which a permission is to be subject may be:

                     (a)  a condition to be complied with by the proprietor of the inwards duty free shop to which the permission relates or by relevant travellers to whom goods to which the permission relates are sold; or

                     (b)  a condition that the proprietor of the inwards duty free shop to which the permission relates will keep records specified in the regulations.

             (7)  A condition imposed in respect of a permission under subsection (5) or a revocation, suspension or variation, or a cancellation of a suspension, of such a condition takes effect when notice, in writing, of the condition or of the revocation, suspension or variation, or of the cancellation of the suspension, is served on the proprietor of the inwards duty free shop to which it relates, or at such later time (if any) as is specified in the notice, but does not have effect in relation to any goods delivered to a relevant traveller before the notice was served.

             (8)  A condition imposed in respect of a permission under paragraph (4)(c) or subsection (5) or a revocation, suspension or variation, or a cancellation of a suspension, of a condition under subsection (5) may relate to all goods to which the permission relates or to particular goods to which the permission relates and may apply either generally or in particular circumstances.

             (9)  A permission under subsection (2) is subject to the condition that the proprietor of the inwards duty free shop to which the permission relates will ensure that relevant travellers to whom goods are delivered in accordance with the permission are aware of any conditions of the permission with which they are required to comply.

           (10)  If a person who is required to comply with a condition imposed in respect of a permission under subsection (2) fails to comply with the condition, the person is guilty of an offence against this Act punishable upon conviction by a fine not exceeding 50 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

        (10A)  An offence under subsection (10) is an offence of strict liability.

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

           (11)  A Collector may, in accordance with the regulations, revoke a permission given under subsection (2) in relation to the sale of goods occurring after the revocation.

           (12)  Where a Collector makes a decision under subsection (2) refusing to give permission to the proprietor of an inwards duty free shop or under subsection (11) revoking a permission given under subsection (2), the Collector shall cause to be served, either personally or by post, on the proprietor of the shop, a notice in writing setting out the Collector’s findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision.

62  Deficiency in duty

                   Whenever, in relation to any factory, it appears, on taking stock of excisable goods manufactured and material by an officer, that duty has not been paid on the full quantity of excisable goods on which duty ought to have been paid, the licensed manufacturer shall forthwith pay to the Collector the amount of the deficiency unless such deficiency is accounted for to the satisfaction of the Collector.

63  Power to prescribe scales for calculating quantities of excisable goods produced

                   For the purpose of calculating the full quantity of excisable goods which have been produced in a factory scales may be prescribed showing the quantity of excisable goods which shall be deemed to have been produced from a given quantity of material, and the quantity of fully manufactured excisable goods which shall be deemed to have been produced from a given quantity of partly manufactured excisable goods.

64  Delivery of samples free of duty

                   Small samples of goods subject to the CEO’s control may, with the approval of a Collector, be delivered for home consumption without entry of the samples for home consumption and without payment of duty on the samples.

65  Rules for working out the volume or weight etc. of excisable goods

Making of rules

             (1)  The CEO may, by legislative instrument, determine rules for working out one or more of the following:

                     (a)  the volume of excisable goods;

                     (b)  the weight of excisable goods;

                     (c)  the percentage by volume of alcohol in excisable goods;

                     (d)  the energy content of excisable goods.

Note:          The rules may make different provision with respect to different matters or different classes of matters (see subsection 33(3A) of the Acts Interpretation Act 1901).

             (2)  The rules may, for example:

                     (a)  specify sampling methods; and

                     (b)  permit minor variations between:

                              (i)  the nominated or labelled volume of excisable goods and the actual volume of the goods; or

                             (ii)  the nominated or labelled weight of excisable goods and the actual weight of the goods; or

                            (iii)  the nominated or labelled volume of alcohol in excisable goods and the actual volume of alcohol in the goods;

                            so as to provide for unavoidable variations directly attributable to the manufacturing process.

Application of rules

             (3)  The rules apply to excisable goods entered for home consumption on or after the time when the rules take effect.

Note:          Section 12 of the Legislative Instruments Act 2003 deals with when a legislative instrument takes effect.


 

Part VIISpecial provisions relating to tobacco

  

68  Exemption

                   No person shall be deemed to manufacture merely because he or she cures tobacco leaf as stripped from the plant so as to convert it into leaf tobacco.

75  Destruction of waste tobacco

                   Excisable goods consisting of stalks, refuse, clippings or waste arising from the manufacture of tobacco in a factory may, by authority, be removed from the factory for destruction.

76  Limitation of amount of moisture in tobacco

             (1)  No licensed manufacturer shall have in his or her factory any manufactured tobacco containing more than 30% of moisture.

Penalty:  10 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  An offence under subsection (1) is an offence of strict liability.

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

77  How moisture determined

                   Any manufactured tobacco which on being dried at a temperature of 100 degrees Celsius is decreased in weight by more than 30% shall be deemed to have contained more than 30% of moisture.

77AA  Tobacco leaf stock may be checked

             (1)  If a person has or had possession, custody or control of tobacco leaf, a Collector may request, in writing, the person to account for the tobacco leaf.

Payment of duty equivalent

             (2)  If the person does not account for the tobacco leaf to the satisfaction of the Collector, the person must, on demand in writing made by a Collector, pay to the Commonwealth an amount equal to the amount of the duty that would have been payable on the deficient tobacco leaf if:

                     (a)  it had been manufactured into excisable goods classified to subitem 5.5 of the Schedule to the Excise Tariff Act 1921; and

                     (b)  it had been entered for home consumption 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)  In subsection (2):

deficient tobacco leaf means the weight, in kilograms, of the tobacco leaf that has not been accounted for to the satisfaction of the Collector who made the request.

No effect on other liabilities

             (4)  This section does not affect the liability of a person arising under or because of:

                     (a)  any other provision of this Act; or

                     (b)  a security given under this Act.

Request or demand not a legislative instrument

             (5)  The following are not legislative instruments:

                     (a)  a request under subsection (1);

                     (b)  a demand under subsection (2).


 

Part VIIASpecial provisions relating to alcoholic beverages

  

77A  Definitions

                   In this Part:

alcoholic beverage means goods classified to item 1 or 2, or subitem 3.1, 3.2 or 3.10, of the Schedule to the Excise Tariff Act 1921.

brewery means a factory in respect of which a person is licensed to manufacture beer.

brewery licence means a licence to manufacture beer.

77D  Spoilt beer

                   Where beer that is unfit for human consumption is sold for manufacturing purposes, it may, with permission, be removed from a brewery, without entry for home consumption and without payment of duty, in containers marked “Spoilt beer”.

77E  Removal of beer when licence ceases to be in force etc.

                   Where a brewery licence has been cancelled, or has expired and has not been renewed, a person shall not, except with permission, remove or cause to be removed from the premises that constituted the brewery to which the licence related any beer the duty on which has not been paid.

Penalty:  50 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

77F  Disposal of beer by Collector on cancellation etc. of licence

             (1)  Where, at the expiration of one month after a brewery licence has been cancelled, or at the expiration of one month after a brewery licence has expired (being a licence that has not been renewed), beer on which duty has not been paid remains on the premises that constituted the brewery to which the licence related, the Collector may sell the beer and any containers and packages in which it is contained.

             (2)  If, in the opinion of the Collector, any such beer is unsaleable or is unlikely to realize on sale an amount equal to the duty payable on it together with the expenses of its removal, storage and sale, the Collector may destroy it.

             (3)  For the purposes of exercising his or her powers under subsection (1) or (2), the Collector may, after the expiration of the period referred to in subsection (1), cause the beer, and any containers and packages in which it is contained, to be removed from the premises referred to in that subsection to such other place as the Collector thinks fit.

77FA  Excise duty to be paid according to labelled alcoholic strength of certain beverages

             (1)  If:

                     (a)  an alcoholic beverage is entered for home consumption; and

                     (b)  the percentage by volume of the alcoholic content of the alcoholic beverage indicated on the label of the beverage exceeds the actual percentage by volume of the alcoholic content of the beverage;

excise duty is to be charged according to the percentage by volume of alcoholic content indicated on the label.

             (2)  If the manufacturer of an alcoholic beverage of a particular kind enters the beverage for home consumption in a labelled form and also in an unlabelled form, then, for the purposes of subsection (1), alcoholic beverage of that kind that is entered for home consumption in an unlabelled form is to be treated as if it had been labelled by the manufacturer as having the same percentage by volume of alcoholic content as alcoholic beverage of that kind entered for home consumption by the manufacturer in a labelled form.

77FC  Repackaged beer

                   If:

                     (a)  beer classified to subitem 1.2, 1.6 or 1.11 of the Schedule to the Excise Tariff Act 1921 is delivered for home consumption (beer packaged in an individual container exceeding 48 litres); and

                     (b)  the beer is repackaged into sealed individual containers not exceeding 48 litres;

then, for the purposes of this Act, that repackaging is taken to be the manufacture of beer.

Note:          Subitems 1.1, 1.5 and 1.10 of that Schedule set out the rates of duty for beer packaged in individual containers not exceeding 48 litres.


 

Part VIIAASpecial provisions relating to spirits

  

77FD  Spirit for fortifying Australian wine or Australian grape must

Grant of approval

             (1)  For the purposes of subitem 3.5 of the Schedule to the Excise Tariff Act 1921, the CEO may grant a person a written approval to use spirit for fortifying Australian wine or Australian grape must.

             (2)  The approval must be for:

                     (a)  the use of a one‑off specified quantity of spirit; or

                     (b)  the use of a specified quantity of spirit in a calendar month or a calendar year.

Note:          See also section 77FH (about payment of duty equivalent if the spirit is not used for the approved purpose).

Conditions

             (3)  The CEO must specify in an approval any conditions to which the approval is subject.

Approval not a legislative instrument

             (4)  An approval under subsection (1) is not a legislative instrument.

77FE  Spirit for an industrial, manufacturing, scientific, medical, veterinary or educational purpose—class determinations

             (1)  The CEO may, by legislative instrument, determine a class of persons for the purposes of subitem 3.6 of the Schedule to the Excise Tariff Act 1921.

             (2)  For the purposes of that subitem, the determination may also specify a quantity of spirit that a person included in the class may use in a calendar month or a calendar year.

Note:          See also section 77FH (about payment of duty equivalent if spirit is delivered to a person included in such a class and the person does not use the spirit for an industrial, manufacturing, scientific, medical, veterinary or educational purpose).

77FF  Spirit for an industrial, manufacturing, scientific, medical, veterinary or educational purpose—specific approvals

Grant of approval

             (1)  For the purposes of subitem 3.7 of the Schedule to the Excise Tariff Act 1921, the CEO may grant a person a written approval to use spirit for a specified industrial, manufacturing, scientific, medical, veterinary or educational purpose.

             (2)  The approval must be for:

                     (a)  the use of a one‑off specified quantity of spirit; or

                     (b)  the use of a specified quantity of spirit in a calendar month or a calendar year.

Note:          See also section 77FH (about payment of duty equivalent if the spirit is not used for the approved purpose).

Conditions

             (3)  The CEO must specify in an approval any conditions to which the approval is subject.

Approval not a legislative instrument

             (4)  An approval under subsection (1) is not a legislative instrument.

Guidelines

             (5)  The CEO must, by legislative instrument, develop guidelines that he or she must have regard to when deciding whether or not to grant an approval under subsection (1).

77FG  Denatured spirits

             (1)  For the purposes of subitem 3.8 of the Schedule to the Excise Tariff Act 1921, the CEO may, by legislative instrument, determine a formula for the denaturing of spirits.

             (2)  The CEO must give the greatest weight to the protection of the revenue in determining a formula under subsection (1).

77FH  When an amount is payable on spirit covered by section 77FD, 77FE or 77FF

             (1)  If spirit classified to subitem 3.5 or 3.7 of the Schedule to the Excise Tariff Act 1921 is delivered for home consumption, a Collector may request, in writing, the person holding the approval concerned to account to the satisfaction of the Collector that the spirit has been used for the purpose specified in the approval.

             (2)  If spirit classified to subitem 3.6 of the Schedule to the Excise Tariff Act 1921 is:

                     (a)  delivered for home consumption; and

                     (b)  delivered to a person who is included in a class determined under section 77FE of this Act;

a Collector may request, in writing, the person to account to the satisfaction of the Collector that the spirit has been used for an industrial, manufacturing, scientific, medical, veterinary or educational purpose.

Payment of duty equivalent

             (3)  If a person does not account as requested under subsection (1) or (2), the person must, on demand in writing made by a Collector, pay to the Commonwealth an amount equal to the amount of the duty that would have been payable on the spirit if:

                     (a)  there had been no approval or determination (as the case requires); and

                     (b)  the spirit had been entered for home consumption on the day on which the Collector made the demand.

Note 1:       Subitems 3.1, 3.2 and 3.10 of the Schedule to the Excise Tariff Act 1921 set out the non‑free rates of duty for spirit.

Note 2:       For provisions about collection and recovery of the amount, see Part 4‑15 in Schedule 1 to the Taxation Administration Act 1953.

No effect on other liabilities

             (4)  This section does not affect the liability of a person arising under or because of:

                     (a)  any other provision of this Act; or

                     (b)  a security given under this Act.

Request or demand not a legislative instrument

             (5)  The following are not legislative instruments:

                     (a)  a request under subsection (1) or (2);

                     (b)  a demand under subsection (3).

77FI  Delivery from CEO’s control of brandy, whisky or rum

             (1)  Brandy, whisky or rum manufactured in Australia must not be delivered from the CEO’s control unless it has been matured by storage in wood for at least 2 years.

             (2)  In this section:

brandy means a spirit distilled from grape wine in such a manner that the spirit possesses the taste, aroma and other characteristics generally attributed to brandy.

grape wine has the same meaning as in Subdivision 31‑A of the A New Tax System (Wine Equalisation Tax) Act 1999.

rum means a spirit obtained by the distillation of a fermented liquor derived from the products of sugar cane, being distillation carried out in such a manner that the spirit possesses the taste, aroma and other characteristics generally attributed to rum.

whisky means a spirit obtained by the distillation of a fermented liquor of a mash of cereal grain in such a manner that the spirit possesses the taste, aroma and other characteristics generally attributed to whisky.

77FJ  Person must not abstract denaturing substances in spirit classified to subitem 3.8

             (1)  A person commits an offence if:

                     (a)  spirit classified to subitem 3.8 of the Schedule to the Excise Tariff Act 1921 is delivered for home consumption; and

                     (b)  the person abstracts the whole or a part of a denaturing substance from the spirit; and

                     (c)  the person has not been given permission by the CEO to abstract the whole or the part of the denaturing substance.

Penalty:  50 penalty units.

             (2)  The CEO may, in writing, give a person permission to abstract the whole or a part of a denaturing substance for the purposes of paragraph (1)(c).

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

77FK  Offence in relation to stills

             (1)  A person commits an offence if:

                     (a)  the person does any of the following things:

                              (i)  makes or commences to make any still;

                             (ii)  removes, sets up or erects any still;

                            (iii)  sells or otherwise disposes of, or purchases or otherwise acquires any still, either by itself or with other property, or as part of any premises;

                            (iv)  imports any still;

                             (v)  has possession, custody or control of any still; and

                     (b)  the still is of a capacity exceeding 5 litres; and

                     (c)  the person is not a licensed manufacturer; and

                     (d)  the person has not been given permission by the CEO to do the thing.

Penalty:  50 penalty units.

             (2)  Subsection (1) does not apply to an act done by an officer in the course of performing a function or exercising a power under this Act or the Excise Tariff Act 1921.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  The CEO may, in writing, give a person permission to do a thing mentioned in paragraph (1)(a).

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

77FL  Offence in relation to describing spirits as “old” or “very old”

             (1)  A person commits an offence if the person:

                     (a)  does either of the following:

                              (i)  describes any spirit as “old”, or in a way which could reasonably lead to the belief that the spirit has been matured for at least 5 years;

                             (ii)  describes any spirit as “very old”, or in a way which could reasonably lead to the belief that the spirit has been matured for at least 10 years; and

                     (b)  does so in relation to trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories.

Penalty:  10 penalty units.

             (2)  Subparagraph (1)(a)(i) does not apply if the spirit has been matured by storage in wood for at least 5 years.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Subparagraph (1)(a)(ii) does not apply if the spirit has been matured by storage in wood for at least 10 years.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

             (4)  Absolute liability applies to paragraph (1)(b).

77FM  Spirit blending is to be treated as manufacture

             (1)  Subject to subsection (2), for greater certainty so far as concerns the application of the provisions of this Act, spirit blending to produce spirit is taken to constitute the manufacture of that spirit.

             (2)  For the purposes of this Act, spirit blending to produce spirit is taken not to constitute the manufacture of that spirit if the spirit blending occurred in circumstances specified in an instrument under subsection (3).

             (3)  The CEO may, by legislative instrument, specify circumstances for the purposes of subsection (2).

             (4)  Subsection (1) does not imply that, in the absence of such a provision, the blending of substances (whether spirit or not) would not constitute the manufacture of the substance produced by the blending.


 

Part VIIBSpecial provisions relating to fuel

  

77G  Fuel blending is to be treated as manufacture

             (1)  For greater certainty so far as concerns the application of the provisions of this Act, fuel blending to produce goods covered by paragraph 10(g) of the Schedule to the Excise Tariff Act 1921 is taken to constitute the manufacture of those goods.

             (2)  Subsection (1) does not imply that, in the absence of such a provision, the blending of substances (whether fuel products or not) would not constitute the manufacture of the substance produced by the blending.

             (3)  In this section:

fuel product means:

                     (a)  any excisable goods classified to item 10, 15, 20 or 21 of the Schedule to the Excise Tariff Act 1921; or

                     (b)  any imported goods that would be classified to item 10 or 15 of that Schedule if they were manufactured in Australia.

77H  Blending exemptions

             (1)  Goods that are the product of the blending of 1 or more eligible goods (with or without other substances) are taken not to be goods covered by paragraph 10(g) of the Schedule to the Excise Tariff Act 1921 if:

                     (a)  excise duty or a duty of Customs has been paid at the same rate on all the eligible goods and the other substances (if any); or

                     (b)  the goods are covered by a determination in force under subsection 95‑5(1) of the Fuel Tax Act 2006.

             (2)  However, subsection (1) does not apply if any of the eligible goods or other substances on which excise duty or a duty of Customs has been paid are:

                     (a)  denatured ethanol for use as fuel in an internal combustion engine; or

                     (b)  biodiesel; or

                     (c)  taxable fuel for which any entity has been entitled to a fuel tax credit under the Fuel Tax Act 2006.

Blends of a relevant fuel that is not subject to remission

          (2A)  Goods that are the product of the blending of amounts of one kind of relevant fuel are taken not to be goods covered by paragraph 10(g) of the Schedule to the Excise Tariff Act 1921 if both of the following apply:

                     (a)  none of the amounts of the relevant fuel are subject to a remission (either in full or in part) of excise duty or a duty of Customs;

                     (b)  excise duty or a duty of Customs that is payable on the amounts of the relevant fuel has been paid.

Blends of LPG or liquefied natural gas that is subject to remission or not subject to duty

          (2B)  Goods that are the product of the blending of amounts of one kind of relevant fuel that is either LPG or liquefied natural gas are taken not to be goods covered by paragraph 10(g) of the Schedule to the Excise Tariff Act 1921 if, for each amount in the blend, either of the following applies to the amount:

                     (a)  the amount is subject to a remission (whether in full or in part) of excise duty or a duty of Customs on the grounds that the amount is not used, or intended for use, in an internal combustion engine in either a motor vehicle or a vessel;

                     (b)  the amount is not subject to excise duty or a duty of Customs because the amount was manufactured, produced or imported before 1 December 2011.

Legislative instrument

             (3)  Goods that are the product of the blending of 1 or more eligible goods (with or without other substances) are taken not to be goods covered by paragraph 10(g) of the Schedule to the Excise Tariff Act 1921 if the circumstances specified in an instrument under subsection (4) exist.

             (4)  The CEO may, by legislative instrument, specify circumstances for the purposes of subsection (3).

Definitions

             (5)  In this section:

eligible goods means goods covered by paragraph 10(a), (b), (c), (d), (da), (db), (dc), (e) or (f) of the Schedule to the Excise Tariff Act 1921.

relevant fuel means:

                     (a)  gasoline for use in aircraft; or

                     (b)  kerosene for use in aircraft; or

                     (c)  LPG; or

                     (d)  liquefied natural gas; or

                     (e)  compressed natural gas that is classified to subitem 10.19C of the Schedule to the Excise Tariff Act 1921.

77HA  Compressed natural gas that is exempt from excise duty

             (1)  Compressed natural gas is exempt from excise duty if any of the following apply:

                     (a)  the gas was compressed for use other than as a fuel for a motor vehicle;

                     (b)  the gas was compressed other than in the course of carrying on an enterprise (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999);

                     (c)  the gas was compressed for use as a fuel for a motor vehicle that:

                              (i)  is designed merely to move goods with a forklift and is for use primarily off public roads; or

                             (ii)  is of a kind prescribed by the regulations for the purposes of this subparagraph;

                     (d)  the gas is exempt from excise duty under subsection (2).

             (2)  Compressed natural gas is exempt from excise duty if:

                     (a)  the gas was compressed at residential premises (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999); and

                     (b)  the rate at which natural gas can be compressed at those premises is not more than:

                              (i)  the amount of compressed natural gas per hour prescribed by the regulations; or

                             (ii)  if no amount is prescribed—10 kilograms of compressed natural gas per hour; and

                     (c)  the gas is not sold or otherwise supplied in the course of carrying on an enterprise (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999).

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:

                     (a)  the liquefied petroleum gas or liquefied natural gas is used by a licensed manufacturer on premises specified in the manufacturer licence; and

                     (b)  the use is in the process of manufacturing:

                              (i)  petroleum condensate or stabilised crude petroleum oil; or

                             (ii)  liquefied petroleum gas, liquefied natural gas or other hydrocarbons; and

                     (c)  the manufacturer manufactures the goods referred to in paragraph (b) in accordance with the licence.

77J  Goods that are not covered by subitem 10.25, 10.26, 10.27, 10.28 or 10.30

                   If:

                     (a)  goods (the delivered goods) classified to subitem 10.25, 10.26, 10.27, 10.28 or 10.30 of the Schedule to the Excise Tariff Act 1921 are delivered for home consumption; and

                     (b)  a person uses the delivered goods as a solvent; and

                     (c)  the person manufactures or produces other goods by carrying out a recycling process on the delivered goods; and

                     (d)  the other goods are for use as a solvent by the person; and

                     (e)  apart from this section, the other goods would be classified to the subitem of that Schedule that applied to the delivered goods;

then that subitem does not apply to the other goods.

77K  Crude oil and condensate may attract more than one excise duty

                   The fact that excise duty attaches to stabilised crude petroleum oil or to condensate under item 20 or 21 of the Schedule to the Excise Tariff Act 1921 does not prevent further excise duty attaching to that oil or that condensate under item 10 of that Schedule.

77L  Notice requirements for sales or supplies of LPG to which an LPG remission applies

             (1)  A person (the licensee) who holds a manufacturer licence or a storage licence must give a notice to a person if:

                     (a)  the licensee sells or supplies LPG to the person; and

                     (b)  an LPG remission applies to the LPG at the time of the sale or supply.

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

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

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

                     (b)  an LPG remission applies to the LPG at the time of the sale or supply; and

                     (c)  when the supplier was supplied the LPG, the supplier was given a notice under this section (including under a previous application of this subsection) in respect of that LPG.

Note:          The regulations may prescribe circumstances in which a notice is not required to be given (see subsection (4)).

Contents of notice

             (3)  A notice given under this section must comply with any requirements prescribed by the regulations.

Regulations

             (4)  The regulations may prescribe circumstances in which a notice is not required to be given by a person under this section.

Offence

             (5)  A person commits an offence if:

                     (a)  a person is required to give a notice under this section; and

                     (b)  the person fails to give the notice in accordance with this section.

Penalty:  1 penalty unit.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

77M  Penalty for using LPG for excisable LPG use

             (1)  This section applies if:

                     (a)  LPG is sold or supplied to a person; and

                     (b)  the person uses the LPG for an excisable LPG use; and

                     (c)  an LPG remission applies to the LPG at the time of the use.

Note 1:       The meaning of apply is affected by subsection 4(5).

Note 2:       A person might commit an offence if the person sells LPG and the LPG is used for an excisable LPG use (see section 117BA).

             (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 that would have been payable on the LPG if:

                     (a)  an LPG remission had not applied to the LPG; and

                     (b)  the LPG had been entered for home consumption 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.


 

Part VIIIRemissions, refunds, rebates and drawbacks

  

78  Remissions, rebates and refunds

             (1)  Remissions, rebates and refunds of excise duty may be allowed:

                     (a)  in respect of excisable goods generally or in respect of the goods included in a class of excisable goods; and

                     (b)  in such circumstances, and subject to such conditions and restrictions (if any), as are prescribed, being circumstances, and conditions and restrictions, that relate to excisable goods generally or to the goods included in a class of excisable goods.

          (1A)  Regulations made for the purposes of subsection (1) may make provision for and in relation to the CEO granting approvals.

             (2)  The regulations may prescribe the amount, or the means of determining the amount, of any remission, rebate or refund of excise duty that may be allowed for the purposes of subsection (1).

             (3)  Excise duty is taken to be remitted in respect of fuel if:

                     (a)  the fuel is used in the manufacture of goods that are not excisable goods; and

                     (b)  the fuel has been chemically transformed (other than by combustion) in that manufacture.

79  Drawbacks

                   The regulations may make provision for and in relation to allowing drawbacks of Excise duty.

80  Recovery of overpayments of refunds, rebates and drawbacks

             (1)  Where an amount has, in whole or in part, been incorrectly paid to a person as a refund or drawback of Excise duty, the person to whom the amount was paid shall, on demand in writing being made by the CEO, pay to the Commonwealth an amount equal to the amount, or the part of the amount, incorrectly paid and, if the person fails to pay to the Commonwealth the amount demanded within such period as is specified in the demand, the amount may be recovered in a court of competent jurisdiction as a debt due to the Commonwealth.

