EXCISE TARIFF ACT 1921

Definition of " adjusted previous year's duty " amended by No 164 of 2001, s 3 and Sch 1 item 3 by substituting " old oil " for " relevant oil " , effective 1 July 2001.

Definition of " non-adjusted previous year's duty " amended by No 164 of 2001, s 3 and Sch 1 item 4 by substituting " old oil " for " relevant oil " , effective 1 July 2001.

Definition of " old oil " amended by No 75 of 2006, s 3 and Sch 1 item 22, by substituting " subitem 20.7 of " for " subparagraph 17(A)(2)(b) in " , effective 1 July 2006.

Definition of " old oil " inserted by No 164 of 2001, s 3 and Sch 1 item 5, effective 1 July 2001.

Definition of " prescribed production area " amended by No 25 of 2001, s 3 and Sch 7 item 14, by substituting " by-laws " for " Departmental By-laws " , effective 4 May 2001.

Definition of " relevant oil " repealed by No 164 of 2001, s 3 and Sch 1 item 6, effective 1 July 2001. The definition formerly read:

relevant oil
means stabilized crude petroleum oil in respect of which subparagraph 17(A)(2)(b) in the Schedule applies.

Definition of " threshold price " repealed by No 164 of 2001, s 3 and Sch 1 item 7, effective 1 July 2001. The definition formerly read:

threshold price
, in relation to a particular time, means:

(a) if paragraph (b) does not apply - $224.54 per kilolitre; or

(b) if at that time this Act has effect, because of section 6AA , as if another price is substituted - the last price to be so substituted.

Definition of " threshold quantity " repealed by No 164 of 2001, s 3 and Sch 1 item 8, effective 1 July 2001. The definition formerly read:

threshold quantity
, in relation to a month, means the number of kilolitres ascertained in accordance with the formula:

D × K

where:

D is the number of days in the month.

K is:

(a) where the month is in a year in which there are 365 days - 1369.8630 kilolitres; or

(b) where the month is in a year in which there are 366 days - 1366.1202 kilolitres.

Definition of " variable percentage " repealed by No 164 of 2001, s 3 and Sch 1 item 9, effective 1 July 2001. The definition formerly read:

variable percentage
, in relation to a period, means:

(a) if the period ends on or before 30 June 1988 - 79%;

(b) if the period ends on or before 30 June 1989 - 77%; or

(c) if the period commences on or after 1 July 1989 - 75%.

S 6B(2) amended by No 164 of 2001, s 3 and Sch 1 item 10 by substituting " old oil " for " relevant oil " , effective 1 July 2001.

S 6B(3) substituted by No 164 of 2001, s 3 and Sch 1 item 11, effective 1 July 2001. S 6B(3) formerly read:

6B(3) The amount of duty  

Subject to subsection (3A), the amount of duty in respect of relevant oil produced from a prescribed production area and entered for home consumption during a month of a financial year commencing on or after 1 July 1997 is the amount worked out using the formula:

where:

notional duty is the amount of notional duty in respect of relevant oil produced from that area and entered for home consumption during the period starting at the start of that financial year and ending at the end of that month, worked out in accordance with subsection (4).

added duty is the sum of the added duty (if any) for that area for:

(a) that month; and

(b) each month of that year before that month;

worked out for each of those months in accordance with subsections (5A), (5AB) and (5AC).

debited adjustment amount is the debited adjustment amount (if any) for that area and that month, worked out in accordance with subsection (5B).

duty paid is the amount of duty (if any) paid in respect of relevant oil produced from that area and entered for home consumption during the period starting at the start of that financial year and ending at the end of that month.

credited adjustment amount is the credited adjustment amount (if any) for that area and that month, worked out in accordance with subsection (5C).

S 6B(3A) amended by No 164 of 2001, s 3 and Sch 1 item 12 by substituting " old oil for " relevant oil, effective 1 July 2001.

