Excise Amendment Regulation 2012 (No. 3)

(190 of 2012)

Dated 2 August 2012

Excise Act 1901

1   Name of regulation

This regulation is theExcise 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 theExcise Regulations 1925.

Schedule 1   Amendments

[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.