Pay-roll Tax Assessment Act 1969

Legislation au C1969A00019 Not in force Act

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Pay-roll Tax Assessment

No. 19 of 1969

An Act to amend the Pay-roll Tax Assessment Act 1941-1968 in relation to Rebates of Tax allowable to Producers of Gold.

[Assented to 4 June 1969]

BE it enacted by the Queen’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 Pay-roll Tax Assessment Act 1969.

(2.) The Pay-roll Tax Assessment Act 1941-1968 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Pay-roll Tax Assessment Act 1941-1969.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.


3. Section 16x of the Principal Act is repealed and the following section inserted in its stead:—

Gold.

“16x.—(1.) For the purposes of this Division, where gold has been delivered in accordance with section forty-two of the Banking Act 1959—

(a) the gold shall be deemed to have been exported from Australia on the date on which the gold was so delivered;

(b) the person who by mining (including the working of alluvial or surface deposits) produced the minerals from which the gold was obtained, and no other person, shall be deemed to be the producer for export of the gold;

(c) except in a case to which the next succeeding paragraph applies, the value of export sales of that producer shall be deemed to include, in relation to the financial year in which the gold was so delivered, the consideration received in respect of the delivery of the gold by the person who so delivered the gold (whether the gold was so delivered by that producer or by another person);

(d) where, at any time during the financial year in which the gold was so delivered, the producer referred to in paragraph (b) of this sub-section was a shareholder in a prescribed company, the value of export sales of that producer shall be deemed to include—

(i) in relation to the financial year in which the gold was so delivered—so much of the consideration received in respect of the delivery of the gold by the person who so delivered the gold (whether the gold was so delivered by that producer or by another person) as exceeds the amount that bears to that consideration the same ratio as the prescribed ratio in relation to that financial year; and

(ii) in relation to any financial year (including the financial year in which the gold was so delivered)—so much of the total of any dividends of the kind referred to in sub-section (2.) of section twenty-three c of the Income Tax and Social Services Contribution Assessment Act 1936-1951, or of that Act as amended and in force for the time being, received by him in that financial year as exceeds the amount that bears to the total of those dividends the same ratio as the prescribed ratio in relation to that financial year; and

(e) except for the purpose of calculating the prescribed ratio in relation to a financial year that is a financial year later than the financial year that ended on the thirtieth day of June, One thousand nine hundred and sixty-eight, any actual export of the gold shall not be taken into account for the purposes of this Division.

“(2.) Notwithstanding the provisions of the last preceding sub-section, the provisions of this Division apply in relation to the export from Australia of gold that—

(a) has been purchased from the Reserve Bank; and

(b) has been exported by a person other than the Reserve Bank or a prescribed company,

as if this section had not been enacted.

“(3.) For the purposes of this section, gold delivered in accordance with section forty-two of the Banking Act 1959 shall be deemed to have been so delivered at the time treated by the Reserve Bank as the time of delivery of the gold for the purpose of payment of the price fixed and published under section forty-four of the Banking Act 1959.

“(4.) A reference in this section to the Banking Act 1959 shall be read as including a reference to that Act as amended and in force for the time being.

“(5.) In this section—

‘prescribed company’ means a company approved by the Treasurer for the purposes of section twenty-three c of the Income Tax and Social Services Contribution Assessment Act 1936-1951 or of that Act as amended and in force for the time being;

‘the prescribed ratio’ means—

(a) in relation to a financial year that ended on the thirtieth day of June of a year specified in the first column of the table in the First Schedule to this Act—the ratio of the number specified in the second column of that table opposite to that year to the number specified in the third column of that table opposite to that year; and

(b) in relation to a financial year that is a financial year later than the financial year that ended on the thirtieth day of June, One thousand nine hundred and sixty-eight—the ratio of the total quantity of gold purchased from the Reserve Bank sold during the immediately preceding financial year by prescribed companies, being gold other than gold exported by or on behalf of a prescribed company, to the total quantity of all gold purchased from the Reserve Bank sold during that immediately preceding financial year by prescribed companies;

‘the Reserve Bank’ means the Reserve Bank of Australia.”.

Provision for payment of tax by executors or administrators.

