SALES TAX (No. 9).
No. 62 of 1953.
An Act to amend the Sales Tax Act (No. 9) 1930-1952.
[Assented to 28th October, 1953.]
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. 9) 1953.
(2.) The Sales Tax Act (No. 9) 1930-1952, as amended by this Act, may be cited as the Sales Tax Act (No. 9) 1930-1953.
Commencement.
2. This Act shall be deemed to have come into operation on the tenth day of September, One thousand nine hundred and fifty-three.
3. Sections three and four of the Sales Tax Act (No. 9) 1930-1952 are repealed and the following sections inserted in their stead:—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 on or after the tenth day of September, One thousand nine hundred and fifty-three, by a taxpayer.
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 1935-1953—16⅔ per centum; and
(b) in respect of goods not covered by the Second Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1953 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 The sales tax imposed by the provisions repealed by this Act upon the sale value of goods imported into Australia by a taxpayer on or after the seventh day of August, One thousand nine hundred and fifty-two, and before the date of commencement of this Act continues to be imposed as if those provisions had not been repealed.
Overview
The Sales Tax (No. 9) Act 1953, enacted by the Commonwealth Parliament, serves to amend the Sales Tax Act (No. 9) 1930-1952. This legislation was introduced to address the need to update and refine the sales tax framework in response to changes in economic conditions and administrative requirements. By repealing and replacing specific sections of the previous act, this Act establishes new rates and conditions for sales tax, effective from 10 September 1953. The primary policy objective is to ensure that the sales tax system remains effective and responsive to the evolving economic landscape, thereby maintaining the integrity and efficiency of the taxation system.
Scope and Application
The Sales Tax Act (No. 9) 1953 applies to sales tax imposed on the sale value of goods imported into Australia by a taxpayer, effective from the tenth of September 1953. It specifically amends the Sales Tax Act (No. 9) 1930-1952 by repealing certain sections and introducing new provisions for the imposition of tax at specified rates. The Act imposes a sales tax of 16⅔ per centum on goods covered by the Second Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1953, and a tax of 12½ per centum on goods not covered by that Schedule. The Act ensures that sales tax imposed by previous provisions on goods imported between the seventh of August 1952 and the commencement date continues to apply. The jurisdictional reach of this Act is national, applying across Australia, and it does not specify exclusions or exemptions beyond what is detailed in the Sales Tax (Exemptions and Classifications) Act 1935-1953.
Key Provisions
The main operative sections of the Sales Tax Act (No. 9) 1953 include sections three and four, which introduce changes to the imposition and rates of sales tax. Section 3 states that sales tax is imposed on the sale value of goods imported into Australia on or after the 10th of September, 1953, by a taxpayer. Section 4 outlines the rates of sales tax: 16⅔% for goods covered by the Second Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1953, and 12½% for goods not covered by that Schedule. This Act effectively replaces the previous Sales Tax Act (No. 9) 1930-1952 with these new provisions, effective from the date of its operation.
The Sales Tax Act (No. 9) 1953 imposes obligations on taxpayers to ensure they comply with the specified rates of sales tax on the sale value of goods imported into Australia. Specifically, taxpayers must account for the sales tax on imported goods at the rates stipulated in section 4 of the Act. For goods classified under the Second Schedule of the Sales Tax (Exemptions and Classifications) Act 1935-1953, the sales tax rate is 16⅔%, while for other goods not covered by that Schedule, the rate is 12½%. The Act also ensures that any sales tax imposed on goods imported between 7th August 1952 and the date of commencement continues to apply as if the previous provisions had not been repealed.
The Act contains provisions that outline the consequences for non-compliance. While the Act does not explicitly state offences, penalties, or civil/criminal consequences, it is implicit that failure to comply with the sales tax obligations could result in penalties as prescribed under the broader tax legislation. Given the context of Australian tax law at the time, non-compliance could potentially lead to fines, interest on unpaid taxes, and other penalties. However, the specific details of these consequences would be found in other related tax statutes and administrative guidelines rather than within this Act itself.