S 6B(4) amended by No 164 of 2001, s 3 and Sch 1 items 13 and 14, by substituting " old oil " for " relevant oil " and substituting paras (a) to (e) for paras (a) to (f), effective 1 July 2001. Paras (a) to (f) formerly read:

(a) the quantity (if any) of the oil that exceeds A × B but does not exceed A × 2 B ;

(b) the quantity (if any) of the oil that exceeds A × 2 B but does not exceed A × 4 B ;

(c) the quantity (if any) of the oil that exceeds A × 4 B but does not exceed A × 6 B ;

(d) the quantity (if any) of the oil that exceeds A × 6 B but does not exceed A × 8 B ;

(e) the quantity (if any) of the oil that exceeds A × 8 B but does not exceed A × 10 B ; and

(f) the quantity (if any) of the oil that exceeds A × 10 B ;

S 6B(5A) repealed by No 164 of 2001, s 3 and Sch 1 item 15, effective 1 July 2001. S 6B(5A) formerly read:

6B(5A) Added duty  

Subject to subsection (9A), if:

(a) the applicable petroleum price for a month of a financial year and a prescribed production area exceeds the threshold price at the start of the month; and

(b) the quantity of relevant oil produced from that prescribed production area and entered for home consumption during the month exceeds the threshold quantity for that month;

there is added duty for that area for the month (whether in that financial year or in the following financial year) that immediately follows that first-mentioned month.

S 6B(5AB) repealed by No 164 of 2001, s 3 and Sch 1 item 15, effective 1 July 2001. S 6B(5AB) formerly read:

6B(5AB) The amount of added duty  

The amount of added duty referred to in subsection (5A) is an amount equal to the added percentage, for the month, of the product of:

(a) that applicable petroleum price; and

(b) the number of kilolitres in the excess referred to in paragraph (5A)(b);

worked out to the nearest cent.

S 6B(5AC) repealed by No 164 of 2001, s 3 and Sch 1 item 15, effective 1 July 2001. S 6B(5AC) formerly read:

6B(5AC) The added percentage  

The added percentage referred to in subsection (5AB) is the lesser of:

(a) 5%; or

(b) the percentage worked out using the formula:

15 × ( Price − Threshold price ) Price

where:

price is the number of dollars in the price that, at the start of the month, is the applicable petroleum price for that month.

threshold price is the number of dollars in the threshold price at the start of the month.

S 6B(5B) amended by No 109 of 2008, s 3 and Sch 1 item 26, by inserting " for stabilised crude petroleum oil " after " a VOLWARE price " in para (a), applicable in relation to condensate produced after midnight (by legal time in the Australian Capital Territory) on 13 May 2008.

S 6B(6) amended by No 164 of 2001, s 3 and Sch 1 item 16 by substituting " old oil " for " relevant oil " (wherever occurring), effective 1 July 2001.

S 6B(7) amended by No 164 of 2001, s 3 and Sch 1 item 17 by substituting paras (a) to (e) for paras (a) to (f). Paras (a) to (f) formerly read:

(a) in the case of a quantity to which paragraph (4)(a) applies - 5%;

(b) in the case of a quantity to which paragraph (4)(b) applies - 15%;

(c) in the case of a quantity to which paragraph (4)(c) applies - 20%;

(d) in the case of a quantity to which paragraph (4)(d) applies - 40%;

(e) in the case of a quantity to which paragraph (4)(e) applies - 70%; and

(f) in the case of a quantity to which paragraph (4)(f) applies - the variable percentage for the period during which the oil is entered for home consumption.

S 6B(8) amended by No 164 of 2001, s 3 and Sch 1 item 18 by substituting " subsections (5) and (6) " for " subsections (5), (5A) and (6) " , effective 1 July 2001.

S 6B(9) amended by No 164 of 2001, s 3 and Sch 1 item 19 by substituting " old oil " for " relevant oil " (wherever occurring), effective 1 July 2001.

S 6B(9A) repealed by No 164 of 2001, s 3 and Sch 1 item 20, effective 1 July 2001. S6B(9A) formerly read:

6B(9A) Added duty - dealing with the first year of production.  

If no relevant oil produced from a prescribed production area was ever entered for home consumption before the start of a month (the relevant month ), then, when working out the added duty (if any) for that area for the month that immediately follows the relevant month, subsection (5A) has effect in relation to the relevant oil produced from that area and entered for home consumption during the latter month as if the reference to the threshold quantity for the relevant month were a reference to the product of that threshold quantity and the factor worked out using the formula:

Days remaining in the relevant month Days in the relevant month

where:

days remaining in the relevant month is the number of days in the period starting on the day on which relevant oil produced from the prescribed production area was first entered for home consumption and ending at the end of the relevant month.

days in the relevant month is the number of days in the relevant month.

S 6B(10) amended by No 75 of 2006, s 3 and Sch 1 item 23, by substituting " subitem 20.7 of " for " subparagraph 17(A)(2)(b) in " , effective 1 July 2006.