SALES TAX (No. 1).
No. 72 of 1957.
An Act to amend the Sales Tax Act (No. 1)1930-1956.
[Assented to 12th December, 1957.]
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) 1957.
(2.) The Sales Tax Act (No. 1) 1930–1956, as amended by this Act, may be cited as the Sales Tax Act (No. 1) 1930–1957.
Commencement.
2. This Act shall be deemed to have come into operation on the fourth day of September, One thousand nine hundred and fifty-seven.
3. Sections three and four of the Sales Tax Act (No. 1) 1930–1956 are repealed and the following sections inserted in their stead:—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 fourth day of September, One thousand nine hundred and fifty-seven, 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 1935–1957—25 per centum;
(b) in respect of goods covered by the Third Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1957—8⅓ per centum;
(c) in respect of goods covered by the Fourth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1957—16⅔ per centum;
(d) in respect of goods covered by the Fifth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1957—30 per centum; and
(e) in respect of goods not covered by the Second, Third, Fourth or Fifth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1957 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—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 The sales tax imposed by the provisions repealed by this Act upon the sale value of goods manufactured in Australia by a taxpayer and, on or after the fifteenth day of March, One thousand nine hundred and fifty-six, 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him as stock for sale by retail or applied to his own use continues to be imposed as if those provisions had not been repealed.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) 1957 was enacted by the Commonwealth Parliament to amend the existing Sales Tax Act (No. 1) 1930-1956. This Act was introduced to update the sales tax rates and structure to better align with contemporary economic conditions and revenue requirements. The Act received royal assent on 12 December 1957 and came into operation on 4 September 1957, replacing specific sections of the previous Act with new provisions that introduced varying rates of sales tax on different categories of goods manufactured and sold in Australia. The policy objective was to provide a more nuanced approach to taxation that could better reflect the value and nature of the goods being taxed, while ensuring continuity in the tax obligations for certain goods as the new Act took effect.
Scope and Application
The Sales Tax Act (No. 1) 1957 applies to taxpayers who manufacture goods in Australia and sell them, treat them as stock for retail sale, or apply them to their own use on or after 4 September 1957. The Act imposes sales tax on the sale value of these goods at rates specified in the Act, varying from 8⅓ per cent to 30 per cent depending on the classification of the goods. The geographic reach of the Act is national, as it pertains to the Commonwealth of Australia. The Act’s application is defined and refined through the Sales Tax (Exemptions and Classifications) Act 1935–1957, which lists specific exemptions and classifications that determine the applicable tax rates. The Act continues to impose sales tax on goods sold between 15 March 1956 and the date of the Act's commencement, as stipulated in the saving provision.
Key Provisions
The Sales Tax Act (No. 1) 1957, which amends the Sales Tax Act (No. 1) 1930–1956, introduces several key provisions concerning the imposition and rates of sales tax on goods manufactured in Australia. Section 3 of the Act imposes 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 fourth day of September, 1957. The rates of sales tax, as outlined in Section 4, vary depending on the classification of the goods, with rates set at 25%, 8⅓%, 16⅔%, 30%, and 12½% for different categories as defined in the Sales Tax (Exemptions and Classifications) Act 1935–1957.
Entities subject to the Act are required to comply with these provisions by ensuring that the appropriate sales tax is applied to the sale value of the goods as per the specified rates. They must also ensure that sales tax is accurately reported and remitted to the relevant authorities. The Act specifies that sales tax imposed by repealed provisions on goods sold or used between the fifteenth day of March, 1956, and the commencement date of the Act continues to apply as if those provisions had not been repealed.
Failure to comply with the obligations imposed by the Act can result in various penalties and consequences. The Act does not explicitly state the penalties for non-compliance, but breaches of sales tax laws generally can result in civil or criminal penalties, including fines and potential imprisonment. The specific penalties may depend on the severity and intent of the breach, and it is advisable for taxpayers to consult the relevant legislation and authorities for detailed information on potential consequences.