             (2)  Where a rebate of duty has been paid to a person and the whole or a part of the rebate was not payable to him or her, the person shall, on demand in writing made by the CEO, pay to the Commonwealth an amount equal to the whole or that part, as the case may be, of the amount of rebate paid to him or her and, if the person fails to pay to the Commonwealth the amount demanded within such period as is specified in the demand, the amount may be recovered in a court of competent jurisdiction as a debt due to the Commonwealth.

81  Certain interest not payable

             (1)  Notwithstanding section 154, where, because of an amendment of the Excise Tariff Act 1921, an amount paid by way of Excise duty is repayable to a person, interest on that amount is not payable by the Commonwealth to that person.

             (2)  Nothing in subsection (1) shall be taken as implying that, before the commencement of this section, where an amendment of the Excise Tariff Act 1921 resulted in a person becoming entitled to the repayment of an amount paid by way of Excise duty, interest on that amount was payable by the Commonwealth to that person.


 

Part IXOfficers

Division 1Powers of officers

Subdivision APreliminary

82  Law relating to legal professional privilege not affected

                   This Division does not affect the law relating to legal professional privilege.

Subdivision BGeneral regulatory powers

86  Officers to have access to factories and approved places

             (1)  Officers shall at all times have complete access to every part of any factory, and may examine, take account of, and note all containers, utensils, material and excisable goods in the factory.

             (2)  Officers shall at all times have complete access to every part of an approved place and may examine and take account of the goods in the approved place.

             (3)  Officers may at all times have complete access to every part of premises specified in a producer licence or dealer licence and may examine and take account of the goods (including crops) at the premises.

87  Power to stop conveyances about to leave an excise place

             (1)  If a conveyance is about to leave an excise place, an officer may:

                     (a)  require the conveyance to stop; and

                     (b)  check to establish that there is appropriate documentation authorising the movement from the excise place of any:

                              (i)  tobacco leaf in or on the conveyance; or

                             (ii)  excisable goods that are subject to the CEO’s control (within the meaning of subsection 61(1)) in or on the conveyance.

             (2)  For the purposes of subsection (1), an officer may question the person apparently in charge of the conveyance about any goods in, on, or in a container on, the conveyance.

             (3)  The power in paragraph (1)(b) includes a power to give directions relating to:

                     (a)  the unloading of any goods from the conveyance; or

                     (b)  their movement to a particular part of the excise place for further examination.

             (4)  If a direction under subsection (3) is not complied with, an officer may do what is necessary to give effect to the direction or to arrange for it to be done.

             (5)  An officer must not detain a conveyance under this section for longer than is necessary and reasonable to exercise the powers conferred by this section.

             (6)  In this section:

aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air.

container includes a trailer or other like receptacle, whether with or without wheels, that is used for the movement of goods from one place to another.

87AA  Searches of conveyances without warrant

                   An officer may, without warrant, stop and search a conveyance for tobacco leaf or excisable goods if the officer has reasonable grounds for believing that:

                     (a)  tobacco leaf or excisable goods are in or on the conveyance; and

                     (b)  the conveyance has been used, is being used or is intended to be used in the commission of an offence against a provision of the Excise Acts, section 6 of the Crimes Act 1914 or section 11.1, 11.2, 11.2A or 11.5 of the Criminal Code.

87A  Powers of officers in relation to resources installations

             (1)  An officer has, and may exercise, the same powers in relation to an Australian resources installation at which excisable goods are manufactured or produced as he or she would have if the installation were a factory.

             (2)  In subsection (1), Australian resources installation has the same meaning as in the Customs Act 1901.

87B  Powers of officers in relation to sea installations

             (1)  An officer has, and may exercise, the same powers in relation to an Australian sea installation on which excisable goods are manufactured or produced as the officer would have if the installation were a factory.

             (2)  In subsection (1), Australian sea installation has the same meaning as in the Customs Act 1901.

91  Examine all goods

                   Any officer may open packages and examine weigh mark and seal any excisable goods subject to the CEO’s control and may lock up seal mark or fasten any plant in or on a factory, and the expense of the examination of the goods including the cost of their removal to the place of examination shall be borne by the owner.

92  Seals etc. not to be broken

                   No fastening, lock, mark, or seal placed by an officer upon any goods or upon any plant in a factory shall be opened, altered, broken, or erased, except by authority.

Penalty:  50 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

Subdivision DPowers of arrest

100  Power of arrest

             (1)  Any officer or police officer may without warrant arrest any person whom he or she has reasonable cause to believe is guilty of:

                     (a)  Unlawfully manufacturing any excisable goods;

                     (b)  Unlawfully receiving carrying conveying or having upon his or her premises or in his or her custody or under his or her control any excisable goods;

                     (c)  Being found without lawful excuse upon any premises where excisable goods are being illegally manufactured.

             (2)  An officer or police officer may, without warrant, arrest a person if he or she has reasonable ground for believing that the person has committed the offence of assaulting an officer in the execution of his or her duties.

102  Arrested persons to go before Justices

                   Every person arrested may be detained until such time as he or she can without undue delay be taken before a Justice.

103  Power of Justices with offenders

                   Any Justice before whom any person is brought under this Act may:

                     (1)  Commit such person to gaol until he or she can be brought before Justices to be dealt with according to law; (or)

                     (2)  Admit him or her to bail upon his or her giving sufficient security for his or her appearance before Justices at the time and place appointed for the hearing of the charge.

104  Power to detain and search suspected persons

             (1)  If any officer or police officer has reasonable cause to suspect that any person is unlawfully carrying or has any goods subject to the CEO’s control secreted about him or her:

                     (a)  The officer may detain and search the suspected person;

                     (b)  Before the suspected person is searched he or she may require to be taken before a Justice or the Collector;

                     (c)  The Justice or Collector may order the suspected person to be searched or may discharge him or her without search.

             (2)  A person may be searched under subsection (1) only by a person of the same sex as the first‑mentioned person.

Subdivision EMiscellaneous

106  Samples

                   Samples of material and of partly manufactured excisable goods and of excisable goods subject to the CEO’s control, and of goods which an officer has reasonable grounds for suspecting are excisable goods on which duty has not been paid may for any purpose deemed necessary by the Collector be taken utilized and disposed of by any officer in manner prescribed.

107  Power to purchase samples

                   Any officer may purchase samples of excisable goods from any person being the owner or in possession of excisable goods; and no person being the owner of or in possession of any excisable goods shall refuse to deliver to an officer samples of such excisable goods on tender of a reasonable price for such samples.

Penalty:  10 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.


 

Division 1ASearch and seizure

Subdivision APreliminary

107AA  Definitions

                   In this Division, unless the contrary intention appears:

container includes:

                     (a)  a trailer or other like receptacle, whether with or without wheels, that is used for the movement of goods from one place to another; and

                     (b)  any other thing that is or could be used for the carriage of goods, whether or not designed for that purpose.

Note:          Container is defined differently in the rest of the Act.

evidential material, in relation to an offence, whether the offence is indictable or summary, means a thing relevant to the offence, including such a thing in electronic form.

executing officer, in relation to a search warrant or to a seizure warrant, means:

                     (a)  an officer named in the warrant by the judicial officer issuing it as being responsible for executing the warrant; or

                     (b)  if that officer does not intend to be present at the execution of the warrant—any officer whose name has been written in the warrant by the officer so named; or

                     (c)  another officer whose name has been written in the warrant by the officer last named in the warrant.

forfeited goods means goods forfeited to the Crown under section 116.

Frisk search means:

                     (a)  a search of a person conducted by quickly running the hands over the person’s outer garments; and

                     (b)  an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.

judicial officer, in relation to a search warrant or to a seizure warrant, means:

                     (a)  a magistrate; or

                     (b)  a justice of the peace or other person employed in a court of a State or Territory who is authorised to issue search warrants.

magistrate means a magistrate who is remunerated by salary or otherwise.

occupier, in relation to premises that are a conveyance or a container, means the person having charge of the conveyance or container.

offence means an offence against this Act.

Ordinary search means a search of a person or of articles in the possession of a person that may include:

                     (a)  requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes or hat; and

                     (b)  an examination of those items.

person assisting, in relation to a search warrant or to a seizure warrant, means:

                     (a)  an officer who is assisting in the execution of the warrant; or

                     (b)  a police officer who is assisting in the execution of the warrant; or

                     (c)  a person whose name has not been written in the warrant and who has been authorised by the CEO to assist in executing the warrant.

premises includes a place, a conveyance or a container.

search warrant means a warrant issued under section 107BA.

seizure notice means a notice of the kind referred to in section 107FC.

seizure warrant means a warrant issued under section 107CA.

warrant premises means premises in relation to which a search warrant or a seizure warrant is in force.

107AB  Law relating to legal professional privilege not affected

                   This Division does not affect the law relating to legal professional privilege.

Subdivision BSearch warrants in respect of things believed to be evidential material

107BA  When search warrants can be issued

             (1)  A judicial officer may issue a warrant to search premises if the judicial officer is satisfied by information on oath that there are reasonable grounds for suspecting that there is, or within the next 72 hours there will be, any evidential material, other than evidential material that is also a forfeited good, on or in the premises.

             (2)  If:

                     (a)  the person applying for the warrant has, at any time previously, applied for a warrant relating to the search of, or the seizure of goods that are on or in, the same premises; and

                     (b)  the premises are not an excise place;

the person must state particulars of those applications and their outcome in the information.

             (3)  If a judicial officer issues a warrant, the judicial officer is to state in the warrant:

                     (a)  the offence to which the warrant relates; and

                     (b)  a description of the premises to which the warrant relates; and

                     (c)  the kind of evidential material that is to be searched for under the warrant; and

                     (d)  the name of the officer who, unless he or she inserts the name of another officer in the warrant, is to be responsible for executing the warrant; and

                     (e)  the period for which the warrant remains in force, which must not be more than 7 days; and

                      (f)  whether the warrant may be executed at any time or only during particular hours.

             (4)  The judicial officer is also to state in the warrant:

                     (a)  that it authorises the seizure of things (other than evidential material of the kind referred to in paragraph (3)(c)) found on or in the premises in the course of the search that the executing officer or a person assisting believes on reasonable grounds:

                              (i)  to be evidential material in relation to an offence to which the warrant relates or to another offence; and

                             (ii)  not to be forfeited goods;

                            if the executing officer or person assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and

                     (b)  whether the warrant authorises an ordinary search or a frisk search of a person who is at or near the premises when the warrant is executed, if the executing officer or a person assisting suspects on reasonable grounds that the person has any evidential material in his or her possession.

             (5)  Paragraph (3)(e) does not prevent the issue of successive warrants in relation to the same premises.

             (6)  If the application for the warrant is made under section 107DG, this section applies as if:

                     (a)  subsection (1) referred to 48 hours rather than 72 hours; and

                     (b)  paragraph (3)(e) referred to 48 hours rather than 7 days.

             (7)  A judicial officer of a particular State or Territory may issue a warrant in respect of the search of premises in another State or Territory.

             (8)  This section is not to be taken to limit any power of search granted to an officer under any other provision of an Excise Act.

107BB  The things that are authorised by a search warrant

             (1)  A search warrant that is in force in relation to premises authorises the executing officer or a person assisting:

                     (a)  to enter the warrant premises; and

                     (b)  to search for and to record fingerprints found on or in the premises, and take samples of things (other than human biological fluid or tissue) found on or in the premises for forensic purposes; and

                     (c)  to search the premises for the kind of evidential material specified in the warrant, and to seize things of that kind found on or in the premises; and

                     (d)  to seize other things found on or in the premises in the course of the search that the executing officer or a person assisting believes on reasonable grounds:

                              (i)  to be evidential material in relation to an offence to which the warrant relates or to another offence; and

                             (ii)  not to be forfeited goods;

                            if the executing officer or person assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and

                     (e)  if the warrant so allows:

                              (i)  to conduct an ordinary search or a frisk search of a person at or near the premises if the executing officer or a person assisting suspects on reasonable grounds that the person has any evidential material in his or her possession; and

                             (ii)  to seize any such material found in the course of the search.

             (2)  Without limiting the generality of the powers conferred by a warrant issued in respect of premises that are not a conveyance or a container, the warrant extends to every conveyance or container on the premises.

             (3)  Without limiting the generality of the powers conferred by a warrant issued in respect of premises that are a conveyance, the warrant:

                     (a)  permits entry of the conveyance, wherever it is; and

                     (b)  extends to every container on the conveyance.

             (4)  A warrant issued in respect of premises that are a container permits entry of the container, wherever it is, to the extent that it is of a size permitting entry.

             (5)  If the warrant states that it may be executed only during particular hours, the warrant must not be executed outside those hours.

             (6)  If the warrant authorises an ordinary search or a frisk search of a person, a search of the person different to that so authorised must not be done under the warrant.

107BC  Use of equipment to examine or process things

             (1)  The executing officer or a person assisting may bring to the warrant premises any equipment reasonably necessary for the examination or processing of things found on or in the premises in order to determine whether they are things that may be seized under the warrant.

             (2)  If:

                     (a)  it is not practicable to examine or process the things on or in the warrant premises; or

                     (b)  the occupier of the premises consents in writing;

the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized under the warrant.

             (3)  If things are moved to another place for the purpose of examination or processing under subsection (2), the executing officer must, if it is practicable to do so:

                     (a)  inform the occupier of the address of the place and the time at which the examination or processing will be carried out; and

                     (b)  allow the occupier or his or her representative to be present during the examination or processing.

             (4)  The executing officer or a person assisting may operate equipment already on or in the warrant premises to carry out the examination or processing of a thing found on or in the premises in order to determine whether it is a thing that may be seized under the warrant if the executing officer or person assisting believes on reasonable grounds that:

                     (a)  the equipment is suitable for the examination or processing; and

                     (b)  the examination or processing can be carried out without damage to the equipment or the thing.

107BD  Use of electronic equipment on or in premises

             (1)  The executing officer or a person assisting may operate electronic equipment on or in the premises to see whether evidential material is accessible by doing so if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.

             (2)  If the executing officer or a person assisting, after operating the equipment, finds that evidential material is accessible by doing so, he or she may:

                     (a)  seize the equipment and any disk, tape or other associated device; or

                     (b)  if the material can, by using facilities on or in the premises, be put in documentary form—operate the facilities to put the material in that form and seize the documents so produced; or

                     (c)  if the material can be transferred to a disk, tape or other storage device that:

                              (i)  is brought to the premises; or

                             (ii)  is on or in the premises and the use of which for that purpose has been agreed to in writing by the occupier of the premises;

                            operate the equipment to copy the material to the storage device and take the storage device from the premises.

             (3)  The executing officer or a person assisting may seize equipment under paragraph (2)(a) only if it is not practicable to put the material in documentary form as mentioned in paragraph (2)(b) or to copy the material as mentioned in paragraph (2)(c).

             (4)  If the executing officer or a person assisting believes on reasonable grounds that:

                     (a)  evidential material may be accessible by operating electronic equipment on or in the premises; and

                     (b)  expert assistance is required to operate the equipment; and

                     (c)  if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;

he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.

             (5)  The executing officer or a person assisting must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.

             (6)  The equipment may be secured:

                     (a)  for a period not exceeding 24 hours; or

                     (b)  until the equipment has been operated by the expert;

whichever first occurs.

             (7)  If the executing officer or a person assisting believes on reasonable grounds that the expert assistance will not be available within 24 hours, he or she may apply to a judicial officer for an extension of that period.

             (8)  The executing officer or a person assisting must give notice to the occupier of the premises of his or her intention to apply for an extension, and the occupier is entitled to be heard in relation to the application.

             (9)  The provisions of this Subdivision relating to the issue of warrants apply, with such modifications as are necessary, to the issuing of an extension.

107BE  Compensation for damage to equipment or data

             (1)  This section applies if:

                     (a)  damage is caused to equipment as a result of it being operated as mentioned in section 107BC or 107BD; or

                     (b)  the data recorded on the equipment is damaged or programs associated with its use are damaged or corrupted;

because:

                     (c)  insufficient care was exercised in selecting the person who was to operate the equipment; or

                     (d)  insufficient care was exercised by the person operating the equipment.

             (2)  The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as they agree on.

             (3)  However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in the Federal Court of Australia for such reasonable amount of compensation as the Court determines.

             (4)  In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and his or her employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.

             (5)  Compensation is payable out of money appropriated by the Parliament.

             (6)  In this section:

damage, in relation to data, includes damage by erasure of data or addition of other data.

107BF  Copies of seized things to be provided

             (1)  Subject to subsection (2), if the executing officer or a person assisting seizes, under a warrant relating to premises:

                     (a)  a document, film, computer file or other thing that can be readily copied; or

                     (b)  a storage device, the information in which can be readily copied;

the executing officer or person assisting must, if requested to do so by the occupier of the premises or another person who apparently represents the occupier and who is present when the warrant is executed, give a copy of the document, film, computer file, thing or information to that person as soon as practicable after the seizure.

             (2)  Subsection (1) does not apply if:

                     (a)  the thing that has been seized was seized under paragraph 107BD(2)(b) or (c); or

                     (b)  possession by the occupier of the document, film, computer file, thing or information could constitute an offence.

Subdivision CSeizure of goods believed to be forfeited goods

107CA  When seizure warrants can be issued

             (1)  A judicial officer may issue a warrant to seize goods on or in particular premises if the judicial officer is satisfied by information on oath that an officer:

                     (a)  has reasonable grounds for suspecting that the goods:

                              (i)  are forfeited goods; and

                             (ii)  are, or within the next 72 hours will be, on or in the premises; and

                     (b)  has demonstrated the necessity, in all the circumstances, for seizure of the goods.

             (2)  In considering whether the officer has demonstrated the necessity, in all the circumstances, for seizure of the goods, the judicial officer may have regard to, but is not limited to, consideration of the following factors:

                     (a)  the seriousness or otherwise of any offence because of the commission of which the goods are believed to be forfeited goods;

                     (b)  the circumstances in which any such offence is believed to have been committed;

                     (c)  the pecuniary or other penalty that might be imposed for any such offence;

                     (d)  the nature, quality, quantity and estimated value of the goods;

                     (e)  whether administrative penalties might be imposed in respect of the goods;

                      (f)  the inconvenience or cost to any person having a legal or equitable interest in the goods if they were seized.

             (3)  If:

                     (a)  the person applying for the warrant has, at any time previously, applied for a warrant relating to the search of, or seizure of goods that are on or in, the same premises; and

                     (b)  the premises are not an excise place;

the person must state particulars of those applications and their outcome in the information.

             (4)  If a judicial officer issues a warrant, the judicial officer is to state in the warrant:

                     (a)  a description of the goods to which the warrant relates; and

                     (b)  a description of the premises on or in which the goods are believed to be located; and

                     (c)  the name of the officer who, unless that officer inserts the name of another officer in the warrant, is to be responsible for executing the warrant; and

                     (d)  the period for which the warrant remains in force, which must not be more than 7 days; and

                     (e)  whether the warrant may be executed at any time or only during particular hours.

             (5)  The judicial officer is also to state in the warrant whether the warrant authorises an ordinary search or a frisk search of a person who is at or near the premises when the warrant is executed, if the executing officer or a person assisting suspects on reasonable grounds that the person has any forfeited goods of the kind referred to in paragraph (4)(a) in his or her possession.

             (6)  Paragraph (4)(d) does not prevent the issue of successive warrants in relation to the same premises.

             (7)  If the application for the warrant is made under section 107DG, this section applies as if:

                     (a)  subsection (1) referred to 48 hours rather than 72 hours; and

                     (b)  paragraph (4)(d) referred to 48 hours rather than 7 days.

             (8)  A judicial officer of a particular State or Territory may issue a warrant in respect of the seizure of goods on or in premises in another State or Territory.

107CB  The things that are authorised by seizure warrants

             (1)  A seizure warrant that is in force in relation to premises authorises the executing officer or a person assisting:

                     (a)  to enter the warrant premises; and

                     (b)  to search for the goods described in the warrant; and

                     (c)  to seize the goods described in the warrant; and

                     (d)  if the warrant so allows:

                              (i)  to conduct an ordinary search or a frisk search of a person at or near the premises if the executing officer or a person assisting suspects on reasonable grounds that the person has any goods that are goods the subject of the warrant in his or her possession; and

                             (ii)  to seize any such goods found in the course of that search.

             (2)  Without limiting the generality of the powers conferred by a warrant issued in respect of premises that are not a conveyance or a container, the warrant extends to every conveyance or container on the premises.

             (3)  Without limiting the generality of the powers conferred by a warrant issued in respect of premises that are a conveyance, the warrant:

                     (a)  permits entry of the conveyance, wherever it is; and

                     (b)  extends to every container on the conveyance.

             (4)  A warrant issued in respect of premises that are a container permits entry of the container, wherever it is, to the extent that it is of a size permitting entry.

             (5)  If the warrant states that it may be executed only during particular hours, the warrant must not be executed outside those hours.

             (6)  If the warrant authorises an ordinary search or a frisk search of a person, a search of the person different to that so authorised must not be done under the warrant.

Subdivision DProvisions applicable both to search and seizure warrants

107DA  Conduct of ordinary searches and frisk searches

                   An ordinary search or a frisk search of a person under this Division must, if practicable, be conducted by a person of the same sex as the person being searched.

107DB  Announcement before entry

             (1)  The executing officer must, before any person enters premises under a search warrant or a seizure warrant:

                     (a)  announce that he or she is authorised to enter the premises; and

                     (b)  give any person at the premises an opportunity to allow entry to the premises.

             (2)  The executing officer is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure:

                     (a)  the safety of a person (including the executing officer); or

                     (b)  that the effective execution of the warrant is not frustrated.

107DC  Details of warrant to be given to occupier

             (1)  If:

                     (a)  a search warrant or a seizure warrant in relation to premises is being executed; and

                     (b)  the occupier of the premises or another person who apparently represents the occupier is present at the place where the warrant is executed;

the executing officer or a person assisting must make available to that person a copy of the warrant.

             (2)  If a person is searched under a warrant in relation to premises, the executing officer or a person assisting must show the person a copy of the warrant.

             (3)  The executing officer must identify himself or herself to the person at the place where the warrant is executed.

             (4)  At the time of executing the warrant, the executing officer or a person assisting:

                     (a)  is not required to have in his or her possession or under his or her immediate control the original warrant; but

                     (b)  must have in his or her possession or under his or her immediate control a copy of the warrant.

             (5)  In this section:

a copy of the warrant means:

                     (a)  in relation to a warrant issued under section 107BA or 107CA—a copy that includes the signature of the judicial officer who issued the warrant and the seal of the relevant court; and

                     (b)  in relation to a warrant issued under section 107DG—a completed form of warrant that includes the name of the judicial officer who issued the warrant.

107DD  Occupier entitled to be present during search or seizure

             (1)  If:

                     (a)  a search warrant or a seizure warrant in relation to premises is being executed; and

                     (b)  the occupier of the premises or another person who apparently represents the occupier is present at the place where the warrant is executed;

the person is, subject to Part IC of the Crimes Act 1914, entitled to observe the search or seizure being conducted.

             (2)  The right to observe the search or seizure being conducted ceases if the person impedes the search or seizure.

             (3)  This section does not prevent 2 or more areas of the premises being searched at the same time.

107DE  Availability of assistance and use of force in executing a warrant

                   In executing a search warrant or a seizure warrant:

                     (a)  the executing officer may obtain such assistance; and

                     (b)  the executing officer, or an officer who is assisting in executing the warrant, may use such force against persons and things;

as is necessary and reasonable in the circumstances.

107DF  Specific powers available to executing officers

             (1)  In executing a search warrant or a seizure warrant in relation to premises, the executing officer or a person assisting may:

                     (a)  for a purpose incidental to the execution of the warrant; or

                     (b)  if the occupier of the premises consents in writing;

take photographs or video recordings of the premises or of things on or in the premises.

             (2)  If a search warrant or a seizure warrant in relation to premises is being executed, the executing officer and the persons assisting may, if the warrant is still in force, complete the execution of the warrant after all of them temporarily cease its execution and leave the premises:

                     (a)  for not more than one hour; or

                     (b)  for a longer period if the occupier of the premises consents in writing.

             (3)  If:

                     (a)  the execution of a search warrant or of a seizure warrant is stopped by an order of a court; and

                     (b)  the order is later revoked or reversed on appeal; and

                     (c)  the warrant is still in force;

the execution of the warrant may be completed.

             (4)  If:

                     (a)  the execution of a search warrant or of a seizure warrant is stopped by an order of a court; and

                     (b)  the order is later revoked or reversed on appeal; and

                     (c)  the warrant has ceased to be in force;

the court revoking or reversing the order may reissue the warrant for a further period not exceeding 7 days.

             (5)  The court must not exercise the power under subsection (4) unless it is satisfied of the matters set out in subsection 107BA(1) or 107CA(1).

107DG  Warrants by telephone or other electronic means

             (1)  An officer may apply to a judicial officer for a search warrant or for a seizure warrant by telephone, fax or other electronic means:

                     (a)  in an urgent case; or

                     (b)  if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

             (2)  The judicial officer may require communication by voice to the extent that is practicable in the circumstances.

             (3)  An application under this section must include all information required to be provided in an ordinary application for a search warrant or for a seizure warrant, but the application may, if necessary, be made before the information is sworn.

             (4)  If an application is made to a judicial officer under this section and the judicial officer, after considering the information and having received and considered such further information (if any) as the judicial officer required, is satisfied that:

                     (a)  a search warrant or a seizure warrant in the terms of the application should be issued urgently; or

                     (b)  the delay that would occur if an application were made in person would frustrate the effective execution of the warrant;

the judicial officer may complete and sign the same form of warrant that would be issued under section 107BA or 107CA.

             (5)  If the judicial officer decides to issue the warrant, the judicial officer is to inform the applicant, by telephone, fax or other electronic means, of the terms of the warrant and the day on which and the time at which it was signed.

             (6)  The applicant must then complete a form of warrant in terms substantially corresponding to those given by the judicial officer, stating on the form the name of the judicial officer and the day on which and the time at which the warrant was signed.

