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Administrative Penalties in Customs and Excise

NCJ Number
139905
Date Published
1992
Length
65 pages
Annotation
This report analyzes and recommends changes in the Australian law relating to administrative penalties for inaccurately reported values of imported goods and locally produced goods subject to excise taxes.
Abstract
Duty paid on imports helps protect designated local industries and provides a significant source of revenue for Australia. The current law is too broad in that it does not distinguish inadvertent errors from intentional misrepresentations designed to avoid full payment of duty. The law should be changed to produce a system that is both fairer and more efficient than the current system and that specifies the circumstances in which a penalty is not payable. Excise taxes are intended only to raise revenue and therefore should not use a penalty system identical to that for imports. Instead, the system should take into account the particular needs of the industries involved, the size and accountability of producers, and related factors. The most appropriate penalty system would be one attached to the licensing system. However, it should not apply to diesel fuel rebates. Appended text and explanation of draft legislation to amend the draft Customs and Excise Bill 1992

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