SALES TAX (SECURITIES AND EXEMPTIONS).
No. 61 of 1935.
An Act to
amend, in relation to Securities and Exemptions, Acts relating to the
Imposition, Assessment and Collection of a Tax upon the sale value of goods.
[Assented to 7th December, 1935.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the
House of Representatives of the Commonwealth of Australia, as follows:—
Short
title and citations.
1.—(1.) This Act may be cited as the Sales Tax
(Securities and Exemptions) Act 1935.
(2.) Section two of the Sales Tax (Financial
Relief) Act 1935 is amended by omitting sub-sections (1.), (3.),
(4.), (5.), (6.), (7.), (8.) and (9.).
(3.) Section one of the Sales Tax Assessment Act
(No. 9) 1935 is amended by omitting sub-section (3.).
(4.) The Sales Tax Assessment Act (No. 1)
1930–1934, as amended by the Sales Tax Assessment Act (No. 1)
1935, by the Sales Tax (Financial Relief) Act 1935 and by
this Act, may be cited as the Sales Tax Assessment Act (No. 1) 1930–1935.
(5.) The Sales Tax Assessment Act (No. 2)
1930–1934, as amended by the Sales Tax (Financial Relief) Act 1935
and by this Act, may be cited as the Sales Tax Assessment Act (No.
2) 1930–1935.
(6.) The Sales Tax Assessment Act (No. 3)
1930–1934, as amended by the Sales Tax (Financial Relief) Act 1935
and by this Act, may be cited as the Sales Tax Assessment Act (No. 3)
1930–1935.
(7.) The Sales Tax Assessment Act (No. 4) 1930–1934, as amended
by the Sales Tax (Financial
Relief) Act 1935 and by this Act, may be cited as the Sales
Tax Assessment Act (No. 4)
1930–1935.
(8.) The Sales Tax Assessment Act (No. 5) 1930–1934, as amended
by the Sales Tax (Financial
Relief) Act 1935 and by this Act, may be cited as the Sales
Tax Assessment Act (No. 5)
1930–1935.
(9.) The. Sales Tax Assessment Act (No. 6) 1930–1934, as amended
by the Sales Tax (Financial
Relief) Act 1935 and by this Act, may be cited as the Sales
Tax Assessment Act (No. 6)
1930–1935.
(10.) The Sales Tax Assessment Act (No. 7) 1930–1934,as
amended by the Sales Tax (Financial
Relief) Act 1935 and by this Act, may be cited as the Sales
Tax Assessment Act (No. 7)
1930–1935.
(11.) The Sales Tax Assessment Act (No. 8) 1930–1934, as amended
by the Sales Tax (Financial
Relief) Act 1935 and by this Act, may be cited as the Sales
Tax Assessment Act (No. 8)
1930–1935.
(12.) The Sales Tax Assessment Act (No. 9) 1930–1934, as amended
by the Sales Tax Assessment Act (No.
9) 1935 and by this Act, may be cited as the Sales Tax Assessment
Act (No. 9)
1930–1935.
Securities.
2.—(1.) Section eleven of the Sales Tax
Assessment Act (No. 1)
1930–1934, as amended by the Sales Tax Assessment Act (No. 1) 1935, and by the Sales
Tax (Financial Relief)
Act 1935 (which Act as so amended is in this section referred to as
“the Principal Act”), is amended—
(a) by omitting from sub-section (1.) and from sub-section (2.)
the words “and give security to the satisfaction of the Commissioner, in such
amount, not exceeding One thousand pounds, as the Commissioner considers
reasonable, for compliance with the conditions of the certificate” (wherever
occurring);
(b) by omitting sub-section (4a.);
(c) by omitting from sub-section (4b.) the words “or to give or renew security”;
(d) by omitting from sub-section (4b.) all the words after the words “wholesale merchant”
(second occurring);
(e) by inserting after sub-section (8.) the following
sub-sections:—
“(8a.) In any case where,
in the opinion of the Commissioner, it is necessary for the protection of the
revenue to do so, he may, in writing, require any registered person to give
security for compliance by that person with the conditions of any certificate issued
to him under this Act, and that person shall, within twenty-eight days after
the date of the requirement, give security to the satisfaction of the
Commissioner, in such amount, not exceeding One thousand pounds, as the
Commissioner considers reasonable, for compliance with the conditions of the
certificate.
