SALES TAX (No. 6).
No. 77 of 1957.
An Act to amend the Sales Tax Act (No. 6) 1930-1956.
[Assented to 12th December, 1957.]
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) 1957.
(2.) The Sales Tax Act (No. 6) 1930–1956, as amended by this Act, may be cited as the Sales Tax Act (No. 6) 1930–1957.
Commencement.
2. This Act shall be deemed to have come into operation on the fourth day of September, One thousand nine hundred and fifty-seven.
3. Sections three and four of the Sales Tax Act (No. 6) 1930–1956 are repealed and the following sections inserted in their stead:—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 fourth day of September, One thousand nine hundred and fifty-seven, 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 1935–1957—25 per centum;
(b) in respect of goods covered by the Third Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1957—8⅓ per centum;
(c) in respect of goods covered by the Fourth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1957—16⅔ per centum;
(d) in respect of goods covered by the Fifth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1957—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 1935–1957 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—per 12½ 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 The sales tax imposed by the provisions repealed by this Act upon the sale value of goods imported into Australia by a taxpayer and, on or after the fifteenth day of March, One thousand nine hundred and fifty-six, 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of this Act, sold by him or applied by him to his own use continues to be imposed as if those provisions had not been repealed.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 1957 was enacted to amend the Sales Tax Act (No. 6) 1930-1956. This Act was introduced to address the need to adjust the rates and structure of sales tax to better align with economic conditions and revenue requirements of the Commonwealth. Enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, this legislation sought to ensure the tax system was both efficient and reflective of current economic realities. The policy objective was to revise the tax rates and the application of sales tax on various categories of goods, providing a more structured approach to taxation on imported goods and their subsequent sale or use within Australia.
Scope and Application
The Sales Tax Act (No. 6) 1957 applies to the sale value of goods imported into Australia by a taxpayer and sold or applied to their own use on or after the fourth day of September, 1957. The Act imposes sales tax at various rates on different categories of goods as specified in the Sales Tax (Exemptions and Classifications) Act 1935–1957. The tax applies to goods covered by the Second, Third, Fourth, and Fifth Schedules of that Act, with specific rates of 25%, 8⅓%, 16⅔%, and 30% respectively, and a general rate of 12½% for goods not covered by the schedules or for which no exemption is provided. This Act amends the Sales Tax Act (No. 6) 1930–1956, repealing certain sections and introducing new rates and provisions. The sales tax imposed by the repealed provisions on goods sold between March 15, 1956, and the commencement date of this Act continues to apply as if those provisions had not been repealed. The Act has a national reach, applying throughout Australia and is subject to modification through subordinate instruments which may define further classifications, exemptions, or thresholds.
Key Provisions
The Sales Tax Act (No. 6) 1957 amends the Sales Tax Act (No. 6) 1930–1956 by repealing sections three and four and replacing them with new provisions concerning the imposition of sales tax and the rates at which it applies (section 3). This Act imposes sales tax on the sale value of goods imported into Australia by a taxpayer and sold by them or applied to their own use on or after 4 September 1957 (section 3). The rates of sales tax are set out in section four of the Act, varying according to the category of goods as specified in the Sales Tax (Exemptions and Classifications) Act 1935–1957 (section 4). The Act ensures that sales tax imposed by repealed provisions continues to apply to goods sold between 15 March 1956 and the commencement of this Act (section 4).
The Act imposes an obligation on taxpayers to calculate and remit sales tax on the sale value of imported goods according to the rates specified. This includes ensuring that the correct rate of tax is applied based on the classification of the goods as outlined in the Sales Tax (Exemptions and Classifications) Act 1935–1957. Taxpayers must maintain accurate records of their imports, sales, and the applicable tax rates to ensure compliance with the Act. Additionally, the Act requires taxpayers to declare and pay the sales tax due in a timely manner, as stipulated by the relevant tax authorities.
Failure to comply with the obligations imposed by the Sales Tax Act (No. 6) 1957 can result in penalties. The Act does not specify the exact nature of these penalties, but under general tax legislation, non-compliance could lead to fines, interest on unpaid taxes, and potentially legal action. The severity of the penalties would depend on the extent and nature of the non-compliance, but they are intended to ensure adherence to the tax laws and the proper collection of sales tax revenue.