Excise Amendment Regulation 2012 (No. 3)1
Select Legislative Instrument 2012 No. 190
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Excise Act 1901.
Dated 2 August 2012
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
DAVID BRADBURY
Assistant Treasurer
1              Name of regulation
                This regulation is the Excise Amendment Regulation 2012 (No. 3).
2              Commencement
                This regulation commences on the day after it is registered.
3              Amendment of Excise Regulations 1925
                Schedule 1 amends the Excise Regulations 1925.
Schedule 1        Amendments
(section 3)
 
[1]           Subregulation 2 (1)
omit
(1)
[2]           Subregulation 2 (1)
insert
eligible brewery has the meaning given by regulation 3.
[3]           Subregulation 2 (1), definition of microbrewery
omit
[4]           Regulation 2AB
omit
[5]           After regulation 2
insert
3              Eligible breweries
                An eligible brewery is a brewery that:
                (a)    is operated by an entity that is legally and economically independent of any other entity that operates a brewery; and
               (b)    sells beer (whether wholesale or retail), on which excise has been paid, directly from the manufacturing premises of the brewery.
[6]           Paragraph 50 (1) (zzd)
substitute
            (zzd)    excise duty has been paid on beer that is manufactured in an eligible brewery during a financial year starting on or after 1 July 2012, and the amount of refund paid during the financial year to the entity that operates the brewery does not exceed:
                          (i)    if the brewery is an eligible brewery at the start of the financial year—$30 000; or
                         (ii)    if the brewery first becomes an eligible brewery after the start of the financial year—an amount worked out by:
                                   (A)     multiplying $30 000 by the number of days in the period starting when the brewery first becomes an eligible brewery and ending at the end of the financial year; and
                                   (B)     dividing the result by 365.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.