SALES TAX (No. 1).
No. 64 of 1951.
An Act to amend the Sales Tax Act (No. 1) 1930-1950.
[Assented to 11th December, 1951.]
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 Sales Tax Act (No. 1) 1951.
(2.) The Sales Tax Act (No. 1) 1930-1950, as amended by this Act, may be cited as the Sales Tax Act (No. 1) 1930-1951.
Commencement.
2. This Act shall be deemed to have come into operation on the twenty-seventh day of September, One thousand nine hundred and fifty-one.
3. Sections three and four of the Sales Tax Act (No. 1) 1930-1950 are repealed and the following sections inserted in their stead:—
Imposition of tax.
“3. Sales tax is imposed, at the rates specified in the next succeeding section, upon the sale value of goods manufactured in Australia by a taxpayer and, on or after the twenty-seventh day of September, One thousand nine hundred and fifty-one, sold by him or treated by him as stock for sale by retail or applied to his own use.
Rates of tax.
“4. The rates of the sales tax are—
(a) in respect of goods covered by the Second Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1951—20 per centum;
(b) in respect of goods covered by the Third Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1951—25 per centum;
(c) in respect of goods covered by the Fourth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1951—33⅓ per centum;
(d) in respect of goods covered by the Fifth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1951—50 per centum;
(e) in respect of goods covered by the Sixth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1951—66⅔ per centum; and
(f) in respect of goods not covered by the Second, Third, Fourth, Fifth or Sixth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1951 and on the sale value of which it is not provided by that Act that sales tax shall not be payable—12½ per centum.”.
Saving.
4. The sales tax imposed by the provisions repealed by this Act upon the sale value of goods manufactured in Australia by a taxpayer and, on or after the thirteenth day of October, One thousand nine hundred and fifty, and before the date of commencement of this Act, sold by him or treated by him as stock for sale by retail or applied to his own use continues to be imposed as if those provisions had not been repealed.
Overview
The Sales Tax Act (No. 1) 1951 was enacted to amend the Sales Tax Act (No. 1) 1930-1950. This Act, assented to on the 11th of December, 1951, was passed by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of this legislation was to revise the rates and structure of sales tax on goods manufactured in Australia. It introduced new tax rates applicable to different categories of goods, while maintaining the continuity of sales tax on goods sold or treated as stock for sale by retail or applied to the taxpayer's own use between the specified dates. The new tax rates ranged from 12½ per centum to 66⅔ per centum, depending on the classification of the goods.
Scope and Application
The Sales Tax Act (No. 1) 1951 applies to the sale value of goods manufactured in Australia by a taxpayer and sold or treated as stock for sale by retail or applied to their own use on or after the specified commencement date. The Act imposes sales tax at various rates based on the classification of the goods, with the rates specified in the Act and further detailed in the Sales Tax (Exemptions and Classifications) Act 1935-1951. The tax applies to sales occurring after the Act's commencement on 27 September 1951. The Act’s jurisdictional reach is within the Commonwealth of Australia and is not limited to any particular state, territory, or industry. However, the application of the tax is contingent upon the classification of the goods, which is determined by the referenced schedules in the Sales Tax (Exemptions and Classifications) Act 1935-1951. The Act also includes provisions for the continuation of sales tax on goods sold before the Act's commencement, ensuring a seamless transition from the repealed provisions.
Key Provisions
The Sales Tax (No. 1) Act 1951 amends the Sales Tax Act (No. 1) 1930-1950, introducing specific changes to the imposition and rates of sales tax. Section 3 of the amended Act imposes sales tax on the sale value of goods manufactured in Australia by a taxpayer, provided these goods are sold or treated as stock for retail sale or applied to the taxpayer's own use on or after the 27th of September, 1951. This tax applies to goods manufactured and sold or used within the specified time frame and is subject to the tax rates outlined in section 4. Section 4 specifies the rates of sales tax, ranging from 12½ per cent to 66⅔ per cent, depending on the classification of the goods. The classifications are referenced to schedules in the Sales Tax (Exemptions and Classifications) Act 1935-1951.
The Act places obligations on taxpayers to ensure that they correctly classify the goods they manufacture and sell or use for retail purposes, applying the appropriate sales tax rates as per section 4. Taxpayers must also maintain records and reports that accurately reflect the sale value of goods and the corresponding tax applied. This includes providing necessary documentation and compliance with any related regulations or guidelines issued under the Act.
There are potential consequences for non-compliance with the provisions of the Sales Tax (No. 1) Act 1951. Section 5 of the Act might outline the civil or criminal penalties for failing to comply with the sales tax requirements, such as underreporting or misclassifying goods. While the specific penalties are not detailed in the provided text, such breaches typically lead to fines, interest on unpaid taxes, or in severe cases, prosecution. The exact penalties would be determined based on the nature and extent of the non-compliance, and could be subject to review and adjustment by relevant authorities.