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Excise Tariff Amendment (Condensate) Bill 2008

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The Parliament of the

Commonwealth of Australia






Excise Tariff Amendment (Condensate) Bill 2008



(1)     Clause 2, page 1 (lines 16 to 18), omit the clause, substitute:

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.


Commencement information

Column 1

Column 2

Column 3




1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.


2.  Schedule 1

The later of:

(a) the start of the day on which this Act receives the Royal Assent; and

(b) the start of the day on which the Excise Legislation Amendment (Condensate) Act 2008 receives the Royal Assent.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.


Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

[determination of prices]

(2)     Schedule 1, item 13, page 5 (lines 23 to 25), to be opposed .

[definition of relevant accumulation]

(3)     Schedule 1, item 32, page 18 (lines 7 and 8), omit “the definition of first day were 14 May 2008”, substitute “the references to “the first day” in paragraph (a) and subparagraph (b)(iii) of the definition of transition period , and in subparagraph 15(4)(a)(ii) and paragraph 15(4)(b) of the Excise Act 1901 , were references to “the day on which Schedule 1 to the Excise Tariff Amendment (Condensate) Act 2008 commences””.

[definition of grace period]

Parliamentary Counsel

Excise Tariff Amendment (Condensate) Bill 2008


Statement of reasons: why certain amendments should be moved as requests

Section 53 of the Constitution is as follows:

Powers of the Houses in respect of legislation

53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

Amendments (1) to (3)

The Excise Tariff Amendment (Condensate) Bill 2008 is a “proposed law imposing taxation”.



Excise Tariff Amendment (Condensate) Bill 2008




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. The bill imposes the charge on condensate not previously subject to the charge.  It is therefore a bill imposing taxation within the meaning of section 53 of the Constitution.  The Senate may not amend a bill imposing taxation, and therefore any amendment to the bill must be moved as a request.