Commonwealth Numbered Regulations

EXCISE AND CUSTOMS LAWS AMENDMENT (2014 MEASURES NO. 1) REGULATION 2014 (SLI NO 114 OF 2014) - SCHEDULE 2

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.