Document ID: chunk:federal_register_of_legislation:C2015A00137:clause:12_35
Version: federal_register_of_legislation:C2015A00137
Segment Type: clause
Provision Reference: sch 12 cl 35
Character Range: 176059–178056

35  Transitional provision—indexation
(1) If:
 (a) on the CPI indexation day, an alcohol duty rate, or a fuel duty rate, set out in the rate column of a subheading in Schedule 3 to the Customs Tariff Act 1995 was increased by an amount in accordance with section 19 of that Act; and
 (b) this Schedule commences after the CPI indexation day;
then, on the day this Schedule commences, the rate of duty set out in the rate column of an item in the table in Schedule 12 to that Act that relates to that subheading is increased by the same amount.
(2) If:
 (a) on the tobacco indexation day, a tobacco duty rate set out in the rate column of a subheading in Schedule 3 to the Customs Tariff Act 1995 was increased by an amount in accordance with section 19AB of that Act; and
 (b) this Schedule commences after the tobacco indexation day;
then, on the day this Schedule commences, the rate of duty set out in the rate column of an item in the table in Schedule 12 to that Act that relates to that subheading is increased by the same amount.
(3) In this item:
alcohol duty rate has the meaning given by section 19AA of the Customs Tariff Act 1995.
CPI indexation day means:
 (a) 1 February 2016; or
 (b) if, in relation to the indexation day that is 1 February 2016, subsection 19(5) of the Customs Tariff Act 1995 had the effect of replacing a rate of duty under that Act on a day later than 1 February 2016—that later day.
fuel duty rate has the meaning given by section 19AAC of the Customs Tariff Act 1995.
tobacco duty rate has the meaning given by section 19AC of the Customs Tariff Act 1995.
tobacco indexation day means:
 (a) 1 March 2016; or
 (b) if, in relation to the indexation day that is 1 March 2016, subsection 19AB(7) of the Customs Tariff Act 1995 had the effect of replacing a rate of duty under that Act on a day later than 1 March 2016—that later day.

[Minister's second reading speech made in—
House of Representatives on 16 September 2015
Senate on 9 November 2015]

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