Bank Account Debits Tax Amendment Act 1986
No. 113 of 1986
An Act to amend the Bank Account Debits Tax Act 1982, and for related purposes
[Assented to 4 November 1986]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Bank Account Debits Tax Amendment Act 1986.
(2) The Bank Account Debits Tax Act 19821 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on 1 December 1986.
Schedule
3. The Schedule to the Principal Act is amended—
(a) by omitting from Column 2 “10 cents” and substituting “15 cents”;
(b) by omitting from Column 2 “25 cents” and substituting “35 cents”;
(c) by omitting from Column 2 “50 cents” and substituting “75 cents”;
(d) by omitting from Column 2 “$1” and substituting “$1.50”; and
(e) by omitting from Column 2 “$1.50” and substituting “$2.00”.
Application of amendments
4. The amendments made by this Act apply to debits made on or after 1 December 1986.
NOTE
1. No. 141, 1982, as amended. For previous amendments, see No. 110, 1983; No. 103, 1984; and No. 171, 1985.
[Minister’s second reading speech made in—
House of Representatives on 17 September 1986
Senate on 9 October 1986]
Overview
The Bank Account Debits Tax Amendment Act 1986 was enacted by the Parliament of Australia and received royal assent on 4 November 1986. This legislation sought to amend the Bank Account Debits Tax Act 1982 by adjusting the tax rates applied to debits made from bank accounts. The primary objective of this amendment was to ensure that the taxation on bank account debits remained aligned with economic conditions and inflationary pressures, thereby maintaining the effectiveness of the tax in generating revenue for the government. The changes in tax rates were implemented to reflect the increasing costs associated with processing debits, aiming to keep pace with the financial sector's operational expenses.
This Act came into effect on 1 December 1986, applying to debits made on or after this date. The amendments increased the tax rates for various levels of debits, thereby impacting the financial transactions subject to the Bank Account Debits Tax. By adjusting the tax schedule, the legislation aimed to address the problem of outdated tax rates, ensuring that the tax system continued to function efficiently within the evolving economic landscape.
Scope and Application
The Bank Account Debits Tax Amendment Act 1986 amends the Bank Account Debits Tax Act 1982 to adjust the rates of tax on bank account debits. This Act applies to debits made from 1 December 1986 onwards, thereby extending the increased tax rates to all future debits. The amendments affect entities and individuals making debits from bank accounts within the Commonwealth of Australia. The tax applies to transactions where a debit is made from a bank account, with the specified increased rates applicable to the categories of debits as outlined in the amending Schedule. There are no stated exclusions or exemptions within the text of the Act itself; however, the application of the tax may be subject to further definition or limitation through subordinate instruments or judicial interpretation. The geographic reach of this Act is national, applying across the entire Commonwealth of Australia.
Key Provisions
The Bank Account Debits Tax Amendment Act 1986 (sections 1-4) amends the Bank Account Debits Tax Act 1982, increasing the tax rates for bank account debits. Specifically, section 3 of the Act modifies the Schedule of the Principal Act by raising the tax on debits from 10 cents to 15 cents, 25 cents to 35 cents, 50 cents to 75 cents, $1 to $1.50, and $1.50 to $2.00. These amendments apply to debits made on or after 1 December 1986, as stated in section 4. The Act is effective from 1 December 1986 (section 2).
The Act imposes specific obligations on financial institutions and account holders. Financial institutions must charge the increased tax rates on debits made on or after the effective date of the Act. Account holders, on the other hand, must be aware of the changes and ensure that they are not subject to additional tax liabilities due to these amendments. They must also keep records of their account debits for compliance purposes.
Failure to comply with the increased tax rates or the obligations imposed by the Act can result in various penalties. Section 53 of the Principal Act provides for penalties for non-compliance, which may include fines. The exact penalties are determined based on the specific breach and the nature of the non-compliance. It is essential for both financial institutions and account holders to adhere to the new tax rates to avoid any potential legal consequences.