SALES TAX (No. 6).
No. 81 of 1964.
An Act to amend the Sales Tax Act (No. 6) 1930–1962.
[Assented to 5th November, 1964.]
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) 1964.
(2.) The Sales Tax Act (No. 6) 1930–1962, as amended by this Act, may be cited as the Sales Tax Act (No. 6) 1930–1964.
Commencement.
2. This Act shall be deemed to have come into operation on the twelfth day of August, One thousand nine hundred and sixty-four.
3. Sections three and four of the Sales Tax Act (No. 6) 1930–1962 are repealed and the following sections inserted in their stead:—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 twelfth day of August, One thousand nine hundred and sixty-four, 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 or Fifth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1963—25 per centum;
(b) in respect of goods covered by the Third Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1963—2½ per centum; and
(c) in respect of goods not covered by the Second, Third or Fifth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1963 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 The sales tax imposed by the provisions repealed by this Act upon the sale value of goods imported into Australia by a taxpayer and, on or after the seventh day of February, One thousand nine hundred and sixty-two, 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of this Act, sold by him or applied by him to his own use continues to be imposed as if those provisions had not been repealed.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 Act (No. 6) 1964 was enacted to amend the existing Sales Tax Act (No. 6) 1930–1962, addressing the need for updated tax rates and classifications to align with economic changes and policy objectives. This Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, with the specific intent to modify the sales tax rates and their application to imported goods. By updating the sales tax rates and ensuring continuity for goods imported before the Act's commencement, the legislation aimed to maintain a fair and effective taxation system that supports broader economic policies.
Scope and Application
The Sales Tax Act (No. 6) 1964 applies to the sale value of goods imported into Australia by a taxpayer and sold by them or applied to their own use on or after the twelfth day of August, 1964. This Act amends the Sales Tax Act (No. 6) 1930–1962, effectively updating the sales tax imposed on the sale value of imported goods. The tax rates are categorised based on the classification of goods as per the Sales Tax (Exemptions and Classifications) Act 1935–1963, with specific percentages applied to goods listed in the Second, Third, or Fifth Schedules. Goods not covered by these schedules and not explicitly exempted by the Sales Tax (Exemptions and Classifications) Act 1935–1963 are subject to a sales tax of 12½ per cent. This Act has a national jurisdictional reach as it is enacted by the Commonwealth of Australia, impacting taxpayers across the country. The Act does not introduce new exclusions or exemptions beyond those specified in the Sales Tax (Exemptions and Classifications) Act 1935–1963. The application of the Act may be extended or restricted through subordinate instruments, such as regulations or amendments, as deemed necessary by the governing authorities.
Key Provisions
The Sales Tax Act (No. 6) 1964 amends the Sales Tax Act (No. 6) 1930–1962, introducing new rates and provisions for sales tax on goods imported into Australia. According to section 3, sales tax is imposed on the sale value of goods imported into Australia by a taxpayer, as well as on goods sold or applied to the taxpayer's own use on or after 12 August 1964. The tax rates are specified in section 4, with a 25% tax on goods covered by the Second or Fifth Schedule of the Sales Tax (Exemptions and Classifications) Act 1935–1963, a 2.5% tax on goods covered by the Third Schedule, and a 12.5% tax on goods not covered by the aforementioned schedules and not exempted by the Sales Tax (Exemptions and Classifications) Act 1935–1963.
The Act imposes specific obligations on taxpayers, requiring them to pay sales tax on the sale value of imported goods and those applied to their own use. It is crucial that taxpayers accurately classify the goods according to the schedules mentioned in the Act to determine the appropriate tax rate. Moreover, section 4 ensures that the sales tax imposed by the repealed provisions on goods sold or applied to use before the Act's commencement continues to apply.
Breaches of the Act may result in legal consequences, including penalties. While the Act does not explicitly state penalties for non-compliance, it is reasonable to infer that penalties may apply under existing tax legislation, such as the Crimes Act 1914 or the Taxation Administration Act 1953. These penalties could include fines, imprisonment, or both, depending on the severity and intent of the breach. The exact penalties would be determined by the relevant courts when adjudicating on cases of non-compliance.