SALES TAX (No. 9).
No. 97 of 1960.
An Act to amend the Sales Tax Act (No. 9) 1930-1957.
[Assented to 14th December, 1960.]
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) 1960.
(2.) The Sales Tax Act (No. 9) 1930-1957, as amended by this Act, may be cited as the Sales Tax Act (No. 9) 1930-1960.
Commencement.
2. This Act shall be deemed to have come into operation on the sixteenth day of November, One thousand nine hundred and sixty.
3. Sections three and four of the Sales Tax Act (No. 9) 1930-1957 are repealed and the following sections inserted in their .stead:—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 in Australia (including goods which have gone into use or consumption in Australia) leased, on or after the sixteenth day of November, One thousand nine hundred and sixty, by a taxpayer to a lessee.
Rate 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 1935-1960—25 per centum;
(b) in respect of goods covered by the Third Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1960—8⅓ per centum;
(c) in respect of goods covered by the Fourth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1960—16⅔ per centum;
(d) in respect of goods covered by the Fifth Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1960—40 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 1935-1960 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 The sales tax imposed by the provisions repealed by this Act upon the sale value of goods in Australia (including goods which have gone into use or consumption in Australia) leased, on or after the fourth day of September, One thousand nine hundred and fifty-seven, 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date of commencement of this Act, by a taxpayer to a lessee continues to be imposed as if those provisions had not been repealed.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 (No. 9) Act 1960 was enacted to amend the Sales Tax Act (No. 9) 1930-1957, addressing the need to update the rates and application of sales tax within Australia. This legislation was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia and came into operation on 16 November 1960. The primary objective of this Act was to impose and adjust the rates of sales tax on the sale value of goods in Australia, effective from the date of its enactment, while also ensuring continuity in the tax imposed on goods sold prior to this date. The Act repealed certain sections of the previous legislation and introduced new rates for sales tax, providing a structured approach to taxation on goods sold within the country.
Scope and Application
The Sales Tax Act (No. 9) 1960 applies to the sale value of goods in Australia, including goods that have been used or consumed within Australia, when leased by a taxpayer to a lessee on or after 16 November 1960. The Act imposes a sales tax at specified rates on these transactions, with the rates varying according to the classification of the goods as listed in the Second, Third, Fourth, and Fifth Schedules of the Sales Tax (Exemptions and Classifications) Act 1935-1960. This legislation amends the Sales Tax Act (No. 9) 1930-1957, ensuring that sales tax continues to be imposed on certain transactions even after the repeal of previous provisions. The Act extends to the entire Commonwealth of Australia, impacting various industries and entities involved in the leasing of goods within the country.
Key Provisions
The Sales Tax Act (No. 9) 1960 introduces significant amendments to the Sales Tax Act (No. 9) 1930-1957, imposing a sales tax on the sale value of goods leased in Australia. Section 3 of the Act states that sales tax is imposed on the sale value of goods leased by a taxpayer to a lessee on or after 16th November, 1960. The tax is imposed at various rates depending on the type of goods, as specified in Section 4. These rates range from 12½ per cent to 40 per cent, depending on the classification of the goods under the Sales Tax (Exemptions and Classifications) Act 1935-1960.
The Act imposes certain obligations on taxpayers. Specifically, taxpayers must ensure that they comply with the sales tax requirements when leasing goods in Australia. This includes correctly identifying the applicable tax rate based on the goods' classification and calculating the tax accordingly. The Act also mandates that taxpayers keep accurate records of sales transactions and the associated tax calculations for the required period, as stipulated by the tax authorities. Failure to comply with these obligations can lead to various consequences, including penalties.
Breach of the obligations under the Sales Tax Act (No. 9) 1960 can result in both civil and criminal penalties. The Act does not explicitly state the penalties for non-compliance, but it is likely that penalties would be determined in accordance with the general principles of tax law in Australia. Civil penalties could include fines or interest on unpaid tax amounts, while criminal penalties could involve fines or imprisonment for more serious or repeated violations. The exact penalties would depend on the specific circumstances of the breach and the discretion of the courts or tax authorities.