SALES TAX (No. 3).
No. 78 of 1964.
An Act to amend the Sales Tax Act (No. 3) 1930–1962.
[Assented to 5th November, 1964.]
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) 1964.
(2.) The Sales Tax Act (No. 3) 1930–1962, as amended by this Act, may be cited as the Sales Tax Act (No. 3) 1930–1964.
Commencement.
2. This Act shall be deemed to have come into operation on the twelfth day of August, One thousand nine hundred and sixty-four.
3. Sections three and four of the Sales Tax Act (No. 3) 1930–1962 are repealed and the following sections inserted in their stead:—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 twelfth day of August, One thousand nine hundred and sixty-four, 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 or Fifth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1963—25 per centum;
(b) in respect of goods covered by the Third Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1963—2½ per centum; and
(c) in respect of goods not covered by the Second, Third or Fifth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1963 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 The sales tax imposed by the provisions repealed by this Act upon the sale value of goods manufactured in Australia and, on or after the seventh day of February, One thousand nine hundred and sixty-two, and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goods or a purchaser of those goods from the manufacturer, continues to be imposed as if those provisions had not been repealed.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) 1964 was enacted to amend the Sales Tax Act (No. 3) 1930–1962, providing updated regulations regarding the imposition of sales tax on goods manufactured in Australia. This Act was assented to on 5 November 1964 by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, and it came into operation on 12 August 1964. The primary purpose of this legislation was to revise the rates and application of sales tax, ensuring that the tax is imposed on the sale value of goods manufactured in Australia and sold by a taxpayer who is neither the manufacturer nor a purchaser from the manufacturer, aligning with the current economic and fiscal policies of the time.
The Sales Tax Act (No. 3) 1964 specifies new tax rates, replacing the previous provisions and continuing to impose sales tax on goods manufactured in Australia and sold on or after 7 February 1962, before the commencement date of this Act. This legislative update reflects the need to refine fiscal measures to better suit the evolving economic landscape of Australia, ensuring the sales tax regime remains effective and equitable.
Scope and Application
The Sales Tax Act (No. 3) 1964 amends the Sales Tax Act (No. 3) 1930–1962, imposing sales tax on the sale value of goods manufactured in Australia and sold by a taxpayer who is neither the manufacturer nor a purchaser from the manufacturer, effective from August 12, 1964. The tax applies to transactions involving goods not covered by specific exemptions listed in the Sales Tax (Exemptions and Classifications) Act 1935–1963, with rates varying between 2.5%, 12.5%, and 25% depending on the classification of the goods. This legislation operates at the Commonwealth level and applies to all entities and individuals involved in the sale of manufactured goods within Australia, excluding those explicitly exempted by the Sales Tax (Exemptions and Classifications) Act 1935–1963. The Act does not specify exclusions beyond those outlined in the referenced classification act, and its application can be further detailed through subordinate instruments.
Key Provisions
The Sales Tax (No. 3) Act 1964 introduces specific provisions regarding the imposition of sales tax on the sale value of goods manufactured in Australia. According to section 3, sales tax is levied at the rates specified in section 4, applicable to the sale value of goods manufactured in Australia and sold by a taxpayer who is neither the manufacturer nor the purchaser from the manufacturer, on or after the specified date of 12th August 1964. The rates of sales tax are outlined in section 4, categorising goods into different schedules of the Sales Tax (Exemptions and Classifications) Act 1935–1963. Specifically, goods covered by the Second or Fifth Schedule are taxed at 25%, those covered by the Third Schedule are taxed at 2½%, and goods not covered by these schedules, where no exemption is provided, are taxed at 12½%.
The Act imposes several obligations on taxpayers involved in the sale of goods. Section 3 clearly delineates the scope of the sales tax, ensuring that only certain sales are taxed. This includes the necessity for taxpayers to determine if they are the manufacturer or a direct purchaser from the manufacturer to ascertain their tax obligations. Furthermore, section 4 mandates that the tax rates be adhered to based on the classification of the goods being sold. Taxpayers must correctly classify the goods according to the schedules specified in the Sales Tax (Exemptions and Classifications) Act 1935–1963 to ensure the appropriate tax rate is applied.
Breaches of the provisions outlined in the Act can lead to civil and criminal consequences. Although the specific penalties are not detailed in the provided text, it is understood that failure to comply with the sales tax requirements could result in legal action. This may include fines, penalties, or other civil remedies imposed by the relevant authorities. In cases of intentional or fraudulent non-compliance, criminal charges could be pursued, leading to more severe penalties. It is essential for taxpayers to understand and comply with the Act to avoid these potential consequences.