Excise Act 1901 (Cth)

Excise Act 1901

No. 9, 1901

Compilation No. 66

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Excise Act 1901 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part I—Introductory 1 Short title 2 Commencement 4 Definitions 4AAA Act not to apply so as to exceed Commonwealth power 4A Certain installations to be part of Australia 5 Penalty at foot of sections 6 Application of Act 6A How this Act applies to partnerships 6B Application of the Criminal Code Part II—Administration 7 General administration of Act 8 Delegation by Minister 15 Time for compliance with this Act 16 Right to require security 17 Form of security 18 General security may be given 19 Cancellation of bonds 20 New sureties 21 Form of security 22 Effect of security 24 Excisable goods and goods liable to duties of Customs may be used in manufacturing excisable goods Part III—Manufacturers, producers and dealers Division 1—Manufacturers 25 Only licensed manufacturers to manufacture excisable goods 26 Licensed manufacturers to manufacture in accordance with Act and licence 27 Licensed manufacturers to manufacture only at licensed premises Division 2—Producers 28 Only licensed producers to produce tobacco leaf etc. 29 Licensed producers to produce in accordance with Act and licence 30 Licensed producers to store tobacco leaf etc. at licensed premises 31 Licensed producers to produce tobacco leaf etc. at licensed premises Division 3—Dealers 33 Only licensed dealers to deal in tobacco leaf etc. 34 Licensed dealers to deal in accordance with Act and licence 35 Licensed dealers to store tobacco leaf etc. at licensed premises 36 Licensed dealers to deal in tobacco leaf etc. at licensed premises Part IV—Manufacturer, storage, producer and dealer licences Division 1AA—Kinds of licences 38 Kinds of licences 38A Premises that licences may cover Division 1—Applications for licences 39 Applications for licences Division 2—The granting of licences 39A It is in the Collector's discretion whether to grant licence 39B Determining whether a natural person is fit and proper 39C Determining whether a company is fit and proper Division 3—Conditions and duration of licences 39D Conditions of licence 39DA Changing licence conditions on own initiative 39E Duration of licences 39F Renewal of certain licences Division 3A—Variation of licences to include additional premises 39FA Application for variation 39FB Variation of licence Division 4—Suspension and cancellation of licences 39G When the Collector may suspend a licence 39H Determining whether a natural person is fit and proper 39I Determining whether a company is fit and proper 39J Method of suspension 39K Activities that are prohibited during suspension 39L Cancellation of licences 39LA Variation of certain licences to remove premises Division 5—Dealing with goods after cancellation etc. 39M Removal of goods if licence ceases to be in force or is varied 39N Removal of goods by Collector if licence ceases to be in force or is varied Division 6—Miscellaneous 39O Death of licence holder 39P Service of notices 39Q Review of decisions 39R Spent convictions scheme 40 Excise and Excise‑Equivalent Warehouse Licences Register Part IVA—Control of tobacco seed, plant and leaf 44 Permission to move tobacco seed, tobacco plant and tobacco leaf Part V—Excise supervision, manufacturers' books, and regulation of factories generally 46 Supervision by officers 49 Facilities to officers 50 Record keeping 51 Collector may give directions 52 Weights and scales 53 Responsibility of manufacturers Part VI—Payment of duty, removal of excisable goods from factories, and excise control 54 Liability to pay duty 54A Liability of Commonwealth authorities to pay Excise duty 55 Transfer of partly made goods 58 Entry for home consumption etc. 59 Payment of duty 59A Declared period quotas—effect on rates of Excise duty 59AA Payment of duty by relevant travellers 59B Revocation and variation of quota orders 59C Service of quota orders etc. 60 Persons to keep excisable goods safely etc. 61 Control of excisable goods 61AA Delivery for exportation 61A Permission to remove goods that are subject to CEO's control 61B Removal of goods to a warehouse by a Collector 61C Permission to deliver certain goods for home consumption without entry 61D Outwards duty free shops 61E Inwards duty