SALES TAX (No. 6).
No. 94 of 1960.
An Act to amend the Sales Tax Act (No. 6) 1930-1957.
[Assented to 14th December, 1960]
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) 1960.
(2.) The Sales Tax Act (No. 6) 1930-1957, as amended by this Act, may be cited as the Sales Tax Act (No. 6) 1930-1960.
Commencement.
2. This Act shall be deemed to have come into operation on the sixteenth day of November; One thousand nine hundred and sixty.
3 Sections three and four of the Sales Tax Act (No. 6) 1930-1957 are repealed and the following sections inserted in their stead:—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 sixteenth day of November, One thousand nine hundred and sixty, 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 1935-1960—25 per centum;
(b) in respect of goods covered by the Third Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1960—8⅓ per centum;
(c) in respect of goods covered by the Fourth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1960—16⅔ per centum;
(d) in respect of goods covered by the Fifth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1960—40 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 1935-1960 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 The sales tax imposed by the provisions repealed by this Act upon the sale value of goods imported into Australia by a taxpayer and, on or after the fourth day of September, One thousand nine hundred and fifty-seven, 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of this Act, sold by him or applied by him to his own use continues to be imposed as if those provisions had not been repealed.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 1960 was enacted to amend the existing Sales Tax Act (No. 6) 1930-1957, addressing the need for updates to the sales tax structure within Australia. This Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia on 14 December 1960. The primary objective of this legislation was to revise the sales tax rates applicable to different categories of goods and to ensure the continuity of tax imposition on certain goods despite the repeal of previous provisions. This Act aims to streamline and clarify the sales tax framework, thereby enhancing the efficiency of the taxation system.
Scope and Application
The Sales Tax Act (No. 6) 1960 applies to taxpayers who import goods into Australia and subsequently sell or apply these goods to their own use, commencing from the specified date of 16th November 1960. The tax imposed is on the sale value of such goods, and the rates are differentiated based on classifications outlined in the Sales Tax (Exemptions and Classifications) Act 1935-1960, with specific percentages ranging from 40% to 8⅓%. This legislation does not detail explicit exclusions or exemptions beyond those provided in the accompanying schedules, and it does not specify geographic limitations beyond its application within Australia. The Act extends its application through the referenced schedules and subordinate instruments which classify and exempt certain goods, thus providing a framework for determining the applicability of the tax rates. The savings provision ensures continuity of tax obligations for transactions occurring between the repeal of the previous Act and the commencement of this Act.
Key Provisions
The Sales Tax Act (No. 6) 1960 introduces a revised sales tax regime applicable to the sale value of goods imported into Australia by a taxpayer and sold or used by them on or after the specified commencement date. Section 3 states that sales tax is imposed at specific rates on the sale value of imported goods, while Section 4 outlines the rates of this tax. These rates vary depending on the classification of goods as per the Sales Tax (Exemptions and Classifications) Act 1935-1960, with percentages ranging from 8⅓ per centum to 40 per centum.
The Act mandates that taxpayers must adhere to the specified rates when calculating and paying sales tax on the sale or use of imported goods. It requires precise classification of goods according to the schedules in the Sales Tax (Exemptions and Classifications) Act 1935-1960 to determine the applicable tax rate. Taxpayers must ensure that the correct tax rate is applied to the sale value of the goods and that the sales tax is paid in accordance with the stipulated rates.
Failure to comply with the requirements set out in the Sales Tax Act (No. 6) 1960 may result in penalties. Although the Act does not explicitly state penalties, breaches of tax laws generally carry civil or criminal consequences. For instance, under general tax laws, penalties may include fines or imprisonment, depending on the severity and intent of the breach. The maximum penalties for tax-related offences can vary, but they often involve significant fines and potential imprisonment for serious or repeated violations.