SALES TAX (No. 1).
No. 45 of 1952.
An Act to amend the Sales Tax Act (No. 1) 1930-1951.
[Assented to 30th September, 1952.]
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 Sales Tax Act (No. 1) 1952.
(2.) The Sales Tax Act (No. 1) 1930-1951, as amended by this Act, may be cited as the Sales Tax Act (No. 1) 1930-1952.
Commencement
2. This Act shall be deemed to have come into operation on the seventh day of August, One thousand nine hundred and fifty-two.
3. Sections three and four of the Sales Tax Act (No. 1) 1930-1951 are repealed and the following sections inserted in their stead:—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 seventh day of August, One thousand nine hundred and fifty-two, 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 imposed by this Act are—
(a) in respect of goods covered by the Second Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1952—20 per centum;
(b) in respect of goods covered by the Third Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1952— per centum;
(c) in respect of goods covered by the Fourth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1952—50 per centum; and
(d) in respect of goods not covered by the Second, Third or Fourth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1952 and on the sale value of which it is not provided by that Act that the sales tax imposed by this Act shall not be payable— 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 The sales tax imposed by the provisions repealed by this Act upon the sale value of goods manufactured in Australia by a taxpayer and, on or after the twenty-seventh day of September, One thousand nine hundred and fifty-one, 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him as stock for sale by retail or applied to his own use continues to be imposed as if those provisions had not been repealed.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) 1952, enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, serves to amend the Sales Tax Act (No. 1) 1930-1951. This legislative amendment was introduced to address the need for updated and more specific sales tax rates on goods manufactured in Australia and sold domestically. The Act came into operation on 7 August 1952, replacing certain sections of the previous Act with new provisions that specify the rates of sales tax for various categories of goods. The policy objective appears to be the clear delineation of tax rates and the continued imposition of sales tax on goods manufactured and sold within the specified period, ensuring that the tax framework remains applicable and effective in generating revenue.
Scope and Application
The Sales Tax Act (No. 1) 1952 amends the Sales Tax Act (No. 1) 1930-1951, imposing sales tax on the sale value of goods manufactured in Australia by a taxpayer and sold or treated as stock for sale by retail or applied to the taxpayer's own use on or after the seventh day of August, 1952. The Act applies to the sale value of goods manufactured in Australia, effectively targeting taxpayers involved in the production and sale of goods within the country. The rates of tax are specified within the Act itself and vary based on the classification of goods, with rates ranging from 20% to 50%. The Act does not explicitly state any exclusions or exemptions beyond those outlined in the Sales Tax (Exemptions and Classifications) Act 1935-1952. The legislation extends its application through subordinate instruments, such as the schedules that detail the classification of goods and the rates of tax applicable to them.
Key Provisions
The Sales Tax Act (No. 1) 1952 introduces key amendments to the existing Sales Tax Act (No. 1) 1930-1951. Section 3 imposes sales tax on the sale value of goods manufactured in Australia by a taxpayer and sold or treated as stock for retail sale or applied to the taxpayer's own use on or after 7 August 1952. Section 4 specifies the rates of the sales tax, which vary depending on the classification of the goods. These rates are: 20 per cent for goods listed in the Second Schedule, a percentage not specified for goods in the Third Schedule, 50 per cent for goods in the Fourth Schedule, and a percentage not specified for goods not listed in the Second, Third, or Fourth Schedules, provided they are not exempted by the Sales Tax (Exemptions and Classifications) Act 1935-1952.
Under this Act, taxpayers have specific obligations to comply with the tax requirements. They must calculate the sales tax based on the rates specified in Section 4 and apply it to the sale value of goods manufactured in Australia and sold or used as stock for retail sale on or after the commencement date of 7 August 1952. The obligation to remit the calculated tax to the relevant authorities is implicit in the imposition of the tax. The Act also continues to impose sales tax on sales made between 27 September 1951 and the commencement date, as stated in Section 4.
There are no explicit provisions in the Act detailing offences, penalties, or civil/criminal consequences for breach. However, it is reasonable to infer that failure to comply with the tax obligations or remit the required sales tax could lead to penalties under the broader legal framework governing tax compliance in Australia. The specific penalties would be determined by other relevant tax laws and regulations in place at the time.