SALES TAX (No. 3).
No. 47 of 1952.
An Act to amend the Sales Tax Act (No. 3) 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. 3) 1952.
(2.) The Sales Tax Act (No. 3) 1930–1951, as amended by this Act, may be cited as the Sales Tax Act (No. 3) 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 Sections three and four of the Sales Tax Act (No. 3) 1930–1951 are repealed and the following sections inserted in their stead:—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 and, on or after the seventh day of August, One thousand nine hundred and fifty-two, sold by a taxpayer not being either the manufacturer of those goods or a purchaser of those goods from the manufacturer.
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—33⅓ 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—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 The sales tax imposed by the provisions repealed by this Act upon the sale value of goods manufactured in Australia and, on or after the twenty-seventh day of September, One thousand nine hundred and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 a taxpayer, not being either the manufacturer of those goods or a purchaser of those goods from the manufacturer, continues to be imposed as if those provisions had not been repealed.
Overview
The Sales Tax (No. 3) Act 1952, enacted by the Commonwealth Parliament, is an amendment to the Sales Tax Act (No. 3) 1930–1951, designed to address discrepancies and update the rates of sales tax for various categories of goods. This Act was introduced to rectify the need for updated tax rates and classifications in response to changing economic conditions and the necessity for a more accurate and equitable tax structure. The Act was passed with the clear policy objective of ensuring the sales tax system remains effective and aligned with current economic needs. The Act came into operation on the seventh day of August, 1952, and it specifies new tax rates for different categories of goods, replacing those previously set by the earlier Act. This amendment ensures that the sales tax continues to be applied as intended, despite the repeal of previous provisions.
Scope and Application
The Sales Tax Act (No. 3) 1952 applies to the sale value of goods manufactured in Australia, with specific focus on transactions where the taxpayer is neither the manufacturer nor the original purchaser from the manufacturer. This Act governs the imposition of sales tax at specified rates on these transactions, effective from 7 August 1952. The Act applies to any entity or person engaged in the sale of such goods, and its reach is national, operating under the Commonwealth of Australia. However, certain goods are exempt from this tax as per the Second, Third, and Fourth Schedules to the Sales Tax (Exemptions and Classifications) Act 1935–1952, which may be further refined or detailed in subordinate instruments. This legislative framework ensures that sales tax is uniformly applied across the country, with particular attention to the classification and rate application based on the type of goods sold.
Key Provisions
The Sales Tax Act (No. 3) 1952 introduces amendments to the Sales Tax Act (No. 3) 1930–1951, primarily focusing on the imposition and rates of sales tax on certain goods. Section 3 of the Act imposes a sales tax on the sale value of goods manufactured in Australia and sold by a taxpayer who is neither the manufacturer nor the initial purchaser of those goods. This tax applies to sales occurring on or after 7 August 1952. The rates of sales tax are specified in Section 4, with varying percentages applied to different categories of goods as defined in the Sales Tax (Exemptions and Classifications) Act 1935–1952.
The Act outlines specific obligations for taxpayers involved in the sale of goods. For instance, those who sell goods manufactured in Australia, but are not the manufacturers or initial purchasers, must calculate the applicable sales tax based on the categories set out in the Sales Tax (Exemptions and Classifications) Act 1935–1952. This requires a detailed understanding of the classifications and the corresponding tax rates, which are 20%, 33⅓%, 50%, and 12½% for the respective schedules. Failure to correctly apply these rates may lead to compliance issues.
The Act does not explicitly outline offences, penalties, or civil/criminal consequences for breaches of its provisions. However, the implications of non-compliance can include financial penalties or legal actions for underpayment or misclassification of sales tax. It is essential for taxpayers to adhere to the stipulated rates and classifications to avoid potential repercussions, which may be pursued under broader tax legislation or administrative actions.