free shops 62 Deficiency in duty 63 Power to prescribe scales for calculating quantities of excisable goods produced 64 Delivery of samples free of duty 65 Rules for working out the volume or weight etc. of excisable goods Part VII—Special provisions relating to tobacco 66 Payment of duty relating to tobacco goods 67 General interest charge on unpaid duty 68 Tobacco not manufactured in certain circumstances 75 Destruction of waste tobacco 76 Limitation of amount of moisture in tobacco 77 How moisture determined 77AA Tobacco leaf stock may be checked Part VIIA—Special provisions relating to alcoholic beverages 77A Definitions 77D Spoilt beer 77E Removal of beer if licence ceases to be in force or is varied to no longer cover a particular brewery 77F Disposal of beer by Collector if licence ceases to be in force or is varied 77FA Excise duty to be paid according to labelled alcoholic strength of certain beverages 77FC Repackaged beer Part VIIAA—Special provisions relating to spirits 77FD Spirit for fortifying Australian wine or Australian grape must 77FE Spirit for an industrial, manufacturing, scientific, medical, veterinary or educational purpose—class determinations 77FF Spirit for an industrial, manufacturing, scientific, medical, veterinary or educational purpose—specific approvals 77FG Denatured spirits 77FH When an amount is payable on spirit covered by section 77FD, 77FE or 77FF 77FI Delivery from CEO's control of brandy, whisky or rum 77FJ Person must not abstract denaturing substances in spirit classified to subitem 3.8 77FK Offence in relation to stills 77FL Offence in relation to describing spirits as "old" or "very old" 77FM Spirit blending is to be treated as manufacture Part VIIB—Special provisions relating to fuel 77G Fuel blending is to be treated as manufacture 77H Blending exemptions 77HA Compressed natural gas that is exempt from excise duty 77HB Liquefied petroleum gas and liquefied natural gas that is exempt from excise duty 77J Goods that are not covered by subitem 10.25, 10.26, 10.27, 10.28 or 10.30 77K Crude oil and condensate may attract more than one excise duty 77L Notice requirements for sales or supplies of LPG to which an LPG remission applies 77M Penalty for using LPG for excisable LPG use Part VIII—Remissions, refunds, rebates and drawbacks 78 Remissions, rebates and refunds 79 Drawbacks 80 Recovery of overpayments of refunds, rebates and drawbacks 81 Certain interest not payable Part IX—Officers Division 1—Powers of officers Subdivision A—Preliminary 82 Law relating to legal professional privilege not affected Subdivision B—General regulatory powers 86 Officers to have access to factories and approved places 87 Power to stop conveyances about to leave an excise place 87AA Searches of conveyances without warrant 87A Powers of officers in relation to resources installations 87B Powers of officers in relation to sea installations 91 Examine all goods 92 Seals etc. not to be broken Subdivision D—Powers of arrest 100 Power of arrest 102 Arrested persons to go before Justices 103 Power of Justices with offenders 104 Power to detain and search suspected persons Subdivision E—Miscellaneous 106 Samples 107 Power to purchase samples Division 1A—Search and seizure Subdivision A—Preliminary 107AA Definitions 107AAA Extension of Division to civil penalty for possession of tobacco without relevant documentation etc. 107AB Law relating to legal professional privilege not affected Subdivision B—Search warrants in respect of things believed to be evidential material 107BA When search warrants can be issued 107BB The things that are authorised by a search warrant 107BC Use of equipment to examine or process things 107BD Use of electronic equipment on or in premises 107BE Compensation for damage to equipment or data 107BF Copies of seized things to be provided Subdivision C—Seizure of goods believed to be forfeited goods 107CA When seizure warrants can be issued 107CB The things that are authorised by seizure warrants Subdivision D—Provisions applicable both to search and seizure warrants 107DA Conduct of ordinary searches and frisk searches 107DB Announcement before entry 107DC Details of warrant to be given to occupier 107DD Occupier entitled to be present during search or seizure 107DE Availability of assistance and use of force in executing a warrant 