Remaking of sunsetting instrument without amendments – Department of the Treasury
The Department of the Treasury (Treasury) remade the Excise Regulations 1925 on 26 March 2015. The Commonwealth of Australia Constitution Act (the Constitution) provides that only the Commonwealth can impose duties of excise. The principal legislative framework for the excise system is contained in the:
- Excise Tariff Act
- Excise Act, and
- Excise Regulations 1925 (Excise Regulations).
The Excise Tariff Act imposes excise duties, identifies excisable goods and the applicable duty rates and indexes duty rates. The Excise Act imposes controls on the manufacture, storage and movement of excisable products, and the payment of duty for excisable products. The Excise Regulations set out provisions in relation to excisable goods such as refunds and remissions, and drawbacks. In line with the Australian Government best practice regulation requirements for sunsetting legislative instruments, the Treasury has assessed the operation of the instrument in consultation with affected stakeholders and has certified that the Regulations are operating efficiently and effectively. Therefore the Office of Best Practice Regulation notes that a Regulation Impact Statement is not required for the regulation to be remade. As the Regulations were remade without amendments there are no compliance cost changes.
