STATUTORY RULES.
1935. No. 28.
REGULATION UNDER THE FINANCIAL EMERGENCY ACT 1931-1934.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Financial Emergency Act 1931-1934.
Dated this twentieth day of March, 1935.
(Sgd.) ISAAC A. ISAACS.
Governor-General.
By His Excellency’s Command.
Acting Treasurer.
Amendment of Financial Emergency (State Taxation) Regulations.†
Certain tax to be deemed a tax for unemployment relief.
Regulation 5 of the Financial Emergency (State Taxation) Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—
“(2.) For the purposes of section nineteen of the Financial Emergency Act 1931-1934, the tax imposed under the laws of the State of Western Australia respectively specified in each of the following paragraphs, namely:—
(a) section three of the Financial Emergency Tax Assessment Act, 1932, and the Financial Emergency Tax Act, 1932;
(b) section three of the Financial Emergency Tax Assessment Act, 1932, and the Financial Emergency Tax Act, 1933; and
(c) section three of the Financial Emergency Tax Act 1932-1934 and the Financial Emergency Tax Act, 1934;
shall be deemed to be a tax to meet expenditure incurred by that State for the purpose of unemployment relief.”.
* Notified in the Commonwealth Gazette on, 1935.
† Statutory Rules 1931, Nos. 138 and 154, as amended by Statutory Rules 1933, Nos. 34 and 142; 1934, No. 17: and by 1935, No. 8.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
871.—6/12.3.1935.—Price 3d.
Overview
Statutory Rules 1935 No. 28, enacted by the Governor-General in Council, amends the Financial Emergency (State Taxation) Regulations under the Financial Emergency Act 1931-1934. This regulation was introduced to address the need for a consistent approach to taxing during the financial emergency period, ensuring that certain taxes imposed by Western Australia could be treated as taxes for unemployment relief purposes. The enactment was a response to the economic hardships of the time and aimed to facilitate the allocation of financial resources towards unemployment relief efforts. The policy objective is to provide a mechanism for the federal government to effectively manage state taxation in alignment with national economic policies during a financial crisis.
Scope and Application
The Statutory Rules 1935 No. 28, made under the Financial Emergency Act 1931-1934, specifically amends the Financial Emergency (State Taxation) Regulations to reclassify certain taxes imposed by the State of Western Australia as being for unemployment relief purposes. This amendment applies to the taxes specified under the Financial Emergency Tax Assessment Act, 1932, the Financial Emergency Tax Act, 1932, the Financial Emergency Tax Assessment Act, 1933, the Financial Emergency Tax Act, 1933, the Financial Emergency Tax Act, 1932-1934, and the Financial Emergency Tax Act, 1934. The regulation is designed to facilitate the Commonwealth's financial response to unemployment by recognising state taxes that directly support unemployment relief efforts, thus enabling the pooling of resources across jurisdictions during a national financial emergency. This legislation operates within the Commonwealth jurisdiction, extending its application to taxes levied by a specific state for a particular purpose, as defined by federal law.
Key Provisions
The primary operative sections of this statutory regulation, made under the Financial Emergency Act 1931-1934, are found in Regulation 5, which amends the Financial Emergency (State Taxation) Regulations. Specifically, Regulation 5(2) has been altered to reclassify certain taxes as those intended for unemployment relief purposes (reg. 5(2)). This amendment affects the tax imposed under the laws of the State of Western Australia as specified in various acts including the Financial Emergency Tax Assessment Act, 1932, the Financial Emergency Tax Act, 1932, the Financial Emergency Tax Assessment Act, 1932, and the Financial Emergency Tax Act, 1933, and the Financial Emergency Tax Act, 1932-1934 and the Financial Emergency Tax Act, 1934 (reg. 5(2)(a)-(c)).
This legislation imposes specific obligations on the entities governed by it. These obligations include the reclassification of certain state taxes as being specifically intended for unemployment relief, as outlined in Regulation 5(2). This reclassification is necessary for these taxes to be considered under section nineteen of the Financial Emergency Act 1931-1934. The affected taxes are those imposed under the specified Western Australian laws, and this amendment ensures they meet the criteria for expenditure related to unemployment relief.
Failure to comply with the provisions of this regulation could lead to significant consequences. While the regulation itself does not explicitly outline specific offences, penalties, or civil/criminal consequences, breaches of the Financial Emergency Act 1931-1934 or its regulations could result in legal actions. The severity of penalties would depend on the specific breach and the applicable laws of the Commonwealth or the State of Western Australia, which might include fines or other civil or criminal penalties. However, the regulation does not detail these potential penalties within its text.