             (7)  The applicant must, not later than the day after:

                     (a)  the day of expiry of the warrant; or

                     (b)  the day on which the warrant was executed;

whichever is the earlier, give or transmit to the judicial officer the form of warrant completed by the applicant and, if the information referred to in subsection (3) was not sworn, that information duly sworn.

             (8)  The judicial officer must:

                     (a)  attach to the documents provided under subsection (7) the form of warrant signed by the judicial officer; and

                     (b)  give or transmit to the applicant the attached documents.

             (9)  If:

                     (a)  it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under this section was duly authorised; and

                     (b)  the form of warrant signed by the judicial officer is not produced in evidence;

the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.

107DH  Receipts for things seized under warrant

             (1)  If a thing is seized under a search warrant or a seizure warrant, the executing officer or a person assisting must provide a receipt for the thing.

             (2)  If 2 or more things are seized, they may be covered in the one receipt.

107DI  Offence for making false statements in warrants

                   A person must not make, in an application for a search warrant or for a seizure warrant, a statement if the person knows that the statement:

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

                     (b)  omits any matter or thing without which the statement is misleading.

Penalty:  Imprisonment for 2 years.

107DJ  Offences relating to telephone warrants

                   A person must not:

                     (a)  state in a document that purports to be a form of warrant under section 107DG the name of a judicial officer unless that judicial officer issued the warrant; or

                     (b)  state on a form of warrant under that section a matter that, to the person’s knowledge, departs in a material particular from the form authorised by the judicial officer; or

                     (c)  purport to execute, or present to a person, a document that purports to be a form of warrant under that section that the person knows:

                              (i)  has not been approved by a judicial officer under that section; or

                             (ii)  departs in a material particular from the terms authorised by a judicial officer under that section; or

                     (d)  give to a judicial officer a form of warrant under that section that is not the form of warrant that the person purported to execute.

Penalty:  Imprisonment for 2 years.

Subdivision EDealing with things seized as evidential material under a search warrant or section 9 of the Crimes Act 1914

107EA  Retention of things seized under a search warrant etc.

             (1)  Subject to any law of the Commonwealth, a State or a Territory permitting the retention, destruction or disposal of a thing seized as evidential material by an officer under a search warrant or section 9 of the Crimes Act 1914, the officer in charge of the investigation must return it if:

                     (a)  the reason for its seizure no longer exists or it is decided that it is not to be used in evidence; or

                     (b)  120 days after its seizure:

                              (i)  proceedings in respect of which the thing may afford evidence have not been started; and

                             (ii)  an order permitting the thing to be retained has not been made under section 107EB; and

                            (iii)  an order of a court of the Commonwealth or of a State or Territory permitting the retention, destruction or disposal of the thing has not been made;

whichever first occurs.

             (2)  For the purposes of this section, the return of a thing requires its return to the person reasonably believed to be the owner of the thing in a condition as near as practicable to the condition in which it was seized.

107EB  Magistrate may permit a thing seized under a search warrant etc. to be retained

             (1)  If a thing is seized as evidential material by an officer under a search warrant or section 9 of the Crimes Act 1914, and:

                     (a)  before the end of 120 days after the seizure; or

                     (b)  before the end of a period previously specified in a magistrate’s order under this section;

proceedings in respect of which the thing may afford evidence have not been started, an officer may apply to a magistrate for an order that the thing be retained.

             (2)  If the magistrate is satisfied:

                     (a)  that it is necessary for the retention of the thing to be continued:

                              (i)  for the purposes of an investigation as to whether an offence has been committed; or

                             (ii)  to enable evidence of an offence to be assembled for the purposes of a prosecution; and

                     (b)  that there has been no avoidable delay in conducting the investigation or assembling the evidence concerned;

the magistrate may order that the thing be retained for a period specified in the order.

             (3)  Before making the application, the officer must:

                     (a)  take reasonable steps to discover who has an interest in the retention of the thing; and

                     (b)  if it is practicable to do so, notify each person whom the officer believes to have such an interest of the proposed application.

Subdivision FDealing with forfeited goods seized under a seizure warrant or section 9 of the Crimes Act 1914

107FA  Seized goods to be secured

             (1)  In this section:

storage place, in relation to goods, means a place approved by a Collector as a place for the storage of goods of that kind.

             (2)  If an officer seizes any goods under a seizure warrant, the officer must, as soon as practicable, take those goods to a storage place.

             (3)  If a person assisting under a seizure warrant (other than an officer) seizes any forfeited goods under the warrant, the person must, as soon as practicable, deliver the goods into the custody of an officer.

             (4)  If a police officer seizes any forfeited goods under section 9 of the Crimes Act 1914, the police officer must, as soon as practicable, deliver the goods into the custody of an officer.

             (5)  If goods are delivered to an officer under subsection (3) or (4), the officer must:

                     (a)  if paragraph (b) does not apply—as soon as practicable, deliver the goods to a storage place; or

                     (b)  if the goods are delivered to the officer at a storage place—leave the goods at that place.

107FB  Requirement to serve seizure notices

             (1)  After goods have been seized under a seizure warrant or section 9 of the Crimes Act 1914, the officer in charge of the investigation must serve, within 7 days after the seizure, a seizure notice on:

                     (a)  the owner of the goods; or

                     (b)  if the owner cannot be identified after reasonable inquiry—the person in whose possession or under whose control the goods were when they were seized.

             (2)  Subsection (1) applies whether or not a claim for the return of the goods seized has been made under section 107FD.

             (3)  The notice must be in writing and must be served:

                     (a)  personally or by post; or

                     (b)  if no person of the kind referred to in subsection (1) can be identified after reasonable inquiry—by publishing a copy of the notice in a newspaper circulating in the location in which the goods were seized.

             (4)  A seizure notice may be served on a person who is outside Australia.

107FC  Matters to be dealt with in seizure notices

                   A seizure notice must set out the following:

                     (a)  a statement identifying the goods;

                     (b)  the day on which they were seized;

                     (c)  the ground, or each of the grounds, on which they were seized;

                     (d)  a statement that, if a claim for the return of the goods has not already been made, and is not made within 30 days after the day the notice is served, the goods will be taken to be condemned as forfeited to the Crown;

                     (e)  if:

                              (i)  the notice is to be served in a foreign country; and

                             (ii)  the person served has not yet made such a claim;

                            a statement that the person served may not make such a claim unless he or she has first appointed in writing an agent in Australia with authority to accept service of documents, including process in any proceedings arising out of the matter.

107FD  Claim for return of goods seized

             (1)  If forfeited goods are seized under a seizure warrant or section 9 of the Crimes Act 1914, the owner of the goods may, whether or not a seizure notice has yet been served on the owner, make a claim to the CEO for the return of the goods.

             (2)  A claim:

                     (a)  must be in writing in an approved form; and

                     (b)  must specify the grounds on which the claim is made; and

                     (c)  if it is made by a person who does not reside or have a place of business in Australia, must:

                              (i)  appoint an agent in Australia with authority to accept service of documents, including process in any proceedings, arising out of the matter; and

                             (ii)  specify the address of the agent for service; and

                            (iii)  be accompanied by the written consent of the agent, signed by the agent, agreeing to act as agent.

107FE  Treatment of goods seized if no claim for return is made

                   If:

                     (a)  forfeited goods are seized under a seizure warrant or section 9 of the Crimes Act 1914; and

                     (b)  a seizure notice has been served; and

                     (c)  at the end of 30 days after the day the notice was served, no claim has been made for return of the goods;

the goods are taken to be condemned as forfeited to the Crown.

107FF  Treatment of goods seized if a claim for return is made

             (1)  This section applies if:

                     (a)  forfeited goods are seized under a seizure warrant or section 9 of the Crimes Act 1914; and

                     (b)  not later than 30 days after the day the seizure notice was served, a claim is made under section 107FD for return of the goods.

             (2)  The officer in charge of the investigation must, subject to any law of the Commonwealth, a State or a Territory permitting their retention, destruction or disposal, return the goods unless:

                     (a)  the goods have been dealt with under section 107FJ; or

                     (b)  each of the following applies:

                              (i)  not later than 120 days after the claim for their return is made, proceedings in respect of an offence involving the goods have been commenced;

                             (ii)  on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown; or

                     (c)  each of the following applies:

                              (i)  not later than 120 days after the claim for their return is made, an order permitting the goods to be retained for a specified period has been made under section 107FG;

                             (ii)  before the end of that specified period, proceedings in respect of an offence involving the goods have been commenced;

                            (iii)  on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown; or

                     (d)  each of the following applies:

                              (i)  not later than 120 days after the claim for their return is made, an order permitting the goods to be retained for a specified period has been made under section 107FG;

                             (ii)  before the end of that specified period, proceedings have been commenced before a court of summary jurisdiction for a declaration that the goods are special forfeited goods;

                            (iii)  on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown; or

                     (e)  if the goods were seized as special forfeited goods:

                              (i)  not later than 120 days after the claim for their return is made, proceedings before a court of summary jurisdiction for a declaration that the goods are special forfeited goods have been commenced; and

                             (ii)  on completion of the proceedings, a court has made an order for condemnation of the goods as forfeited to the Crown.

             (3)  If:

                     (a)  forfeited goods seized under a seizure warrant or section 9 of the Crimes Act 1914 have not been dealt with under section 107FJ; and

                     (b)  proceedings of the kind referred to in paragraph (2)(b) or (c) are commenced in respect of an offence involving the goods; and

                     (c)  on completion of the proceedings, the court:

                              (i)  finds that the offence is proved; and

                             (ii)  is satisfied, in all the circumstances of the case, that it is appropriate that an order be made for condemnation of the goods as forfeited to the Crown;

the court must make an order to that effect.

             (4)  If:

                     (a)  forfeited goods seized under a seizure warrant or section 9 of the Crimes Act 1914 have not been dealt with under section 107FJ; and

                     (b)  proceedings of the kind referred to in paragraph (2)(b) or (c) are commenced in respect of an offence involving the goods; and

                     (c)  on completion of the proceedings, the court is satisfied that the goods are special forfeited goods;

the court must make an order for condemnation of the goods as forfeited to the Crown, whether or not the court finds the offence proved.

             (5)  Subject to subsection (6), if:

                     (a)  goods seized as special forfeited goods have not been dealt with under section 107FJ; and

                     (b)  proceedings of the kind referred to in paragraph (2)(d) or (e) are commenced in respect of the goods; and

                     (c)  on completion of the proceedings, the court is satisfied that the goods are special forfeited goods;

the court must declare the goods to be special forfeited goods and make an order for condemnation of the goods as forfeited to the Crown.

             (6)  A court must not make an order for condemnation of goods under subsection (5) if proceedings for an offence involving the goods have been commenced.

             (7)  If the finding of a court in proceedings under paragraph (2)(b), (c), (d) or (e) in respect of goods that have not been dealt with under section 107FJ may be taken on appeal to another court, the goods are not to be returned under subsection (2), or disposed of under section 107FM:

                     (a)  while that appeal may be made, or

                     (b)  if it is made, until the completion of that appeal.

             (8)  For the purposes of this section, the return of goods requires their return to the person reasonably believed to be the owner of the goods in a condition as near as practicable to the condition in which they were seized.

             (9)  In this section:

offence means an offence against any law of the Commonwealth, a State or a Territory.

special forfeited goods means goods forfeited to the Crown under paragraph 116(1)(da).

           (10)  In this section, a reference to completion of proceedings includes a reference to completion of any appeal process arising from those proceedings.

107FG  Magistrate may permit goods seized under a seizure warrant or section 9 of the Crimes Act 1914 to be retained

             (1)  If forfeited goods are seized under a seizure warrant or section 9 of the Crimes Act 1914 and:

                     (a)  before the end of 120 days after the making of a claim for their return; or

                     (b)  before the end of the period previously specified in a magistrate’s order under this section;

proceedings of the kind referred to in paragraph 107FF(2)(b) have not been started, an officer may apply to a magistrate for an order that the goods be retained.

             (2)  If the magistrate is satisfied that it is necessary:

                     (a)  that the retention of the goods continue while evidence of the offence to which the proceedings referred to in paragraph 107FF(2)(b) relate is assembled; and

                     (b)  that there has been no avoidable delay in assembling that evidence;

the magistrate may order that the goods be retained for a period specified in the order.

             (3)  Before making the application, the officer must:

                     (a)  take reasonable steps to discover who has an interest in the retention of the goods; and

                     (b)  if it is practicable to do so, notify each person whom the officer believes to have such an interest of the proposed application.

107FH  Right of compensation in certain circumstances for goods disposed of or destroyed

             (1)  Despite the disposal or destruction of goods taken to be condemned as forfeited to the Crown because no claim for their return was made, a person may apply to a court of competent jurisdiction under this section for compensation.

             (2)  A right to compensation exists if:

                     (a)  the goods are not special forfeited goods within the meaning of section 107FF; and

                     (b)  the goods were not used or otherwise involved in the commission of an offence; and

                     (c)  the person establishes, to the satisfaction of the court:

                              (i)  that he or she is the rightful owner of the goods; and

                             (ii)  that there were circumstances providing a reasonable excuse for the failure to claim the goods not later than 30 days after the day the seizure notice was served.

             (3)  If a right to compensation exists under subsection (2), the court must order the payment by the Commonwealth to the person of an amount equal to:

                     (a)  if the goods have been sold—the proceeds of the sale; and

                     (b)  if the goods have been destroyed—the market value of the goods at the time of their destruction.

107FI  Effect of forfeiture

                   When goods are, or are taken to be, condemned as forfeited to the Crown, the title to the goods immediately vests in the Commonwealth to the exclusion of all other interests in the goods, and the title cannot be called into question.

107FJ  Immediate disposal of certain goods

             (1)  The CEO may cause goods to be dealt with in such manner as the CEO considers appropriate (including destruction of the goods) if:

                     (a)  the goods are seized under a seizure warrant or section 9 of the Crimes Act 1914; and

                     (b)  any of the following applies:

                              (i)  the goods are perishable goods;

                             (ii)  the CEO is satisfied that the goods do not meet a standard that applies to goods of that kind;

                            (iii)  the CEO is satisfied that there is a reasonable likelihood that the goods, if made available to the public, would constitute a risk to public health or public safety.

             (2)  As soon as practicable, but not later than 7 days after the goods referred to in subsection (1) have been dealt with, the CEO must give or publish a notice in accordance with subsection (4).

             (3)  The notice must be in writing and must be served:

                     (a)  personally or by post on the owner of the goods or, if the owner cannot be identified after reasonable inquiry, on the person in whose possession or under whose control the goods were when they were seized; or

                     (b)  if no person of the kind referred to in paragraph (a) can be identified after reasonable inquiry—by publishing a copy of the notice in a newspaper circulating in the location in which the goods were seized.

             (4)  The notice must:

                     (a)  identify the goods; and

                     (b)  state that the goods have been seized under a seizure warrant or section 9 of the Crimes Act 1914 (as the case may be) and give the reason for the seizure; and

                     (c)  state that the goods have been dealt with under subsection (1) and specify the manner in which they have been so dealt with and the reason for doing so; and

                     (d)  set out the terms of subsection (5).

             (5)  If goods are dealt with in accordance with subsection (1), the owner of the goods may bring an action against the Commonwealth in a court of competent jurisdiction for the recovery of the market value of the goods at the time they were so dealt with.

             (6)  A right to recover the market value of the goods at the time they were dealt with in accordance with subsection (1) exists if:

                     (a)  the goods are not special forfeited goods within the meaning of section 107FF; and

                     (b)  the goods were not used or otherwise involved in the commission of an offence; and

                     (c)  the owner of the goods establishes to the satisfaction of the Court that, at the time the goods were dealt with:

                              (i)  if the goods were dealt with on the ground mentioned in subparagraph (1)(b)(i)—the goods were not perishable goods; or

                             (ii)  if the goods were dealt with on the ground mentioned in subparagraph (1)(b)(ii)—the goods met the standards that applied to goods of that kind; or

                            (iii)  if the goods were dealt with on the ground mentioned in subparagraph (1)(b)(iii)—there was no reasonable likelihood that the goods, if made available to the public, would constitute a risk to public health or public safety.

             (7)  If a person establishes a right to recover the market value of the goods at the time they were dealt with, the Court must order the payment by the Commonwealth of an amount equal to that value at that time.

             (8)  For the purposes of subsections (1) and (6), a reference to perishable goods is taken to include a reference to goods that will perish unless:

                     (a)  treated with chemicals to preserve them (for example, goods such as tobacco); or

                     (b)  stored in special conditions (for example, conditions such as refrigeration).

107FK  Release of goods on security

             (1)  This section applies to goods:

                     (a)  that have been seized under a seizure warrant or section 9 of the Crimes Act 1914; and

                     (b)  that are not taken to be forfeited to the Crown under section 107FE; and

                     (c)  in respect of which proceedings have not yet been brought by the Commonwealth under section 107FF.

             (2)  The owner of the goods may apply to a court of summary jurisdiction for an order that the goods be released to the owner on provision to the CEO of security for an amount determined by the court in accordance with subsection (4).

             (3)  In determining whether or not to order the release of the goods on provision of a security, the court may have regard to:

                     (a)  the impact that the continued retention of the goods would have on the economic interests of third parties; and

                     (b)  any other like matters that the court considers relevant.

             (4)  For the purposes of this section, the security to be provided in respect of the goods is security for an amount determined by the court that does not exceed the sum of:

                     (a)  the market value of the goods at the time when the order is made; and

                     (b)  the costs incurred for storage of the goods from the time of their seizure until the time of their release under this section;

reduced by the amount of any duty that has been paid on the goods.

             (5)  If the security is given, the CEO is to release the goods to the applicant.

107FL  Service by post

                   Either:

                     (a)  a seizure notice under section 107FB; or

                     (b)  a notice under subsection 107FG(3);

posted as a letter addressed to a person at the last address of the person known to the sender is taken to be properly addressed for the purposes of section 29 of the Acts Interpretation Act 1901.

107FM  Disposal of forfeited goods

                   All goods seized under a seizure warrant or section 9 of the Crimes Act 1914 that are taken to be condemned as forfeited to the Crown under section 107FE or that are condemned under section 107FF shall be dealt with and disposed of in accordance with the directions of the CEO.

107FN  Destruction or concealment of evidential material or forfeited goods

             (1)  A person must not engage in conduct if:

                     (a)  the conduct:

                              (i)  destroys, or renders incapable of identification, a document or thing that is, or may be, evidential material or a forfeited good; or

                             (ii)  renders illegible or indecipherable such a document or thing; or

                            (iii)  places or conceals on his or her body, or in any clothing worn by the person, such a document or thing; and

                     (b)  the conduct is engaged in with the intention of preventing it from being seized by an officer in the exercise of the person’s powers under a search warrant or a seizure warrant.

Penalty:  Imprisonment for 2 years.

             (2)  In this section:

engage in conduct means:

                     (a)  do an act; or

                     (b)  omit to perform an act.

Subdivision GMiscellaneous

107GA  Nature of functions of magistrate under sections 107EB and 107FG

             (1)  A function of making an order conferred on a magistrate by section 107EB or 107FG is conferred on the magistrate in a personal capacity and not as a court or a member of a court.

             (2)  Without limiting the generality of subsection (1), an order made by a magistrate under section 107EB or 107FG has effect only by virtue of this Act and is not taken, by implication, to be made by a court.

             (3)  A magistrate performing a function of, or connected with, making an order under section 107EB or 107FG has the same protection and immunity as if he or she were performing that function as, or as a member of, a court (being the court of which the magistrate is a member).

107GB  Retaining evidential material of goods immediately disposed of

             (1)  If goods are dealt with under section 107FJ, the CEO must ensure that, before the goods are so dealt with:

                     (a)  a sample of the goods is taken in accordance with subsection (2); and

                     (b)  a written record of the goods is made.

             (2)  An officer taking a sample of goods for the purposes of subsection (1) must, in the presence of another officer:

                     (a)  divide the sample into 3 equal parts; and

                     (b)  mark and securely seal each part; and

                     (c)  retain one part for examination by an analyst appointed under section 107GC; and

                     (d)  retain one part for further examination, if necessary; and

                     (e)  retain one part for delivery for further examination by a person nominated under subsection (4), in the event that the owner of the goods requests further examination.

             (3)  A sample taken (other than of perishable goods) or a record made under subsection (1) must be retained until the later of:

                     (a)  the end of the period of 3 years from the day the sample is taken or the record made; or

                     (b)  if proceedings are commenced in relation to those goods—the proceedings are completed.

             (4)  If an owner of goods dealt with under section 107FJ requests further examination of a sample of the goods, that further examination is to be performed by a person nominated by the owner who is, in the CEO’s opinion, suitably qualified for the task.

107GC  Appointment of analyst

                   The CEO may, by written instrument, appoint an officer or other suitably qualified person to be an analyst for the purposes of this Act.

107GD  Evidentiary certificates in relation to goods immediately disposed of

Goods for which evidentiary certificates may be provided

             (1)  This section applies to proceedings in respect of goods that have been dealt with under section 107FJ.

Evidentiary certificate signed by officer

             (2)  An officer may sign a certificate stating any of the following:

                     (a)  that a person had, or did not have, a licence, permission or authority under this Act at a particular time;

                     (b)  if a person had a licence, permission or authority under this Act—the details of that licence, permission or authority;

                     (c)  that particular premises were, or were not, the subject of a licence, permission or authority under this Act at a particular time.

Analyst’s certificate

             (3)  An analyst appointed under section 107GC may sign a certificate stating in respect of a sample of the goods taken under section 107GB:

                     (a)  that the analyst was appointed under section 107GC; and

                     (b)  when and from whom the sample was received; and

                     (c)  what, if any, labels or other means of identifying the sample accompanied it when it was received; and

                     (d)  what container or containers the sample was in when it was received; and

                     (e)  a description of the sample received; and

                      (f)  when the sample, or a portion of it, was analysed; and

                     (g)  a description of the method of analysis; and

                     (h)  the results of the analysis.

Certificate is prima facie evidence of the matters stated

             (4)  A certificate is admissible as prima facie evidence of the matters stated in the certificate and, unless the contrary is proven, a document purporting to be such a certificate must be taken to be such a certificate.

Copy of certificate must be given to defendant

             (5)  Despite subsection (4), a certificate must not be admitted in evidence in proceedings for an offence in relation to the goods unless the person charged with the offence, or a legal practitioner who has appeared for the person in those proceedings, has been given a copy of the certificate at least 14 days before the certificate is sought to be admitted.

Person giving certificate may be called to give evidence

             (6)  Subject to subsection (7), if a certificate is admitted in evidence in proceedings for an offence, the person charged with the offence may require the person who signed the certificate to be called as a witness for the prosecution and cross‑examined as if he or she had given evidence of the matters stated in the certificate.

             (7)  Subsection (6) does not entitle the person charged to require the person who signed the certificate to be called as a witness for the prosecution unless:

                     (a)  in the case of a certificate under subsection (3), the prosecutor has been given at least 4 days’ notice of the person’s intention to require the analyst to be called; or

                     (b)  the court, by order, allows the person charged to require the person giving the certificate to be called.


 

Division 2Protection to officers

108  Reasonable cause for seizure a bar to action

                   No person shall be liable for any seizure under this Act for which there shall have been reasonable cause, and when any claimant recovers any goods seized or any proceeds thereof and at the same time reasonable cause for the seizure is found such finding shall bar all proceedings against all persons concerned in the seizing.

109  Notice of action to be given

                   No proceeding shall be commenced against any officer for anything done in execution of or by reason of his or her office until one month next after notice in writing shall have been delivered to him or her or left at his or her usual place of abode by the plaintiff, or the plaintiff’s attorney or agent, in which notice shall be clearly stated the cause and nature of the proceeding and the court in which the same is intended to be instituted, the name and place of abode of the plaintiff and the name and place of business of such attorney or agent unless the Supreme Court of a State or Territory has granted leave to the plaintiff to proceed without notice, which leave the Court may grant on such terms as it thinks just.

110  Defect in notice not to invalidate

                   No notice under section 109 shall be deemed invalid by reason of any defect or inaccuracy therein unless the Court is of opinion that the defect or inaccuracy would prejudice the defendant in his or her defence, and the Court may give leave to amend such notice as it thinks just.

111  No evidence to be produced but that contained in notice

                   Upon any proceeding instituted in pursuance of notice the plaintiff shall not be at liberty to advance any evidence of any cause of action except such as has been distinctly stated in such notice nor shall the plaintiff be entitled to a verdict without proving on the trial that such notice has been duly served.

112  Officer may tender amends

                   It shall be lawful for any officer to whom notice of proceeding shall have been given at any time within one month after such notice to tender amends to the plaintiff, or the plaintiff’s attorney or agent, and in case such amends be not accepted to plead such tender in defence either alone or with other defences and if the amends tendered shall be found to have been sufficient no costs shall be recovered against an officer and he or she shall be entitled to costs if he or she shall have brought the amount into court when entering his or her defence.

113  Commencement of proceedings against officers

                   Every proceeding against any officer shall except as mentioned in section 114 be commenced within 6 months after its cause shall have arisen and not afterwards and the venue shall be local and the defendant may plead the general issue and give any special matter in evidence.

114  Time for commencing action

             (1)  No proceeding whether against an officer or otherwise for anything done (whether before or after the commencement of this section) for the protection of the revenue in relation to any Excise Tariff or Excise Tariff alteration proposed in the Parliament shall, except as mentioned in section 115, be commenced before the close of the session in which the Excise Tariff or Excise Tariff alteration is so proposed or before the expiration of 12 months after the Excise Tariff or Excise Tariff alteration is so proposed, whichever first occurs.

             (2)  No proceeding, whether against an officer or otherwise, for anything done for the protection of the revenue in relation to an Excise Tariff or Excise Tariff alteration that is intended to be proposed in accordance with a notice under section 160B shall, except as provided in section 115, be commenced before:

                     (a)  the seventh sitting day of the House of Representatives after the date of publication of the notice, or the day on which the period of 6 months from the date of publication of the notice expires, whichever is the earlier day; or

                     (b)  where, on or before the earlier of the days referred to in paragraph (a), an Excise Tariff or Excise Tariff alteration that would validate the thing so done is proposed in the Parliament—the close of the session in which the Excise Tariff or Excise Tariff alteration is so proposed, or the expiration of 12 months after the Excise Tariff or Excise Tariff alteration is so proposed, whichever first happens.