(8b.) Every security given
under the last preceding sub-section shall remain in force until—
(a) fresh security satisfactory to the Commissioner is furnished
in lieu thereof by the registered person;
(b) the expiration of the prescribed period after the
Commissioner has received from any party to the security, other than the
taxpayer, a request, in writing, to be discharged from his obligations under
the security; or
(c) the Commissioner, by notice in writing, relieves the parties
to the security from their obligations under the security:
Provided that nothing in this sub-section shall relieve any party to a
security from his obligations under the security in respect of any period prior
to the date of the termination of the security.”; and
(f) by inserting in sub-section (11.) after the word “security”
(first occurring) the words “, other than the taxpayer,”.
(2.) Nothing in this section shall affect the
liability of any person under any security given under the Principal Act and in
force immediately prior to the commencement of this Act in so far as that
liability directly or indirectly relates to tax payable in respect of
transactions, acts or operations entered into, done or carried out prior to the
commencement of this Act, but otherwise no liability shall attach to any person
under any such security.
Failure
to register or give security.
3. Section thirteen of the Sales Tax
Assessment Act (No. 1) 1930–1934, as amended by the Sales Tax
Assessment Act (No. 1) 1935, and by the Sales Tax (Financial Relief) Act 1935,
is amended by inserting after the word “Commissioner” the words “if so required
by him”.
4. Section twenty of the Sales Tax Assessment
Act (No. 1) 1930–1934, as amended by the Sales Tax Assessment Act
(No. 1) 1935 and by the Sales Tax (Financial Relief) Act 1935, is repealed and the
following section inserted in its stead:—
Exemptions.
“20. Notwithstanding anything contained in section nineteen of this
Act, sales tax shall not be payable under this Act by the person specified in
that section upon the sale value of goods the sale value of which is, by virtue
of the Sales Tax Exemptions Act 1935, exempt from sales tax under this
Act.”.
5. Section six of the Sales Tax
Assessment Act (No. 2) 1930–1934, as amended by the Sales Tax (Financial Relief) Act 1935,
is repealed and the following section inserted in its stead:—
Exemptions.
“6. Notwithstanding anything contained in section
five of this Act, sales tax shall not be payable under this Act by the person
specified in that section upon the sale value of goods the sale value of which
is, by virtue of the Sales Tax Exemptions Act 1935, exempt from sales
tax under this Act.”.
6. Section six of the Sales Tax
Assessment Act (No. 3)
1930–1934, as amended by the Sales Tax (Financial Relief) Act 1935, is repealed and the
following section inserted in its stead:—
Exemptions.
“6.Notwithstanding anything contained in
section five of this Act, sales tax shall not be payable under this Act by the
person
specified
in that section upon the sale value of goods the sale value of which is, by
virtue of the Sales Tax Exemptions Act 1935, exempt from sales tax under
this Act.”.
7. Section six of the Sales Tax
Assessment Act (No. 4)
1930–1934, as amended by the Sales Tax (Financial Relief) Act 1935, is repealed and
the following section inserted in its stead:—
Exemptions.
“6. Notwithstanding anything contained in section
five of this Act, sales tax shall not be payable under this Act by the person
specified in that section upon the sale value of goods the sale value of which
is, by virtue of the Sales Tax Exemptions Act 1935, exempt from sales
tax under this Act.”.
8. Section six of the Sales Tax Assessment Act (No. 5) 1930–1934, as amended
by the Sales Tax (Financial
Relief) Act 1935, is repealed and the following section
inserted in its stead:—
Exemptions.
“6. Notwithstanding anything contained in section
five of this Act, sales tax shall not be payable under this Act by the person
specified in that section upon the sale value of goods the sale value of which
is, by virtue of the Sales Tax Exemptions Act 1935, exempt from sales
tax under this Act.”.
9. Section six of the Sales Tax
Assessment Act (No. 6)
1930–1934, as amended by the Sales Tax (Financial Relief) Act 1935, is repealed and the
following section inserted in its stead:—
Exemptions.
“6. Notwithstanding anything contained in section
five of this Act, sales tax shall not be payable under this Act by the person
specified in that section upon the sale value of goods the sale value of which
is, by virtue of the Sales Tax Exemptions Act 1935, exempt from sales
tax under this Act.”.
10. Section six of the Sales Tax Assessment
Act (No. 7)
1930–1934, as amended by the Sales Tax (Financial Relief) Act 1935, is repealed and the
following section inserted in its stead:—
Exemptions.
“6. Notwithstanding anything contained in section
five of this Act, sales tax shall not be payable under this Act by the person
specified in that section upon the sale value of goods the sale value of which
is, by virtue of the Sales Tax Exemptions Act 1935, exempt from sales
tax under this Act.”.
11. Section six of the Sales Tax Assessment
Act (No. 8)
1930–1934, as amended by the Sales Tax (Financial Relief) Act 1935, is repealed and the
following section inserted in its stead:—
Exemptions.
