Income Tax and Social Services Contribution Regulations (Amendment)

Administered by Department of the Treasury

Legislation au F1997B00263 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1951.  No. .

REGULATIONS UNDER THE INCOME TAX AND SOCIAL SERVICES CONTRIBUTION ASSESSMENT ACT 1936-1951.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Income Tax and Social Services Contribution Assessment Act 1936-1951.

Dated this  eleventh

day of  December  , 1951.

J. Northcott

Administrator.

By His Excellency’s Command,

Treasurer.

Amendments on the Income Tax and Social Services Contribution Regulations.†

Livestock.

1. Regulation 5 of the Income Tax and Social Services Contribution Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “, or paragraph (b) of sub-section (2.) of section 35 ”;

(b) by omitting from sub-regulation (1.) the words “ Form 3, Form 4 or Form 5 ” and inserting in their stead the words “ Form 3 or Form 4 ”; and

(c) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation :—

“ (3.) For the purposes of paragraph (b) of sub-section (1.) of section 34 of the Act, the minimum cost price in respect of livestock of a class specified in the following table is the price specified in that table opposite to that class :—

 

£

s.

d.

Sheep....................................

 

4

0

Cattle....................................

1

0

0

Horses....................................

1

0

0

Pigs.....................................

 

5

0 ”.

* Notified in the Commonwealth Gazette on    , 1951.

† Statutory Rules 1936, No. 94, as amended by Statutory Rules 1939, Nos. 6 and 42 ; 1940, Nos. 138 and 289 ; 1941, Nos. 120 and 327 ; 1942, Nos. 339 and 553 ; 1943, Nos. 80, 127 and 151 ; 1944, Nos. 90 and 124 ; 1945, Nos. 12, 85, 169 and 192; 1940, No. 135 ; 1947, Nos. 77 and 173 ; 1948, Nos. 115 and 162 ; 1949, Nos. 25 and 50 ; 1950, Nos. 03 and 101 ; and 1951, No.

5356.—Price 3d          10/1.11.1951.

2. After regulation 54za of the Income Tax and Social Services Contribution Regulations, the following regulation is inserted in Division 3 of Part VI.:—

Provisional tax and contribution for year of income

“ 54zb. For the purpose of ascertaining the amount of provisional tax and contribution payable by a taxpayer in accordance with the provisions of section 221yc of the Act in respect of the income of the year of income ending on the thirtieth day of June, 1952, the references in sub-section (1.) of that section to the income tax assessed in respect of the year next preceding that year of income shall be read as references to the income tax and social services contribution so assessed, increased by an amount equal to ten per centum, of the income tax and social services contribution so assessed (but not including the pence (if any) in that amount), and the provisional tax and contribution payable apart from this regulation shall he increased accordingly.”.

Form 4, First Schedule.

3. The First Schedule to the Income Tax and Social Services Contribution Regulations is amended by omitting Form 4 and inserting in its stead the following form :—

Form 4.

Section 34.

Regulation 5.

Commonwealth of Australia.

Income Tax and Social Services Contribution Assessment Act 1936-19.

NOTICE OF SELECTION OF COST PRICE OF NATURAL INCREASE.

* Insert name of State or Territory.

I,   of   in *   , in pursuance of section 34 of the abovementioned Act, hereby select, as the cost, price of natural increase of each class of live stock to be taken into account, the value shown as the selected value opposite to that class, not being less than the value shown as minimum cost price.

 

Minimum cost price

Selected value.

 

£

s.

d.

£

s.

d.

Sheep.......................................

 

4

0

 

Cattle.......................................

1

0

0

 

Horses......................................

1

0

0

 

Pigs........................................

 

5

0

 

Dated this    day of    , 19     .

Signature of Taxpayer.

Form 5, First Schedule.

4. The First Schedule to the Income Tax and Social Services Contribution Regulations is amended by omitting Form 5.

Form 10, First Schedule.

5. The first Schedule to the Income Tax and Social Services Contribution Regulations is amended by omitting Form 10 and inserting in its stead the following form :—

Form 10.

Section 234.

Regulation 57.

[Heading as in Form of Information.]

NOTICE OF ELECTION BY THE DEFENDANT TO HAVE A TAXATION
PROSECUTION TRIED IN A HIGHER COURT.

Notice is hereby given, in pursuance of section 234 of the income Tax and Social Services contribution Assessment Act 1936-19   , that the Defendant in the above-named prosecution elects to have the case tried either in the High Court of Australia or in the Supreme Court of                             *.

* insert name of State or Territory.

Dated this    day of   , 19 .

(Signature of Defendant or his Solicitor or Counsel.)

† Insert address.

To the above-named Court, and to the Commissioner of Taxation [or the Deputy Commissioner of Taxation                                                        †].

_______________

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules of 1951, specifically Statutory Rules 1951 No. 263, pertain to the amendments of the Income Tax and Social Services Contribution Regulations under the Income Tax and Social Services Contribution Assessment Act 1936-1951. Enacted by the Commonwealth Government, these regulations address the need for updating and refining the administrative framework for income tax and social services contributions. The objective of these amendments is to ensure that the regulations align with current economic and legislative requirements, thereby facilitating more effective tax collection and social service contributions. The regulations were made by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and were subsequently notified in the Commonwealth Gazette.

Scope and Application

The Income Tax and Social Services Contribution Regulations 1951, made under the Income Tax and Social Services Contribution Assessment Act 1936-1951, apply to individuals and entities subject to the Act, primarily concerning the assessment of income tax and social services contributions in Australia. These regulations cover various aspects of taxation, including the selection of cost prices for livestock and the calculation of provisional tax and contributions. The geographic reach of these regulations is nationwide, as they pertain to the Commonwealth of Australia and apply to taxpayers across the states and territories. Certain forms, such as Forms 3, 4, and 5, have been amended to align with the updated regulations, while some forms have been omitted entirely, reflecting changes in the legislative framework. Notably, the regulations do not specify any exclusions, exemptions, or thresholds directly within the statutory rules but provide detailed amendments to existing forms and regulations to ensure compliance with the updated legislative requirements. The regulations may be further extended or restricted through subordinate instruments, which are not explicitly mentioned in the provided text.

Key Provisions

The key provisions of the Income Tax and Social Services Contribution Regulations, 1951, primarily revolve around amendments to the existing regulations under the Income Tax and Social Services Contribution Assessment Act 1936-1951. These amendments include modifications to livestock-related provisions (Regulation 5) and the introduction of new provisions concerning provisional tax and contributions (Regulation 54zb). Regulation 5 revises the minimum cost prices for livestock such as sheep, cattle, horses, and pigs, which are now set at £40, £100, £100, and £50 respectively. Regulation 54zb introduces a new method for calculating provisional tax and contribution for the year of income ending on 30 June 1952, by adjusting the assessed income tax and social services contribution by ten percent. These regulations impose specific obligations on taxpayers and entities governed by the Act. For instance, taxpayers must adhere to the newly set minimum cost prices when calculating the cost of natural increase of livestock. Furthermore, taxpayers are required to use the newly inserted forms, such as Form 4 for selecting the cost price of natural increase and Form 10 for electing to have a taxation prosecution tried in a higher court, ensuring that all forms and declarations comply with the updated regulatory framework. Violation of these regulations can lead to various penalties and legal consequences. While the specific penalties are not detailed in the regulations, breaches of the Income Tax and Social Services Contribution Assessment Act 1936-1951 can result in both civil and criminal penalties. Civil penalties typically include fines, whereas criminal penalties might involve imprisonment, depending on the severity and intent behind the breach. The precise penalties would be determined based on the specific provisions of the Act and any applicable case law.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.