SALES TAX (No. 4).
No. 49 of 1954.
An Act to amend the Sales Tax Act (No. 4) 1930-1953.
[Assented to 6th November, 1954.]
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. 4) 1954.
(2.) The Sales Tax Act (No. 4) 1930-1953, as amended by this Act, may be cited as the Sales Tax Act (No. 4) 1930-1954.
Commencement.
2. This Act shall be deemed to have come into operation on the nineteenth day of August, One thousand nine hundred and fifty-four.
3. Sections three and four of the Sales Tax Act (No. 4) 1930-1953 are repealed and the following sections inserted in their stead:—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 sold to a taxpayer who has, on or after the nineteenth day of August, One thousand nine hundred and fifty-four, applied those goods 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 1935-1954—16⅔ per centum;
(b) in respect of goods covered by the Third Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1954—10 per centum; and
(c) in respect of goods not covered by the Second or Third Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1954 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 The sales tax imposed by the provisions repealed by this Act upon the sale value of goods manufactured in Australia and sold to a taxpayer who has, on or after the tenth day of September, One thousand nine hundred and fifty-three, and before the date of commencement of this Act, applied those goods to his own use continues to be imposed as if those provisions had not been repealed.
Overview
The Sales Tax Act (No. 4) 1954 was enacted to amend the Sales Tax Act (No. 4) 1930-1953, addressing specific concerns and updating the tax rates and structures related to sales tax. This Act was assented to on 6th November, 1954, and was brought into operation on 19th August, 1954. The enacting body for this legislation was the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of this Act was to revise the sales tax rates for goods manufactured in Australia and sold to taxpayers who used those goods for their own purposes, ensuring the tax framework remained current and reflective of economic conditions at the time.
Scope and Application
The Sales Tax Act (No. 4) 1954 applies to sales of goods manufactured in Australia that are sold to taxpayers who have applied those goods to their own use on or after the specified date. This Act modifies the Sales Tax Act (No. 4) 1930-1953 by imposing sales tax at specified rates on such sales, with the rates differentiated according to the classification of goods listed in the Second and Third Schedules of the Sales Tax (Exemptions and Classifications) Act 1935-1954. Specifically, the tax rates are set at 16⅔ per centum for goods covered by the Second Schedule, 10 per centum for those in the Third Schedule, and 12½ per centum for goods not listed in these schedules and not exempted by the Sales Tax (Exemptions and Classifications) Act 1935-1954. This Act extends to the entire Commonwealth of Australia and takes effect from 19 August 1954. The application of sales tax to goods sold prior to the commencement of this Act is preserved, ensuring continuity in tax obligations for those taxpayers.
Key Provisions
The Sales Tax (No. 4) Act 1954 primarily amends the Sales Tax Act (No. 4) 1930-1953 by altering the imposition and rates of sales tax on goods manufactured in Australia. The Act specifies that sales tax is imposed at certain rates (Section 3) on the sale value of goods used by the purchaser (a taxpayer) on or after the specified date. The rates of the sales tax are detailed in Section 4, with different percentages applied depending on the classification of the goods as per the Second and Third Schedules of the Sales Tax (Exemptions and Classifications) Act 1935-1954.
This Act imposes several obligations on the parties governed by it. Firstly, it mandates that sales tax must be applied to the sale value of goods manufactured in Australia, with the tax rate varying according to the classification of the goods (Section 4). The legislation also stipulates that sales tax imposed by the repealed provisions on sales before the commencement of this Act continues to apply (Section 4). Additionally, taxpayers must ensure that the goods they purchase and use are correctly classified under the applicable schedules to determine the correct tax rate.
Failure to comply with the provisions of this Act can result in civil or criminal penalties. The specific offences and their penalties are not explicitly stated in the text provided; however, breaches of tax laws generally carry substantial penalties. Typically, such breaches can result in fines or imprisonment, with the severity of the penalty depending on the nature and extent of the breach. The maximum penalties would be determined by other relevant legislation governing tax enforcement in Australia.