Mathias Cormann (WA, Liberal Party, Shadow Parliamentary Secretary for Health Administration) Share this | Hansard source

by leave—I move opposition requests for amendments (1) to (18) on sheet 5741 in respect of the Customs Tariff Amendment (2009 Measures No. 1) Bill 2009 and opposition requests for amendments (1) and (2) on sheet 5742 in respect of the Excise Tariff Amendment (2009 Measure No. 1) Bill 2009 together:

That the House of Representatives be requested to make the following amendments:

(1)    Clause 2, page 2 (after table item 2), insert:

2A. Schedule 1A

The latest of: (a) the day after this Act receives the Royal Assent; and (b) the day after the Excise Tariff Amendment (2009 Measures No. 1) Act 2009 receives the Royal Assent. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

(2)    Page 8 (after line 20), after Schedule 1, insert:

Schedule 1AReady-to-drink beverages

Customs Tariff Act 1995

1  Schedule 3 (subheading 2203.00.31, the rates of duty in column 3)

Repeal the rates of duty, substitute:

$40.82/L of alcohol

NZ/PG/FI/DC/LDC/SG:

$40.82/L of alcohol

2  Schedule 3 (subheading 2204.10.23, the rates of duty in column 3)

Repeal the rates of duty, substitute:

5%, and $40.82/L of alcohol

NZ/PG/FI/DC/LDC/SG:

$40.82/L of alcohol

DCS:4%, and $40.82/L of alcohol

DCT:5%, and $40.82/L of alcohol

3  Schedule 3 (subheading 2204.10.83, the rates of duty in column 3)

Repeal the rates of duty, substitute:

5%, and $40.82/L of alcohol

NZ/PG/FI/DC/LDC/SG:

$40.82/L of alcohol

4  Schedule 3 (subheading 2204.21.30, the rates of duty in column 3)

Repeal the rates of duty, substitute:

5%, and $40.82/L of alcohol

NZ/PG/FI/DC/LDC/SG:

$40.82/L of alcohol

5  Schedule 3 (subheading 2204.29.30, the rates of duty in column 3)

Repeal the rates of duty, substitute:

5%, and $40.82/L of alcohol

NZ/PG/FI/DC/LDC/SG:

$40.82/L of alcohol

6  Schedule 3 (subheading 2205.10.30, the rates of duty in column 3)

Repeal the rates of duty, substitute:

5%, and $40.82/L of alcohol

NZ/PG/FI/DC/LDC/SG:

$40.82/L of alcohol

7  Schedule 3 (subheading 2205.90.30, the rates of duty in column 3)

Repeal the rates of duty, substitute:

5%, and $40.82/L of alcohol

NZ/PG/FI/DC/LDC/SG:

$40.82/L of alcohol

8  Schedule 3 (subheading 2206.00.52, the rates of duty in column 3)

Repeal the rates of duty, substitute:

5%, and $40.82/L of alcohol

NZ/PG/FI/DC/LDC/SG:

$40.82/L of alcohol

DCS:4%, and $40.82/L of alcohol

DCT:5%, and $40.82/L of alcohol

9  Schedule 3 (subheading 2206.00.62, the rates of duty in column 3)

Repeal the rates of duty, substitute:

5%, and $40.82/L of alcohol

NZ/PG/FI/DC/LDC/SG:

$40.82/L of alcohol

DCS:3%, and $40.82/L of alcohol

10  Schedule 3 (subheading 2206.00.92, the rates of duty in column 3)

Repeal the rates of duty, substitute:

$40.82/L of alcohol

NZ/PG/FI/DC/LDC/SG:

$40.82/L of alcohol

11  Schedule 3 (subheading 2208.90.20, the rates of duty in column 3)

Repeal the rates of duty, substitute:

5%, and $40.82/L of alcohol

NZ/PG/FI/DC/LDC/SG:

$40.82/L of alcohol

DCS:3%, and $40.82/L of alcohol

12  Schedule 5 (cell at table item 1, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

13  Schedule 5 (cell at table item 9, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

14  Schedule 5 (cell at table item 11, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

15  Schedule 5 (cell at table item 13, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

16  Schedule 5 (cell at table item 15, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

17  Schedule 5 (cell at table item 17, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

18  Schedule 5 (cell at table item 19, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

19  Schedule 5 (cell at table item 21, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

20  Schedule 5 (cell at table item 23, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

21  Schedule 5 (cell at table item 31, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

22  Schedule 5 (cell at table item 42, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

23  Schedule 6 (cell at table item 4, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

24  Schedule 6 (cell at table item 12, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

25  Schedule 6 (cell at table item 14, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

26  Schedule 6 (cell at table item 16, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

27  Schedule 6 (cell at table item 18, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

28  Schedule 6 (cell at table item 20, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

29  Schedule 6 (cell at table item 22, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

30  Schedule 6 (cell at table item 24, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

31  Schedule 6 (cell at table item 26, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

32  Schedule 6 (cell at table item 34, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

33  Schedule 6 (cell at table item 45, column 3)

Repeal the cell, substitute:

$40.82/L of alcohol

34  Application

The amendments made by this Schedule apply in relation to:

             (a)    goods imported into Australia on or after the commencement of this Schedule; or

             (b)    goods imported into Australia before the commencement of this Schedule, where the time for working out the rate of import duty on the goods had not occurred before that commencement.

