SALES TAX (No. 2).
No. 17 of 1939.
An Act to amend the Sales Tax Act (No. 2) 1930–1938.
[Assented to 15th September, 1939.]
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. 2) 1939.
(2.) The Sales Tax Act (No. 2) 1930–1938, as amended by this Act, may be cited as the Sales Tax Act (No. 2) 1930-1939.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Imposition of tax.
3. Section three of the Sales Tax Act (No. 2) 1930–1938. is amended—
(a) by omitting the words and figures “on or after the 22nd September, 1938” and inserting in their stead the words and figures “during the period commencing on the 22nd September, 1938, and terminating on the 8th September, 1939”; and
(b) by adding at the end thereof the words and figures “on or after the 9th September, 1939 .. .. 6 per centum.”.
Overview
The Sales Tax (No. 2) Act 1939 was enacted to amend the existing Sales Tax Act (No. 2) 1930–1938. This legislation was introduced to address the need for an updated sales tax regime in response to economic changes and the shifting demands of the time. Enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act aims to refine and extend the sales tax provisions to ensure adequate revenue for the Commonwealth. The policy objective was to adjust the tax period and rate to better reflect the economic conditions and requirements of the era. The Act came into operation immediately upon receiving Royal Assent, marking a timely response to the identified fiscal needs.
Scope and Application
The Sales Tax Act (No. 2) 1939, which amends the Sales Tax Act (No. 2) 1930–1938, imposes a sales tax on goods sold within the Commonwealth of Australia. This Act applies to any person or entity involved in the sale of goods, regardless of the industry or the nature of the transaction, as long as the transaction occurs within the territory of Australia. The tax is applicable to sales made during the period commencing on 22nd September 1938 and terminating on 8th September 1939, and at a rate of six per centum on sales occurring on or after 9th September 1939. The Act comes into operation on the day it receives Royal Assent and may be subject to further modifications or specifications through subordinate instruments as determined by the relevant authorities.
Key Provisions
The Sales Tax Act (No. 2) 1939 amends the Sales Tax Act (No. 2) 1930–1938, introducing specific changes to the imposition of sales tax. Section 3 of the 1930–1938 Act is amended to extend the period for which the sales tax applies, changing the effective dates from 22nd September 1938 to 8th September 1939 and introducing a new tax rate of 6 per centum effective from 9th September 1939. These changes are significant as they adjust the timeline and the rate of the tax imposed on sales.
The Act imposes clear obligations on entities engaged in sales within the specified period. For the period from 22nd September 1938 to 8th September 1939, the entities must calculate and remit the sales tax as per the existing rates and procedures outlined in the original Act. From 9th September 1939, the new rate of 6 per centum must be applied to all applicable sales. This includes the obligation to keep accurate records of sales and tax calculations to ensure compliance with the amended provisions.
Failure to comply with the requirements set out in the Sales Tax Act (No. 2) 1939 may result in legal consequences. The Act does not explicitly detail specific offences or penalties within the provided text, but it is reasonable to infer that non-compliance with tax laws generally could lead to penalties as prescribed by other relevant tax legislation. Typically, such breaches might incur financial penalties or other enforcement actions under broader tax laws.