Document ID: chunk:federal_register_of_legislation:C2024C00257:section:6ca:p5
Version: federal_register_of_legislation:C2024C00257
Segment Type: section
Provision Reference: s 6CA (pt 5/6)
Character Range: 66314–68862

(5)(c) applies—20%; and
 (d) in the case of a quantity to which paragraph (5)(d) applies—30%.

Rounding the number of kilolitres in a quantity of condensate
 (11) For the purposes of subsections (6) and (9), the number of kilolitres in a quantity of condensate is taken to be a number equal to:
 (a) unless paragraph (b) applies—the number of kilolitres in that quantity calculated to one decimal place; or
 (b) if the number of kilolitres in that quantity calculated to 2 decimal places ends in a number greater than 4—the number of kilolitres in that quantity calculated to one decimal place increased by 0.1.

The amount of notional duty—dealing with the first year of production
 (12) When no condensate produced from a particular prescribed condensate production area was ever entered for home consumption before the end of the first month of a particular financial year, then, in ascertaining, in accordance with subsections (5), (6) and (10) or (5), (9) and (10), the notional duty in respect of condensate produced from the production area and entered for home consumption during a later month (the relevant month) of that financial year, those subsections have effect in relation to the condensate as if each reference in a paragraph of subsection (5) to B were a reference to the product of B and the factor ascertained in accordance with the formula:

where:
M is the number of days in the period commencing on the day on which condensate produced from the prescribed condensate production area was first entered for home consumption and ending on the end of the relevant month.
N is the number of days in the period commencing on the first day of the financial year and ending on the end of the relevant month.
 (13) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to a by‑law prescribing a condensate production area.
 (13A) Despite section 169 of the Excise Act 1901, a by‑law prescribing a condensate production area may have the effect of imposing duty, in relation to condensate entered for home consumption before the date on which the by‑law is published in the Gazette, at a rate higher than the rate of duty payable in respect of the condensate on the day on which the condensate was entered for home consumption.

Interpretation of the Schedule
 (14) The words set out after ", if higher," in the column headed "Rate of Duty" in subitem 21.3 of the Schedule are taken, for the purposes of this Act or any other law of the Commonwealth, to be a rate of duty.