Excise Amendment Regulation 2012 (No. 3)1
Select Legislative Instrument 2012 No. 190
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Excise Act 1901.
Dated 2 August 2012
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
DAVID BRADBURY
1 Name of regulation
This regulation is the Excise Amendment Regulation 2012 (No. 3).
2 Commencement
This regulation commences on the day after it is registered.
3 Amendment of Excise Regulations 1925
Schedule 1 amends the Excise Regulations 1925.
Schedule 1 Amendments
(section 3)
[1] Subregulation 2 (1)
omit
(1)
[2] Subregulation 2 (1)
insert
eligible brewery has the meaning given by regulation 3.
[3] Subregulation 2 (1), definition of microbrewery
omit
[4] Regulation 2AB
omit
[5] After regulation 2
insert
3 Eligible breweries
An eligible brewery is a brewery that:
(a) is operated by an entity that is legally and economically independent of any other entity that operates a brewery; and
(b) sells beer (whether wholesale or retail), on which excise has been paid, directly from the manufacturing premises of the brewery.
[6] Paragraph 50 (1) (zzd)
substitute
(zzd) excise duty has been paid on beer that is manufactured in an eligible brewery during a financial year starting on or after 1 July 2012, and the amount of refund paid during the financial year to the entity that operates the brewery does not exceed:
(i) if the brewery is an eligible brewery at the start of the financial year—$30 000; or
(ii) if the brewery first becomes an eligible brewery after the start of the financial year—an amount worked out by:
(A) multiplying $30 000 by the number of days in the period starting when the brewery first becomes an eligible brewery and ending at the end of the financial year; and
(B) dividing the result by 365.