Excise and Customs Laws Amendment (2014 Measures No. 1) Regulation 2014
 
Select Legislative Instrument No. 114, 2014
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.
Dated 22 July 2014
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Joe Hockey
Treasurer
for the Minister for Immigration and Border Protection
 
  
  
Contents
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Schedule(s)......................................................................................... 2
Schedule 1—Amendments relating to customs duty                                         3
Customs Regulations 1926                                                                                        3
Schedule 2—Amendments relating to excise duty                                              4
Excise Regulations 1925                                                                                            4
 
1  Name of regulation
                   This regulation is the Excise and Customs Laws Amendment (2014 Measures No. 1) Regulation 2014.
2  Commencement
                   Each provision of this regulation 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

Provision(s)
Commencement

1.  Sections 1 to 4 and anything in this regulation not elsewhere covered by this table
The day after this regulation is registered.

2.  Schedule 1
The later of:
(a) the day after this regulation is registered; and
(b) the day the Customs Tariff Amendment (Carbon Tax Repeal) Act 2014 receives the Royal Assent.
However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

3.  Schedule 2
The later of:
(a) the day after this regulation is registered; and
(b) the day the Excise Tariff Amendment (Carbon Tax Repeal) Act 2014 receives the Royal Assent.
However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

 
3  Authority
                   This regulation is made under the following Acts:
                     (a)  the Customs Act 1901;
                     (b)  the Excise Act 1901.
4  Schedule(s)
                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments relating to customs duty
  
Customs Regulations 1926
1  At the end of subregulation 126(1)
Add:
                  ; (zc)  both of the following apply:
                              (i)  duty has been paid on goods;
                             (ii)  the effect of the amendments made by the Customs Tariff Amendment (Carbon Tax Repeal) Act 2014 is that duty is payable on the goods at a rate that is less than the rate which was applicable when the goods were entered for home consumption.
2  After subregulation 128A(2A)
Insert:
          (2B)  An application for a refund of duty in the circumstance prescribed in paragraph 126(1)(zc) must be made no later than 12 months after the day on which the duty was paid.
3  After subregulation 128B(7)
Insert:
          (7A)  For subsection 163(1A) of the Act, the amount of a refund, rebate or remission of duty that may be made in the circumstance prescribed in paragraph 126(1)(zc) is the amount of duty paid that was not payable.
Schedule 2—Amendments relating to excise duty
  
Excise Regulations 1925
1  At the end of subregulation 50(1)
Add:
                ; (zze)  both of the following apply:
                              (i)  excise duty has been paid on goods;
                             (ii)  the effect of the amendments made by the Excise Tariff Amendment (Carbon Tax Repeal) Act 2014 is that excise duty is payable on the goods at a rate that is less than the rate which was applicable when the goods were entered for home consumption.
2  After regulation 52D
Insert:
52E  Remission, rebate of refund of excise duty—overpayment
                   For subsection 78(2) of the Act, the amount of a remission, rebate or refund of excise duty that may be made in the circumstance prescribed in paragraph 50(1)(zze) is the amount of duty paid that was not payable.
3  At the end of regulation 53
Add:
             (5)  A refund of excise duty must not be allowed in the circumstance specified in paragraph 50(1)(zze) unless an application for the refund in accordance with regulation 52 is given to a Collector within 12 months after the day on which the excise duty was paid.