(3)    Schedule 2, item 7, page 10 (subheading 2203.00.91, the rates of duty in column 3), omit “$69.16” (twice occurring), substitute “$40.82”.

(4)    Schedule 2, item 11, page 11 (table item 8A, the rate of duty in column 3), omit “$69.16”, substitute “$40.82”.

(5)    Schedule 2, item 13, page 11 (table item 11A, the rate of duty in column 3), omit “$69.16”, substitute “$40.82”.

(6)    Schedule 2, item 15, page 11 (table item 10A, the rate of duty in column 3), omit “$69.16”, substitute “$40.82”.

(7)    Schedule 3, item 3, page 14 (subheading 2206.00.13, the rates of duty in column 3), omit “$69.16” (twice occurring), substitute “$40.82”.

(8)    Schedule 3, item 3, page 15 (subheading 2206.00.21, the rates of duty in column 3), omit “$69.16” (four times occurring), substitute “$40.82”.

(9)    Schedule 3, item 3, pages 15 and 16 (subheading 2206.00.23, the rates of duty in column 3), omit “$69.16” (three times occurring), substitute “$40.82”.

(10)  Schedule 3, item 4, page 16 (table item 20A, the rate of duty in column 3), omit “$69.16”, substitute “$40.82”.

(11)  Schedule 3, item 4, page 16 (table item 20C, the rate of duty in column 3), omit “$69.16”, substitute “$40.82”.

(12)  Schedule 3, item 4, page 16 (table item 20E, the rate of duty in column 3), omit “$69.16”, substitute “$40.82”.

(13)  Schedule 3, item 5, page 16 (table item 23A, the rate of duty in column 3), omit “$69.16”, substitute “$40.82”.

(14)  Schedule 3, item 5, page 16 (table item 23C, the rate of duty in column 3), omit “$69.16”, substitute “$40.82”.

(15)  Schedule 3, item 5, page 16 (table item 23E, the rate of duty in column 3), omit “$69.16”, substitute “$40.82”.

(16)  Schedule 3, item 6, page 16 (table item 22A, the rate of duty in column 3), omit “$69.16”, substitute “$40.82”.

(17)  Schedule 3, item 6, page 17 (table item 22C, the rate of duty in column 3), omit “$69.16”, substitute “$40.82”.

(18)  Schedule 3, item 6, page 17 (table item 22E, the rate of duty in column 3), omit “$69.16”, substitute “$40.82”.

(1)    Clause 2, page 2 (after table item 2), insert:

2A. Schedule 1A

At the same time as Schedule 1A to the Customs Tariff Amendment (2009 Measures No. 1) Act 2009 commences.

(2)    Page 3 (after line 9), after Schedule 1, insert:

Schedule 1AReady-to-drink beverages

Excise Tariff Act 1921

1  Schedule (cell at table item 2, column headed “Rate of Duty”)

Repeal the cell, substitute:

$40.82 per litre of alcohol

Statement pursuant to the order of the Senate of 26 June 2000—

These amendments are framed as requests because they are to a bill which imposes taxation within the meaning of section 53 of the Constitution. The Senate may not amend a bill imposing taxation

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000—

As this is a bill imposing taxation within the meaning of section 53 of the Constitution, any Senate amendment to the bill must be moved as a request. This is in accordance with the precedents of the Senate.

These bills have been roundly discredited in the contributions by coalition senators over the last couple of hours. Not even Labor senators in the Senate Standing Committee on Community Affairs were prepared to put their names to the proposition that the government’s increased tax on alcopops had in fact reduced at-risk levels of alcohol consumption by young people across Australia. I quote very quickly the concluding remarks from Labor senators on the committee, who said ‘it was not possible to definitively conclude that this reduction in consumption had resulted in a reduction in levels of risky and high-risk consumption of RTDs by young women, leading to improved health outcomes.’

I guess that says it all. If government senators on the committee make a damning statement like this, what hope has the government got to convince the broader Australian community that this is a tax measure that is actually working to achieve health outcomes? The reality is that this was a tax measure. It was a revenue measure which the government, for political purposes, sought to dress up as a health measure. The government never put in place any performance measures or targets that would enable the Senate or the Australian people to assess whether the measure had been successful in achieving the results it set out to achieve.

It went downhill from there. For the last 11 months we have had the government tell us that the evidence is there, but if you ask the experts it is very clear: not one single piece of evidence has been provided by the government that this measure has resulted in a reduction of levels of at-risk alcohol consumption or in a reduction of alcohol abuse related harm in the community over the last 11 months. Here we are: we have given the government every single opportunity—through estimates, through two Senate inquiries, through debate in the chamber—and today we still do not have any evidence presented by the government; all we have seen is the government scrambling to close loopholes. We have seen a collapse in the estimated revenue from $3.1 billion to $1.6 billion. The government, in its great ability to spin even when things clearly are not working according to plan, said that this was what the government wanted all along.

In any event, I have today moved a series of requests for amendments which essentially will implement the recommendations of coalition senators on the community affairs committee. The effect of the amendments will be to validate the tax collected by the government between 27 April 2008 and the date of royal assent. There are a number of other provisions in the requests that have been circulated.