SALES TAX (No. 9).
No. 10 of 1961.
An Act to amend the Sales Tax Act (No. 9) 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. 9) 1961.
(2.) The Sales Tax Act (No. 9) 1930-1960, as amended by this Act, may be cited as the Sales Tax Act (No. 9) 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 Sections three and four of the Sales Tax Act (No. 9) 1930-1960 are repealed and the following sections inserted in their stead:—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 in Australia (including goods which have gone into use or consumption in Australia) leased, on or after the twenty-second day of February, One thousand nine hundred and sixty-one, by a taxpayer to a lessee.
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 The sales tax imposed by the provisions repealed by this Act upon the sale value of goods in Australia (including goods which have gone into use or consumption in Australia) leased, on or after the sixteenth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, 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date of commencement of this Act, by a taxpayer to a lessee continues to be imposed as if those provisions had not been repealed.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 1961 was enacted to amend the Sales Tax Act (No. 9) 1930-1960, addressing the need to update and refine the rates of sales tax imposed on goods sold within Australia. This Act was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia and it commenced on the 22nd of February, 1961. The primary policy objective was to establish more defined and specific tax rates for various categories of goods sold in Australia, ensuring a more structured and transparent sales tax system. This legislative update was crucial in providing clarity and consistency in the application of sales tax across different goods, thereby facilitating better compliance and revenue collection.
Scope and Application
The Sales Tax Act (No. 9) 1961 is an amendment to the Sales Tax Act (No. 9) 1930-1960, imposing sales tax on the sale value of goods in Australia, including those that have been used or consumed within Australia, leased by a taxpayer to a lessee on or after 22 February 1961. The Act applies to the sale of goods by a taxpayer to a lessee and specifies different rates of tax for various classes of goods, which are detailed in the Sales Tax (Exemptions and Classifications) Act 1935-1961. The tax rates range from 8⅓ per centum to 30 per centum depending on the classification of the goods. It is important to note that the sales tax on goods leased before the Act's commencement continues to apply as if the previous provisions had not been repealed. The Act’s scope is confined to Australia, with the tax applying to sales within its jurisdiction, and it does not specify any exclusions beyond those listed in the Sales Tax (Exemptions and Classifications) Act 1935-1961. The application of the Act may be further refined or extended through subordinate legislation.
Key Provisions
The Sales Tax Act (No. 9) 1961 introduces a new sales tax regime, effective from 22 February 1961. Section 3 (1) of this Act imposes a sales tax on the sale value of goods in Australia leased by a taxpayer to a lessee after this date. Section 4 specifies the rates of sales tax, varying between 8⅓ per centum and 30 per centum depending on the classification of the goods, as detailed in the Sales Tax (Exemptions and Classifications) Act 1935-1961. The tax rates are applied to goods covered by the various schedules of the latter Act, with a default rate of 12½ per centum for goods not specifically listed.
Under this Act, taxpayers must ensure compliance with the specified tax rates on sales of goods. They must accurately determine the classification of the goods sold and apply the appropriate tax rate. Section 4 also contains a saving provision, ensuring that any sales tax imposed by the repealed provisions of the previous Act on goods sold between 16 November 1960 and 22 February 1961 continues to apply as if the repeal had not occurred. This transitional measure ensures that sales tax obligations remain consistent during the period of legislative change.
Failure to comply with the requirements of the Sales Tax Act (No. 9) 1961 may result in civil or criminal consequences. While specific offences and penalties are not detailed in the excerpt, it is typical for such legislation to include provisions for fines or imprisonment for wilful or negligent non-compliance, as well as potential civil actions for tax recovery. The precise penalties would be found in other sections of the Act or in related legislation. The enforcement of these penalties aims to ensure that taxpayers adhere to the prescribed tax obligations and rates.