SALES TAX (No. 7).
No. 8 of 1961.
An Act to amend the Sales Tax Act (No. 7) 1930–1960.
[Assented to 4th May, 1961.]
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. 7) 1961.
(2.) The Sales Tax Act (No. 7) 1930–1960, as amended by this Act, may be cited as the Sales Tax Act (No. 7) 1930–1961.
Commencement.
2. This Act shall be deemed to have come into operation on the twenty-second day of February, One thousand nine hundred and sixty-one.
3. Sections three and four of the Sales Tax Act (No. 7) 1930–1960 are repealed and the following sections inserted in their stead:—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-second day of February, One thousand nine hundred and sixty-one, sold by a taxpayer not being the importer of the goods.
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 1935–1961—25 per centum;
(b) in respect of goods covered by the Third Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1961—8⅓ per centum;
(c) in respect of goods covered by the Fourth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1961—16⅔ per centum;
(d) in respect of goods covered by the Fifth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1961—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 1935–1961 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 The sales tax imposed by the provisions repealed by this Act upon the sale value of goods imported into Australia and, on or after the sixteenth day of November, One thousand nine hundred and sixty, and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sold by a taxpayer, not being the importer of the goods, continues to be imposed as if those provisions had not been repealed.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 Act (No. 7) 1961 was enacted to amend the Sales Tax Act (No. 7) 1930–1960, addressing the need to update and refine the existing sales tax regime. Enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, this Act aimed to impose a 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 22 February 1961. The policy objective of this Act was to adjust the rates of sales tax to ensure a fair and updated taxation system that aligns with economic conditions and fiscal requirements. By replacing specific sections of the 1930–1960 Act, it sought to streamline the sales tax imposition process, reflecting the changing economic landscape of the time.
Scope and Application
The Sales Tax Act (No. 7) 1961 applies to sales of goods within Australia, specifically targeting the sale value of goods imported into Australia and sold by a taxpayer who is not the importer of the goods. The Act imposes sales tax at various rates, depending on the classification of the goods as specified in the Sales Tax (Exemptions and Classifications) Act 1935–1961. It is a Commonwealth Act and thus operates nationally, imposing its requirements on all taxpayers who sell imported goods within Australia. The Act does not explicitly exclude any particular entities or industries, but certain goods may be exempt from sales tax as per the classifications in the related 1935–1961 Act. The application of the Act may be further defined or modified through subordinate instruments, which can provide additional details or exceptions to the primary provisions.
Key Provisions
The Sales Tax Act (No. 7) 1961 introduces specific sections that impose and detail the rates of sales tax on goods imported into Australia. Section 3 establishes that sales tax is applied at specified rates to the sale value of goods imported into Australia and sold by a taxpayer who is not the importer of the goods, effective from February 22, 1961. Section 4 specifies the rates of sales tax, which range from 8⅓ per centum to 30 per centum depending on the classification of the goods as listed in various schedules of the Sales Tax (Exemptions and Classifications) Act 1935–1961. It also includes a default rate of 12½ per centum for goods not specifically listed in these schedules.
The Act imposes several obligations on the parties it governs. Firstly, it requires taxpayers, specifically those selling imported goods who are not the importers themselves, to account for and remit sales tax on the sale value of these goods at the rates specified in Section 4. This obligation extends to ensuring that all applicable tax rates are correctly calculated and paid. Additionally, the Act mandates that the sales tax imposed by repealed provisions prior to the Act's commencement continues to apply as if those provisions had not been repealed, as stated in Section 4.
Failure to comply with the provisions of the Sales Tax Act (No. 7) 1961 can result in various legal consequences. Although the text does not specify the exact nature of these consequences, it is likely that non-compliance could lead to civil or criminal penalties, depending on the severity and intent of the breach. Given the historical context, penalties may have included fines or other financial sanctions, reflecting the seriousness with which tax obligations were treated. The precise penalties would typically be detailed in related tax administration laws or regulations.