Commonwealth of Australia Explanatory Memoranda

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EXCISE TARIFF AMENDMENT (CONDENSATE) BILL 2008

                                     2008



    THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

                     HOUSE OF REPRESENTATIVES

       EXCISE TARIFF AMENDMENT (CONDENSATE) BILL 2008

        SUPPLEMENTARY EXPLANATORY MEMORANDUM

           Amendment to be moved on behalf of the Government

                     (Circulated by the authority of the
                    Treasurer, the Hon Wayne Swan MP)



Explanation of amendment 1
        1.1      The amendment authorises the Commissioner of Taxation to
        make a by-law prescribing a `condensate production area', with effect
        from a date before the date the by-law is published in the Commonwealth
        Gazette.

        1.2        As a result, it removes any doubt as to whether the Bill overrides
        section 169 of the Excise Act 1901. This is necessary to allow the
        Commissioner of Taxation to make a by-law prescribing a condensate
        production area, with effect from a date before the by-law is published in
        the Commonwealth Gazette, in circumstances where the by-law has the
        effect of imposing a higher rate of excise duty on condensate entered into
        home consumption.

        1.3        The amendment is consistent with item 27 of the Excise Tariff
        Amendment (Condensate) Bill 2008. This allows a by-law prescribing a
        `condensate production area' to take effect from a date before the by-law
        is registered under the Legislative Instruments Act 2003.
3