SALES TAX (No. 9).
No. 80 of 1957.
An Act to amend the Sales Tax Act (No. 9) 1930-1956.
[Assented to 12th December, 1957.
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) 1957.
(2.) The Sales Tax Act (No. 9) 1930–1956, as amended by this Act, may be cited as the Sales Tax Act (No. 9) 1930–1957.
Commencement.
2. This Act shall be deemed to have come into operation on the fourth day of September, One thousand nine hundred and fifty-seven.
Imposition of tax.
3. Sections three and four of the Sales Tax Act (No. 9) 1930–1956 are repealed and the following sections inserted in their stead:—
“3. Sales tax is imposed, at the rates specified in the next succeeding section, upon the sale value of goods in Australia (including, goods which have gone into use or consumption in Australia) leased, on or after the fourth day of September, One thousand nine hundred and fifty-seven, by a taxpayer to a lessee.
Rates of tax.
“41. 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 1935–1957—25 per centum;
(b) in respect of goods covered by the Third Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1957— per centum;
(c) in respect of goods covered by the Fourth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935–1957— per centum;
(d) in respect of goods covered by the Fifth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1957—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 1935–1957 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 The sales tax imposed by the provisions repealed by this Act upon the sale value of goods in Australia (including goods which have gone into use or consumption in Australia) leased, on or after the fifteenth day of March, One thousand nine hundred and fifty-six, and before the date of commencement of this Act, by a taxpayer to a lessee continues to be imposed as if those provisions had not been repealed.
Overview
The Sales Tax Act (No. 9) 1957 was enacted to amend the Sales Tax Act (No. 9) 1930-1956. This Act was passed by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia to introduce new tax rates on sales of goods in Australia. The aim of this legislation was to address gaps in the existing sales tax structure by providing updated rates and classifications for different categories of goods. The policy objective was to ensure that the tax system remained effective and equitable, reflecting changes in the economy and consumer behaviour since the original Act was passed.
The Sales Tax Act (No. 9) 1957 introduced a new set of tax rates for various categories of goods, including a 25% tax on goods listed in the Second Schedule, a 12.5% tax on goods not covered by the schedules, and intermediate rates for other categories. This amendment aimed to provide a more nuanced approach to taxation, ensuring that the tax burden was distributed fairly across different types of goods and services. The Act came into effect on the fourth day of September 1957, providing a clear and specific timeline for its implementation.
Scope and Application
The Sales Tax Act (No. 9) 1957 applies to sales of goods within Australia, imposed on the sale value of goods leased by a taxpayer to a lessee on or after the specified commencement date. This Act amends the Sales Tax Act (No. 9) 1930–1956, imposing a sales tax on goods sold or leased in Australia, with rates varying based on the classification of the goods as outlined in the Sales Tax (Exemptions and Classifications) Act 1935–1957. The Act covers goods which have gone into use or consumption in Australia, and it applies to taxpayers and lessees involved in such transactions. The jurisdictional reach of the Act is limited to Australia, affecting the sale and lease of goods within the country. Exemptions and specific rates are detailed in the accompanying schedules of the Sales Tax (Exemptions and Classifications) Act 1935–1957, with sales tax imposed on goods not exempted by these schedules at a rate of 12½ per centum. The Act does not explicitly provide for extensions or restrictions through subordinate instruments, but the rates and classifications may be subject to amendments through related legislation.
Key Provisions
The Sales Tax (No. 9) Act 1957 introduces amendments to the Sales Tax Act (No. 9) 1930-1956, with a focus on the imposition of sales tax on the sale value of goods leased within Australia post the Act’s commencement. Section 3 of the Act imposes sales tax at specified rates on the sale value of goods leased in Australia by a taxpayer to a lessee on or after 4 September 1957. The rates of tax are detailed in Section 4, which stipulates 25% tax on goods listed in the Second Schedule of the Sales Tax (Exemptions and Classifications) Act 1935-1957, and 12.5% on goods not specified in the Schedules of that Act, with other categories falling between these rates.
Under this Act, entities engaged in leasing goods in Australia are required to adhere to the new tax rates specified in Section 4. These entities must calculate the sales tax based on the sale value of the goods, applying the appropriate percentage as outlined. Section 41 provides clarity on the tax rates for different categories of goods, ensuring that taxpayers know which rate applies to their specific transactions. Additionally, Section 4 ensures that sales tax imposed prior to the Act's commencement on leases made between 15 March 1956 and the Act's commencement date remains in effect.
Failure to comply with the provisions of this Act can lead to significant legal consequences. While the Act does not explicitly outline specific penalties for non-compliance, it is implied that breaches may result in financial penalties, legal action, or both, depending on the severity and intent of the non-compliance. The seriousness of such breaches could potentially lead to criminal charges, as is often the case with tax legislation. The precise penalties would need to be determined in the context of broader tax laws and regulations.