ENTERTAINMENTS TAX.
No. 11 of 1919.
An Act to amend the Entertainments Tax Act 1916–1918.
[Assented to 28th October, 1919.]
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 citation.
1.—(1.) This Act may be cited as the Entertainments Tax Act 1919.
(2.) The Entertainments Tax Act 1916–1918, as amended by this Act, may be cited as the Entertainments Tax Act 1916–1919.
Commencement.
2. This Act shall commence on a day to be fixed by proclamation.
3. Section four of the Entertainments Tax Act 1916–1918 is repealed and the following section inserted in its stead:—
Entertainments tax.
“4. (1.) The rates of the Entertainments Tax shall be as follows, namely:—
Payment for Admission (excluding the amount of tax). | Rate of Tax. |
Not exceeding five pence for the admission to a continuous place of entertainment of persons apparently over the age of sixteen years | One half-penny. |
Sixpence....................... | One half-penny. |
Exceeding sixpence but not exceeding one shilling | One penny. |
Exceeding one shilling.............. | One penny for the first shilling and one half-penny for every sixpence or part of sixpence by which the payment exceeds one shilling.” |
(2.) For the purposes of this Act ‘continuous place of entertainment’ means a place of entertainment which is open for more than four hours on more than two days in the week, for the admission of persons to the entertainment upon payment.”
Overview
The Entertainments Tax Act 1919, enacted in response to the need to address financial shortfalls during and after World War I, amends the Entertainments Tax Act 1916–1918. This Act was passed by the Parliament of Australia to provide a structured framework for taxing entertainments, with the aim of generating revenue to support war-related expenditures and post-war recovery. The Act introduces specific tax rates on admission fees to continuous places of entertainment, which are defined as venues open for more than four hours on more than two days a week. The policy objective is to establish a fair and efficient taxation system on entertainment services, thereby contributing to the national financial needs.
Scope and Application
The Entertainments Tax Act 1919 applies to continuous places of entertainment which are open for more than four hours on more than two days in the week and admit persons for payment. The Act imposes a tax on the payment for admission to such places, with varying rates depending on the amount charged. The Act amends the Entertainments Tax Act 1916–1918, effectively updating the tax rates and definitions to reflect the changes made in 1919. The Act's jurisdiction extends throughout the Commonwealth of Australia, meaning it applies nationally. There are no specific exclusions, exemptions, or thresholds mentioned in the provided excerpt, but it is possible that such provisions could exist in other sections of the Act or be established through subordinate instruments. The Act's commencement is dependent on a proclamation to be issued at a later date.
Key Provisions
The main provisions of the Entertainments Tax Act 1919 (Act) primarily revolve around the imposition of a tax on certain entertainments, as outlined in Section 4(1). This section establishes the rates of the Entertainments Tax, which varies based on the admission fee. Specifically, the tax is half a penny for admissions not exceeding five pence, one half-penny for admissions at sixpence, one penny for admissions exceeding sixpence but not exceeding one shilling, and one penny for the first shilling with an additional half-penny for every sixpence or part of sixpence by which the admission fee exceeds one shilling. This tiered approach ensures that the tax is proportionate to the cost of the admission, reflecting the economic realities of the entertainment industry at the time.
The Act imposes several obligations on the parties it governs. Firstly, those operating a 'continuous place of entertainment'—defined in Section 4(2) as a place open for more than four hours on more than two days in the week—must comply with the tax rates specified. These entities must ensure that the correct amount of tax is calculated and paid in accordance with the admission fees charged. The definition of 'continuous place of entertainment' is crucial for determining which venues are subject to the tax, thereby ensuring that only those establishments that are substantially active in the entertainment sector are liable.
Failure to comply with the provisions of the Act can lead to various consequences. Although the Act does not explicitly outline offences or penalties within the provided text, it is reasonable to infer that breaches of tax obligations could lead to civil or criminal penalties. In general, non-compliance with tax laws can result in fines, legal action, or other administrative consequences. The specific penalties for breaching entertainment tax laws would typically be detailed in other sections of the Act or in related legislation governing tax enforcement and penalties in Australia.