“6. Notwithstanding anything contained in section
five of this Act, sales tax shall not be payable under this Act by the person
specified in that section upon the sale value of goods the sale value of which
is, by virtue of the Sales Tax Exemptions Act 1935, exempt from sales
tax under this Act.”.
12. Section six of the Sales Tax Assessment
Act (No. 9)
1930–1934, as amended by the Sales Tax Assessment Act (No. 9) 1935, is repealed and
the following section inserted in its stead:—
Exemptions.
“6.Notwithstanding anything contained in
section five of this Act, sales tax shall not be payable under this Act by the
person
specified
in that section upon the sale value of goods the sale value of which is, by
virtue of the Sales Tax Exemptions Act 1935, exempt from sales tax under
this Act.”.
Refunds
in respect of exempt goods.
13. Section twenty-six of the Sales Tax
Assessment Act (No. 1)
1930–1934, as amended by the Sales Tax Assessment Act (No. 1) 1935 and by the Sales
Tax (Financial Relief)
Act 1935, is amended—
(a) by omitting from paragraph (a) of sub-section (4.) the
words “paragraph (aa) of sub-section (1.) of section twenty of this Act”
and inserting in their stead the words “item 74 in the Schedule to the Sales
Tax Exemptions Act 1935”; and
(b) by omitting from paragraph (a) of sub-section (4.) the
word “paragraph” (second occurring) and inserting in its stead the word “item”.
Refunds
in respect of exempt goods.
14. Section eleven of each of the following
Acts:—
The Sales Tax Assessment Act (No. 2) 1930–1934, as amended
by the Sales Tax (Financial
Relief) Act 1935;
The Sales Tax Assessment Act (No. 3) 1930–1934, as amended by the Sales Tax (Financial Relief) Act 1935,
is amended—
(a) by omitting from paragraph (a) of sub-section (3.) the
words “paragraph (aa) of
section six of this Act” and inserting in their stead the words “item 74 in the
Schedule to the Sales Tax Exemptions Act 1935”; and
(b) by omitting from paragraph (a) of sub-section (3.) the word “paragraph” (second
occurring) and inserting in its stead the word “item”.
Refunds
in respect of exempt goods.
15. Section eleven of the Sales Tax Assessment
Act (No. 5)
1930–1934, as amended by the Sales Tax (Financial Relief) Act 1935, is amended by
omitting from paragraph (a) of
sub-section (3.) the words “by virtue of the provisions of paragraph (a) of section six of this
Act” and inserting in their stead the words “under item 74 in the Schedule to
the Sales Tax Exemptions Act 1935”.
Refunds
in respect of exempt goods.
16. Section eleven of each of the following
Acts:—
The Sales Tax Assessment Act (No. 6) 1930–1934, as amended by the Sales Tax (Financial Relief) Act 1935;
The Sales Tax Assessment Act (No. 7) 1930–1934, as amended by the Sales Tax (Financial Relief) Act 1935,
is amended—
(a) by omitting from paragraph (a) of sub-section (3.) the
words “paragraph (a) of
section six of this Act” and inserting in their stead the words “item 74 in the
Schedule to the Sales Tax Exemptions Act 1935”; and
(b) by omitting from paragraph (a) of sub-section (3.) the
word “paragraph” (second occurring) and inserting in its stead the word “item”.
Repeal of
Schedules.
17. The
First Schedule to the Sales Tax Assessment Act (No. 1) 1930–1934,
as amended by the Sales Tax Assessment Act (No. 1)
1935 and by the Sales Tax (Financial
Relief) Act 1935, and the Schedule to each of the following
Acts:—
The Sales Tax Assessment Act (No. 2) 1930–1934, as amended by the Sales Tax (Financial Relief) Act 1935;
The Sales Tax Assessment Act (No. 3) 1930–1934, as amended by the Sales Tax (Financial Relief) Act 1935;
The Sales Tax Assessment Act (No. 4) 1930–1934, as amended by the Sales Tax (Financial Relief) Act 1935;
The Sales Tax Assessment Act (No. 5) 1930–1934, as amended by the Sales Tax (Financial Relief) Act 1935;
The Sales Tax Assessment Act (No. 6) 1930–1934, as amended by the Sales Tax (Financial Relief) Act 1935;
The Sales Tax Assessment Act (No. 7) 1930–1934, as amended by the Sales Tax (Financial Relief) Act 1935;
The Sales Tax Assessment Act (No. 8) 1930–1934, as amended by the Sales Tax (Financial Relief) Act 1935,
are repealed.
Saving.
18.