SALES TAX (No. 6).
No. 36 of 1931.
An Act to amend the Sales Tax Act (No. 6) 1930.
[Assented to 10th August, 1931.]
BE it enacted by the King’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. 6) 1931.
(2.) The Sales Tax Act (No. 6) 1930 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Sales Tax Act (No. 6) 1930-1931.
Commencement.
2. This Act shall be deemed to have commenced on the eleventh day of July, One thousand nine hundred and thirty-one.
Incorporation.
3. Section two of the Principal Act is amended by omitting the figures “1930” and inserting in their stead the figures “1930-1931”.
Imposition of tax.
4. Section three of the Principal Act is amended by omitting the words “and sold by a taxpayer who imported those goods” and inserting in their stead the words “,which are sold, before the eleventh day of July, One thousand nine hundred and thirty-one, by a taxpayer who imported those goods, and at the rate of six per centum upon the sale value of goods imported into Australia, which are sold, on or after that date, by a taxpayer who imported those goods”.
Overview
The Sales Tax Act (No. 6) 1931, enacted by the Commonwealth Parliament, was introduced to amend the Sales Tax Act (No. 6) 1930. This amendment aimed to address issues related to the imposition of sales tax on imported goods. The Act, which received royal assent on 10th August 1931 and commenced on 11th July 1931, modifies the existing legislation to include a tax rate of six per centum on the sale value of goods imported into Australia and sold by a taxpayer, with a specific differentiation between goods sold before and on or after the commencement date. The principal objective of this amendment was to clarify and adjust the tax implications for imported goods, ensuring a consistent and fair application of the sales tax.
Scope and Application
The Sales Tax Act (No. 6) 1931, as amended by this Act, applies to transactions involving the sale of goods in Australia. Specifically, it pertains to taxpayers who import goods into Australia and then sell those goods, whether before or after the commencement date of the Act on 11 July 1931. The Act imposes a sales tax at the rate of six per centum on the sale value of such goods. The amended Act now explicitly references the inclusion of the 1931 amendments in its citation, thereby extending its scope to encompass sales occurring after the specified date. The jurisdictional reach of this Act is national, applying throughout the Commonwealth of Australia. There are no stated exclusions, exemptions, or thresholds within the text provided. The application of this Act may be further defined or expanded through subordinate instruments, although such details are not provided in the excerpt.
Key Provisions
The Sales Tax Act (No. 6) 1931 primarily serves to amend the Sales Tax Act (No. 6) 1930, introducing modifications to the imposition of tax on imported goods. Specifically, Section 4 of the Act amends Section 3 of the Principal Act by changing the rate of tax and the applicable period for goods sold by taxpayers who imported them. Before 11th July 1931, the tax was levied on goods imported and sold by a taxpayer, whereas after this date, the tax rate is adjusted to six per centum of the sale value for goods sold on or after this date by the same taxpayer. The Act also ensures the Principal Act is referred to as the Sales Tax Act (No. 6) 1930-1931, reflecting its amended status.
The amended Act imposes specific obligations on taxpayers involved in the import and sale of goods. Primarily, these taxpayers must ensure they adhere to the new tax rates as stipulated in Section 4. For goods imported and sold before 11th July 1931, the existing tax regime applies, while for those sold on or after this date, the six per centum tax rate must be calculated based on the sale value of the goods. This requirement necessitates that taxpayers maintain accurate records of the dates of importation and sale, as well as the sale values of the goods to correctly apply the tax provisions.
Breaches of the provisions in the Sales Tax Act (No. 6) 1931 can lead to civil or criminal consequences. While the specific offences and penalties are not detailed within the excerpt, it is common under such legislation for non-compliance to result in fines or other penalties as prescribed by the relevant authorities. The penalties can range from financial penalties to potential legal actions against the non-compliant parties. It is imperative for taxpayers to ensure they adhere to the amended tax rates and reporting requirements to avoid any legal repercussions.