EXCISE ACT 1901

PART VI - PAYMENT OF DUTY, REMOVAL OF EXCISABLE GOODS FROM FACTORIES, AND EXCISE CONTROL  

SECTION 60   PERSONS TO KEEP EXCISABLE GOODS SAFELY ETC  

60(1)  


Where a person (including a licensed manufacturer) who has, or has been entrusted with, the possession, custody or control of excisable goods which are subject to the CEO's control:


(a) fails to keep those goods safely; or


(b) when so requested by a Collector, does not account for those goods to the satisfaction of a Collector;

the person shall, on demand in writing made by a Collector, pay to the Commonwealth an amount equal to the amount of the Excise duty which would have been payable on those goods if they had been entered for home consumption on the day on which the Collector made the demand.

Note:

For provisions about collection and recovery of the amount, see Part 4-15 in Schedule 1 to the Taxation Administration Act 1953 .

60(1A)  
Where:


(a) excisable goods subject to the CEO's control are, by authority of an entry passed under this Act or of a permission given under section 61A , taken from a place for removal to another place;


(b) the goods are not, or part of the goods is not, delivered to that other place; and


(c) when so requested by a Collector, the person who made the entry or to whom the permission was given, as the case may be, does not account for the goods, or for that part of the goods, as the case may be, to the satisfaction of a Collector;

the person shall, on demand in writing made by a Collector, pay to the Commonwealth an amount equal to the amount of the Excise duty which would have been payable on the goods, or on that part of the goods, as the case may be, if they had been entered for home consumption on the day on which the demand was made.

Note:

For provisions about collection and recovery of the amount, see Part 4-15 in Schedule 1 to the Taxation Administration Act 1953 .

60(1B)  
Where:


(a) excisable goods subject to the CEO's control are, by authority of a permission given under section 61A , removed to a place other than a warehouse; and


(b) the person to whom the permission was given fails to keep those goods safely or, when so requested by a Collector, does not account for the goods to the satisfaction of a Collector;

the person shall, on demand in writing made by a Collector, pay to the Commonwealth an amount equal to the amount of the Excise duty which would have been payable on those goods if they had been entered for home consumption on the day on which the demand was made.

Note:

For provisions about collection and recovery of the amount, see Part 4-15 in Schedule 1 to the Taxation Administration Act 1953 .

60(1C)  
If a person (including a licensed manufacturer) has, or has been entrusted with, the possession, custody or control of excisable goods:


(a) on which duty has not been paid; and


(b) that have been delivered for exportation in accordance with a permission under section 61A; and


(c) the person:


(i) fails to keep those goods safely; or

(ii) when requested by a Collector, does not satisfy the Collector that the goods have been exported and does not otherwise account for those goods to the satisfaction of the Collector;

the person must, on demand in writing made by a Collector, pay to the Commonwealth an amount equal to the amount of the excise duty which would have been payable on those goods if they had been entered for home consumption on the day on which the Collector made the demand.

Note:

For provisions about collection and recovery of the amount, see Part 4-15 in Schedule 1 to the Taxation Administration Act 1953 .

60(1D)  
For the purposes of subparagraph (1C)(c)(ii), evidence that the goods were delivered for export does not constitute evidence that goods have been exported.

60(2)  
(Repealed by No 74 of 2006)

60(3)  
(Repealed by No 74 of 2006)

60(4)  
This section does not affect the liability of a person arising under or by virtue of:


(a) any other provision of this Act; or


(b) a security given under this Act.




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