115  Security may be required

                   The Supreme Court of a State or Territory on the application of any person who desires to commence any proceeding mentioned in section 114 against an officer may require the officer to give security to the satisfaction of the court to abide the result of the proceeding and in default of the giving of such security may sanction the immediate commencement of the proceedings.


 

Part XPenal provisions

  

116  Forfeiture

             (1)  The following goods shall be forfeited to the Crown:

                     (a)  all excisable goods manufactured or partly manufactured by a person who is not a licensed manufacturer;

                     (b)  all tobacco seed, tobacco plant or tobacco leaf found on any premises where the manufacture of excisable goods is unlawfully carried on;

                   (ba)  all tobacco seed, tobacco plant or tobacco leaf that has been moved without permission under section 44;

                   (bb)  all tobacco seed, tobacco plant (whether or not in the ground) or tobacco leaf found in the possession, custody or control of a person (other than a licensed producer, licensed dealer or licensed manufacturer) without permission;

                   (bc)  all tobacco seed, tobacco plant (whether or not in the ground) or tobacco leaf kept or stored at a place that is not specified in a producer licence, dealer licence or manufacturer licence;

                     (c)  all goods used, or capable of being used, in, or in connexion with, the manufacture of excisable goods, found on any premises where the manufacture of excisable goods is unlawfully carried on;

                     (d)  all excisable goods subject to the CEO’s control that are moved, altered or interfered with except as authorized by this Act;

                   (da)  a still made, removed, set up, erected, sold or otherwise disposed of, purchased or otherwise acquired, imported, or in the possession, custody or control of a person, in contravention of section 77FK;

                     (e)  all vehicles and animals conveying, or having packed therein or thereon, any forfeited goods, and all animals and harness used in drawing any such vehicle; and

                      (f)  all packages in which forfeited goods are contained.

             (2)  For the purposes of subsection (1), goods consisting of beer as defined in the Prefatory Notes to the Schedule to the Excise Tariff 1921 that are sold or offered for sale in contravention of paragraph 120(iiia) shall be deemed to be excisable goods manufactured by a person who is not a licensed manufacturer.

117  Unlawful possession of excisable goods

             (1)  A person (other than a licensed manufacturer) must not, without permission, intentionally possess, or have custody or control of, manufactured or partly manufactured excisable goods on which duty has not been paid knowing, or being reckless as to whether, the goods are excisable goods on which duty has not been paid.

Penalty:  2 years imprisonment or the greater of:

                     (a)  500 penalty units; and

                     (b)  5 times the amount of duty that would be payable if the goods had been entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A person (other than a licensed manufacturer) must not, without permission, possess, or have custody or control of, manufactured or partly manufactured excisable goods on which duty has not been paid.

Penalty:  100 penalty units.

Note:          An infringement notice may be issued for an offence against this subsection, see Part XA.

             (3)  Strict liability applies to subsection (2).

117A  Unlawfully moving excisable goods

             (1)  A person must not, without permission, intentionally move any excisable goods on which excise duty has not been paid from one place to another knowing, or being reckless as to whether, the goods are excisable goods on which excise duty has not been paid.

Penalty:  2 years imprisonment or the greater of:

                     (a)  500 penalty units; and

                     (b)  5 times the amount of duty that would be payable if the goods had been entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A person must not, without permission, move any excisable goods on which excise duty has not been paid from one place to another.

Penalty:  100 penalty units.

             (3)  Strict liability applies to subsection (2).

117B  Unlawfully selling excisable goods

             (1)  A person must not intentionally sell excisable goods on which duty has not been paid knowing, or being reckless as to whether, the goods are excisable goods on which duty has not been paid.

Penalty:  2 years imprisonment or the greater of:

                     (a)  500 penalty units; and

                     (b)  5 times the amount of duty that would be payable if the goods had been entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A person must not sell excisable goods on which duty has not been paid.

Penalty:  100 penalty units.

Note:          An infringement notice may be issued for an offence against this subsection, see Part XA.

             (3)  Strict liability applies to subsection (2).

             (4)  Subsections (1) and (2) do not apply in relation to a sale of excisable goods on which duty has not been paid if:

                     (a)  at the time of the sale, the goods are kept or stored at an approved place; and

                     (b)  after the sale, the goods are kept or stored at that place or another approved place until they are entered for home consumption or delivered for exportation.

Note:          A defendant bears an evidential burden for the matters in subsection (4).

117BA  Unlawfully selling LPG that is used for an excisable LPG use

                   A person commits an offence if:

                     (a)  the person intentionally sells LPG; and

                     (b)  the person knows that, or is reckless as to whether, the LPG will be used for an excisable LPG use; and

                     (c)  the LPG is used for an excisable LPG use; and

                     (d)  an LPG remission applies to the LPG at the time of the use.

Penalty:  2 years imprisonment or the greater of:

                     (a)  500 penalty units; and

                     (b)  5 times the amount of duty that would be payable if the goods had been entered for home consumption on the penalty day (assuming that an LPG remission had not applied to the LPG).

Note 1:       The meaning of apply is affected by subsection 4(5).

Note 2:       See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

117C  Unlawful possession of tobacco seed, plant or leaf

             (1)  A person (other than a licensed producer, licensed dealer or licensed manufacturer) must not, without permission, intentionally possess, or have custody or control of, material that is tobacco seed, tobacco plant or tobacco leaf knowing, or being reckless as to whether, the material is tobacco seed, tobacco plant or tobacco leaf.

Penalty: 

                     (a)  for tobacco seed or tobacco plant—2 years imprisonment or 500 penalty units; and

                     (b)  for tobacco leaf—2 years imprisonment or the greater of:

                              (i)  500 penalty units; and

                             (ii)  5 times the amount of duty, worked out under the regulations, being the duty that would be payable if the tobacco leaf had been manufactured into excisable goods and entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A person (other than a licensed producer, licensed dealer or licensed manufacturer) must not, without permission, possess, or have custody or control of, tobacco seed, tobacco plant or tobacco leaf.

Penalty:  100 penalty units.

             (3)  Strict liability applies to subsection (2).

117D  Unlawfully moving tobacco leaf

             (1)  A person must not, without permission under section 44, intentionally move material that is tobacco seed, tobacco plant or tobacco leaf from one place to another knowing, or being reckless as to whether, the material is tobacco seed, tobacco plant or tobacco leaf.

Penalty:

                     (a)  if the material is tobacco seed or tobacco plant—2 years imprisonment or 500 penalty units; and

                     (b)  if the material is tobacco leaf—2 years imprisonment or the greater of:

                             (a)  500 penalty units; and

                             (b)  5 times the amount of duty worked out under the regulations, being the duty that would be payable if the tobacco leaf had been manufactured into excisable goods and entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A person must not, without permission under section 44, move tobacco seed, tobacco plant or tobacco leaf from one place to another.

Penalty:  100 penalty units.

             (3)  Strict liability applies to subsection (2).

117E  Unlawfully buying tobacco seed or plant

             (1)  A person must not intentionally buy material that is tobacco seed or tobacco plant from another person who is not a licensed producer or licensed dealer knowing, or being reckless as to whether, the material is tobacco seed or tobacco plant and:

                     (a)  knowing the other person is not a licensed producer or licensed dealer; or

                     (b)  being reckless as to whether the other person is a licensed producer or licensed dealer.

Penalty:  2 years imprisonment or 500 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A person must not buy tobacco seed or tobacco plant from a person who is not a licensed producer or licensed dealer.

Penalty:  100 penalty units.

             (3)  Strict liability applies to subsection (2).

117F  Unlawfully buying tobacco leaf

             (1)  A person must not intentionally buy material that is tobacco leaf from another person who is not a licensed producer, licensed dealer or licensed manufacturer knowing, or being reckless as to whether, the material is tobacco leaf and:

                     (a)  knowing the other person is not a licensed producer, licensed dealer or licensed manufacturer; or

                     (b)  being reckless as to whether the other person is a licensed producer, licensed dealer or licensed manufacturer.

Penalty:  2 years imprisonment or the greater of:

                     (a)  500 penalty units; and

                     (b)  5 times the amount of duty, worked out under the regulations, being the duty that would be payable if the tobacco leaf had been manufactured into excisable goods and entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A person must not buy tobacco leaf from a person who is not a licensed producer, licensed dealer or licensed manufacturer.

Penalty:  100 penalty units.

             (3)  Strict liability applies to subsection (2).

117G  Unlawfully selling tobacco seed or plant

             (1)  A person must not intentionally sell material that is tobacco seed or tobacco plant to another person who is not a licensed producer, licensed dealer or licensed manufacturer knowing, or being reckless as to whether, the material is tobacco seed or tobacco plant and:

                     (a)  knowing the other person is not a licensed producer, licensed dealer or licensed manufacturer; or

                     (b)  being reckless as to whether the other person is a licensed producer, licensed dealer or licensed manufacturer.

Penalty:  2 years imprisonment or 500 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A person must not sell tobacco seed or tobacco plant to a person who is not a licensed producer, licensed dealer or licensed manufacturer.

Penalty:  100 penalty units.

             (3)  Strict liability applies to subsection (2).

117H  Unlawfully selling tobacco leaf

             (1)  A person must not intentionally sell material that is tobacco leaf to another person who is not a licensed dealer or licensed manufacturer knowing, or being reckless as to whether, the material is tobacco leaf and:

                     (a)  knowing the other person is not a licensed dealer or licensed manufacturer; or

                     (b)  being reckless as to whether the other person is a licensed dealer or licensed manufacturer.

Penalty:  2 years imprisonment or the greater of:

                     (a)  500 penalty units; and

                     (b)  5 times the amount of duty, worked out under the regulations, being the duty that would be payable if the tobacco leaf had been manufactured into excisable goods and entered for home consumption on the penalty day.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A person must not sell tobacco leaf to a person who is not a licensed dealer or licensed manufacturer.

Penalty:  100 penalty units.

             (3)  Strict liability applies to subsection (2).

117I  Counterfeit tobacco labels

             (1)  A person must not intentionally make counterfeit tobacco bale labels.

Penalty:  500 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  A person must not intentionally use a tobacco bale label knowing, or being reckless as to whether, the label is counterfeit.

Penalty:  500 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (3)  A person must not use a counterfeit tobacco bale label.

Penalty:  100 penalty units.

             (4)  Strict liability applies to subsection (3).

118  Illegal prevention of seizures

                   All persons to the number of 2 or more assembled with the intention of preventing the seizure of, or for rescuing after seizure any forfeited goods is guilty of an offence punishable on conviction by a fine not exceeding 50 penalty units or imprisonment for a period not exceeding 2 years, or both.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

120  Offences

             (1)  A person shall not:

                              (i)  sell except by authority any excisable goods unlawfully removed from a factory;

                          (iiia)  sell or offer for sale any goods consisting of beer as defined in the Prefatory Notes to the Schedule to the Excise Tariff 1921 being beer that has not been manufactured at a factory that is a brewery for the purposes of Part VIIA;

                            (iv)  evade payment of any duty which is payable;

                            (vi)  either:

                                          (i)  intentionally make a statement to an officer, reckless as to the fact that the statement is false or misleading in a material particular; or

                                         (ii)  intentionally omit from a statement made to an officer any matter or thing, reckless as to the fact that without the matter or thing the statement is misleading in a material particular;

                            (ix)  sell or offer for sale any goods upon the pretence that such goods are excisable goods upon which Excise duty has not been paid.

             (2)  A person who contravenes subsection (1) is guilty of an offence punishable upon conviction:

                     (a)  in the case of an offence against paragraph (1)(i), (iiia) or (ix), by a fine not exceeding 10 penalty units;

                     (b)  in the case of an offence against paragraph (1)(iv), by:

                              (i)  where the Court can determine the amount of the duty on goods the payment of which would have been evaded by the commission of the offence if the goods had been entered for home consumption on:

                                        (A)  where the date on which the offence was committed—that date; or

                                        (B)  where the date is not known to the Court—the date on which the prosecution for the offence was instituted;

                                   a fine not exceeding 5 times the amount of that duty and not less than 2 times that amount; or

                             (ii)  where the Court cannot determine the amount of that duty, a fine not exceeding 500 penalty units;

                     (d)  subject to subsections (3) and (4), in the case of an offence against paragraph (1)(vi), by a penalty not exceeding 50 penalty units.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (3)  Where a person is convicted of an offence against paragraph (1)(vi) in relation to a statement made, or an omission from a statement made, in respect of the amount of duty payable on particular goods, a Court may, in relation to that offence, impose a penalty not exceeding the sum of 50 penalty units and twice the amount of the duty payable on those goods.

124  Collusive seizures penalty

             (1)  Whoever:

Rescuing goods

                     (c)  Rescues any goods which have been seized or destroys any goods or documents relating thereto with the intention of preventing the seizure thereof or the securing the same or the proof of any offence;

Persons assaulting or obstructing officers

                     (d)  Assaults or by force resists molests or obstructs or endeavours to intimidate any person acting in aid or assistance of an officer in the execution of the officer’s duties;

is guilty of an offence punishable on conviction:

                      (f)  in the case of an offence against paragraph (c), by a fine not exceeding 50 penalty units or imprisonment for a period not exceeding 2 years, or both; or

                     (g)  in the case of an offence against paragraph (d), by a fine not exceeding 10 penalty units or imprisonment for a period not exceeding 6 months, or both.

             (2)  Notwithstanding that an offence against paragraph (1)(c) is an indictable offence, a Court of summary jurisdiction may hear and determine proceedings in respect of such an offence but, where such a Court convicts a person of such an offence, the penalty that the Court may impose is a fine not exceeding 20 penalty units or imprisonment for a term not exceeding one year, or both.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

127A  Alternative penalties

                   If:

                     (a)  penalties are provided in the alternative for an offence against:

                              (i)  a provision of Part III or IV; or

                             (ii)  a provision of section 44, 61, 61A, 61C, 117, 117A, 117B, 117BA, 117C, 117D, 117E, 117F, 117G, 117H or 117I; and

                     (b)  a person is convicted of an offence against that provision;

then the court may impose both penalties on the person.

128  Penalties in addition to forfeitures

                   All penalties shall be in addition to any forfeiture.


 

Part XAPenalty instead of prosecution

  

129A  Purpose and effect of this Part

             (1)  The purpose of this Part is to create a system of infringement notices for offences against subsections 117(2) and 117B(2) as an alternative to prosecutions of the offences.

             (2)  This Part does not:

                     (a)  require an infringement notice to be issued to a person for an offence; or

                     (b)  affect the liability of a person to prosecution in respect of an offence if an infringement notice is not issued to the person for the offence; or

                     (c)  prevent the issue of 2 or more infringement notices to a person for an offence; or

                     (d)  affect the liability of a person to prosecution for an offence if the person does not comply with an infringement notice issued for the offence; or

                     (e)  limit or otherwise affect the penalty that may be imposed by a court on a person as a result of a prosecution.

129B  When an infringement notice may be issued

                   If the CEO has reasonable grounds to believe that a person has committed an offence against subsection 117(2) or 117B(2), the CEO may, within 12 months of the commission of the offence, issue an infringement notice to the person for the offence.

Note:          For service of the infringement notice, see section 28A of the Acts Interpretation Act 1901.

129C  Matters to be included in an infringement notice

             (1)  An infringement notice must:

                     (a)  state the day on which it is issued; and

                     (b)  give brief details of the offence that the person is alleged to have committed, including the day on which the offence was committed and where the offence happened; and

                     (c)  state the name of the person to whom it is issued; and

                     (d)  state that the penalty payable under the notice is 20 penalty units; and

                     (e)  contain the additional information required by subsection (2).

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

             (2)  The notice must tell the person to whom it is issued that:

                     (a)  the person may pay the penalty stated in the notice:

                              (i)  by posting or delivering the payment to the place of payment stated in the notice; or

                             (ii)  in any other way stated in the notice; and

                     (b)  if the person pays the penalty within 28 days after the day on which the notice is issued, or any longer time allowed in writing by the CEO, the person will not be liable to prosecution in court for the offence, unless the notice is withdrawn.

129D  Due date for penalty

                   The penalty becomes due for payment on the day specified in the infringement notice, which must be at least 28 days after the day on which the notice was issued.

129E  Effect of payment of penalty

             (1)  If the person to whom an infringement notice for an offence is issued pays the penalty specified in the notice:

                     (a)  any liability of the person for the offence is discharged; and

                     (b)  a prosecution of the offence may not be brought against the person.

             (2)  Subsection (1) does not apply if the notice has been withdrawn and the penalty paid has been refunded.

129F  Withdrawal of infringement notice

             (1)  The CEO may withdraw an infringement notice that has been issued to a person if the CEO is satisfied that in all the circumstances it is proper to do so.

Note:          For service of the withdrawal notice, see section 28A of the Acts Interpretation Act 1901.

             (2)  If the person has already paid the penalty stated in the notice, the CEO must refund it.

             (3)  Notice of the withdrawal of the infringement notice must be given to the person. The withdrawal notice must state:

                     (a)  the person’s name and address; and

                     (b)  the date of issue of the infringement notice; and

                     (c)  that the infringement notice is withdrawn; and

                     (d)  that a prosecution of the offence may be brought against the person in a court.


 

Part XIExcise prosecutions

  

133  Meaning of Excise prosecution

                   Excise prosecutions are proceedings by the CEO:

                     (a)  for the recovery of penalties under any Excise Act; or

                     (c)  for the condemnation of goods seized as forfeited.

134  Institution of prosecutions

             (1)  Excise prosecutions may be instituted by the CEO in the name of the office of the CEO by action, information or other appropriate proceeding:

                     (a)  in the Supreme Court of a State;

                     (b)  in the Supreme Court of the Australian Capital Territory;

                     (c)  in the Supreme Court of the Northern Territory;

                     (d)  in a County Court or District Court of a State;

                     (e)  in a Local Court, being a Local Court of full jurisdiction, of South Australia or of the Northern Territory; or

                      (f)  in a court of summary jurisdiction of a State, of the Australian Capital Territory or of the Northern Territory.

             (2)  Where an Excise prosecution for a pecuniary penalty that, but for this section, would exceed 400 penalty units is instituted in a Court referred to in paragraph (1)(d) or (e), the amount of that penalty that exceeds 400 penalty units shall be taken to have been abandoned.

             (4)  Where a Excise prosecution for a pecuniary penalty that, but for this subsection, would exceed 200 penalty units is instituted in a Court referred to in paragraph (1)(f), the amount of that penalty that exceeds 200 penalty units shall be taken to have been abandoned.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

136  Prosecution in accordance with practice rules

                   Every Excise prosecution in a court referred to in subsection 134(1) may be commenced prosecuted and proceeded with in accordance with any rules of practice (if any) established by the Court for Crown suits in revenue matters or in accordance with the usual practice and procedure of the Court in civil cases or in accordance with the directions of the Court or a Judge.

137  State Court practice

                   Subject to the provisions of this Act the provisions of the law relating to summary proceedings in force in the State or Territory where the proceedings are instituted shall apply to all Excise prosecutions before a Court of summary jurisdiction in a State or Territory, and an appeal shall lie from any conviction order for condemnation or order of dismissal to the Court and in the manner provided by the law of the State or Territory where such conviction or order is made for appeals from convictions or orders of dismissal.

138  Commencement of prosecutions

                   Excise prosecutions may be instituted at any time within 5 years after the cause thereof.

139  Information etc. to be valid etc. if in words of Act

                   All informations summonses other originating processes convictions condemnations and warrants shall suffice if the offence or forfeiture is set forth as nearly as may be in the words of this Act.

140  No objections for informality

                   No objection shall be taken or allowed to any information, summons or other originating process for any alleged defect therein in substance or in form or for any variance between such information, summons or other originating process and the evidence adduced at the hearing in support thereof, and the Court shall at all times make any amendment necessary to determine the real question in dispute or which may appear desirable.

141  Conviction not to be quashed

                   No conviction warrant of commitment or condemnation order or other proceeding matter or thing done or transacted in relation to the execution or carrying out of any Excise Act shall be held void quashed or set aside by reason of any defect therein or want of form and no party shall be entitled to be discharged out of custody on account of such defect.

142  Protection to witnesses

                   No witness on behalf of the Minister, CEO, Collector or officer in any Excise prosecution shall be compelled to disclose the fact that he or she received or gave any information or the nature thereof or the name of the person who gave such information, and no officer appearing as a witness shall be compelled to produce any reports made or received by him or her confidentially in his or her official capacity or containing confidential information.

143  Defendant a competent witness

             (1)  In every Excise prosecution the defendant shall be competent to give evidence.

             (2)  In every Excise prosecution except for an indictable offence or for an offence directly punishable by imprisonment the defendant shall be compellable to give evidence.

144  Averment of prosecution sufficient

             (1)  In any Excise prosecution the averment of the prosecutor or plaintiff contained in the information, complaint, declaration or claim shall be prima facie evidence of the matter or matters averred.

             (2)  This section shall apply to any matter so averred although:

                     (a)  evidence in support or rebuttal of the matter averred or of any other matter is given by witnesses; or

                     (b)  the matter averred is a mixed question of law and fact but in that case the averment shall be prima facie evidence of the fact only.

             (3)  Any evidence given by witnesses in support or rebuttal of a matter so averred shall be considered on its merits and the credibility and probative value of such evidence shall be neither increased nor diminished by reason of this section.

             (4)  Subsection (1) does not apply:

                     (a)  to any fault element of an offence; or

                     (b)  in relation to any offence for which imprisonment is a penalty; or

                     (c)  to proceedings for an indictable offence.

             (5)  This section shall not lessen or affect any onus of proof otherwise falling on the defendant.

145  Proof of proclamations etc.

                   The production of the Gazette containing any proclamation Gazette notice or regulation appearing to have been issued or made under this Act or the production of any document certified by the CEO or the Collector to be a true copy of or extract from any such proclamation, Gazette notice, or regulation issued or made under this Act shall be prima facie evidence of the issue or making of such proclamation, Gazette notice, or regulation, and that the same is in force.

145A  Conduct by directors, servants or agents

             (1)  Where, in an Excise prosecution in respect of any conduct engaged in by a body corporate, it is necessary to establish the state of mind of the body corporate, it is sufficient to show that a director, servant or agent of the body corporate, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.

             (2)  Any conduct engaged in on behalf of a body corporate:

                     (a)  by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; or

                     (b)  by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;

shall be deemed, for the purposes of this Act, to have been engaged in also by the body corporate.

             (3)  Where, in an Excise prosecution in respect of any conduct engaged in by a person other than a body corporate, it is necessary to establish the state of mind of the person, it is sufficient to show that a servant or agent of the person, being a servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.

             (4)  Any conduct engaged in on behalf of a person other than a body corporate:

                     (a)  by a servant or agent of the person within the scope of the actual or apparent authority of the servant or agent; or

                     (b)  by any other person at the direction or with the consent or agreement (whether express or implied) of a servant or agent of the first‑mentioned person, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the servant or agent;

shall be deemed, for the purposes of this Act, to have been engaged in also by the first‑mentioned person.

             (5)  A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for his or her intention, opinion, belief or purpose.

146  Minimum penalties

                   No minimum penalty imposed by this Act shall be liable to reduction under any power of mitigation which would but for this section be possessed by the Court.

148  Collector may levy on goods in his or her possession

                   When any pecuniary penalty adjudged against any person is unpaid the Collector may levy the same by sale of any goods belonging to such person which may then or thereafter be subject to the CEO’s control.

150  Imprisonment not to release penalty

                   No person shall be twice imprisoned upon the same conviction but the suffering of imprisonment for non‑payment of a penalty shall not release the penalty or affect the right of the CEO to collect the amount in any manner provided by this Act other than by imprisonment of the person convicted.

151  Conviction to operate as a condemnation

                   Where the committal of any offence causes a forfeiture of any goods the conviction of any person for such offence shall have effect as a condemnation of the goods in respect of which the offence is committed.

152  Parties may recover costs

                   In an Excise prosecution, whether commenced before or after the commencement of this section, a court may award costs against a party, and, where an amount of costs is awarded against a party other than the prosecutor, section 148 and any provision of a law of a State or Territory that, by virtue of an Act other than this Act, applies in relation to the recovery of pecuniary penalties under this Act apply in relation to the recovery of the amount of costs so awarded as if it were a pecuniary penalty adjudged to be paid by the party under this Act.

153  Application of penalties

                   All penalties and forfeitures recovered under any Excise Act shall be applied to such purposes and in such proportions as the CEO may direct.


 

Part XIIDisputes as to duty

  

154  Deposit of duty

                   If any dispute shall arise as to the amount or rate of duty or as to the liability of goods to duty the owner may deposit with the Collector the amount of duty demanded and thereupon the following consequences shall ensue:

                     (1)  The owner upon making proper entry shall be entitled to delivery of the goods.

                     (2)  The deposit shall be deemed the proper duty unless by action commenced by the owner against the Collector within 6 months after making the deposit the contrary shall be determined, in which case any excess of the deposit over the proper duty shall be refunded by the Collector to the owner with 5% per annum interest added.

The provisions of this section shall not apply in cases where the CEO is of opinion that any evasion of this Act has been committed or attempted.

155  Limited dispute rights because of objection against private ruling

             (1)  This section applies if there has been a taxation objection under Part IVC of the Taxation Administration Act 1953 against a private ruling (within the meaning of the Income Tax Assessment Act 1997) that relates to:

                     (a)  the amount or rate of duty; or

                     (b)  the liability of goods to duty.

             (2)  The right of the owner to commence an action mentioned in subsection 154(2) of this Act in relation to the goods is limited to a right to bring an action on the grounds that neither were, nor could have been, grounds for the taxation objection against the ruling.


 

Part XIVMiscellaneous

  

159A  Jurisdiction of courts

             (1)  A provision of the Judiciary Act 1903 by which a court of a State is invested with federal jurisdiction has effect, in relation to matters arising under this Act, as if that jurisdiction were so invested without limitation as to locality other than the limitation imposed by section 80 of the Constitution.

             (2)  Subject to the Constitution, jurisdiction is conferred on the several courts of the Territories within the limits of their several jurisdictions, other than limits as to locality, with respect to matters arising under this Act.

