Chris Bowen (Prospect, Australian Labor Party, Assistant Treasurer) Share this | Hansard source

I present a supplementary explanatory memorandum to the bill. I move the government amendment as circulated:

(1)    Schedule 1, item 27, page 14 (after line 10), after subsection 6CA(13), insert:

   (13A)    Despite section 169 of the Excise Act 1901, a by-law prescribing a condensate production area may have the effect of imposing duty, in relation to condensate entered for home consumption before the date on which the by-law is published in the Gazette, at a rate higher than the rate of duty payable in respect of the condensate on the day on which the condensate was entered for home consumption.

This amendment adds a new provision to the Excise Tariff Amendment (Condensate) Bill 2008. In particular, 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. The amendment removes any doubt as to whether the commissioner can do this. This amendment is consistent with item 27 of the Excise Tariff Amendment (Condensate) Bill 2008. This item allows the Commissioner of Taxation to make 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.

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