Document ID: chunk:federal_register_of_legislation:C2014A00008:clause:1_19ab:p1
Version: federal_register_of_legislation:C2014A00008
Segment Type: clause
Provision Reference: sch 1 cl 19AB (pt 1/2)
Character Range: 14462–17101

19AB  Indexation of tobacco duty rates
 (1) If the indexation factor for an indexation day is at least 1, each tobacco duty rate is, on that day, replaced by the rate of duty worked out using the formula:
Note: For tobacco duty rate see section 19AC. For indexation factor see subsections (3) and (5), for additional factor see subsection (6) and for indexation day see subsection (12).
 (2) The amount worked out under subsection (1) is to be rounded to the same number of decimal places as the tobacco duty rate was on the day before the indexation day (rounding up if the next decimal place is 5 or more).

Indexation factor
 (3) The indexation factor for an indexation day is the number worked out using the formula:
Note: For AWOTE amount, reference quarter and base quarter see subsection (12).
 (4) The indexation factor is to be worked out to 3 decimal places (rounding up if the fourth decimal place is 5 or more).
 (5) Despite subsection (3), treat the indexation factor for 1 September 2014, 1 September 2015 or 1 September 2016 as 1 if, on that day, it would otherwise be less than 1.

Additional factor
 (6) The additional factor for an indexation day is:
 (a) 1.125, if the indexation day is 1 September 2014, 1 September 2015 or 1 September 2016; or
 (b) 1, for each other indexation day.

Effect of delay in publication of AWOTE amount
 (7) If the AWOTE amount for the most recent reference quarter before the indexation day is published by the Australian Statistician on a day (the publication day) that is not at least 5 days before the indexation day, then, despite subsection (1), any replacement of a tobacco duty rate under subsection (1) happens on the fifth day after the publication day.

Effect of Customs Tariff alteration
 (8) If a Customs Tariff alteration proposed in the Parliament proposes to substitute, on and after a particular day, a rate for a tobacco duty rate, treat that substitution as having had effect on and after that day for the purposes of this section.

Publication of substituted AWOTE amounts
 (9) If the Australian Statistician publishes an estimate of full‑time adult average weekly ordinary time earnings for persons in Australia for a period for which such an estimate was previously published by the Australian Statistician, the publication of the later estimate is to be disregarded for the purposes of this section.

Application of replacement rate
 (10) If a tobacco duty rate is replaced under this section on a particular day, the replacement rate applies in relation to:
 (a) goods imported into Australia on or after that day; and
 (b) goods imported into Australia before that