SALES TAX (No. 6).
No. 11 of 1956.
An Act to amend the Sales Tax Act (No. 6) 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. 6) 1956.
(2.) The Sales Tax Act (No. 6) 1930–1954, as amended by this Act, may be cited as the Sales Tax Act (No. 6) 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 Sections three and four of the Sales Tax Act (No. 6) 1930–1954 are repealed and the following sections inserted in their stead:—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 imported into Australia by a taxpayer and, on or after the fifteenth day of March, One thousand nine hundred and fifty-six, sold by him or applied by him 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 1935–1956—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—16⅔ 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 The sales tax imposed by the provisions repealed by this Act upon the sale value of goods imported into Australia by a taxpayer and, on or after the nineteenth day of August, One thousand nine hundred and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of this Act, sold by him or applied by him to his own use continues to be imposed as if those provisions had not been repealed.
Overview
The Sales Tax (No. 6) Act 1956 was enacted to amend the existing Sales Tax Act (No. 6) 1930–1954, addressing the need to update and refine the tax structure on goods imported into Australia. This Act was assented to on 12th May 1956 and came into operation on 15th March 1956. It was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, signifying its legislative authority. The primary objective of this Act was to impose a sales tax on the sale value of goods imported into Australia by a taxpayer and sold or used by them on or after the specified commencement date. The Act introduced new rates of tax and repealed certain sections of the previous Act to align with updated economic and fiscal policies of the time.
Scope and Application
The Sales Tax Act (No. 6) 1956 applies to the imposition of sales tax on the sale value of goods imported into Australia by a taxpayer, with specific rates applicable depending on the type of goods. The act provides for the classification of goods according to different schedules, each with a specific rate of sales tax. This legislation is applicable across the Commonwealth of Australia, thereby extending its reach nationally. The act repeals certain sections of the Sales Tax Act (No. 6) 1930–1954 and introduces new rates and classifications effective from the date of commencement, which is the fifteenth day of March, 1956. The act does not specify any exclusions or exemptions in its primary text but refers to the Sales Tax (Exemptions and Classifications) Act 1935–1956 for detailed classifications and exemptions. The act also includes a saving provision ensuring continuity of sales tax imposition on goods sold by a taxpayer between the repeal date and the commencement date of this act.
Key Provisions
The Sales Tax (No. 6) Act 1956 amends the Sales Tax Act (No. 6) 1930–1954, introducing new rates and provisions for the imposition of sales tax on goods imported into Australia. Section 3 imposes sales tax at specified rates on the sale value of goods imported into Australia by a taxpayer and sold or applied to their own use on or after 15 March 1956. Section 4 outlines the rates of sales tax: 25% for goods covered by the Second Schedule, 10% for goods covered by the Third Schedule, 16⅔% for goods covered by the Fourth Schedule, 30% for goods covered by the Fifth Schedule, and 12½% for goods not covered by these schedules and not exempted by the Sales Tax (Exemptions and Classifications) Act 1935–1956. Despite the repeal of certain provisions, sales tax imposed before the Act's commencement continues to apply as if the repeal had not occurred, as per Section 4.
Entities and individuals subject to the Act must ensure compliance with the new rates and provisions. Taxpayers must calculate the sales tax based on the new rates and apply them to the sale value of goods imported and used or sold on or after 15 March 1956. The Act requires taxpayers to maintain accurate records and submit the appropriate tax payments within the specified timeframes. It is imperative for taxpayers to stay informed about the classifications of goods to correctly determine the applicable tax rates, as outlined in the Sales Tax (Exemptions and Classifications) Act 1935–1956.
Breaches of the Act may result in civil and criminal penalties. Non-compliance, such as failure to report taxable sales or incorrect calculation of sales tax, could lead to penalties as stipulated by the relevant tax authority. The Act does not explicitly state maximum penalties, but it is likely that penalties will align with those provided in broader tax legislation, which could include fines and, in severe cases, imprisonment. Accurate reporting and timely payment are crucial to avoid these consequences.