Customs Tariff Act 1995

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:

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).

The amount worked out under subsection (1) is to be rounded to 5 decimal places (rounding up if the sixth decimal place is 5 or more).

The indexation factor for an indexation day is the number worked out using the formula:

For AWOTE amount, reference quarter and base quarter see subsection (12).

The indexation factor is to be worked out to 3 decimal places (rounding up if the fourth decimal place is 5 or more).

Despite subsection (3), treat the indexation factor for 1 September 2023, 1 September 2024 and 1 September 2025 as 1 if, on that day, it would otherwise be less than 1.

The additional factor for an indexation day is:

1.05, if the indexation day is 1 September 2023, 1 September 2024 or 1 September 2025; or

1, for each other indexation day.

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.

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.

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.

If a tobacco duty rate is replaced under this section on a particular day, the replacement rate applies in relation to:

goods imported into Australia on or after that day; and

goods imported into Australia before that day, where the time for working out the rate of import duty on the goods had not occurred before that day.

The Comptroller‑General of Customs must, on or as soon as practicable after the day a tobacco duty rate is replaced under this section, publish a notice in the Gazette advertising the replacement rate and the goods it applies to.

In this section:

before the most recent reference quarter before the indexation day; and

after the December quarter of 2012.