             (3)  The trial of an offence against a provision of this Act not committed within a State may be held by a court of competent jurisdiction at any place where the court may sit.

160  Alteration of agreements where duty altered

                   If after any agreement is made for the sale or delivery of excisable goods duty paid any alteration takes place in the duty collected affecting such goods before they are entered for home consumption then in the absence of express written provision to the contrary the agreement shall be altered as follows:

                     (a)  In the event of the alteration being a new or increased duty the seller after payment of the new or increased duty may add the difference caused by the alteration to the agreed price.

                     (b)  In the event of the alteration being the abolition or reduction of duty the purchaser may deduct the difference caused by the alteration from the agreed price.

                     (c)  Any refund or payment of increased duty resulting from the alteration not being finally adopted shall be allowed between the parties as the case may require.

160A  Ship’s stores and aircraft’s stores

             (1)  Except as provided by the regulations, ship’s stores and aircraft’s stores are not liable to Excise duty.

             (2)  Goods consisting of ship’s stores or aircraft’s stores, other than goods of a prescribed kind, may be taken on board an overseas ship or an international aircraft in accordance with an approval granted under section 129 of the Customs Act 1901 notwithstanding that an entry has not been made and passed under this Act in respect of the goods authorizing the removal of the goods to the ship or aircraft and duty has not been paid on the goods.

             (3)  Where duty is payable on goods taken on board an overseas ship as ship’s stores, or on board an international aircraft as aircraft’s stores, in accordance with an approval granted under section 129 of the Customs Act 1901 without duty having been paid on the goods, the duty shall, on demand for payment of the duty being made by a Collector to the master or owner of the ship or to the pilot or owner of the aircraft, be paid as if the goods had been entered for home consumption on the day on which the demand was made.

             (4)  The owner of a ship, or, if so directed by an officer, the master of a ship, shall, whenever so directed by an officer, give to a Collector a return, in accordance with a form made available by the Collector, relating to the ship’s stores of the ship and to goods taken on board the ship as ship’s stores.

       (4AA)  The owner of an aircraft, or, if so directed by an officer, the pilot of an aircraft, shall, whenever so directed by an officer, give to a Collector particulars of:

                     (a)  controlled goods that are aircraft’s stores of the aircraft; and

                     (b)  controlled goods taken on board the aircraft as aircraft’s stores.

             (5)  In this Part:

aircraft’s stores means stores for the use of the passengers or crew of an international aircraft, or for the service of an international aircraft.

ship’s stores means stores for the use of the passengers or crew of an overseas ship, or for the service of an overseas ship.

160B  Notification of proposals when House of Representatives not sitting

             (1)  The CEO may, at any time when the Parliament is prorogued or the House of Representatives has expired by effluxion of time, has been dissolved or is adjourned otherwise than for a period not exceeding 7 days, publish in the Gazette a notice that is intended, within 7 sitting days of the House of Representatives after the date of publication of the notice, to propose in the Parliament an Excise Tariff or Excise Tariff alteration in accordance with particulars specified in the notice and operating as from such time as is specified in the notice, not being:

                     (a)  in the case of an Excise Tariff or Excise Tariff alteration that could have the effect of making the duty payable by any person greater than the duty that would, but for that Excise Tariff or Excise Tariff alteration, be payable—a time earlier than the time of publication of the notice; or

                     (b)  in any other case—a time earlier than 6 months before the time of publication of the notice.

             (2)  Where notice of intention to propose an Excise Tariff or an Excise Tariff alteration has been published in accordance with this section, the Excise Tariff or Excise Tariff alteration shall, for the purposes of this Act (other than section 114) and any other Act, be deemed to be an Excise Tariff or an Excise Tariff alteration, as the case may be, proposed in the Parliament.

162  Rebate

                   If any rebate is allowed in respect of any excise duty, the allowance shall be made and duty paid as prescribed.

162B  Sale by Collector

             (1)  Goods and packages, or goods, vessels and packages, which, by section 77F or 39N, the Collector is authorized to sell (in this section referred to as goods to which this section applies) shall not be sold except by auction or by tender and after such public notice as is prescribed or, if no such notice is prescribed, after reasonable public notice.

             (2)  Goods to which this section applies may be sold either free of duty or subject to duty.

             (3)  The conditions on which goods to which this section applies are offered for sale shall include conditions that no bid or tender shall necessarily be accepted and that upon the acceptance of a bid or tender the successful bidder or tenderer shall pay the price in cash forthwith.

             (4)  If no bid or tender satisfactory to the Collector is made or received, goods to which this section applies may be re‑offered for sale until such a bid or tender is made or received.

             (5)  The proceeds of a sale of goods to which this section applies by the Collector shall be applied:

                     (a)  in payment of the expenses of the sale; and

                     (b)  unless the goods are sold subject to duty, in payment of the duty on the goods; and

                     (c)  in payment of the expenses of the removal of the goods in pursuance of section 77F or 39N; and

                     (d)  in payment of the warehouse rent and charges and other storage charges (if any) in respect of the goods;

in that order, and the balance, if any, shall be paid to the Finance Minister on account of the person entitled to it.

             (6)  The rate of duty applicable to goods to which this section applies sold by the Collector is the rate in force at the time of the sale.

162C  Review of decisions

             (1)  A person who is dissatisfied with a decision that applies to the person may object against the decision, in the manner set out in Part IVC of the Taxation Administration Act 1953, if the decision is one of the following:

                     (a)  a decision of the CEO giving an approval, or refusing to give an approval, under paragraph 58(5)(a);

                     (b)  quota orders, and variations of quota orders made by the CEO under section 59A or 59B;

                     (c)  a demand made by a Collector under section 60, 77AA, 77FH or 77M;

                     (d)  a decision of the Collector under section 61C to refuse to give a permission under that section;

                     (e)  a decision of the Collector under section 61C to impose a condition on a permission given under that section;

                      (f)  a decision of the Collector under subsection 61C(7) to revoke a permission given under that section;

                     (g)  a decision of the CEO to refuse to give an approval under section 77FD or 77FF;

                     (h)  a decision of the CEO to specify conditions in an approval given under section 77FD or 77FF;

                      (i)  a decision of a Collector under section 78 in relation to a remission, refund or rebate of excise duty;

                      (j)  a decision of a Collector under section 79 in relation to a drawback of excise duty;

                     (k)  a decision of the CEO under subsection 80(2) demanding repayment of the whole or a part of a rebate of duty;

                      (l)  a decision of a Collector for the purposes of section 61D; and

                    (m)  a decision of a Collector for the purposes of section 61E; and

                     (n)  the decision of the CEO under section 165A as to the amount of duty shortpaid or overpaid.

             (2)  If:

                     (a)  a dispute referred to in section 154 has arisen; and

                     (b)  the owner of the goods relating to the dispute has, under that section, deposited the amount of duty demanded by the Collector;

a person who is dissatisfied with the Collector’s decision to demand the amount may object against the decision, in the manner set out in Part IVC of the Taxation Administration Act 1953.

             (3)  A person is not to object under subsection (2) except within a period of 6 months after the making of the deposit referred to in that subsection.

             (4)  Where the owner of goods has objected under subsection (2):

                     (a)  consequences referred to in paragraph 154(2) shall not ensue and the owner of the goods is not entitled to institute against the Collector an action referred to in that paragraph; and

                     (b)  the proper duty payable in respect of the goods shall be deemed to be:

                              (i)  the amount determined to be the proper duty by, or ascertained to be the proper duty in accordance with:

                                        (A)  the decision of the Tribunal;

                                        (B)  an order of a Court on appeal from that decision; or

                             (ii)  the amount of the deposit;

                            whichever is the less, and where the amount of the deposit exceeds the amount referred to in subparagraph (i), the excess shall be refunded by the Collector to the owner with interest at the rate of 5% per annum.

             (5)  In this section, decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.


 

Part XVRegulations and by‑laws

  

163A  Interpretation

             (1)  In this Part, unless the contrary intention appears:

proposed item of an Excise Tariff means:

                     (a)  an item of an Excise Tariff proposed in the Parliament; or

                     (b)  an item of an Excise Tariff as proposed to be altered by an Excise Tariff alteration proposed in the Parliament.

proposed section of an Excise Tariff means:

                     (a)  a section in an Excise Tariff proposed in the Parliament; or

                     (b)  a section in an Excise Tariff as proposed to be altered by an Excise Tariff alteration proposed in the Parliament.

             (2)  Unless the contrary intention appears, a reference in this Part to an item of an Excise Tariff shall be read as including a reference to a sub‑item of such an item, a paragraph of such a sub‑item and a subparagraph of such a paragraph.

             (3)  Unless the contrary intention appears, a reference in this Part to a section in an Excise Tariff shall be read as including a reference to a subsection of such a section, a paragraph of such a section or subsection, a subparagraph of such a paragraph and a sub‑subparagraph of such a subparagraph.

164  Regulations

                   The Governor‑General may make regulations not inconsistent with this Act prescribing all matters which by this Act are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for giving effect to this Act or for the conduct of any business relating to the Excise and, in particular, prescribing penalties not exceeding a fine of 3 penalty units for an offence against the regulations.

Note:          See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

164A  Effect of regulations relating to condensate

             (1)  Despite subsection 12(2) of the Legislative Instruments Act 2003, regulations made for the purposes of this Act in relation to condensate may be expressed to take effect from a date before the regulations are registered under the Legislative Instruments Act 2003.

             (2)  Subsection (1) does not apply to regulations that create, modify or otherwise affect a provision that makes a person liable to an offence or civil penalty.

165  CEO may make by‑laws

             (1)  Where:

                     (a)  an item of an Excise Tariff, or a proposed item of an Excise Tariff, is expressed to apply to goods, or to a class or kind of goods, as prescribed by by‑law; or

                     (b)  under an item of an Excise Tariff, or a proposed item of an Excise Tariff, any matter or thing is expressed to be as prescribed or defined by by‑law;

the CEO may, subject to this Part, make by‑laws for the purposes of that item or proposed item.

             (2)  Where in a section of an Excise Tariff, or a proposed section of an Excise Tariff, any matter or thing is expressed to be as prescribed, defined or declared by by‑law, the CEO may, subject to this Part, make by‑laws for the purposes of that section or proposed section.

165A  By‑laws prescribing onshore fields or exempt offshore fields may be revoked within 3 years

             (1)  If:

                     (a)  for the purposes of the Excise Tariff, the CEO has made, or is taken to have made, by‑laws under section 165 prescribing 2 or more fields as onshore fields or exempt offshore fields; and

                     (b)  on the basis of subsequent information, the Resources Minister is satisfied that the fields as prescribed are actually parts of a single field;

that Minister may, within 3 years after those by‑laws or the earliest of those by‑laws comes into effect, make a by‑law (replacement by‑law) that:

                     (c)  revokes the original by‑laws from the day each of those by‑laws came into effect; and

                     (d)  substitutes for the original by‑laws a new by‑law that, with effect from the day the revoked by‑laws or the earliest of the revoked by‑laws came into effect, prescribes the single field as an onshore field or an exempt offshore field.

             (2)  If:

                     (a)  for the purposes of the Excise Tariff, the CEO has made, or is taken to have made, a by‑law under section 165 prescribing a field as an onshore field or an exempt offshore field; and

                     (b)  on the basis of subsequent information, the Resources Minister is satisfied that the field as so prescribed is actually 2 or more separate fields;

that Minister may, within 3 years after that by‑law comes into effect, make by‑laws (replacement by‑laws):

                     (c)  of which one:

                              (i)  revokes the original by‑law from the day that by‑law came into effect; and

                             (ii)  substitutes for the original by‑law a new by‑law that, with effect from that day, prescribes one of the separate fields as an onshore field or an exempt offshore field; and

                     (d)  of which the other, or each of the others, prescribes the other separate field or each of the other separate fields, with effect from that day, as an onshore field or an exempt offshore field.

             (3)  Within 90 days after the Resources Minister makes a replacement by‑law under subsection (1), the CEO must, having regard to the information (if any) provided by the producer and to other relevant information:

                     (a)  work out the amount of duty (if any) that is shortpaid by the relevant producer to the Commonwealth having regard to the replacement by‑law; and

                     (b)  notify the relevant producer, in writing, of that amount.

             (4)  Within 90 days after the Resources Minister makes replacement by‑laws under subsection (2), the CEO must, having regard to the information (if any) provided by the producer and to other relevant information:

                     (a)  work out the amount of duty (if any) overpaid by the relevant producer to the Commonwealth having regard to those replacement by‑laws; and

                     (b)  notify the relevant producer, in writing, of that amount.

             (5)  If a replacement by‑law made under subsection (1) is published in the Gazette, no action lies against the relevant producer for recovery of the amount of duty shortpaid until 60 days after notification under subsection (3) of the duty shortpaid.

             (6)  If an amount is notified under subsection (3):

                     (a)  the amount is, subject to subsections (13) and (14), payable by the relevant producer to the Commonwealth within 60 days after it is so notified; and

                     (b)  if that amount is paid during that period, no interest is payable on that amount or on any part of that amount.

             (7)  If replacement by‑laws made under subsection (2) are published in the Gazette, no action lies against the Commonwealth for recovery of the amount of duty overpaid until 60 days after notification under subsection (4) of the duty overpaid.

             (8)  If an amount is notified under subsection (4):

                     (a)  the amount is, subject to subsections (13) and (14), payable by the Commonwealth to the relevant producer within 60 days after the day so notified; and

                     (b)  if that amount is paid during that period, no interest is payable on that amount or on any part of that amount.

             (9)  If, within 60 days after an amount is notified to a relevant producer under subsection (3), the producer fails to pay that amount to the Commonwealth, interest may be charged only with effect from the day on which the replacement by‑law was published in the Gazette.

           (10)  If, within 60 days after an amount is notified to a relevant producer under subsection (4), the Commonwealth fails to pay that amount to the producer, interest may be charged only with effect from the day on which the replacement by‑laws were published in the Gazette.

           (11)  Nothing in this section prevents the Finance Minister allowing a relevant producer, under section 34 of the Financial Management and Accountability Act 1997, to pay the amount notified to the relevant producer under subsection (3) in instalments in accordance with the provisions of that Act and, if the Minister so allows, subsections (6) and (9) do not apply.

           (12)  In allowing for the payment of an amount in instalments, the Finance Minister may require the payment of interest on amounts remaining unpaid from time to time after the day on which the replacement by‑law was published, in the Gazette.

           (13)  A relevant producer:

                     (a)  who has been notified of an amount of duty shortpaid under subsection (3) or an amount of duty overpaid under subsection (4); and

                     (b)  who is of the opinion that the decision as to that amount is incorrect;

may apply to the Administrative Appeals Tribunal under paragraph 162C(1)(n) for review of the decision.

           (14)  If a relevant producer applies to the Administrative Appeals Tribunal for review of the decision as to the amount of duty shortpaid or overpaid:

                     (a)  the period starting with the application and ending with the final determination by the Administrative Appeals Tribunal or by a Court on appeal from the Tribunal of the amount of duty shortpaid or overpaid is to be disregarded in working out, for the purposes of subsection (5), (6), (7) or (8), whether 60 days have passed since that amount was notified; and

                     (b)  if it is determined, or ultimately determined, that the amount of duty shortpaid or overpaid is more or less than the amount notified by the CEO, the notification by the CEO is to be treated as if it were, and had always been, a notification of the amount determined or ultimately determined by the Tribunal or Court.

166  By‑laws specifying goods

                   The CEO may specify in a by‑law made for the purposes of an item, or a proposed item, of an Excise Tariff that is expressed to apply to goods, or to a class or kind of goods, as prescribed by by‑law:

                     (a)  the goods, or the class or kind of goods, to which that item or proposed item applies;

                     (b)  the conditions, if any, subject to which that item or proposed item applies to those goods or to goods included in that class or kind of goods; and

                     (c)  such other matters as are necessary to determine the goods to which that item or proposed item applies.

167  By‑laws for purposes of repealed items

                   The CEO may make a by‑law for the purposes of an item of an Excise Tariff notwithstanding that the item has been repealed before the making of the by‑law, but the by‑law shall not apply to goods entered for home consumption after the repeal of that item.

168  Publication of by‑laws

                   A by‑law made under this Part:

                     (a)  shall be published in the Gazette, and has no force until so published; and

                     (b)  shall, subject to this Part:

                              (i)  take effect, or be deemed to have taken effect, from the date of publication, or from a date (whether before or after the date of publication) specified by or under the by‑law; or

                             (ii)  have effect, or be deemed to have had effect, for such period (whether before or after the date of publication) as is specified by or under the by‑law.

169  Retrospective by‑laws not to increase duty

                   This Part does not authorize the making by the CEO of a by‑law which has the effect of imposing duty, in relation to goods entered for home consumption before the date on which the by‑law is published in the Gazette, at a rate higher than the rate of duty payable in respect of those goods on the day on which those goods were entered for home consumption.

170  By‑laws for purposes of proposals

                   Where:

                     (a)  a by‑law is made for the purposes of an Excise Tariff proposed in the Parliament or of an Excise Tariff as proposed to be altered by an Excise Tariff alteration proposed in the Parliament; and

                     (b)  the proposed Excise Tariff becomes an Excise Tariff or the proposed alteration is made, as the case may be;

the by‑laws shall have effect for the purposes of that Excise Tariff or of that Excise Tariff as so altered, as the case may be, as if the by‑law had been made for those purposes and the proposed Excise Tariff or the Excise Tariff as proposed to be altered, as the case may be, had been in force on the day on which the by‑law was made.


Schedules

Schedule IAustralia

  

  

Security under the Excise Act 1901

By this security the Subscribers are, pursuant to the Excise Act 1901, bound to the CEO (as defined in that Act) in the sum of—[here insert amount or mode of ascertaining amount intended to be paid in default of compliance with condition]—subject only to this condition that if—[here insert the condition of the security]—then this security shall be thereby discharged.*

Dated the         day of                          19        .

Names and Descriptions of
Subscribers

Signatures of Subscribers

Signatures of Witnesses

 

 

 

 

 

 

 

 

 

* NOTE—If liability is not intended to be joint and several and for the full amount, here state what is intended, as, for example, thus—“The liability of the subscribers is joint only,” or “the liability of (mentioning subscriber) is limited to (here state amount of limit of liability or mode of ascertaining limit).”


Notes to the Excise Act 1901

Note 1

The Excise Act 1901 as shown in this compilation comprises Act No. 9, 1901 amended as indicated in the Tables below.

For application, saving or transitional provisions made by the Corporations (Repeals, Consequentials and Transitionals) Act 2001, see Act No. 55, 2001.

All relevant information pertaining to application, saving or transitional provisions prior to 30 June 1997 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Excise Act 1901

9, 1901

5 Oct 1901

7 Oct 1901 (see Gazette 1901, p. 167)

 

Excise Act 1918

26, 1918

7 Nov 1918

7 Nov 1918

Excise Act 1923

8, 1923

11 Aug 1923

11 Aug 1923

Excise Act 1934

44, 1934

4 Aug 1934

4 Aug 1934

Excise Act 1942

16, 1942

18 May 1942

18 May 1942

Excise Act 1947

88, 1947

11 Dec 1947

8 Jan 1948

Excise Act 1949

46, 1949

27 Oct 1949

1 Apr 1950 (see s. 2 and Gazette 1950, p. 723)

S. 3(2)

Excise Act 1952

55, 1952

30 Sept 1952

28 Oct 1952

Excise Act 1957

10, 1957

24 Apr 1957

24 Apr 1957

Excise Act 1958

49, 1958

30 Sept 1958

Ss. 3 and 5: 17 Sept 1959 (see Gazette 1959, p. 3278)
Remainder: Royal Assent

Ss. 8(2) and 9

Excise Act 1962

37, 1962

28 May 1962

28 May 1962

S. 7

Excise Act 1963

49, 1963

16 Oct 1963

16 Oct 1963

Excise Act 1965

139, 1965

18 Dec 1965

14 Feb 1966

Statute Law Revision (Decimal Currency) Act 1966

93, 1966

29 Oct 1966

1 Dec 1966

Excise Act 1968

15, 1968

16 May 1968

13 June 1968

Excise Act (No. 2) 1968

105, 1968

2 Dec 1968

Ss. 1, 2, 25 and 41: Royal Assent
Remainder: 1 Oct 1969 (see s. 2 and Gazette 1969, p. 5771)

S. 41

Excise Act 1972

23, 1972

17 May 1972

1 July 1972

Excise Act 1973

24, 1973

18 Apr 1973

18 Apr 1973

Excise Act (No. 2) 1973

145, 1973

22 Nov 1973

22 Aug 1973

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

Ss. 9(1) and 10

Excise Act 1974

29, 1974

1 Aug 1974

1 Aug 1974

Administrative Changes (Consequential Provisions) Act 1976

91, 1976

20 Sept 1976

S. 3: (a)

S. 4

Administrative Changes (Consequential Provisions) Act 1978

36, 1978

12 June 1978

12 June 1978

S. 8

Excise Amendment Act 1978

110, 1978

21 Sept 1978

16 Aug 1978

S. 4

Excise Amendment Act 1979

11, 1979

13 Mar 1979

1 Feb 1980 (see Gazette 1979, No. S268)

Jurisdiction of Courts (Miscellaneous Amendments) Act 1979

19, 1979

28 Mar 1979

Parts II–XVII
(ss. 3–123): 15 May 1979 (see Gazette 1979, No. S86)
Remainder: Royal Assent

S. 124

Excise Amendment Act (No. 2) 1979

50, 1979

14 June 1979

14 June 1979

Australian Federal Police (Consequential Amendments) Act 1979

155, 1979

28 Nov 1979

19 Oct 1979 (see s. 2 and Gazette 1979, No. S206)

Excise Amendment Act (No. 3) 1979

165, 1979

29 Nov 1979

1 Mar 1982 (see Gazette 1982, No. S36)

Excise Amendment Act 1980

42, 1980

23 May 1980

23 May 1980

S. 3(2)

Australian Federal Police (Consequential Amendments) Act 1980

70, 1980

28 May 1980

28 May 1980

Statute Law Revision Act 1981

61, 1981

12 June 1981

Ss. 54, 55 and 115: Royal Assent (b)

S. 55(2)

Excise Amendment Act 1981

65, 1981

12 June 1981

10 July 1981

S. 2(2) and (3)

Off‑shore Installations (Miscellaneous Amendments) Act 1982

51, 1982

16 June 1982

Ss. 12, 13, 22 and Part III (ss. 26–28): 21 Dec 1983 (see s. 2(2) and Gazette 1983, No. S332)
Remainder: 14 July 1982

Statute Law (Miscellaneous Amendments) Act (No. 2) 1982

80, 1982

22 Sept 1982

Part LXXVII (s. 280): Royal Assent (c)

S. 280(2) and (3)

Customs and Excise Amendment Act 1982

81, 1982

23 Sept 1982

Ss. 72 and 73: 26 Apr 1983 (see Gazette 1983, No. S80) (d)
Ss. 74–76: 2 Dec 1985 (see Gazette 1985, No. S490) (d)

as amended by

 

 

 

 

Statute Law (Miscellaneous Provisions) Act (No. 1) 1983

39, 1983

20 June 1983

S. 3: (e)

Customs and Excise Legislation Amendment Act 1985

40, 1985

30 May 1985

Ss. 29 and 31: 1 Apr 1985 (f)
S. 30: 2 Dec 1985 (see Gazette 1985, No. S490) (f)

Diesel Fuel Taxes Legislation Amendment Act 1982

108, 1982

5 Nov 1982

(g)

Ss. 11(2) and 22

Statute Law (Miscellaneous Provisions) Act (No. 1) 1983

39, 1983

20 June 1983

S. 4: 18 July 1983 (h)

as amended by

 

 

 

 

Statute Law (Miscellaneous Provisions) Act (No. 2) 1983

91, 1983

22 Nov 1983

S. 3: (j)

Customs and Excise Amendment Act 1983

101, 1983

23 Nov 1983

Ss. 7 and 9: (k)
Ss. 8 and 11: Royal Assent (k)
Ss. 10 and 12: 2 July 1983 (k)

S. 9(2)

Statute Law (Miscellaneous Provisions) Act (No. 1) 1984

72, 1984

25 June 1984

S. 3: 23 July 1984 (l)

S. 5(1)

Statute Law (Miscellaneous Provisions) Act (No. 2) 1984

165, 1984

25 Oct 1984

S. 3: 22 Nov 1984 (m)

S. 6(2)

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

Customs and Excise Legislation Amendment Act 1985

40, 1985

30 May 1985

Ss. 32, 33, 37,
39–43, 47 and 48: 27 June 1985 (n)
Ss. 34, 36 and 44: (n)
S. 35: 29 Nov 1985 (see Gazette 1985, No. S490) (n)
S. 38: 1 July 1984 (n)
Ss. 45 and 46: 23 July 1984 (n)

S. 48 (am. by 34, 1986, s. 20)

as amended by

 

 

 

 

Customs and Excise Legislation Amendment Act 1986

34, 1986

3 June 1986

S. 19: Royal Assent (p)
Ss. 20 and 21: 27 June 1985 (p)

Customs and Excise Legislation Amendment Act (No. 4) 1989

5, 1990

17 Jan 1990

(see 5, 1990 below)

Customs and Excise Legislation Amendment Act (No. 2) 1985

175, 1985

16 Dec 1985

S. 16: Royal Assent (q)
S. 17: 2 Dec 1985 (see Gazette 1985, No. S490) (q)
Ss. 18 and 21: 1 May 1986 (see Gazette 1986, No. S182) (q)
Ss. 19 and 20: (q)

Ss. 19(2) and 20(2)

Customs Administration (Transitional Provisions and Consequential Amendments) Act 1986

10, 1986

13 May 1986

13 May 1986

Ss. 2(2) and 4

Customs and Excise Legislation Amendment Act 1986

34, 1986

3 June 1986

Ss. 22 and 24: Royal Assent (r)
S. 23: (r)

Customs and Excise Legislation Amendment Act (No. 2) 1986

149, 1986

11 Dec 1986

Ss. 5 and 16: 8 Jan 1987
S. 11: 21 Oct 1986
S. 12(1): 1 Oct 1983
Remainder: Royal Assent

