Excise Tariff Amendment (Ethanol and Biodiesel) Act 2015

(82 of 2015)

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

[Assented to 26 June 2015]

The Parliament of Australia enacts:

1   Short title

This Act may be cited as the Excise Tariff Amendment (Ethanol and Biodiesel)Act 2015.

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.

Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1   Amendments

Excise Tariff Act 1921

1   Subsection 3(1) (definition of biodiesel)

Repeal the definition, substitute:

biodiesel means mono-alkyl esters of fatty acids of a kind used as a fuel, derived from animal or vegetable fats or oils whether or not used.

2   Subsection 3(1)

Insert:

diesel does not include biodiesel.

3   Subsection 6G(1)

Omit "10.11,".

4   After section 6G

Insert:

6H Rate of duty payable on denatured ethanol

(1) For the purposes of subitem 10.20 of the Schedule, the rate of duty is the following rate rounded to 3 decimal places (rounding up if the next decimal place is 5 or more):

Note: The rate in subitem 10.5 of the Schedule is the rate for gasoline (other than for use as fuel in aircraft).

(2) A rate of duty worked out using a table item in subsection (1) applies to goods manufactured or produced in Australia during a financial year referred to in that item, and goods for which all the following conditions are met:

(a) the goods were manufactured or produced in Australia before a financial year referred to in that item;

(b) at the start of that financial year, the goods were either:

(i) subject to the CEO's control; or

(ii) in the stock, custody or possession of, or belonged to, a manufacturer or producer of the goods;

(c) no duty of excise had been paid on the goods before that financial year.

This subsection has effect despite subsection 5(2).

6J Rate of duty payable on biodiesel

Rate of duty

(1) For the purposes of subitem 10.21 of the Schedule, the rate of duty is the following rate rounded to 3 decimal places (rounding up if the next decimal place is 5 or more):

Note: The rate in subitem 10.10 of the Schedule is the rate for diesel.

(2) A rate of duty worked out using a table item in subsection (1) applies to goods manufactured or produced in Australia during a financial year referred to in that item, and goods for which all the following conditions are met:

(a) the goods were manufactured or produced in Australia before a financial year referred to in that item;

(b) at the start of that financial year, the goods were either:

(i) subject to the CEO's control; or

(ii) in the stock, custody or possession of, or belonged to, a manufacturer or producer of the goods;

(c) no duty of excise had been paid on the goods before that financial year.

This subsection has effect despite subsection 5(2).

5   Schedule (cell at table subitem 10.10, column headed "Description of goods")

Repeal the cell, substitute:

6   Schedule (table subitem 10.11)

Repeal the subitem.

7   Schedule (cell at table subitem 10.12, column headed "Description of goods")

Repeal the cell, substitute:

8   Schedule (cell at table subitem 10.20, column headed "Rate of Duty")

Repeal the cell, substitute:

9   Schedule (table subitem 10.21)

Repeal the subitem, substitute:

10   Application of amendments

(1) The amendments made by items 5 to 9 apply to goods manufactured or produced in Australia on or after 1 July 2015, and goods for which all the following conditions are met:

(a) the goods were manufactured or produced in Australia before that day;

(b) on that day, the goods were either:

(i) subject to the CEO's control; or

(ii) in the stock, custody or possession of, or belonged to, a manufacturer or producer of the goods;

(c) no duty of excise had been paid on the goods before that day.

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