Excise Tariff Amendment (Tobacco Duty Harmonisation) Act 2017

No. 80, 2017

An Act to amend the Excise Tariff Act 1921, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

Excise Tariff Act 1921 3

An Act to amend the Excise Tariff Act 1921, and for related purposes

[Assented to 15 August 2017]

The Parliament of Australia enacts:
1 Short title

This Act is the Excise Tariff Amendment (Tobacco Duty Harmonisation) Act 2017.
2 Commencement 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.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this Act 31 August 2017. 31 August 2017

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Amendments

Excise Tariff Act 1921

 1 Section 6AA (heading)

Repeal the heading, substitute:

 6AA Indexing of tobacco duty rate under subitem 5.1 of the Schedule 2 Subsection 6AA(1)

Omit “each rate of duty set out in item 5 of the Schedule (each tobacco duty rate)”, substitute “the rate of duty set out in subitem 5.1 of the Schedule (the tobacco duty rate)”.

 3 Subsection 6AA(2)

Repeal the subsection, substitute:

 2

The amount worked out under subsection (1) is to be rounded to 5 decimal places (rounding up if the sixth decimal place is 5 or more).

 4 After section 6AA

Insert:

 6AAB Tobacco duty rate under subitem 5.5 of the Schedule 1

(1) For the purposes of subitem 5.5 of the Schedule, the applicable rate on a day is the amount worked out using the formula:

 2

(2) The weight conversion factor is:

 a

for a day on or after the first replacement day and before the second replacement day—0.000775; or

 b

for a day on or after the second replacement day and before the third replacement day—0.00075; or

 c

for a day on or after the third replacement day and before the fourth replacement day—0.000725; or

 d

for a day on or after the fourth replacement day—0.0007.

Rounding

Replacement days

Application of applicable rate

Publication

 3

The amount worked out under subsection (1) is to be rounded to 2 decimal places (rounding up if the third decimal place is 5 or more).

 4

(4) For the purposes of this section, the first replacement day is:

 a

1 September 2017; or

 b

if, in relation to the indexation day that is 1 September 2017, subsection 6AA(7) has the effect of replacing a rate of duty on a later day—that later day.

 5

(5) For the purposes of this section, the second replacement day is:

 a

1 September 2018; or

 b

if, in relation to the indexation day that is 1 September 2018, subsection 6AA(7) has the effect of replacing a rate of duty on a later day—that later day.

 6

(6) For the purposes of this section, the third replacement day is:

 a

1 September 2019; or

 b

if, in relation to the indexation day that is 1 September 2019, subsection 6AA(7) has the effect of replacing a rate of duty on a later day—that later day.

 7

(7) For the purposes of this section, the fourth replacement day is:

 a

1 September 2020; or

 b

if, in relation to the indexation day that is 1 September 2020, subsection 6AA(7) has the effect of replacing a rate of duty on a later day—that later day.

 8

If the applicable rate changes on a particular day, the changed rate applies in relation to goods entered for home consumption on or after that day.

 9

The CEO must, on or as soon as practicable after the day the rate of duty set out in subitem 5.1 of the Schedule is replaced under section 6AA, publish a notice in the Gazette advertising:

 a

the rate of duty under subitem 5.5 of the Schedule on that day; and

 b

the goods to which subitem 5.5 of the Schedule applies.

 5 Schedule (cell at table subitem 5.5, column headed “Rate of Duty”)

Repeal the cell, substitute:

 6 Application provision 1

The amendments made by items 4 and 5 apply in relation to goods entered for home consumption on or after the first replacement day.

 2

(2) This item has effect despite subsection 5(2) of the Excise Tariff Act 1921.

 3

(3) For the purposes of this item, first replacement day has the same meaning as in section 6AAB of the Excise Tariff Act 1921 as amended by this Act.

[Minister’s second reading speech made in—

House of Representatives on 1 June 2017

Senate on 8 August 2017]

(111/17)