EXCISE TARIFF ACT 1921

S 6AAA(3) amended by No 101 of 2015, s 3 and Sch 2 item 2, by substituting para (a)(ii), effective 1 July 2015. Para (a)(ii) formerly read:

(ii) subitem 10.7, 10.11, 10.12 or 10.30;

S 6AAA inserted by No 101 of 2015, s 3 and Sch 1 item 27, effective 31 January 2015. For application provision, see note under s 6A(1) .

Former s 6AAA repealed by No 75 of 2006, s 3 and Sch 1 item 21, effective 1 July 2006. S 6AAA formerly read:

6AAA(1)
The purpose of this section is to modify the ordinary indexation provisions set out in section 6A for particular goods in respect of nominated indexation periods beginning with the indexation period starting on 1 February 1994.

6AAA(2)
If the factor worked out under subsection 6A(5) in relation to an indexation period starting on 1 February 1994, 1 August 1994, or 1 February 1995 is more than 1, section 6A operates in respect of that period as if subsection 6A(4) provided, in relation to goods in item 6, 7 or 8 of the Schedule , that this Act has effect as if, on the first day of that period, there were substituted for the relevant rate applying to the goods, a rate worked out using the formula:

105 × [ relevant × factor ] 100

where:

relevant rate means the rate as defined in subsection (8) that applies to those goods or if, by previous operation of section 6A and this section, this Act has effect as if another rate were substituted, the last substituted rate.

factor means the factor worked out in relation to that period under subsection 6A(5) .

6AAA(3)
If the factor worked out under subsection 6A(5) in relation to an indexation period starting on 1 February 1994, 1 August 1994, or 1 February 1995 is equal to or less than 1, section 6A operates in respect of that period as if subsection 6A(4) provided, in relation to goods in item 6, 7 or 8 of the Schedule , that this Act has effect as if, on the first day of that period, there were substituted for the relevant rate applying to the goods, a rate worked out using the formula:

105 × relevant rate 100

where:

relevant rate means the rate as defined in subsection (8) that applies to those goods or if, by previous operation of section 6A and this section, this Act has effect as if another rate were substituted, the last substituted rate.

6AAA(4)
If the factor worked out under subsection 6A(5) in relation to an indexation period starting on 1 February 1994 or 1 August 1994 is more than 1, section 6A operates in respect of that period as if subsection 6A(4) provided, in relation to goods in an item of the Schedule in column 1 of Table 1, that this Act has effect as if, on the first day of that period, there were substituted for the relevant rate applying to the goods, a rate worked out using the formula:

[ relevant rate × factor ] + additional rate

where:

relevant rate means the rate as defined in subsection (8) or if, by previous operation of section 6A and this section, this Act has effect as if another rate were substituted, the last substituted rate.

factor means the factor worked out in relation to that period under subsection 6A(5) .

additional rate , in relation to an indexation period, means the additional rate set out in the column of Table 1 that refers to that period.

TABLE 1

TABLE 1

Column 1	Column 2	Column 3
Items of the Schedule	Additional rate for indexation period starting on 1 February 1994	Additional rate for indexation period starting on 1 August 1994
11(A)(3)(b) 11(C)(2)(a)	2 cents per litre	2 cents per litre

6AAA(5)
If the factor worked out under subsection 6A(5) in relation to an indexation period starting on 1 February 1994 or 1 August 1994 is equal to or less than 1, section 6A operates in respect of that period as if subsection 6A(4) provided, in relation to goods in an item of the Schedule in column 1 of Table 1 above, that this Act has effect as if, on the first day of that period, there were substituted for the relevant rate applying to the goods, a rate worked out using the formula:

relevant rate + additional rate

where:

relevant rate means the rate as defined in subsection (8) or if, by previous operation of section 6A and this section, this Act has effect as if another rate were substituted, the last substituted rate.

additional rate , in relation to an indexation period, means the additional rate set out in the column of Table 1 above that refers to that period.

6AAA(6)
If the factor worked out under subsection 6A(5) in relation to an indexation period starting on 1 February 1994 or 1 August 1994 is more than 1, section 6A operates in respect of that period as if subsection 6A(4) provided, in relation to goods in an item of the Schedule in column 1 of Table 2, that this Act has effect as if, on the first day of that period, there were substituted for the relevant rate applying to the goods, a rate worked out using the formula:

[ relevant rate × factor ] + additional rate

where:

relevant rate means the rate as defined in subsection (8) or if, by previous operation of section 6A and this section, this Act has effect as if another rate were substituted, the last substituted rate.

factor means the factor worked out in relation to that period under subsection 6A(5) .

additional rate , in relation to an indexation period, means the additional rate set out in the column of Table 2 that refers to that period.

TABLE 2

TABLE 2

Column 1	Column 2	Column 3
Items of the Schedule	Additional rate for indexation period starting on 1 February 1994	Additional rate for indexation period starting on 1 August 1994
11(A)(3)(c) 11(B)(3) 11(C)(2)(b) 11(E)(2)	1 cent per litre	1 cent per litre

6AAA(7)
If the factor worked out under subsection 6A(5) in relation to an indexation period starting on 1 February 1994 or 1 August 1994 is equal to or less than 1, section 6A operates in respect of that period as if subsection 6A(4) provided, in relation to goods in an item of the Schedule in column 1 of Table 2 above, that this Act has effect as if, on the first day of that period, there were substituted for the relevant rate applying to the goods, a rate worked out using the formula:

relevant rate + additional rate

where:

relevant rate means the rate as defined in subsection (8) or if, by previous operation of section 6A and this section, this Act has effect as if another rate were substituted, the last substituted rate.

additional rate , in relation to an indexation period, means the additional rate set out in the column of Table 2 above that refers to that period.

6AAA(8)
In this section:

indexation period
means the 6 month period commencing on a day referred to in subsection (1), (2), (3), (4), (5), (6) or (7).

relevant rate
, in relation to goods referred to in subsection (2), (3), (4), (5), (6) or (7), means the rate of duty specified in respect of the item in the Schedule that covers those goods.