10

Excise duty is payable on an alcoholic beverage that is entered for home consumption during a financial year and is manufactured by an alcohol manufacturer, and:

(a) the duty is payable by the alcohol manufacturer; and

(b) in accordance with subclause (4), the alcohol manufacturer is legally and economically independent of any other alcohol manufacturer that has received a remission, rebate or refund because of this item, or in the circumstances mentioned in subclause (2), in relation to duty paid or payable on an alcoholic beverage entered for home consumption during the financial year; and

(c) the amount of excise duty remitted, rebated or refunded because of this item, or in the circumstances mentioned in subclause (2), to the alcohol manufacturer in relation to duty paid or payable on an alcoholic beverage entered for home consumption during the financial year does not exceed:

(i) if the alcohol manufacturer is an alcohol manufacturer at the start of the financial year - $350,000; or

(ii) if the alcohol manufacturer first becomes an alcohol manufacturer after the start of the financial year - an amount worked out under subclause (3); and

(d) the alcohol manufacturer fermented or distilled at least 70% by volume of the alcohol content of the alcoholic beverage; and

(e) if the alcoholic beverage is obtained from distillation, and the remission, rebate or refund is not of duty paid or payable on any alcoholic beverage entered for home consumption in the first or second financial year in relation to which the CEO could first make a remission, rebate or refund to the alcohol manufacturer because of this item:

(i) in accordance with subclause (4), the alcohol manufacturer has sole ownership of one or more stills that have a capacity of at least 5 litres; and

(ii) at least one of those stills had been installed and was ready to use at the start of the financial year in which the alcoholic beverage was entered for home consumption; and

(iii) at least one of those stills is used by the alcohol manufacturer during the financial year for the purposes of manufacturing any alcoholic beverages.