S. 12(2)

Customs and Excise Legislation Amendment Act 1987

81, 1987

5 June 1987

Ss. 1 and 2: Royal Assent
Ss. 3(1), 5 and 6: 1 July 1987
Ss. 4 and 7: 14 May 1987
Remainder: 1 Aug 1987 (see Gazette 1987, No. S135)

Ss. 3(3) and 16

Sea Installations (Miscellaneous Amendments) Act 1987

104, 1987

6 Nov 1987

Parts I–V (ss. 1–30) and VIII (s. 57): 15 Oct 1987
Remainder: 6 Nov 1987 (see s. 2(2))

S. 28

Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988

99, 1988

2 Dec 1988

2 Dec 1988

Customs and Excise Legislation Amendment Act 1989

23, 1989

5 May 1989

1 July 1989

Customs and Excise Legislation Amendment Act (No. 2) 1989

24, 1989

5 May 1989

Ss. 4, 9, 10 and
 34–38: 1 Feb 1989
S. 6: 8 July 1988
S. 8(1)(a): 17 Aug 1987
S. 18: 15 Oct 1987
Ss. 19, 21, 23, 24, 29, 31 and 32: 1 July 1989
Part IV (ss. 44, 45): 16 June 1982 (see s. 2(7))
Remainder: Royal Assent

S. 42(2)

Customs and Excise Legislation Amendment Act (No. 3) 1989

78, 1989

21 June 1989

S. 5(1)(c)–(g): 3 Mar 1989
Ss. 6, 8, 16 and 18: 19 July 1989
Remainder: Royal Assent

Ss. 15(2), 17(2) and 20

Customs and Excise Legislation Amendment Act (No. 4) 1989

5, 1990

17 Jan 1990

Ss. 1–3 and 25: Royal Assent
Ss. 4(1)(b), 16, 26(1)(b), (c) and 33 (Schedule [in part]): 1 July 1989
S. 15: 1 Aug 1989
Remainder: 1 Jan 1990

Ss. 26(2), 28(2) and 32(2)

Customs and Excise Legislation Amendment Act 1990

111, 1990

21 Dec 1990

Ss. 1–3, 4(a)–(d), (g), 5, 11, 27, 30, 34(d), (e), 35, 36, 37 (Schedule 2 [in part]), ss. 38, 39 and 47–49: Royal Assent
Ss. 4(e), (h), 6–9, 13–23, 28, 29, 31, 32, 34(a)–(c) and 40–46: 1 June 1991 (see Gazette 1991, No. S137)
S. 26: 18 Jan 1991
S. 33: 21 Dec 1989
Remainder: 21 June 1991

S. 42(2)

Petroleum Resource Rent Legislation Amendment Act 1991

80, 1991

26 June 1991

1 July 1991

Ss. 32 and 37

Customs and Excise Legislation Amendment Act 1992

34, 1992

20 May 1992

Ss. 1–3, 4(c), (d), 21, 40, 48, 49(c), 51, 52 and 56: Royal Assent
Ss. 10–14, 24,
30–36, 41, 44, 50, 53–55 and 57: 17 June 1992
Remainder: 1 Sept 1992 (see Gazette 1992, No. S251)

Territories Law Reform Act 1992

104, 1992

30 June 1992

S. 24: 1 July 1992 (s)

Customs and Excise Legislation Amendment Act 1993

113, 1993

24 Dec 1993

Ss. 1–4, 7 and 9: Royal Assent
Ss. 5(c), 6, 14 and 15(c): 1 Jan 1994
Ss. 8, 10–13 and 17: 1 Apr 1994 (see Gazette 1994, No. S112)
Remainder: 24 June 1994

as amended by

 

 

 

 

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Schedule 3 (item 13): 24 Dec 1993 (t)

Customs, Excise and Bounty Legislation Amendment Act 1995

85, 1995

1 July 1995

Schedule 7 (items
1–5, 12–14) and Schedule 9 (items 69–73), ss. 18 and 20 : Royal Assent (u)
Schedule 7 (items 6–11): 1 July 1995 (u)

Ss. 18 and 20

as amended by

 

 

 

 

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Schedule 3 (item 14): 1 July 1995 (v)

Customs and Excise Legislation Amendment Act 1995

87, 1995

1 July 1995

S. 5 and Schedule 2: Royal Assent (w)

S. 2(3) (am. by 21, 1996, Sch. 1 [item 4])
S. 5 (am. by 21, 1996, Sch. 1 [items
5–7])

as amended by

 

 

 

 

Customs and Excise Legislation Amendment Act (No. 1) 1996

21, 1996

28 June 1996

1 July 1995

Customs and Excise Legislation Amendment Act (No. 1) 1997

97, 1997

30 June 1997

Schedule 2 (items
1–5, 7–13, 15–26, 28): 30 Dec 1997 (x)
Schedule 2 (item 6, 27): 1 Aug 1997 (see Gazette 1997, No. GN30) (x)
Schedule 2 (item 14): (x)

Sch. 2 (items 27, 28) [see Table A]

Audit (Transitional and Miscellaneous) Amendment Act 1997

152, 1997

24 Oct 1997

Schedule 2 (item 735): 1 Jan 1998 (see Gazette 1997, No. GN49) (y)

Customs and Excise Legislation Amendment Act (No. 2) 1997

167, 1997

11 Nov 1997

31 Jan 1998 (see s. 2 and Gazette 1998, No. GN1)

Sch. 1 (items 10, 15) [see Table A]

Customs and Excise Legislation Amendment Act (No. 1) 1998

8, 1998

31 Mar 1998

Schedule 1 (items 10, 11): (z)

Customs and Excise Amendment (Diesel Fuel Rebate Scheme) Act 1999

87, 1999

8 July 1999

1 July 2000

as amended by

 

 

 

 

A New Tax System (Indirect Tax and Consequential Amendments) Act
(No. 2) 1999

177, 1999

22 Dec 1999

Schedule 6 (item 7): (za)

A New Tax System (Indirect Tax and Consequential Amendments) Act (No. 2) 1999

177, 1999

22 Dec 1999

Schedule 6 (items 
8–11): (zb)

Taxation Laws Amendment Act (No. 9) 1999

181, 1999

22 Dec 1999

Schedule 1 (item 2): (zc)

Excise Amendment (Alcoholic Beverages) Act 2000

85, 2000

30 June 2000

1 July 2000

A New Tax System (Tax Administration) Act (No. 2) 2000

91, 2000

30 June 2000

Schedule 4B (items 6–10): (zd)

as amended by

 

 

 

 

Taxation Laws Amendment Act (No. 8) 2000

156, 2000

21 Dec 2000

Schedule 7 (item 12): (ze)

Product Stewardship (Oil) (Consequential Amendments) Act 2000

105, 2000

6 July 2000

Schedule 1 (item 1): 6 July 2000 (zf)

Excise Amendment (Compliance Improvement) Act 2000

115, 2000

7 Sept 2000

7 Sept 2000

S. 4, Sch. 1 (item 62) and Sch. 2 [see Table A]

Petroleum Excise Amendment (Measures to Address Evasion) Act 2000

125, 2000

26 Oct 2000

Schedule 2 (item 5): (zg)
Remainder: Royal Assent

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000

137, 2000

24 Nov 2000

Ss. 1–3 and Schedule 1 (items 1, 4, 6, 7, 9–11, 32): Royal Assent
Remainder: 24 May 2001

Sch. 2 (items 418, 419) [see Table A]

as amended by

 

 

 

 

Statute Law Revision Act 2002

63, 2002

3 July 2002

Schedule 2 (item 7): (zh)

Taxation Laws Amendment (Excise Arrangements) Act 2001

25, 2001

6 Apr 2001

Schedule 1 and Schedule 2 (items
1–68, 70–105, 107, 108, 110–123): 4 May 2001 (zi)
Schedule 2 (items 69, 106, 109): (zi)

Sch. 2 (items 5, 13, 17, 22, 113, 117) [see Table A]

Corporations (Repeals, Consequentials and Transitionals) Act 2001

55, 2001

28 June 2001

Ss. 4–14 and Schedule 3 (items 176–178): 15 July 2001 (see Gazette 2001, No. S285) (zj)

Ss. 4–14 [see Note 1]

Treasury Legislation Amendment (Application of Criminal Code) Act (No. 2) 2001

146, 2001

1 Oct 2001

S. 4 and Schedule 4 (items 12–32): 15 Dec 2001 (zk)

S. 4 [see Table A]

Fuel Legislation Amendment (Grant and Rebate Schemes) Act 2001

165, 2001

1 Oct 2001

Schedule 1 (items 13–16): 1 Apr 2002
Remainder: Royal Assent

Diesel Fuel Rebate Scheme Amendment Act 2002

46, 2002

29 June 2002

29 June 2002

Sch. 1 (item 10) [see Table A]

Excise Laws Amendment Act (No. 1) 2002

107, 2002

2 Dec 2002

Schedule 1: 14 May 2002 (zl)
Remainder: Royal Assent

Crimes Legislation Enhancement Act 2003

41, 2003

3 June 2003

Schedule 3 (item 33): (zm)
Schedule 3 (item 42): Royal Assent

Sch. 3 (item 42) [see Table A]

Energy Grants (Credits) Scheme (Consequential Amendments) Act 2003

54, 2003

27 June 2003

1 July 2003

Sch. 4 (item 18) [see Table A]

as amended by

 

 

 

 

Tax Laws Amendment (2004 Measures No. 7) Act 2005

41, 2005

1 Apr 2005

Schedule 10 (item 245): (zn)

Family and Community Services and Veterans’ Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003

122, 2003

5 Dec 2003

Schedule 2 (items
1–3): Royal Assent

Sch. 2 (item 3) [see Table A]

Energy Grants (Cleaner Fuels) Scheme (Consequential Amendments) Act 2004

42, 2004

21 Apr 2004

Schedule 1 (items
1–3) and Schedule 2 (items 1–3): 18 Sept 2003 (see s. 2(1))
Remainder: Royal Assent

Excise and Other Legislation Amendment (Compliance Measures) Act 2004

91, 2004

29 June 2004

S. 4: Royal Assent
Schedule 1 (items
4–9): 29 Dec 2004
Schedules 2–4: 30 June 2004

S. 4 [see Table A]

Tax Laws Amendment (2006 Measures No. 2) Act 2006

58, 2006

22 June 2006

Schedule 7
(items 232–236): Royal Assent

Excise Laws Amendment (Fuel Tax Reform and Other Measures) Act 2006

74, 2006

26 June 2006

Schedule 1 (items 16–91): 1 July 2006

Sch. 1 (items 102–109) [see Table A]

Statute Law Revision Act 2007

8, 2007

15 Mar 2007

Schedule 4 (item 13): Royal Assent

Excise Legislation Amendment (Condensate) Act 2008

108, 2008

18 Oct 2008

Schedule 1 (items
1–3, 13(1), 14, 15): 18 Oct 2008

Sch. 1 (items 13(1), 14, 15) [see Table A]

Customs Legislation Amendment (Name Change) Act 2009

33, 2009

22 May 2009

Schedule 2 (items 31–33): 23 May 2009

Tax Laws Amendment (2009 Measures No. 4) Act 2009

88, 2009

18 Sept 2009

Schedule 5 (items
1–11): Royal Assent

Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010

4, 2010

19 Feb 2010

Schedule 10 (item 19): 20 Feb 2010

Tax Laws Amendment (2009 Measures No. 6) Act 2010

19, 2010

24 Mar 2010

Schedule 6: Royal Assent

Tax Laws Amendment (2010 GST Administration Measures No. 2) Act 2010

74, 2010

28 June 2010

Schedule 2 (item 6): 1 July 2010

Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010

145, 2010

16 Dec 2010

Schedule 2 (items 16, 17, 126): 17 Dec 2010

Sch. 2 (item 126) [see Table A]

Human Services Legislation Amendment Act 2011

32, 2011

25 May 2011

Schedule 4 (items 618–620): (zo)

Taxation of Alternative Fuels Legislation Amendment Act 2011

68, 2011

29 June 2011

Schedule 1 (items 1–14): 1 Dec 2011

Tax Laws Amendment (2011 Measures No. 8) Act 2011

136, 2011

29 Nov 2011

Schedule 4 (items 1–4): (zp)

Sch. 4 (item 4) [see Table A]

Clean Energy (Excise Tariff Legislation Amendment) Act 2011

156, 2011

4 Dec 2011

Schedule 2 (item 1): (zq)

Excise Amendment (Reducing Business Compliance Burden) Act 2012

36, 2012

15 Apr 2012

Schedule 1 (items 1–12, 16, 28): Royal Assent
Schedule 1 (items 13–15, 17–25): (zr)

Sch. 1 (item 28) [see Table A]

Tax Laws Amendment (2012 Measures No. 3) Act 2012

58, 2012

21 June 2012

Schedule 2 (items 1–3, 5): Royal Assent

Sch. 2 (item 5) [see Table A]

Clean Energy (Excise Tariff Legislation Amendment) Act 2012

81, 2012

28 June 2012

Schedule 1 (item 1): (zs)


(a)     The Excise Act 1901 was amended by section 3 only of the Administrative Changes (Consequential Provisions) Act 1976, subsection 2(7) of which provides as follows:

                 (7)   The amendments of each other Act specified in the Schedule made by this Act shall be deemed to have come into operation on 22 December 1975.

(b)     The Excise Act 1901 was amended by sections 54, 55 and 115 only of the Statute Law Revision Act 1981, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(c)     The Excise Act 1901 was amended by Part LXXVII (section 280) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(1) of which provides as follows:

                 (1)   Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which this Act receives the Royal Assent.

(d)     The Excise Act 1901 was amended by sections 72–76 only of the Customs and Excise Amendment Act 1982, subsection 2(2) of which provides as follows:

                 (2)   The remaining provisions of this Act shall come into operation on such date as is, or on such respective dates as are, fixed by Proclamation.

(e)     The Customs and Excise Amendment Act 1982 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2(5)(b) of which provides as follows:

                 (5)   The amendments of the Customs and Excise Amendment Act 1982 made by this Act shall come into operation, or shall be deemed to have come into operation, as the case requires:

                              (b)   in the case of the amendment of section 76 of that Act—on the commencement of the section.

         Section 76 commenced on 2 December 1985 (see Gazette 1985, No. S490).

(f)      The Customs and Excise Amendment Act 1982 was amended by sections 29–31 only of the Customs and Excise Legislation Amendment Act 1985, subsections 2(8) and (9) of which provide as follows:

                 (8)   Sections 29 and 31 of the Principal Act shall be deemed to have come into operation on 1 April 1985.

                 (9)   Section 30 shall come into operation on the day on which section 74 of the Customs and Excise Amendment Act 1982 comes into operation.

(g)     Section 2 of the Diesel Fuel Taxes Legislation Amendment Act 1982 provides as follows:

                    2   This Act shall be deemed to have come into operation at the hour of 8 o’clock in the evening by standard time in the Australian Capital Territory on 17 August 1982.

(h)     The Excise Act 1901 was amended by section 4 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, 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.

(j)      The Statute Law (Miscellaneous Provisions) Act (No. 1) 1983 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1983, subsection 2(13)(b) of which provides as follows:

               (13)   The amendments of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983 made by this Act shall:

                              (b)   in the case of the amendment of Schedule 2, be deemed to have come into operation on 18 July 1983.

(k)     The Excise Act 1901 was amended by sections 7–12 only of the Customs and Excise Amendment Act 1983, subsections 2(1), (2) and (5) of which provide as follows:

                 (1)   Subject to this section, this Act shall be deemed to have come into operation at the hour of 8 o’clock in the evening by standard time in the Australian Capital Territory on 23 August 1983.

                 (2)   Sections 8 and 11 shall come into operation on the day on which this Act receives the Royal Assent.

                 (5)   Sections 10 and 12 shall come into operation, or shall be deemed to have come into operation, immediately after the commencement of section 4 of the Excise Tariff Amendment Act (No. 2) 1983.

(l)      The Excise Act 1901 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.

(m)    The Excise Act 1901 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 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.

(n)     The Excise Act 1901 was amended by sections 32–48 only of the Customs and Excise Legislation Amendment Act 1985 subsections 2(1), (3), (10) and (11) of which provide 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.

                 (3)   Sections 4, 7, 9, 10, 11, 12, 34, 35, 36 and 44 shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.

               (10)   Section 38 shall be deemed to have come into operation on the commencement of section 9 of the Excise Tariff Amendment Act 1985.

               (11)   Sections 45 and 46 shall be deemed to have come into operation immediately after the amendments of the Excise Act 1901 made by the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984 came into operation.

         Sections 34, 36 and 44 of the Customs and Excise Legislation Amendment Act 1985 were repealed by the Customs and Excise Legislation Amendment Act (No. 4) 1989 before they came into operation.

(p)     The Customs and Excise Legislation Amendment Act 1985 was amended by sections 19–21 only of the Customs and Excise Legislation Amendment Act 1986, subsections 2(1) and (4) of which provide as follows:

                 (1)   Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

                 (4)   Sections 20 and 21 shall be deemed to have come into operation on the commencement of section 47 of the Customs and Excise Legislation Amendment Act 1985.

(q)     The Excise Act 1901 was amended by sections 16–21 only of the Customs and Excise Legislation Amendment Act (No. 2) 1985, subsections 2(1), (2), (5) and (7) of which provide as follows:

                 (1)   Sections 1, 2, 3, 8 and 16 shall come into operation on the day on which this Act receives the Royal Assent.

                 (2)   Sections 4, 7, 12, 18 and 21 shall come into operation on a day to be fixed by Proclamation.

                 (5)   Sections 9, 10, 19 and 20 shall be deemed to have come into operation on 1 November 1985.

                 (7)   Section 17 shall come into operation on the day on which section 75 of the Customs and Excise Amendment Act 1982 comes into operation.

(r)     The Excise Act 1901 was amended by sections 22–24 only of the Customs and Excise Legislation Amendment Act 1986, subsections 2(1) and (5) of which provide as follows:

                 (1)   Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

                 (5)   Section 23 shall come into operation, or shall be deemed to have come into operation, as the case requires, on the commencement of section 36 of the Customs and Excise Legislation Amendment Act 1985.

         Section 36 of the Customs and Excise Legislation Amendment Act 1985 was repealed by the Customs and Excise Legislation Amendment Act (No. 4) 1989 before it came into operation.

(s)     The Excise Act 1901 was amended by section 24 only of the Territories Law Reform Act 1992, subsection 2(3) of which provides as follows:

                 (3)   The remaining provisions of this Act commence on 1 July 1992.

(t)      The Customs and Excise Legislation Amendment Act 1993 was amended by Schedule 3 (item 13) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:

                 (3)   Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.

(u)     The Excise Act 1901 was amended by Schedule 7 (items 1–14) and Schedule 9 (items
69–73) only of the Customs, Excise and Bounty Legislation Amendment Act 1995, subsections 2(1) and (5) of which provide 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.

                 (5)   Schedules 2 and 3, items 1, 26 to 45, 49 to 53 and 56 and 67 of Schedule 4, Schedule 6, items 6 to 11 of Schedule 7 and Schedules 8 and 10 commence on 1 July 1995.

(v)     The Customs, Excise and Bounty Legislation Amendment Act 1995 was amended by Schedule 3 (item 14) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:

                 (3)   Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.

(w)    The Excise Act 1901 was amended by Schedule 2 only of the Customs and Excise Legislation Amendment Act 1995, subsections 2(1) and (3) of which provide as follows:

                 (1)   Sections 1 to 5 commence on the day on which this Act receives the Royal Assent.

                 (3)   Items 1, 1A, 3, 3A, 4, 5, 6 (insofar as that item refers to sand, sandstone, soil, slate, clay (other than bentonite and kaolin), basalt, granite, gravel and limestone (other than agricultural use limestone)) and items 8, 9, 12 and 13 of Schedule 1, and Schedule 2, commence on the day on which this Act receives the Royal Assent.

(x)     The Excise Act 1901 was amended by Schedule 2 (items 1–26) only of the Customs and Excise Legislation Amendment Act (No. 1) 1997, subsections 2(2) and (5) of which provide as follows:

                 (2)   The items of Schedule 1 (other than item 27) and Schedule 2 (other than item 14) commence on a day or days to be fixed by Proclamation.

                 (5)   Item 14 of Schedule 2 commences immediately after the commencement of item 13 of that Schedule under subsection (2) or (3).

         Item 13 commenced on 31 December 1997.

(y)     The Excise Act 1901 was amended by Schedule 2 (item 735) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

                 (2)   Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.

(z)     The Excise Act 1901 was amended by Schedule 1 (items 10 and 11) only of the Customs and Excise Legislation Amendment Act (No. 1) 1998, subsections 2(4) and (5) of which provide as follows:

                 (4)   Item 10 of Schedule 1 commences, or is taken to have commenced, immediately after the commencement of item 10 of Schedule 2 to the Customs and Excise Legislation Amendment Act (No. 1) 1997.

                 (5)   Item 11 of Schedule 1 commences, or is taken to have commenced, immediately after the commencement of item 15 of Schedule 2 to the Customs and Excise Legislation Amendment Act (No. 1) 1997.

         Items 10 and 15 commenced on 30 December 1997.

(za)   The Customs and Excise Amendment (Diesel Fuel Rebate Scheme) Act 1999 was amended by Schedule 6 (item 7) only of the A New Tax System (Indirect Tax and Consequential Amendments) Act (No. 2) 1999, subsection 2(8) of which provides as follows:

                 (8)   Schedule 6 commences immediately after the commencement of the Customs and Excise Amendment (Diesel Fuel Rebate Scheme) Act 1999.

         The Customs and Excise Amendment (Diesel Fuel Rebate Scheme) Act 1999 came into operation on 1 July 2000.

(zb)   The Excise Act 1901 was amended by Schedule 6 (items 8–11) only of the A New Tax System (Indirect Tax and Consequential Amendments) Act (No. 2) 1999, subsection 2(8) of which provides as follows:

                 (8)   Schedule 6 commences immediately after the commencement of the Customs and Excise Amendment (Diesel Fuel Rebate Scheme) Act 1999.

         The Customs and Excise Amendment (Diesel Fuel Rebate Scheme) Act 1999 came into operation on 1 July 2000.

(zc)   The Excise Act 1901 was amended by Schedule 1 (item 2) only of the Taxation Laws Amendment Act (No. 9) 1999, section 2 of which provides as follows:

                    2   This Act commences, or is taken to have commenced, immediately after the commencement of the Customs and Excise Amendment (Diesel Fuel Rebate Scheme) Act 1999.

         The Customs and Excise Amendment (Diesel Fuel Rebate Scheme) Act 1999 came into operation on 1 July 2000.

(zd)   The Excise Act 1901 was amended by Schedule 4B (items 6–10) only of the A New Tax System (Tax Administration) Act (No. 2) 2000, subsection 3(5A) of which provides as follows:

               (5A)   Schedule 4B commences, or is taken to have commenced, immediately after the commencement of the Customs and Excise Amendment (Diesel Fuel Rebate Scheme) Act 1999.

         The Customs and Excise Amendment (Diesel Fuel Rebate Scheme) Act 1999 came into operation on 1 July 2000.

(ze)   The A New Tax System (Tax Administration) Act (No. 2) 2000 was amended by Schedule 7 (item 12) only of the Taxation Laws Amendment Act (No. 8) 2000, subsection 2(6) of which provides as follows:

                 (6)   Items 11 and 12 of Schedule 7 are taken to have commenced immediately after the commencement of Schedule 4B to the A New Tax System (Tax Administration) Act (No. 2) 2000.

         Schedule 4B commenced on 1 July 2000.

(zf)    The Excise Act 1901 was amended by Schedule 1 (item 1) only of the Product Stewardship (Oil) (Consequential Amendments) Act 2000, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences, or is taken to have commenced, on the commencement of Part 1 of the Product Stewardship (Oil) Act 2000.

(zg)   Subsection 2(2) of the Petroleum Excise Amendment (Measures to Address Evasion) Act 2000 provides as follows:

                 (2)   Item 5 of Schedule 2 commences immediately after the commencement of the other items of that Schedule.

         The other items of the that Schedule commenced on 26 October 2000.

(zh)   Subsection 2(1) (item 36) of the Statute Law Revision Act 2002 provides as follows:

                 (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

36.  Schedule 2, item 7

Immediately after the time specified in the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 for the commencement of item 185 of Schedule 2 to that Act

Item 185 of Schedule 2 commenced on 24 May 2001

(zi)    The Excise Act 1901 was amended by Schedules 1 and 2 only of the Taxation Laws Amendment (Excise Arrangements) Act 2001, subsections 2(1)(b) and (2)(a) of which provide as follows:

                 (1)   Subject to this section, this Act commences on the earlier of:

                              (b)   28 days after the day on which this Act receives the Royal Assent.

                 (2)   Items 69, 106 and 109 of Schedule 2, items 83 and 103 of Schedule 3, item 53 of Schedule 4, item 26 of Schedule 5 and item 22 of Schedule 6 commence:

                              (a)   if Parts 4 to 10 of the Administrative Review Tribunal Act 2001 have not commenced when the other provisions of this Act commence under subsection (1)—immediately after the commencement of those Parts;

         The Administrative Review Tribunal Bill has not been enacted. Therefore these amendments do not commence.

(zj)    The Excise Act 1901 was amended by Schedule 3 (items 176–178) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsection 2(3) of which provides as follows:

                 (3)   Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001.

(zk)   The Excise Act 1901 was amended by Schedule 4 (items 12–32) only of the Treasury Legislation Amendment (Application of Criminal Code) Act (No. 2) 2001, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the day mentioned in subsection 2.2(2) of the Criminal Code.

(zl)    Subsection 2(1) (item 2) of the Excise Laws Amendment Act (No. 1) 2002 provides as follows:

 

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

(zm)  Subsection 2(1) (item 22) of the Crimes Legislation Enhancement Act 2003 provides as follows:

                 (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.

 

Provision(s)

Commencement

Date/Details

22.  Schedule 3, item 33

Immediately after the commencement of item 1 of Schedule 1 to the Taxation Laws Amendment (Excise Arrangements) Act 2001

4 May 2001

(zn)   Subsection 2(1) (item 7) of the Tax Laws Amendment (2004 Measures No. 7) Act 2005 provides as follows:

                 (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.

