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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
What is this law about?
This is a short, sharp piece of legislation with one job: to legally backstop the collection of excise duties (a type of tax applied to goods produced or manufactured within Australia, such as tobacco, alcohol, and fuel) that were collected under certain government proposals before those proposals were formally passed into law.
How does excise duty normally work?
In Australia, the government sometimes needs to change excise tax rates quickly — for example, to stop people from stockpiling goods before a tax increase kicks in. To do this, the Treasurer can announce "Excise Tariff Proposals" — essentially a public statement of intention to change excise rates. Businesses are expected to start paying at the new rate immediately. However, these proposals only become fully legal once Parliament formally passes them into an Act of law. In the meantime, there is a legal grey area: was the money collected lawfully?
What does this Act actually do?
This Act validates (meaning it declares legal and legitimate) all excise duties that were demanded or collected under two specific proposals — Excise Tariff Proposals No. 1 and No. 2, which were announced on 26 September 1951. It covers all collections made up to and including 31 October 1952.
In plain terms: even if there was any technical legal doubt about whether the government had the right to collect that money before the formal law was passed, this Act wipes away that doubt and says,
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Direct links to the current provisions in Excise Tariff Validation Act 1951.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Who does this affect?
Why does this matter?
Without this kind of validation law, taxpayers could potentially sue the government for refunds of duties collected before they were formally legislated. This Act closes off that possibility and gives legal certainty to the revenue collected during that interim period.