SALES TAX (No. 7).
No. 70 of 1951.
An Act to amend the Sales Tax Act (No. 7) 1930-1950.
[Assented to 11th December, 1951.]
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. 7) 1951.
(2.) The Sales Tax Act (No. 7) 1930-1950, as amended by this Act, may be cited as the Sales Tax Act (No. 7) 1930-1951.
Commencement.
2. This Act shall be deemed to have come into operation on the twenty-seventh day of September, One thousand nine hundred and fifty-one.
3. Sections three and four of the Sales Tax Act (No. 7) 1930-1950 are repealed and the following sections inserted in their stead:—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 and, on or after the twenty-seventh day of September, One thousand nine hundred and fifty-one, sold by a taxpayer not being the importer of the goods.
Rates of tax.
“4. The rates of the sales tax are—
(a) in respect of goods covered by the Second Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1951—20 per centum;
(b) in respect of goods covered by the Third Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1951—25 per centum;
(c) in respect of goods covered by the Fourth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1951—33⅓ per centum;
(d) in respect of goods covered by the Fifth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1951— 50 per centum;
(e) in respect of goods covered by the Sixth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1951—66⅔ per centum; and
(f) in respect of goods not covered by the Second, Third, Fourth, Fifth or Sixth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1951 and on the sale value of which it is not provided by that Act that sales tax 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 The sales tax imposed by the provisions repealed by this Act upon the sale value of goods imported into Australia and, on or after the thirteenth day of October, One thousand nine hundred and fifty, and before the date of commencement of this Act, sold by a taxpayer, not being the importer of the goods, continues to be imposed as if those provisions had not been repealed.
Overview
The Sales Tax (No. 7) Act 1951 was enacted to amend the Sales Tax Act (No. 7) 1930-1950, responding to a need for updated tax regulations on imported goods. This Act was introduced by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary policy objective of this Act was to revise the rates and application of sales tax on various categories of imported goods, ensuring the tax structure remained effective and relevant. The Act specifically aimed to replace outdated provisions with more precise tax rates and categories, thus maintaining a balanced and fair approach to taxation on imported goods.
Scope and Application
The Sales Tax Act (No. 7) 1951 applies to the imposition of sales tax on the sale value of goods imported into Australia and sold by a taxpayer who is not the importer of the goods, effective from the twenty-seventh day of September, 1951. This Act amends the Sales Tax Act (No. 7) 1930-1950, continuing to impose sales tax on goods that fall under specific schedules detailed in the Sales Tax (Exemptions and Classifications) Act 1935-1951, with varying tax rates ranging from 12½ per cent to 66⅔ per cent depending on the classification of the goods. The Act retains the sales tax previously imposed on goods sold after the thirteenth day of October, 1950, and before the commencement date of this Act. This Act operates nationally across Australia, applying to all entities involved in the sale of imported goods, thereby ensuring a consistent application of sales tax throughout the Commonwealth.
Key Provisions
The Sales Tax (No. 7) Act 1951 primarily modifies the Sales Tax Act (No. 7) 1930-1950, introducing new rates and schedules for the imposition of sales tax on goods. Section 3 establishes the imposition of sales tax at specified rates on the sale value of goods imported into Australia and sold by a taxpayer who is not the importer, effective from 27th September 1951. Section 4 outlines the rates of sales tax, varying between 12½ per centum and 66⅔ per centum depending on the classification of the goods as per the schedules of the Sales Tax (Exemptions and Classifications) Act 1935-1951.
The Act imposes obligations on taxpayers to accurately determine the applicable tax rates based on the classification of goods and to account for these rates in their sales transactions. It also requires taxpayers to ensure compliance with the tax rates set forth by the Act and to maintain records that substantiate the tax calculations. Furthermore, the Act mandates that the sales tax imposed by the repealed provisions shall continue to apply as if those provisions had not been repealed, ensuring continuity in tax obligations.
Breaches of the Act's provisions can result in civil and criminal consequences. Civil penalties may include fines, and in severe cases, criminal penalties could apply. The maximum penalties are not explicitly stated in the provided excerpt but would typically be detailed in the broader legislation or in associated regulations. Compliance with the Act is crucial to avoid these penalties and to maintain the legal standing of the entities involved in the sales transactions.