 

Provision(s)

Commencement

Date/Details

7.  Schedule 10, item 245

Immediately after the commencement of the Energy Grants (Credits) Scheme (Consequential Amendments) Act 2003.

1 July 2003

(zo)   Subsection 2(1) (item 4) of the Human Services Legislation Amendment Act 2011 provides as follows:

                 (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.

 

Provision(s)

Commencement

Date/Details

4.  Schedule 4, Part 2, Division 1

1 July 2011.

However, if Schedule 1 to the Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010 commences before 1 July 2011, the provision(s) do not commence at all.

Does not commence

(zp)   Subsection 2(1) (item 7) of the Tax Laws Amendment (2011 Measures No. 8) Act 2011 provides as follows:

                 (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.

 

Provision(s)

Commencement

Date/Details

7.  Schedule 4

Immediately after the commencement of Schedule 1 to the Taxation of Alternative Fuels Legislation Amendment Act 2011.

1 December 2011

(zq)   Subsection 2(1) (item 3) of the Clean Energy (Excise Tariff Legislation Amendment) Act 2011 provides as follows:

                 (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.

 

Provision(s)

Commencement

Date/Details

3.  Schedule 2

Immediately after the commencement of Part 2 of Schedule 1 to the Excise Tariff Amendment (Taxation of Alternative Fuels) Act 2011.

However, the provision(s) do not commence at all if section 3 of the Clean Energy Act 2011 does not commence on or before 1 July 2012.

1 July 2012

(zr)    Subsection 2(1) (items 2, 3 and 5) of the Excise Amendment (Reducing Business Compliance Burden) Act 2012 provides as follows:

                 (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.

 

Provision(s)

Commencement

Date/Details

2.  Schedule 1, items 1 to 12

The day this Act receives the Royal Assent.

15 April 2012

3.  Schedule 1, items 13 to 15

Immediately after the commencement of the provision(s) covered by table item 2.

15 April 2012

5.  Schedule 1, items 17 to 25

Immediately after the commencement of the provision(s) covered by table item 2.

15 April 2012

(zs)   Subsection 2(1) (item 2) of the Clean Energy (Excise Tariff Legislation Amendment) Act 2011 provides as follows:

                 (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.

 

Provision(s)

Commencement

Date/Details

2.  Schedule 1, item 1

Immediately after the commencement of Schedule 2 to the Clean Energy (Excise Tariff Legislation Amendment) Act 2011.

1 July 2012


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Part I

 

S. 3......................................

rs. No. 49, 1958

 

am. No. 37, 1962; No. 105, 1968

 

rep. No. 216, 1973

S. 4......................................

am. No. 26, 1918; No. 16, 1942; No. 10, 1957; No. 49, 1958; No. 49, 1963; Nos. 15 and 105, 1968; No. 216, 1973; No. 29, 1974; No. 91, 1976; No. 155, 1979; Nos. 42 and 70, 1980; Nos. 80 and 81, 1982; No. 39, 1983; No. 72, 1984; No. 39, 1985; No. 10, 1986; Nos. 23, 24 and 78, 1989; Nos. 5 and 111, 1990; No. 104, 1992; No. 113, 1993; No. 85, 1995; Nos. 97 and 167, 1997; No. 87, 1999; Nos. 85 and 115, 2000; No. 25, 2001; No. 54, 2003; No. 74, 2006; Nos. 33 and 88, 2009; No. 68, 2011; No. 36, 2012

S. 4AAA...............................

ad. No. 113, 1993

S. 4AA.................................

ad. No. 5, 1990

 

am. No. 85, 1995

 

rep. No. 25, 2001

S. 4A...................................

ad. No. 104, 1987

S. 5......................................

am. No. 216, 1973

S. 5A...................................

ad. No. 105, 1968

 

rep. No. 115, 2000

S. 6......................................

am. No. 8, 1923

 

rs. No. 105, 1968

S. 6A...................................

ad. No. 115, 2000

S. 6B...................................

ad. No. 146, 2001

Part II

 

S. 7......................................

rs. No. 39, 1985

 

am. No. 85, 1995; No. 25, 2001

Note to s. 7.........................

ad. No. 145, 2010

S. 8......................................

am. No. 51, 1982

 

rs. No. 39, 1985

 

am. No. 5, 1990; No. 25, 2001

Ss. 9–11..............................

rep. No. 39, 1985

S. 12....................................

am. No. 88, 1947; No. 15, 1968; No. 39, 1983

 

rep. No. 39, 1985

S. 12A.................................

ad. No. 15, 1968

 

am. No. 216, 1973; No. 29, 1974; No. 39, 1983

 

rep. No. 25, 2001

S. 13....................................

rep. No. 25, 2001

S. 14....................................

rep. No. 115, 2000

S. 15....................................

rs. No. 16, 1942

 

am. No. 49, 1963; No. 39, 1983; No. 115, 2000; No. 42, 2004; No. 58, 2006

S. 16....................................

am. No. 25, 2001

Note to s. 16.......................

ad. No. 25, 2001

 

am. No. 91, 2004

S. 17....................................

rs. No. 26, 1918; No. 10, 1957

 

am. No. 39, 1983

S. 18....................................

am. No. 85, 1995

S. 19....................................

am. No. 39, 1983; No. 85, 1995; No. 25, 2001

S. 20....................................

am. No. 115, 2000

Heading to s. 21................

am. No. 25, 2001

S. 21....................................

am. No. 39, 1983; No. 25, 2001

Heading to s. 22................

am. No. 25, 2001

S. 22....................................

am. No. 25, 2001

S. 23....................................

rep. No. 115, 2000

S. 24....................................

am. No. 165, 1984; No. 85, 2000; No. 25, 2001

 

rs. No. 74, 2006

 

am. No. 33, 2009

Part III

 

Part III ................................

rs. No. 115, 2000

Division 1

 

S. 25....................................

am. No. 26, 1918; No. 93, 1966; No. 105, 1968; No. 39, 1983; No. 40, 1985

 

rs. No. 115, 2000

S. 26....................................

am. No. 105, 1968; No. 39, 1983

 

rs. No. 115, 2000

S. 27....................................

am. No. 93, 1966; No. 105, 1968; No. 39, 1983; No. 40, 1985

 

rs. No. 115, 2000

Division 2

 

S. 28....................................

am. No. 29, 1974

 

rs. No. 115, 2000

Ss. 29, 30............................

am. No. 93, 1966; No. 105, 1968; No. 39, 1983; No. 40, 1985

 

rs. No. 115, 2000

S. 31....................................

rs. No. 115, 2000

S. 32....................................

rs. No. 55, 1952

 

am. No. 105, 1968; No. 39, 1983

 

rs. No. 115, 2000

 

rep. No. 74, 2006

Division 3

 

S. 33....................................

rs. No. 55, 1952

 

am. No. 93, 1966; No. 105, 1968; No. 39, 1983; No. 40, 1985

 

rs. No. 115, 2000

S. 34....................................

rs. No. 115, 2000

S. 35....................................

am. No. 93, 1966; No. 105, 1968; No. 39, 1983; No. 40, 1985

 

rs. No. 115, 2000

S. 36....................................

rep. No. 26, 1918

 

ad. No. 115, 2000

S. 37....................................

rs. No. 26, 1918

 

am. No. 29, 1974

 

rs. No. 115, 2000

 

rep. No. 74, 2006

S. 38....................................

rep. No. 115, 2000

Part IV

 

Part IV ................................

ad. No. 115, 2000

Division 1

 

S. 39....................................

am. No. 26, 1918; No. 10, 1957

 

rs. No. 115, 2000

Division 2

 

Ss. 39A, 39B.......................

ad. No. 115, 2000

 

am. No. 74, 2006

S. 39C.................................

ad. No. 115, 2000

 

am. No. 55, 2001; No. 74, 2006; No. 8, 2007

Division 3

 

S. 39D.................................

ad. No. 115, 2000

 

am. No. 55, 2001; No. 42, 2004

S. 39DA...............................

ad. No. 42, 2004

S. 39E.................................

ad. No. 115, 2000

 

rs. No. 74, 2006

Heading to s. 39F..............

am. No. 74, 2006

S. 39F.................................

ad. No. 115, 2000

 

am. No. 74, 2006

Division 4

 

Ss. 39G–39I........................

ad. No. 115, 2000

 

am. No. 74, 2006

S. 39J..................................

ad. No. 115, 2000

S. 39K.................................

ad. No. 115, 2000

 

am. No. 74, 2006

S. 39L..................................

ad. No. 115, 2000

Division 5

 

Ss. 39M, 39N......................

ad. No. 115, 2000

Division 6

 

Ss. 39O–39R......................

ad. No. 115, 2000

S. 40....................................

rep. No. 115, 2000

S. 41....................................

rs. No. 26, 1918

 

am. No. 10, 1957

 

rep. No. 115, 2000

S. 42....................................

rs. No. 26, 1918

 

am. No. 88, 1947; No. 29, 1974; No. 39, 1983

 

rep. No. 115, 2000

S. 43....................................

am. No. 10, 1986; No. 85, 1995

 

rep. No. 115, 2000

Part IVA

 

Part IVA...............................

ad. No. 115, 2000

Heading to s. 44................

am. No. 91, 2004

S. 44....................................

am. No. 10, 1986; No. 85, 1995

 

rs. No. 115, 2000

 

am. No. 91, 2004; No. 36, 2012

S. 45....................................

am. No. 93, 1966; No. 23, 1972; No. 39, 1983; No. 40, 1985

 

rep. No. 115, 2000

Part V

 

S. 47....................................

am. No. 93, 1966; No. 105, 1968; No. 39, 1983; No. 40, 1985; No. 115, 2000; No. 25, 2001

 

rep. No. 74, 2006

S. 48....................................

am. No. 115, 2000

 

rep. No. 74, 2006

S. 49....................................

am. No. 93, 1966; No. 39, 1983; No. 40, 1985; No. 115, 2000; No. 25, 2001

Heading to s. 50................

am. No. 74, 2006

S. 50....................................

am. No. 93, 1966

 

rs. No. 105, 1968

 

am. No. 39, 1983; No. 40, 1985; No. 85, 1995; No. 115, 2000; No. 74, 2006

Note to s. 50(1)..................

ad. No. 115, 2000

S. 51....................................

am. No. 93, 1966; No. 39, 1983; No. 40, 1985; No. 115, 2000; Nos. 25 and 146, 2001

S. 52....................................

am. No. 93, 1966; No. 39, 1983; No. 40, 1985; No. 115, 2000; No. 25, 2001

S. 53....................................

am. No. 105, 1968; No. 115, 2000

Part VI

 

S. 54....................................

rs. No. 55, 1952

 

am. No. 113, 1993; No. 115, 2000; No. 74, 2006

Note to s. 54(1)..................

ad. No. 74, 2006

S. 54A.................................

ad. No. 24, 1989

S. 55....................................

am. No. 105, 1968

S. 56....................................

am. No. 93, 1966

 

rep. No. 105, 1968

S. 57....................................

am. No. 105, 1968

 

rep. No. 74, 2006

S. 58....................................

am. No. 26, 1918; No. 88, 1947; No. 105, 1968; No. 149, 1986; No. 24, 1989; Nos. 5 and 111, 1990; No. 80, 1991; No. 85, 1995; Nos. 85 and 115, 2000; No. 25, 2001; No. 74, 2006; No. 108, 2008; No. 68, 2011

S. 58A.................................

ad. No. 11, 1979

 

am. No. 39, 1985; No. 40, 1985 (as am. by No. 34, 1986)

 

rep. No. 111, 1990

S. 58B.................................

ad. No. 11, 1979

 

am. No. 40, 1985; No. 81, 1982 (as am. by No. 40, 1985)

 

rep. No. 111, 1990

S. 59....................................

rs. No. 55, 1952

 

am. No. 105, 1968; No. 29, 1974; No. 39, 1983 (as am. by No. 91, 1983); No. 111, 1990

 

rs. No. 34, 1992

 

am. No. 74, 2006

S. 59A.................................

ad. No. 29, 1974

 

am. No. 39, 1983; No. 10, 1986; No. 85, 1995; No. 115, 2000; No. 25, 2001

S. 59AA...............................

ad. No. 74, 2006

S. 59B.................................

ad. No. 29, 1974

 

am. No. 10, 1986; No. 85, 1995; No. 115, 2000; No. 74, 2006

S. 59C.................................

ad. No. 29, 1974

 

am. No. 10, 1986; No. 85, 1995; No. 115, 2000

S. 59D.................................

ad. No. 29, 1974

 

rep. No. 61, 1981

S. 60....................................

am. No. 26, 1918

 

rs. No. 55, 1952

 

am. No. 10, 1957; No. 105, 1968; No. 29, 1974; No. 65, 1981; No. 39, 1983; No. 115, 2000; No. 25, 2001; No. 91, 2004; No. 74, 2006

Notes to s. 60(1), ..............
(1A)–(1C)

ad. No. 74, 2006

Heading to s. 61................

rs. No. 25, 2001

S. 61....................................

am. No. 93, 1966; No. 105, 1968; No. 39, 1983; No. 40, 1985

 

rs. No. 111, 1990; No. 115, 2000; No. 25, 2001

S. 61AA...............................

ad. No. 111, 1990

 

am. No. 25, 2001

S. 61AB...............................

ad. No. 111, 1990

 

am. No. 25, 2001

 

rep. No. 91, 2004

Note to s. 61AB..................

ad. No. 25, 2001

 

rep. No. 91, 2004

Heading to s. 61A..............

rs. No. 25, 2001

S. 61A.................................

ad. No. 105, 1968

 

am. No. 29, 1974; No. 39, 1983; No. 40, 1985; No. 115, 2000; No. 25, 2001; No. 91, 2004; No. 74, 2006; No. 36, 2012

S. 61B.................................

ad. No. 105, 1968

 

am. No. 29, 1974; No. 39, 1983; No. 115, 2000; No. 25, 2001

S. 61C.................................

ad. No. 105, 1968

 

am. No. 29, 1974; No. 39, 1983; No. 40, 1985; No. 149, 1986; No. 111, 1990; No. 115, 2000; No. 25, 2001; No. 36, 2012

S. 61D.................................

ad. No. 81, 1982

 

am. No. 175, 1985; No. 111, 1990; No. 85, 1995; No. 115, 2000; Nos. 25 and 146, 2001

Note to s. 61D(11).............

ad. No. 25, 2001

S. 61E.................................

ad. No. 175, 1985

 

am. Nos. 25 and 146, 2001; No. 33, 2009

Note to s. 61E(10)..............

ad. No. 25, 2001

S. 62....................................

am. No. 115, 2000

S. 64....................................

rep. No. 26, 1918

 

ad. No. 105, 1968

 

am. No. 25, 2001

S. 65....................................

rep. No. 26, 1918

 

ad. No. 74, 2006

 

am. No. 68, 2011

S. 66....................................

rep. No. 26, 1918

Part VII

 

S. 67....................................

am. No. 115, 2000

 

rep. No. 74, 2006

S. 68....................................

am. No. 115, 2000

S. 69....................................

rep. No. 74, 2006

S. 70....................................

rs. No. 88, 1947

 

am. No. 93, 1966; No. 39, 1983; No. 40, 1985; No. 115, 2000; Nos. 25 and 146, 2001

 

rep. No. 74, 2006

Ss. 71, 72............................

rep. No. 88, 1947

Ss. 73, 74............................

rep. No. 37, 1962

S. 75....................................

rs. No. 46, 1949

 

am. No. 105, 1968; No. 74, 2006

S. 76....................................

am. No. 93, 1966; No. 39, 1983; No. 40, 1985; No. 115, 2000; Nos. 25 and 146, 2001

S. 77....................................

am. No. 23, 1972; No. 39, 1983

S. 77AA...............................

ad. No. 74, 2006

Part VIIA

 

Heading to Part VIIA..........

rs. No. 107, 2002

Part VIIA .............................

ad. No. 105, 1968

S. 77A.................................

ad. No. 105, 1968

 

am. No. 23, 1972; No. 39, 1983; No. 24, 1989; No. 113, 1993; No. 107, 2002; No. 74, 2006

S. 77B.................................

ad. No. 105, 1968

 

am. No. 23, 1972; No. 145, 1973; No. 39, 1983

 

rs. No. 24, 1989

 

am. No. 85, 1995; No. 25, 2001

 

rep. No. 74, 2006

S. 77C.................................

ad. No. 105, 1968

 

rs. No. 23, 1972

 

am. No. 39, 1983; No. 40, 1985; No. 24, 1989; No. 25, 2001

 

rep. No. 74, 2006

S. 77D.................................

ad. No. 105, 1968

 

am. No. 24, 1989

S. 77E.................................

ad. No. 105, 1968

 

am. No. 39, 1983; No. 40, 1985; No. 25, 2001

S. 77F.................................

ad. No. 105, 1968

 

am. No. 29, 1974; No. 39, 1983; No. 24, 1989; No. 115, 2000

S. 77FA...............................

ad. No. 107, 2002

S. 77FB...............................

ad. No. 107, 2002

 

rep. No. 74, 2006

S. 77FC...............................

ad. No. 74, 2006

Part VIIAA

 

Part VIIAA...........................

ad. No. 74, 2006

Ss. 77FD–77FL..................

ad. No. 74, 2006

S. 77FM..............................

ad. No. 19, 2010

Part VIIB

 

Heading to Part VIIB..........

rs. No. 74, 2006

Part VIIB .............................

ad. No. 105, 1968

 

rep. No. 165, 1979

 

ad. No. 113, 1993

S. 77G.................................

ad. No. 105, 1968

 

rep. No. 165, 1979

 

ad. No. 113, 1993

 

am. No. 167, 1997; Nos. 105 and 125, 2000

 

rs. No. 74, 2006

Subhead. to s. 77H(5).......

rs. No. 58, 2012

S. 77H.................................

ad. No. 105, 1968

 

rep. No. 165, 1979

 

ad. No. 113, 1993

 

rs. No. 74, 2006

 

am. No. 68, 2011; No. 58, 2012

S. 77HA...............................

ad. No. 68, 2011

 

am. No. 136, 2011

 

rs. No. 156, 2011; No. 81, 2012

S. 77HB...............................

ad. No. 68, 2011

S. 77J..................................

ad. No. 105, 1968

 

rep. No. 165, 1979

 

ad. No. 113, 1993

 

rs. No. 167, 1997; No. 74, 2006

S. 77K.................................

ad. No. 105, 1968

 

rep. No. 165, 1979

 

ad. No. 113, 1993

 

am. No. 167, 1997; No. 74, 2006

S. 77L..................................

ad. No. 110, 1978

 

am. No. 50, 1979; No. 65, 1981; No. 39, 1983

 

rep. No. 101, 1983

 

ad. No. 68, 2011

 

am. No. 136, 2011

S. 77M.................................

ad. No. 110, 1978

 

am. No. 50, 1979; No. 61, 1981; No. 39, 1983

 

rep. No. 101, 1983

 

ad. No. 68, 2011

Part VIIC

 

Part VIIC ............................

ad. No. 110, 1978
rep. No. 101, 1983

S. 77N.................................

ad. No. 110, 1978

 

am. No. 65, 1981

 

rep. No. 101, 1983

S. 77P.................................

ad. No. 110, 1978

 

rep. No. 101, 1983

Part VIII

 

Heading to Part VIII...........

rs. No. 37, 1962

 

am. No. 108, 1982

Part VIII ..............................

rs. No. 49, 1958

S. 78 ...................................

rep. No. 26, 1918

 

ad. No. 37, 1962

 

am. No. 101, 1983; No. 165, 1984; No. 113, 1993; No. 85, 1995; No. 167, 1997; No. 74, 2006

S. 78AAAA..........................

ad. No. 113, 1993

 

am. No. 85, 1995; No. 167, 1997; No. 125, 2000; No. 25, 2001

 

rep. No. 74, 2006

S. 78A.................................

ad. No. 108, 1982

 

am. Nos. 39 and 101, 1983; No. 175, 1985; No. 81, 1987; No. 99, 1988; Nos. 24 and 78, 1989; No. 5, 1990; No. 34, 1992; No. 113, 1993; No. 85, 1995; No. 87, 1995 (as am. by No. 21, 1996); No. 97, 1997; Nos. 87, 177 and 181, 1999; Nos. 91 and 115, 2000; No. 165, 2001; No. 46, 2002

 

rep. No. 54, 2003

S. 78AA...............................

ad. No. 81, 1987

 

am. No. 34, 1992

 

rs. No. 97, 1997

 

am. No. 25, 2001

 

rep. No. 54, 2003

S. 78AB...............................

ad. No. 81, 1987

 

am. No. 78, 1989; No. 34, 1992

 

rs. No. 97, 1997

 

am. No. 8, 1998

 

rep. No. 54, 2003

S. 78AC...............................

ad. No. 97, 1997

 

am. No. 25, 2001

 

rep. No. 54, 2003

S. 78AD...............................

ad. No. 97, 1997

 

am. Nos. 25 and 146, 2001; No. 46, 2002

 

rep. No. 54, 2003

Note to s. 78AD(14)...........

ad. No. 25, 2001

 

rep. No. 54, 2003

S. 78AE...............................

ad. No. 97, 1997

 

am. No. 25, 2001

 

rep. No. 54, 2003

S. 78AF...............................

ad. No. 97, 1997

 

rep. No. 54, 2003

S. 78AG..............................
formerly s. 80A

am. No. 25, 2001
rep. No. 54, 2003

S. 78B.................................

ad. No. 40, 1985

 

rep. No. 175, 1985

 

ad. No. 149, 1986

 

am. No. 99, 1988

 

rep. No. 80, 1991

S. 79....................................

rs. No. 49, 1958; No. 105, 1968

S. 80....................................

rep. No. 26, 1918

 

ad. No. 105, 1968

 

am. No. 29, 1974; No. 65, 1981; No. 108, 1982; No. 78, 1989; No. 85, 1995; No. 97, 1997; No. 115, 2000; No. 54, 2003

S. 80A.................................

ad. No. 78, 1989

 

am. No. 113, 1993; No. 85, 1995; No. 97, 1997

Renumbered s. 78AG........

No. 97, 1997

S. 80B.................................

ad. No. 113, 1993

 

am. No. 167, 1997; No. 125, 2000

 

rep. No. 54, 2003

S. 81....................................

rep. No. 49, 1958

 

ad. No. 40, 1985

Part IX

 

Division 1

 

Subdivision A

 

Subdiv. A of Div. 1 of.........
Part IX

ad. No. 85, 1995

S. 82....................................

rep. No. 49, 1958

 

ad. No. 85, 1995

S. 83....................................

rep. No. 49, 1958

 

ad. No. 85, 1995

 

rep. No. 25, 2001

Ss. 84, 85............................

rep. No. 49, 1958

Subdivision B

 

Heading to Subdiv. B of ...
Div. 1 of Part IX

ad. No. 85, 1995

S. 86....................................

am. No. 105, 1968; No. 24, 1989; No. 115, 2000

Heading to s. 87................

am. No. 25, 2001

S. 87....................................

am. No. 105, 1968

 

rs. No. 85, 1995

 

am. No. 115, 2000; No. 25, 2001

S. 87AA...............................

ad. No. 115, 2000

 

am. No. 146, 2001; No. 4, 2010

S. 87A.................................

ad. No. 51, 1982

 

am. No. 104, 1987; No. 115, 2000

S. 87B.................................

ad. No. 104, 1987

Ss. 88, 89............................

rep. No. 85, 1995

S. 90....................................

am. No. 93, 1966; No. 105, 1968; No. 39, 1983; No. 40, 1985

 

rep. No. 85, 1995

S. 91....................................

am. No. 25, 2001

S. 92....................................

am. No. 93, 1966; No. 39, 1983; No. 40, 1985; No. 25, 2001

S. 93....................................

rep. No. 85, 1995

S. 94....................................

am. No. 93, 1966; No. 39, 1983; No. 40, 1985

 

rep. No. 85, 1995

S. 95....................................

am. No. 42, 1980

 

rep. No. 85, 1995

Ss. 96, 97............................

rep. No. 85, 1995

S. 98....................................

am. No. 39, 1983

 

rep. No. 85, 1995

S. 99....................................

rep. No. 85, 1995

Heading to Subdiv. C of ..
Div. 1 of Part IX

ad. No. 85, 1995

rep. No. 8, 1998

S. 99A.................................

ad. No. 108, 1982

 

am. No. 39, 1983; No. 5, 1990; No. 34, 1992

 

rep. No. 97, 1997

Subdivision D

 

Heading to Subdiv. D of ..
Div. 1 of Part IX

ad. No. 85, 1995

S. 100..................................

am. No. 49, 1958; No. 115, 2000; No. 25, 2001

S. 101..................................

rep. No. 49, 1958

Ss. 102, 103........................

am. No. 115, 2000

S. 104..................................

am. No. 34, 1986; No. 115, 2000; No. 25, 2001

Subdivision E

 

Heading to Subdiv. E of ...
Div. 1 of Part IX

ad. No. 85, 1995

S. 105..................................

am. No. 105, 1968; No. 115, 2000

 

rep. No. 74, 2006

S. 106..................................

am. No. 105, 1968; No. 25, 2001

S. 107..................................

am. No. 93, 1966; No. 39, 1983; No. 40, 1985; No. 25, 2001

Division 1A

 

Div. 1A of Part IX................

ad. No. 25, 2001

Subdivision A

 

S. 107AA.............................

ad. No. 25, 2001

 

am. No. 74, 2006

S. 107AB.............................

ad. No. 25, 2001

Subdivision B

 

Ss. 107BA–107BF..............

ad. No. 25, 2001

Subdivision C

 

Ss. 107CA, 107CB..............

ad. No. 25, 2001

Subdivision D

 

Ss. 107DA–107DC.............

ad. No. 25, 2001

S. 107DD............................

ad. No. 25, 2001

 

am. No. 41, 2003

Ss. 107DE–107DJ..............

ad. No. 25, 2001

Subdivision E

 

Ss. 107EA, 107EB..............

ad. No. 25, 2001

Subdivision F

 

