SALES TAX (No. 3).
No. 8 of 1956.
An Act to amend the Sales Tax Act (No. 3) 1930–1954.
[Assented to 12th May, 1956.]
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) 1956.
(2.) The Sales Tax Act (No. 3) 1930–1954, as amended by this Act, may be cited as the Sales Tax Act (No. 3) 1930–1956.
Commencement.
2. This Act shall be deemed to have come into operation on the fifteenth day of March, One thousand nine hundred and fifty-six.
3. Sections three and four of the Sales Tax Act (No. 3) 1930–1954 are repealed and the following sections inserted in their stead:—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 fifteenth day of March, One thousand nine hundred and fifty-six, 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 1935–1956—25 per centum;
(b) in respect of goods covered by the Third Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1956—10 per centum;
(c) in respect of goods covered by the Fourth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1956—16 per centum;
(d) in respect of goods covered by the Fifth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1956—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 1935–1956 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 The sales tax imposed by the provisions repealed by this Act upon the sale value of goods manufactured in Australia and, on or after the nineteenth day of August, One thousand nine hundred and fifty-four, and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goods or a purchaser of those goods from the manufacturer, continues to be imposed as if those provisions had not been repealed.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 Act (No. 3) 1956 was enacted to amend the Sales Tax Act (No. 3) 1930–1954, aiming to address the need for updated tax regulations on sales of goods. This Act was assented to on 12th May, 1956, by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of this legislation was to impose sales tax at specific rates 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, effective from 15th March, 1956. The tax rates vary depending on the classification of goods as outlined in the Sales Tax (Exemptions and Classifications) Act 1935–1956, with provisions to continue imposing sales tax on goods sold between 19th August, 1954, and the commencement date of this Act.
Scope and Application
The Sales Tax Act (No. 3) 1956 amends the existing Sales Tax Act (No. 3) 1930–1954, introducing new provisions for the imposition and rates of sales tax on goods manufactured in Australia and sold by taxpayers who are neither the manufacturer nor the initial purchaser from the manufacturer. This Act applies to transactions involving the sale of goods occurring on or after 15th March 1956. The rates of sales tax are categorised based on the type of goods as specified in the Sales Tax (Exemptions and Classifications) Act 1935–1956, with the rates ranging from 10% to 30%, and a default rate of 12.5% for goods not listed in the specified schedules. The Act also preserves the sales tax obligations for transactions that occurred before the commencement of this Act but after 19th August 1954.
Key Provisions
The Sales Tax Act (No. 3) 1956 introduces amendments to the Sales Tax Act (No. 3) 1930–1954, specifically targeting the imposition of tax and the rates applicable. Section 3 of the Act imposes sales tax on the sale value of goods manufactured in Australia and sold by a taxpayer who is neither the manufacturer nor a purchaser of those goods from the manufacturer. The tax is to be applied as of 15 March 1956. Section 4 specifies the rates of sales tax, with different percentages applied based on the classification of the goods under the Sales Tax (Exemptions and Classifications) Act 1935–1956. These rates range from 10 per centum to 30 per centum, depending on the category of goods.
The Act outlines several obligations and requirements for parties subject to its provisions. Taxpayers must ensure they are aware of the classifications of the goods they are selling to correctly apply the appropriate sales tax rate. Furthermore, they must keep accurate records and documentation related to the sales of goods, ensuring compliance with the specified tax rates. This includes maintaining records that can substantiate the sale value of goods and their classification under the Sales Tax (Exemptions and Classifications) Act 1935–1956.
In terms of consequences for non-compliance, while the Act does not explicitly outline offences, penalties, or civil/criminal consequences within the provided text, it is customary under Australian law that failure to comply with tax obligations can lead to penalties. These penalties could include fines, interest on unpaid tax, and potentially legal action if the breach is severe or persistent. The exact penalties would typically be detailed in other relevant legislation or administrative guidelines.