4. Section 33 of the Principal Act is amended by omitting from subsection (8.) the words “the Schedule” and inserting in their stead the words “the Second Schedule”.

First Schedule.

5. After section 71 of the Principal Act the following heading and Schedule are inserted:—

“THE SCHEDULES

——

“FIRST SCHEDULE Section 16x.

Table for Ascertaining the Prescribed Ratio for the Purposes of Section 16x

Column 1

Column 2

Column 3

1961....................................

46,854

1,122,800

1962....................................

47,558

1,081,253

1963....................................

45,793

1,064,998

1964....................................

60,192

1,040,998

1965....................................

70,777

952,940

1966....................................

89,006

911,875

1967....................................

90,479

803,192

1968....................................

112,217

738,952”.

The Schedule.

6. The Schedule to the Principal Act is amended by omitting the heading and inserting in its stead the following heading:—

“SECOND SCHEDULE”.

Application of amendments.

7. The amendments made by this Act apply in relation to rebate in respect of tax imposed on wages paid or payable by an employer and the issue of export certificates in respect of the financial year that began on the first day of July, One thousand nine hundred and sixty-eight, and succeeding financial years.

 

Overview

The Pay-roll Tax Assessment Act 1969 was enacted to address specific issues related to rebates of tax allowable to producers of gold. This Act was introduced by the Commonwealth Parliament to amend the Pay-roll Tax Assessment Act 1941-1968, providing a more detailed and structured approach to rebates concerning gold exports. By repealing and replacing Section 16x of the Principal Act, this legislation ensures clarity in the treatment of gold exports, defining the producer and the circumstances under which they are eligible for rebates. The policy objective behind this Act was to provide a clear framework for the assessment and rebate of pay-roll tax in relation to gold exports, thus ensuring that producers are correctly identified and appropriately rewarded for their contributions within the specified financial years.

Scope and Application

The Pay-roll Tax Assessment Act 1969 amends the Pay-roll Tax Assessment Act 1941-1968 to include provisions specifically concerning rebates of tax allowable to producers of gold. This Act applies to producers of gold who deliver gold in accordance with the Banking Act 1959, with the gold being deemed to have been exported from Australia on the date of delivery. The Act identifies the person who produced the gold through mining activities as the producer for export, and outlines the inclusion of the consideration received from the delivery of gold in the value of export sales for that financial year. The Act also specifies exceptions, such as when the producer is a shareholder in a prescribed company, wherein the value of export sales is adjusted based on a prescribed ratio. These amendments apply to the financial year beginning on the first day of July 1968 and subsequent financial years. The Act also incorporates a table in the First Schedule to ascertain the prescribed ratio for calculating the value of gold exported, and amends the Schedule to the Principal Act to reflect these changes.

Key Provisions

The Pay-roll Tax Assessment Act 1969 primarily amends the Pay-roll Tax Assessment Act 1941-1968 by introducing provisions for rebates of tax to gold producers (s. 3). The Act is cited as the Pay-roll Tax Assessment Act 1941-1969 after this amendment (s. 1(3)). The new section 16x inserted into the Principal Act specifies the conditions under which gold is considered exported, and it defines who is considered the producer for the purposes of the tax rebate (s. 3(1)). This section also outlines how the value of export sales is to be determined for these producers, taking into account considerations such as the ratio of dividends and the prescribed ratio related to financial years (s. 3(1)(d)). The Act provides a table in the First Schedule for determining the prescribed ratio for specific financial years (s. 5). Entities and individuals governed by this Act, specifically those involved in the production and export of gold, are required to comply with the new definitions and conditions set out in section 16x. These entities must ensure they are correctly classified as producers for export and must account for the value of their export sales as per the stipulations of the Act. Additionally, executors or administrators of estates are required to pay tax in accordance with the amendments made to section 33 of the Principal Act (s. 4). Failure to comply with the provisions of this Act can result in various civil or criminal consequences, although the specific penalties are not detailed in the provided text. The Act, however, does outline that the amendments apply to rebate in respect of tax and the issuance of export certificates from the financial year beginning 1 July 1968 onwards (s. 7). For precise details on penalties and enforcement mechanisms, further sections of the Act or related legislation would need to be consulted.

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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.