Ss. 107FA–107FE..............

ad. No. 25, 2001

S. 107FF.............................

ad. No. 25, 2001

 

am. No. 74, 2006

Ss. 107FG–107FI...............

ad. No. 25, 2001

S. 107FJ.............................

ad. No. 25, 2001

 

am. No. 91, 2004

Ss. 107FK–107FN..............

ad. No. 25, 2001

Subdivision G

 

S. 107GA............................

ad. No. 25, 2001

Ss. 107GB–107GD.............

ad. No. 91, 2004

Division 2

 

S. 109..................................

am. No. 216, 1973; No. 19, 1979; No. 115, 2000; No. 25, 2001

S. 110..................................

am. No. 39, 1983; No. 115, 2000

S. 112..................................

am. No. 115, 2000; No. 25, 2001

S. 113..................................

am. No. 39, 1983

S. 114..................................

rs. No. 49, 1963

 

am. No. 29, 1974; No. 65, 1981; No. 39, 1983

S. 115..................................

am. No. 216, 1973; No. 19, 1979; No. 39, 1983

Part X

 

S. 116..................................

rs. No. 88, 1947

 

am. No. 105, 1968; Nos. 24 and 216, 1973; No. 39, 1983; No. 115, 2000; No. 25, 2001; No. 91, 2004; No. 74, 2006

S. 117..................................

am. No. 93, 1966; No. 105, 1968; No. 39, 1983; No. 40, 1985

 

rs. No. 115, 2000

Ss. 117A, 117B...................

ad. No. 115, 2000

S. 117BA.............................

ad. No. 68, 2011

S. 117C...............................

ad. No. 115, 2000

S. 117D...............................

ad. No. 115, 2000

 

am. No. 91, 2004

Ss. 117E–117I....................

ad. No. 115, 2000

S. 118..................................

am. No. 39, 1983; No. 40, 1985; Nos. 25 and 146, 2001

Note to s. 118.....................

ad. No. 25, 2001

S. 119..................................

rs. No. 88, 1947

 

am. No. 93, 1966; No. 39, 1983; No. 40, 1985

 

rep. No. 115, 2000

S. 120..................................

am. No. 26, 1918; No. 93, 1966; No. 105, 1968; No. 24, 1973; No. 108, 1982; No. 39, 1983; No. 40, 1985; No. 24, 1989; Nos. 97 and 167, 1997; Nos. 115, 125 and 137, 2000; Nos. 25 and 146, 2001; No. 54, 2003; No. 74, 2006

Note to s. 120(2)................

ad. No. 25, 2001

Note to s. 120(6)................

rep. No. 146, 2001

Note to s. 120(7)................

rep. No. 146, 2001

S. 120A...............................

ad. No. 10, 1957

 

am. No. 93, 1966; No. 105, 1968; No. 39, 1983; No. 40, 1985

 

rep. No. 115, 2000

Ss. 121, 122........................

am. No. 39, 1983

 

rep. No. 40, 1985

S. 123..................................

am. No. 93, 1966; No. 39, 1983; No. 115, 2000

 

rep. No. 137, 2000

S. 124..................................

am. No. 39, 1983; No. 40, 1985; No. 115, 2000; No. 137, 2000 (as am. by No. 63, 2002); Nos. 25 and 146, 2001

Note to s. 124.....................

ad. No. 25, 2001

S. 125..................................

am. No. 93, 1966; No. 39, 1983

 

rep. No. 40, 1985

Ss. 126, 127........................

rep. No. 216, 1973

S. 127A...............................

ad. No. 115, 2000

 

am. No. 68, 2011

S. 128A...............................

ad. No. 34, 1992

 

am. No. 85, 1995; No. 97, 1997

 

rep. No. 54, 2003

S. 129..................................

am. No. 39, 1983

 

rs. No. 40, 1985

 

rep. No. 115, 2000

Part XA

 

Part XA................................

ad. No. 115, 2000

Ss. 129A–129F...................

ad. No. 115, 2000

S. 130..................................

rep. No. 40, 1985

S. 131..................................

am. No. 39, 1983

 

rep. No. 40, 1985

S. 132..................................

rs. No. 139, 1965

 

am. No. 29, 1974

 

rep. No. 40, 1985

Part XI

 

S. 133..................................

rs. No. 25, 2001

 

am. No. 54, 2003

S. 134..................................

am. No. 26, 1918; No. 93, 1966; No. 216, 1973; No. 19, 1979; No. 39, 1983

 

rs. No. 40, 1985

 

am. No. 149, 1986; No. 24, 1989; No. 5, 1990; No. 85, 1995; No. 115, 2000; No. 25, 2001

Note to s. 134.....................

ad. No. 25, 2001

S. 134A...............................

ad. No. 8, 1923

 

rep. No. 40, 1985

 

ad. No. 149, 1986

 

rep. No. 24, 1989

S. 135..................................

am. No. 93, 1966; No. 216, 1973; No. 19, 1979; No. 39, 1983

 

rep. No. 40, 1985

S. 136..................................

am. No. 216, 1973; No. 19, 1979; No. 40, 1985

S. 137..................................

am. No. 19, 1979

S. 138..................................

am. No. 39, 1983

Ss. 139, 140........................

am. No. 40, 1985

S. 142..................................

am. No. 10, 1986; No. 85, 1995; No. 115, 2000

S. 143..................................

am. No. 26, 1918

S. 144..................................

rs. No. 26, 1918

 

am. No. 29, 1974; No. 146, 2001

S. 145..................................

am. No. 85, 1995

S. 145A...............................

ad. No. 40, 1985

S. 147..................................

rep. No. 49, 1958

S. 147A...............................

ad. No. 44, 1934

 

rep. No. 49, 1958

Heading to s. 148..............

am. No. 115, 2000

S. 148..................................

am. No. 25, 2001

S. 149..................................

rep. No. 49, 1958

S. 150..................................

am. No. 25, 2001

S. 152..................................

rs. No. 49, 1963

 

am. No. 216, 1973; No. 29, 1974

S. 153..................................

am. No. 10, 1986; No. 85, 1995

Part XII

 

S. 154..................................

am. No. 139, 1965; No. 39, 1983; No. 10, 1986; No. 85, 1995

S. 155..................................

am. No. 26, 1918

 

rep. No. 42, 1980

 

ad. No. 74, 2010

Part XIII...............................

rep. No. 42, 1980

S. 156..................................

rep. No. 42, 1980

S. 157..................................

am. No. 29, 1974

 

rep. No. 42, 1980

S. 158..................................

am. No. 93, 1966

 

rep. No. 42, 1980

Part XIV

 

S. 159..................................

rep. No. 42, 1980

 

ad. No. 25, 2001

 

am. Nos. 54 and 122, 2003; Nos. 42 and 91, 2004; No. 74, 2006

 

rep. No. 145, 2010

S. 159A...............................

ad. No. 51, 1982

S. 160A...............................

ad. No. 10, 1957

 

rs. No. 105, 1968

 

am. No. 29, 1974; No. 39, 1983; No. 149, 1986

S. 160B...............................

ad. No. 29, 1974

 

am. No. 101, 1983; No. 10, 1986; No. 85, 1995

S. 161..................................

rep. No. 25, 2001

S. 162A...............................

ad. No. 10, 1957

 

am. No. 105, 1968; No. 29, 1974; No. 42, 1980; No. 39, 1983

 

rep. No. 115, 2000

S. 162B...............................

ad. No. 10, 1957

 

am. No. 105, 1968; No. 29, 1974; No. 36, 1978; No. 39, 1983; No. 115, 2000; No. 88, 2009

S. 162C...............................

ad. No. 61, 1981

 

am. No. 108, 1982; No. 81, 1982 (as am. by No. 39, 1983); No. 175, 1985; No. 10, 1986; No. 81, 1987; No. 78, 1989; No. 111, 1990; No. 85, 1995; No. 97, 1997; Nos. 85 and 115, 2000; No. 25, 2001; No. 54, 2003; No. 74, 2006; No. 68, 2011; No. 36, 2012

S. 163..................................

am. No. 26, 1918; No. 25, 2001

 

rep. No. 74, 2006

Part XV

 

Heading to Part XV............

ad. No. 72, 1984

 

rs. No. 25, 2001

S. 163A...............................

ad. No. 101, 1983

 

rs. No. 72, 1984

 

am. No. 40, 1985; No. 25, 2001

S. 164..................................

am. No. 108, 1982; No. 25, 2001

Note to s. 164.....................

ad. No. 25, 2001

S. 164A...............................

ad. No. 108, 2008

Heading to s. 165..............

am. No. 85, 1995

S. 165..................................

rep. No. 26, 1918

 

ad. No. 72, 1984

 

am. Nos. 39 and 40, 1985; No. 85, 1995; No. 167, 1997

Heading to s. 165A............

am. No. 167, 1997

S. 165A...............................

ad. No. 85, 1995

 

am. Nos. 152 and 167, 1997; No. 25, 2001; No. 88, 2009; No. 36, 2012

Ss. 166, 167........................

ad. No. 72, 1984

 

am. No. 39, 1985; No. 85, 1995

S. 168..................................

ad. No. 72, 1984

 

am. No. 58, 2006

S. 169..................................

ad. No. 72, 1984

 

am. No. 85, 1995 (as am. by No. 43, 1996)

S. 170..................................

ad. No. 72, 1984

Schedules

 

Schedule I..........................

am. No. 29, 1974; No. 25, 2001

Schedules II, III..................

am. No. 15, 1968; No. 29, 1974; No. 85, 1995

 

rep. No. 115, 2000

Schedule IV........................

am. No. 29, 1974

 

rep. No. 115, 2000

Schedule V.........................

am. No. 15, 1968; No. 29, 1974; No. 85, 1995

 

rep. No. 115, 2000

Schedule VI........................

rs. No. 26, 1918

 

rep. No. 115, 2000

Schedule VII.......................

am. No. 88, 1947; No. 15, 1968; No. 29, 1974; No. 85, 1995

 

rep. No. 115, 2000

Schedules VIII, IX..............

rs. No. 26, 1918

 

rep. No. 10, 1957

Schedule X.........................

rep. No. 26, 1918


Table A

Application, saving and transitional provisions

Customs and Excise Legislation Amendment Act (No. 1) 1997
(No. 97, 1997)

Schedule 2 

27  Application provision for eligibility items

The amendment of the Excise Act 1901 made by item 6 of this Schedule applies only in relation to diesel fuel:

                     (a)  that is purchased before the day on which those items commence and in respect of which an application for diesel fuel rebate is not received under section 78A of that Act before, on, or within 3 months after, that day; or

                     (b)  that is purchased on or after that day.

28  Application provision for modernisation items

The amendments of the Excise Act 1901 made by the items of this Schedule other than item 6 apply only in relation to diesel fuel in respect of which an application for diesel fuel rebate is made under section 78A of that Act on or after the day on which those first‑mentioned items commence (whether the fuel was purchased before or after that day).

 

Customs and Excise Legislation Amendment Act (No. 2) 1997
(No. 167, 1997)

Schedule 1 

10  Transitional provision

If, apart from the repeal of subsections 78(3), (4) and (5) of the Excise Act 1901 by item 9, a person would have an entitlement to a remission, rebate or refund of excise duty because particular circumstances exist immediately before the commencement of this Act (pre‑commencement circumstances), the person continues to be entitled to the remission, rebate or refund of excise duty in relation to those pre‑commencement circumstances on and after the commencement of this Act.

15  Application

The amendments to sections 77G, 77J and 80B of the Excise Act 1901 by this Act apply only to blending of petroleum products occurring on or after the commencement of this Act.

 

Excise Amendment (Compliance Improvement) Act 2000 (No. 115, 2000)

4  Regulations

             (1)  The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  In particular, regulations may be made:

                     (a)  for matters of a transitional, saving or application nature arising from the amendments made by this Act; and

                     (b)  to require a person, being a person who is the holder of a manufacturer licence, storage licence, producer licence or dealer licence under Part IV of the Excise Act 1901 (as amended by this Act) because of Schedule 2 to this Act, to provide information of the kind relevant to that Part; and

                     (c)  to create offences and to provide for a maximum penalty, not exceeding 10 penalty units for a natural person and 50 penalty units for a body corporate, in respect of each offence.

Schedule 1 

62  Application of items 60 and 61

The amendments made by items 60 and 61 apply to Excise prosecutions instituted on or after the day on which this item commences, whether or not the prosecutions are in relation to penalties incurred, or goods seized, before, on or after that day.

Schedule 2 

1  Definitions

In this Schedule:

new Act means the Excise Act 1901 as amended by this Act.

old Act means the Excise Act 1901 as in force immediately before the commencement of this Act.

2  Declarations under section 5A

(1)       A person who is a proprietor of an approved place under section 5A of the old Act immediately before the commencement of this item is taken, with respect from that time, to be the holder of a storage licence granted at that time under Part IV of the new Act.

(2)       The approved place of which the person is the proprietor is taken, with respect from that time, to be the approved place specified in the storage licence.

3  Regulations under section 14

Regulations made under section 14 of the old Act that are in force immediately before the commencement of this item are taken, with respect from that time, to have been made under paragraph 39(2)(f) of the new Act.

4  Registered producers

(1)       A person who is registered as a producer under Part III of the old Act immediately before the commencement of this item is taken, with respect from that time, to be the holder of a producer licence granted at that time under Part IV of the new Act.

(2)       The premises in respect of which the person was registered is taken, with respect from that time, to be the premises specified in the producer licence.

5  Registered dealers

(1)       A person who is registered as a dealer under Part III of the old Act immediately before the commencement of this item is taken, with respect from that time, to be the holder of a dealer licence granted at that time under Part IV of the new Act.

(2)       The premises in respect of which the person was registered is taken, with respect from that time, to be the premises specified in the dealer licence.

6  Permissions under section 29

A permission granted under section 29 of the old Act that is in force immediately before the commencement of this item is taken, with respect from that time, to be a permission granted under:

                     (a)  if the permission is in relation to a producer—section 30 of the new Act; and

                     (b)  if the permission is in relation to a dealer—section 35 of the new Act.

7  Regulations under section 33

Regulations made under section 33 of the old Act that are in force immediately before the commencement of this item are taken, with respect from that time, to have been made under:

                     (a)  to the extent that the regulations are in relation to a producer—section 32 of the new Act; and

                     (b)  to the extent that the regulations are in relation to a dealer—section 37 of the new Act.

8  Securities under section 39

A security given under section 39 of the old Act that is in force immediately before the commencement of this item is taken, with respect from that time, to have been given at that time under section 16 of the new Act.

9  Manufacturing licences

(1)       If:

                     (a)  an application for a licence was made under section 37 of the old Act; and

                     (b)  immediately before the commencement of this item, the Collector had not made a decision whether to grant or refuse the licence;

the application is taken, with respect from that time, to be an application for a manufacturing licence made at that time under section 39 of the new Act.

(2)       A manufacturing licence granted under Part IV of the old Act that is in force immediately before the commencement of this item is taken, with respect from that time, to be a manufacturer licence granted at that time under Part IV of the new Act.

(3)       The premises in respect of which the person was licensed is taken, with respect from that time, to be the premises specified in the manufacturer licence.

10  Information given under the regulations

If:

                     (a)  regulations made under section 4 of this Act require a person, being a person who is the holder of a manufacturer licence, storage licence, producer licence or dealer licence under Part IV of the new Act because of this Schedule, to provide information of the kind relevant to that Part; and

                     (b)  the person provides that information;

the information is taken to be information provided by the person in an application under section 39 of the new Act.

 

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)

Schedule 2

418  Transitional—pre‑commencement offences

(1)       Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:

                     (a)  an offence committed before the commencement of this item; or

                     (b)  proceedings for an offence alleged to have been committed before the commencement of this item; or

                     (c)  any matter connected with, or arising out of, such proceedings;

as if the amendment or repeal had not been made.

(2)       Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.

419  Transitional—pre‑commencement notices

If:

                     (a)  a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and

                     (b)  any or all of those other provisions are repealed by this Schedule; and

                     (c)  the first‑mentioned provision is amended by this Schedule;

the amendment of the first‑mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.

 

Taxation Laws Amendment (Excise Arrangements) Act 2001 (No. 25, 2001)

Schedule 2

5  Transitional provision—things previously done by the CEO

Anything that:

                     (a)  was done, under any of the Excise Acts (as defined in subsection 4(1) of the Excise Act 1901), by the Chief Executive Officer of Customs in the capacity of the CEO; and

                     (b)  was in force immediately before the commencement of this item;

is taken, after that commencement, to have been done by the Commissioner of Taxation in that capacity.

13  Transitional provision—officers of Customs

A person who, immediately before the commencement of this item:

                     (a)  was an officer of Customs within the meaning of the Excise Act 1901; and

                     (b)  held a position under which he or she exercised powers or performed functions under that Act;

is taken, immediately after that commencement, to be an officer for the purposes of that Act.

17  Transitional provision—previously approved forms

Any form that, immediately before the commencement of this item, was a form approved under section 4AA of the Excise Act 1901 is taken, after that commencement, to be a form approved as mentioned in section 388‑50 in Schedule 1 to the Taxation Administration Act 1953.

22  Transitional provision—Customs securities

Any securities taken under section 16 of the Excise Act 1901 that the Australian Customs Service held on the Commonwealth’s behalf immediately before the commencement of this item are taken, after that commencement, to be held by the CEO on the Commonwealth’s behalf.

113  Transitional provision—existing applications

The amendments of section 162C of the Excise Act 1901 made by items 108 to 112 of this Schedule does not affect the consideration of any application made under section 162C of that Act before the commencement of this item.

117  Transitional provision—Departmental by‑laws

Any Departmental by‑laws that were, immediately before the commencement of this item, in force under the Excise Act 1901, continue in force, immediately after that commencement, as if they were by‑laws.

 

Treasury Legislation Amendment (Application of Criminal Code) Act (No. 2) 2001 (No. 146, 2001)

4  Application of amendments

             (1)  Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

             (2)  For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

 

Diesel Fuel Rebate Scheme Amendment Act 2002 (No. 46, 2002)

Schedule 1 

10  Application provision

The amendments of the Excise Act 1901 made by items 6, 7, 8 and 9 of this Schedule apply only in relation to diesel fuel that is purchased on or after 1 July 2002.

 

Crimes Legislation Enhancement Act 2003 (No. 41, 2003)

Schedule 3

42  Saving provision

(1)       The amendments made by this Schedule do not invalidate:

                     (a)  an instrument made under, or referring to, a Part of the Crimes Act 1914 whose heading is repealed and substituted by this Schedule; or

                     (b)  anything done under such an instrument or such a Part.

(2)       Subitem (1) has effect whether the instrument was made, or the thing was done, before or after this Act received the Royal Assent.

 

Energy Grants (Credits) Scheme (Consequential Amendments) Act 2003
(No. 54, 2003)

Schedule 4

18  Transitional

The Excise Act 1901 continues to apply, as if it had not been amended by this Schedule, in relation to the purchase before 1 July 2003 of diesel fuel, provided:

                     (a)  an application under section 78A of that Act for a rebate in respect of the fuel was made before that day; or

                     (b)  the following conditions are satisfied:

                              (i)  an application under section 78A of that Act for a rebate in respect of the fuel is, in spite of subsection 78A(1AB) of that Act, made at any time from the beginning of that day until the end of 30 November 2003;

                             (ii)  before the application was made, no claim was made (other than one that was withdrawn) in respect of the same fuel under section 15 of the Product Grants and Benefits Administration Act 2000, in its operation as a result of Schedule 7 to this Act applying to the Energy Grants (Credits) Scheme Act 2003.

 

Family and Community Services and Veterans’ Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003
(No. 122, 2003)

Schedule 2

3  Application

The amendments of the Excise Act 1901 made by this Schedule apply to information obtained before, on or after the commencement of this Schedule by the Commissioner, a Deputy Commissioner or a person authorised by the Commissioner or a Deputy Commissioner.

 

Excise and Other Legislation Amendment (Compliance Measures) Act 2004
(No. 91, 2004)

4  Application of amendments

                   The amendments made by Schedule 3 to this Act apply in relation to goods seized on or after the commencement of that Schedule.

 

Excise Laws Amendment (Fuel Tax Reform and Other Measures) Act 2006
(No. 74, 2006)

102  Application and transitional—licences

Licence applications

(1)       The amendments made by items 26 to 36 apply in relation to applications made after the commencement of this item.

Period of new licences

(2)       The amendment made by item 37 applies to licences granted after the commencement of this item (whether the application for the licence was made before or after that commencement).

Renewal of licences

(3)       The amendments made by items 38 to 40 apply in relation to renewal applications made after the commencement of this item (whether the licence was granted before or after that commencement).

Suspension or cancellation of licences

(4)       The amendments made by items 41 to 45 apply in relation to licences granted before or after the commencement of this item.

Existing licences to end on 30 September 2006

(5)       A licence in force under Part IV of the Excise Act 1901 immediately before the commencement of this item ceases to be in force at the end of 30 September 2006 (unless cancelled earlier).

103  Application—record keeping

The amendment made by item 49 applies in relation to producer licences or dealer licences granted before or after the commencement of this item.

104  Application—relevant travellers

The amendment made by item 51 applies in relation to goods delivered to a relevant traveller after the commencement of this item (under a permission given before or after that commencement).

105  Application—tobacco leaf

The amendment made by item 65 applies in relation to:

                     (a)  tobacco leaf that a person has or had possession, custody or control of after the commencement of this item; and

                     (b)  tobacco leaf that a person had possession, custody or control of immediately before the commencement of this item.

106  Saving—volume and strength of alcoholic beverages

Despite the amendments made by items 69 and 71, sections 77B and 77FB of the Excise Act 1901, as in force immediately before the commencement of this item, continue in effect, after that commencement, until the first set of rules made under section 65 of that Act after that commencement take effect.

107  Application and transitional—repackaged beer

(1)       The amendment made by item 72 applies in relation to repackaging that occurs after the commencement of this item.

(2)       Paragraph 77FC(a) of the Excise Act 1901, as added by this Act, is taken to be satisfied if, before the commencement of this item, beer classified to paragraph 1(C)(2) of the Schedule to the Excise Tariff Act 1921 was delivered for home consumption (beer packaged in an individual container exceeding 48 litres).

108  Transitional—stabilised crude petroleum oil and petroleum condensate

A reference in section 77K of the Excise Act 1901 to excise duty attaching to stabilised crude petroleum oil or condensate under item 20 or 21 of the Schedule to the Excise Tariff Act 1921 is taken to include a reference to excise duty that attached to stabilised crude petroleum oil or condensate under item 17 of that Schedule before the commencement of this item.

109  Saving—confidentiality

Despite the amendment made by item 88, section 159 of the Excise Act 1901, as in force immediately before the commencement of this item, continues to apply after that commencement in relation to the following that a person obtained in the course of official employment before that commencement:

                     (a)  protected information to the extent that the information was disclosed or obtained under the Fuel (Penalty Surcharges) Administration Act 1997 or regulations made under that Act;

                     (b)  a protected document to the extent that the document was made or given under, or for the purposes of, the Fuel (Penalty Surcharges) Administration Act 1997 or regulations made under that Act.

 

Excise Legislation Amendment (Condensate) Act 2008 (No. 108, 2008)

Schedule 1

13  Application

Application of Schedule

(1)       The amendments made by this Schedule apply in relation to condensate produced after midnight (by legal time in the Australian Capital Territory) on 13 May 2008.

14  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 Act 1901 and the Petroleum Excise (Prices) Act 1987 (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”.

15  Time for compliance with Excise Act 1901

Section 15 of the Excise Act 1901 applies in relation to condensate as if the references to “the first day” in the following provisions were references to “the day on which Schedule 1 to the Excise Tariff Amendment (Condensate) Act 2008 commences”:

                     (a)  paragraph (a) and subparagraph (b)(iii) of the definition of transition period in subsection 15(3);

                     (b)  subparagraph 15(4)(a)(ii);

                     (c)  paragraph 15(4)(b).

 

Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010
(No. 145, 2010)

Schedule 2

126  Saving—section 159 of the Excise Act 1901

(1)       This item applies to an entity who acquired protected information (within the meaning of section 159 of the Excise Act 1901 as in force immediately before the commencement of item 17 of this Schedule) when the excise law (within the meaning of that Act) was not administered by the Commissioner of Taxation.

(2)       Despite the repeal of section 159 of the Excise Act 1901 by item 17 of this Schedule, that section continues to apply to the entity after the commencement of this item, in relation to the information, as if the repeal had not happened.

 

Tax Laws Amendment (2011 Measures No. 8) Act 2011 (No. 136, 2011)

Schedule 4

4  Transitional provision—regulations

Regulations that are in force under paragraph 77L(3)(b) of the Excise Act 1901 immediately before this item commences are taken, after that time, to have been made for the purposes of subsection 77L(3) of that Act (as inserted by this Part).

 

Excise Amendment (Reducing Business Compliance Burden) Act 2012
(No. 36, 2012)

Schedule 1

28  Transitional provision

(1)       This item applies in respect of a person who, immediately before commencement, had permission under section 61C of the old law to deliver goods (specified in the permission) for home consumption without entering them for that purpose in respect of a particular recurring period.

(2)       The person is taken to have been given permission under subsection 61C(1C) of the new law to deliver those goods for home consumption without entering them for that purpose in respect of the same period.

(3)       Subject to subitem (4), a permission mentioned in subitem (2) is subject to section 61C of the new law.

(4)       Despite the repeal and substitution of subsection 61C(3) of the old law by this Schedule, that subsection continues in force for 3 months after commencement as if it had not been repealed and substituted.

(5)       In this item:

commencement means the day this item commences.

new law means the Excise Act 1901, as in force immediately after commencement.

old law means the Excise Act 1901, as in force immediately before commencement.

 

Tax Laws Amendment (2012 Measures No. 3) Act 2012 (No. 58, 2012)

Schedule 2

5  Application

The amendments to the Excise Act 1901 and the Excise Tariff Act 1921 made by this Schedule apply in relation to goods that are the product of the blending of amounts of relevant fuel if the blending occurs on or after 1 July 2012 (whether the amounts of relevant fuel being blended were manufactured, produced or imported before, on or after that day).