Excise Amendment (Alcohol Manufacturers Remissions) Regulations 2021 (F2021L00745)

Schedule 1   Amendments

Excise Regulation 2015

10   At the end of clause 2 of Schedule 1

Add:

(2) For item 10 of the table in subclause (1) of this clause, the circumstances are that:

(a) the refund is of an amount of duty that has been paid by the alcohol manufacturer on an alcoholic beverage; and

(b) the alcohol manufacturer receives the refund because of item 3 of the table in subclause 1(1); and

(c) the circumstance in which the refund is made is that, if the duty had not been paid, the alcohol manufacturer would have been entitled to a remission of that amount of duty because of item 10 of the table in subclause (1) of this clause.

(3) For item 10 of the table in subclause (1), an amount for an alcohol manufacturer is worked out using the formula:

where:

eligible days means the number of days in the period:

(a) starting on the day the alcohol manufacturer first becomes an alcohol manufacturer; and

(b) ending at the end of the relevant financial year.

(4) For item 10 of the table in subclause (1):

(a) the circumstance in each of paragraph (b), and subparagraph (e)(i) (if applicable), of that item must exist for the whole period between the day on which the financial year starts and the day on which the alcoholic beverage was entered for home consumption; and

(b) unless the remission of duty is made at the end of the financial year in which the alcoholic beverage was entered for home consumption - the alcohol manufacturer must have a reasonable expectation that those circumstances will exist for the remainder of the financial year.