2008

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

HOUSE OF REPRESENTATIVES

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 .