107DF Specific powers available to executing officers 107DG Warrants by telephone or other electronic means 107DH Receipts for things seized under warrant 107DI Offence for making false statements in warrants 107DJ Offences relating to telephone warrants Subdivision E—Dealing with things seized as evidential material under a search warrant or section 9 of the Crimes Act 1914 107EA Retention of things seized under a search warrant etc. 107EB Magistrate may permit a thing seized under a search warrant etc. to be retained Subdivision F—Dealing with forfeited goods seized under a seizure warrant or section 9 of the Crimes Act 1914 107FA Seized goods to be secured 107FB Requirement to serve seizure notices 107FC Matters to be dealt with in seizure notices 107FD Claim for return of goods seized 107FE Treatment of goods seized if no claim for return is made 107FF Treatment of goods seized if a claim for return is made 107FG Magistrate may permit goods seized under a seizure warrant or section 9 of the Crimes Act 1914 to be retained 107FH Right of compensation in certain circumstances for goods disposed of or destroyed 107FI Effect of forfeiture 107FJ Immediate disposal of certain goods 107FK Release of goods on security 107FL Service by post 107FM Disposal of forfeited goods 107FN Destruction or concealment of evidential material or forfeited goods Subdivision G—Miscellaneous 107GA Nature of functions of magistrate under sections 107EB and 107FG 107GB Retaining evidential material of goods immediately disposed of 107GC Appointment of analyst 107GD Evidentiary certificates in relation to goods immediately disposed of Division 2—Protection to officers 108 Reasonable cause for seizure a bar to action 109 Notice of action to be given 110 Defect in notice not to invalidate 111 No evidence to be produced but that contained in notice 112 Officer may tender amends 113 Commencement of proceedings against officers 114 Time for commencing action 115 Security may be required Part X—Penal provisions 116 Forfeiture 117 Unlawful possession of excisable goods 117A Unlawfully moving excisable goods 117B Unlawfully selling excisable goods 117BA Unlawfully selling LPG that is used for an excisable LPG use 117D Unlawfully moving tobacco leaf 117I Counterfeit tobacco labels 118 Illegal prevention of seizures 120 Offences 124 Collusive seizures penalty 127A Alternative penalties 128 Penalties in addition to forfeitures Part XA—Penalty instead of prosecution 129A Purpose and effect of this Part 129B When an infringement notice may be issued 129C Matters to be included in an infringement notice 129D Due date for penalty 129E Effect of payment of penalty 129F Withdrawal of infringement notice Part XI—Excise prosecutions 133 Meaning of Excise prosecution 134 Institution of prosecutions 136 Prosecution in accordance with practice rules 137 State Court practice 138 Commencement of prosecutions 139 Information etc. to be valid etc. if in words of Act 140 No objections for informality 141 Conviction not to be quashed 142 Protection to witnesses 143 Defendant a competent witness 144 Averment of prosecution sufficient 145 Proof of proclamations etc. 145A Conduct by directors, employees or agents 146 Minimum penalties 148 Collector may levy on goods in his or her possession 150 Imprisonment not to release penalty 151 Conviction to operate as a condemnation 152 Parties may recover costs 153 Application of penalties Part XII—Disputes as to duty 154 Deposit of duty 155 Limited dispute rights because of objection against private ruling Part XIV—Miscellaneous 159A Jurisdiction of courts 160 Alteration of agreements where duty altered 160A Ship's stores and aircraft's stores 160B Notification of proposals when House of Representatives not sitting 162 Rebate 162B Sale by Collector 162C Review of decisions Part XV—Regulations and by‑laws 163A Interpretation 164 Regulations 164A Effect of regulations relating to condensate 165 CEO may make by‑laws 165A By‑laws prescribing onshore fields or exempt offshore fields may be revoked within 3 years 166 By‑laws specifying goods 167 By‑laws for purposes of repealed items 168 Publication of by‑laws 169 Retrospective by‑laws not to increase duty 170 By‑laws for purposes of proposals Schedules Schedule I—Australia Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history