Excise Order, 2006 · As enacted · Part III · Levying of Excise Duties
21. Calculation of excise duty
Official textFrom Attorney General's Chambers, unchanged
The rate of excise duty applicable to any goods shall be-
goods
"goods" includes animals, birds, fish, plants and all kinds of movable property;
in the case of goods manufactured in Brunei Darussalam, the rate of excise duty or valuation, if any, in force on the day on which such goods are removed from the place of manufacture, or from the excise warehouse or licensed warehouse in which they are stored or from any other place under excise control;
in the case of goods lawfully imported-
(i}
if such goods, other than petroleum in a licensed warehouse, are warehoused, the rate in force on the day on which the removal of the goods is authorised by the proper officer of excise;
if such goods consist of petroleum which is in a licensed warehouse, the rate in force on the day on which such petroleum is removed from such warehouse;
if such goods are imported by post, the rate in force on the day on which duty is assessed by the proper officer of excise; and
in any other case, the rate in force on the day on which such goods are released by the proper officer of excise;
in the case of unexcisable goods, the rate in force on the day on which such goods became unexcisable goods, if known, or the rate in force on the day of seizure, whichever is the higher.
(2}
For the purpose of calculating the excise duty payable, the valuation applicable to any goods shall be made in the prescribed manner.
Terms defined in s 2
excise warehouse
Defined · s 2"excise warehouse" means a customs warehouse or other place established by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, under section 59 of the Customs Order, 2006 for the deposit of dutiable goods;
goods
Defined · s 2"goods" includes animals, birds, fish, plants and all kinds of movable property;
licensed warehouse
Defined · s 2"licensed warehouse" means a warehouse or other place licensed for the warehousing of dutiable goods under section 59;
petroleum
Defined · s 2"petroleum" means any mineral oil or relative hydrocarbon in its solid, liquid or gaseous form existing in its natural condition and includes casing head petroleum spirit, bituminous shales, other stratified deposits from which oil can be extracted commercially and petroleum products obtained from the process of manufacture;
proper officer of excise
Defined · s 2"proper officer of excise" means any officer of excise acting in the fulfilment of his duties under this Order, whether such duties are assigned to him specially or generally, or expressly or by implication;
unexcisable goods
Defined · s 2"unexcisable goods" means goods in respect of which a breach of this Order has been committed;
warehouse
Defined · s 2"warehouse" means a place for the deposit of goods under excise controL (2) For the purposes of this Order, goods shall be deemed to be under excise control whilst they are deposited or held in any free trade zone, or in any place of manufacture, or in any Ports Department warehouse, excise warehouse or licensed warehouse, post office, or in any vessel, conveyance, aircraft or place from which they may not be removed except with the permission of the proper officer of excise. (3) References in this Order {a) to a document or record include, in addition to a document or record on paper, references to any, or part of any - (i) document or record kept on any magnetic, optical, chemical or other medium; (ii) photograph; (iii) map, plan, graph, picture or drawing; (iv) film, including a microfilm and a microfiche, negative, disc, tape, soundtrack or any other device in which one or more visual images, sounds or other data are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced therefrom; (b) to a document or record in writing, or the making of a document or record in writing, include, unless the context otherwise requires, any electronic notice or the making, serving or submitting of such a notice under this Order; (c) to a person (i) in respect of a body corporate or unincorporated body, include references to the director, manager, secretary or other similar officer of that body corporate or unincorporated body, or of a person purporting to act in any such capacity; (ii) in respect of a partnership, include references to the partner, secretary or other similar officer of that partnership, or of a person purporting to act in any such capacity; (d) to this Order include references to regulations made under this Order.
Part IV
Part VI
Part VII
Part VIII
Manufacture
Part IX
Storage of Dutiable Goods
Part X
Sale of Intoxicating Liquors
Part XI
Part C
Part XII
Drawback
Part XIII
Part XIV
Search, Seizure and Arrest
Part XV
Provisions as to Trial and Proceedings
Part XVI
Offences and Penalties
Part XVII