Commonwealth Consolidated Acts

EXCISE ACT 1901 - SECT 77FC

  (1)   If:

  (a)   beer classified to subitem   1.2, 1.6 or 1.11 of the Schedule to the Excise Tariff Act 1921 is entered for home consumption; and

  (b)   the beer is repackaged into sealed individual containers:

  (i)   of less than 8 litres; or

  (ii)   of at least 8 litres but not exceeding 48 litres and not designed to connect to a pressurised gas delivery system, pump delivery system or other system prescribed for the purposes of subitem   1.1, 1.5 or 1.10 of that Schedule (if any);

then, for the purposes of this Act, that repackaging is taken to be the manufacture of beer (subject to subsection   (2)).

Note 1:   Subitems   1.2, 1.6 and 1.11 of that Schedule set out the rates of duty for beer packaged in individual containers exceeding 48 litres or individual containers, of at least 8 litres but not exceeding 48 litres, and designed to connect to a pressurised gas delivery system, pump delivery system or other prescribed system (if any).

Note 2:   Subitems   1.1, 1.5 and 1.10 of that Schedule set out the rates of duty for beer packaged in individual containers of less than 8 litres or individual containers, of at least 8 litres but not exceeding 48 litres, and not designed to connect to a pressurised gas delivery system, pump delivery system or other prescribed system (if any).

  (2)   Subsection   (1) does not apply in relation to the repackaging of the first 10,000 litres of beer, at particular premises in a financial year, in relation to which the following conditions are satisfied:

  (a)   the beer is repackaged into exempt beer containers for the purposes of retail sale;

  (b)   the retail sale occurs immediately after the repackaging of the beer.

  (3)   For the purposes of subsection   (2), an exempt beer container is a sealed individual container, of no more than 2 litres, that is not pressurised.