Customs and Excise (Motor Spirits) Amendment Act 2005
Customs and Excise (Motor Spirits) Amendment Act 2005
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Customs and Excise (Motor Spirits) Amendment Act 2005
Reprint as at 1 October 2018
Customs and Excise (Motor Spirits) Amendment Act 2005
Public Act |
2005 No 1 |
|
Date of assent |
21 February 2005 |
|
Customs and Excise (Motor Spirits) Amendment Act 2005: repealed, on 1 October 2018, pursuant to section 442 of the Customs and Excise Act 2018 (2018 No 4).
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.
This Act is administered by the New Zealand Customs Service.
Contents
The Parliament of New Zealand enacts as follows:
1 Title
(1)
This Act is the Customs and Excise (Motor Spirits) Amendment Act 2005.
(2)
In this Act, the Customs and Excise Act 1996 is called “the principal Act”
.
2 Commencement
(1)
Part 1 comes into force on 1 January 2006.
(2)
(3)
The date appointed must not be before 1 April 2005.
(4)
The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
Part 1 Amendments enabling indexation of duties on motor spirits by reference to diversion amounts
3 Purpose of this Part
The purpose of this Part is to amend the principal Act to enable indexation of the rates of excise duty and excise-equivalent duty on motor spirits by reference to the amounts required by section 40 of the Land Transport Management Act 2003 to be paid to the national land transport fund.
4 New section 79A inserted
The principal Act is amended by inserting, after section 79, the following section:
79A Indexation of rates of excise duty and excise-equivalent duty on motor spirits by reference to diversion amounts
(1)
The Governor-General may, by Order in Council, amend Schedule 3 to impose on motor spirits (as defined in subsection (4)) such rates of excise duty and excise-equivalent duty as—
(a)
the Governor-General thinks fit; and
(b)
are permitted by subsections (2) and (3).
(2)
Any change in the rates of excise duty and excise-equivalent duty made by Order in Council under subsection (1)—
(a)
must be limited in accordance with subsection (3) having regard to the movements in the Consumers Price Index All Groups excluding credit services; and
(b)
may come into force only on 1 April in any calendar year.
(3)
No new rate of excise duty or excise-equivalent duty imposed on any goods under subsection (1) may exceed a rate calculated in accordance with the following formula:
where—
a
is the Index number of the Consumers Price Index All Groups excluding credit services issued by the Government Statistician for the quarter ending on 31 December in the calendar year before the year in which the order is to come into force
b
is the Index number of the quarterly Consumers Price Index All Groups excluding credit services issued by the Government Statistician for the quarter ending 12 months before, and expressed on the same base quarter as, the relevant quarter specified in item a of this formula
c
is the diversion amount (as defined in subsection (4)) in respect of the rate of duty specified in item d of this formula
d
is the existing rate of duty in respect of the goods to which the order relates.
(4)
In this section,—
diversion amount, in relation to the existing rate of duty in respect of goods, means the amount of duty required by section 40 of the Land Transport Management Act 2003 to be paid to the national land transport fund
motor spirits means goods specified in Excise item numbers 99.75.15C and 99.75.18H and Tariff items 2710.19.11 and 2710.19.29 set out in Schedule 3.
Part 2 Amendments to increase duties on motor spirits
6 Purpose of this Part
The purpose of this Part is to amend the principal Act to increase, by 5 cents per litre (excluding goods and services tax), the rates of excise duty and excise-equivalent duty on motor spirits.
7 Schedule 3 amended
(1)
Schedule Amendments to Schedule 3 of principal Act (excise and excise-equivalent duties)
s 7
A Goods manufactured in New Zealand
| Excise item number | Goods | Unit | Rates of duty |
|---|---|---|---|
| 99.75.15C | - Motor spirit with a Research Octane No. (RON) less than 92 (regular grade) which, if imported, would be classified within Tariff item 2710.19.11, or 2710.19.29 | per l | 41.2 plus 8¢ per g of Pb |
| 99.75.18H | - Motor spirit with a Research Octane No. (RON) 92 or greater (premium grade) which, if imported, would be classified within Tariff item 2710.19.1 1, or 2710.19.29 | per l | 41.2 plus 8¢ per g of Pb |
B Imported goods
| Tariff item number | Goods | Unit | Rates of duty number |
|---|---|---|---|
| 2710.19.11 or 2710.19.29 | - Motor spirit with a Research Octane No. (RON) less than 92 (regular grade) which, if manufactured in New Zealand, would be classified within Excise item 99.75.15C | per l | 41.2¢ plus 8¢ per g of Pb |
| 2710.19.11 or 2710.19.29 | - Motor spirit with a Research Octane No. (RON) 92 or greater (premium grade) which, if manufactured in New Zealand, would be classified within Excise item number 99.75.18H | per l | 41.20 plus 8¢ per g of Pb |
Eprint notes
1 General
This is an eprint of the Customs and Excise (Motor Spirits) Amendment Act 2005 that incorporates all the amendments to that Act as at the date of the last amendment to it.
2 About this eprint
This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.
3 Amendments incorporated in this eprint
Customs and Excise Act 2018 (2018 No 4): section 442
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Customs and Excise (Motor Spirits) Amendment Act 2005
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