5Simplified outline of this instrument

5 Simplified outline of this instrument

This instrument complements the Excise Act 1901 (the Act) by prescribing matters relating to excise.

Section 78 of the Act sets up a framework for the remission, rebate and refund of excise duty. Part 2 of this instrument provides details of that framework, including the circumstances in which a remission, rebate or refund of excise duty may be made, and the amount of the remission, rebate or refund.

Section 79 of the Act deals with drawback of excise duty. Part 3 of this instrument provides when drawback is, and is not, payable. The Part also prescribes the conditions to which the payment of drawback is subject.

Part 4 of this instrument prescribes matters relating to particular goods, including tobacco leaf, LPG, compressed natural gas, stabilised crude petroleum oil and condensate. These matters relate to delivery, the amount of a penalty under the Act, notices, and the conversion of measurements.

Sections 61D and 61E of the Act set up a framework for permitting excisable goods sold in an outwards duty free shop, or an inwards duty free shop, to be delivered to, and exported by, relevant travellers. Part 5 of this instrument provides details of that framework, including the circumstances in which permission may be given or revoked, and conditions to which a permission is subject.

Part 6 of this instrument prescribes which ship’s stores are liable to excise duty, and the manner in which samples of material and goods are to be taken. This Part also deals with what happens with a security if the CEO obtains judgment against a person in legal proceedings about the security.

This instrument replaces the Excise Regulations 1925. Part 7 provides transitional arrangements for the replacement of those regulations by this instrument.