SALES TAX (No. 5).
No. 49 of 1952.
An Act to amend the Sales Tax Act (No. 5) 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. 5) 1952.
(2.) The Sales Tax Act (No. 5) 1930–1951, as amended by this Act, may be cited as the Sales Tax Act (No. 5) 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 Sections three and four of the Sales Tax Act (No. 5) 1930–1951 are repealed and the following sections inserted in their stead:—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 imported into Australia on or after the seventh day of August, One thousand nine hundred and fifty-two, by a taxpayer.
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 The sales tax imposed by the provisions repealed by this Act upon the sale value of goods imported into Australia by a taxpayer on or after the twenty-seventh day of September, One thousand nine hundred and fifty-one, and before the date of commencement of this Act continues to be imposed as if those provisions had not been repealed.
Overview
The Sales Tax (No. 5) Act 1952 was enacted to amend the Sales Tax Act (No. 5) 1930–1951, addressing the need for updates to the sales tax rates and structure. This Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, aiming to streamline and modernise the existing sales tax regime. The policy objective behind this Act was to provide a more efficient and effective means of collecting sales tax, ensuring that the tax system remained fair and reflective of contemporary economic conditions. The Act came into operation on the seventh day of August, 1952, replacing previous sections with new provisions that specified different tax rates for various categories of goods, thereby ensuring a more nuanced approach to taxation based on the type of goods being sold.
Scope and Application
The Sales Tax Act (No. 5) 1952 applies to the sale value of goods imported into Australia by a taxpayer on or after the seventh day of August, 1952. This Act imposes sales tax at specified rates on these sales, with the tax rates varying based on the classification of goods as outlined in the Sales Tax (Exemptions and Classifications) Act 1935–1952. The Act applies to any person or entity acting as a taxpayer involved in the importation of goods into Australia. The jurisdictional reach of the Act is at the Commonwealth level, meaning it applies across the entire nation, though its application is limited to the sale value of imported goods. Any sales tax imposed by repealed provisions of the earlier Act on goods imported between the twenty-seventh day of September, 1951, and the date of commencement of this Act, continues to apply as if the provisions had not been repealed. The Act does not explicitly mention any exclusions, exemptions, or thresholds beyond those outlined in the Sales Tax (Exemptions and Classifications) Act 1935–1952. Subordinate instruments may further extend or restrict the application of this Act by detailing classifications and specific rates of tax applicable to various goods.
Key Provisions
The Sales Tax Act (No. 5) 1952 amends the existing Sales Tax Act (No. 5) 1930–1951, introducing new provisions on the imposition and rates of sales tax. The act specifies that sales tax is imposed on the sale value of goods imported into Australia by a taxpayer on or after 7 August 1952 (section 3). The rates of sales tax are set at 20%, 33⅓%, 50%, and 12½% depending on the classification of the goods, as outlined in the Sales Tax (Exemptions and Classifications) Act 1935–1952 (section 4).
The Act imposes specific obligations on taxpayers to calculate and pay the appropriate sales tax based on the value and classification of imported goods. The classification of goods and the applicable tax rates are determined according to the schedules in the Sales Tax (Exemptions and Classifications) Act 1935–1952. Taxpayers must ensure they adhere to these classifications and rates when reporting and paying sales tax.
Failure to comply with the requirements of this Act can result in penalties. While the exact penalties are not specified in the text, it is implied that non-compliance could lead to enforcement actions, fines, or other legal consequences. The seriousness of the penalties would depend on the nature and extent of the breach, as well as any subsequent legal proceedings.