Sales Tax Amendment Act (No. 6) 1982
No. 89 of 1982
An Act to amend the Sales Tax Act (No. 6) 1930
[Assented to 6 October 1982]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Sales Tax Amendment Act (No. 6) 1982.
(2) The Sales Tax Act (No. 6) 19301 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall be deemed to have come into operation on 18 August 1982.
3. Sections 3 and 4 of the Principal Act are repealed and the following sections are substituted:
Imposition of tax
“3. Sales tax is imposed, at the rates specified in section 4, upon the sale value of goods imported into Australia by a taxpayer and, on or after 18 August 1982 sold by him or applied by him to his own use.
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—32.5%;
(b) in respect of goods covered by the Third Schedule to that Act—7.5%;
(c) in respect of goods covered by the Fourth or Fifth Schedule to that Act—20%; and
(d) in respect of goods not covered by the Second, Third, Fourth or Fifth Schedule to that Act 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—20%.”.
Saving
4. Where, before the commencement of this Act, sales tax was imposed by the provisions repealed by this Act upon the sale value of any goods, that sales tax continues to be imposed as if those provisions had not been repealed.
NOTE
1. No. 36, 1930, as amended. For previous amendments, see No. 36, 1931; No. 48, 1932; No. 37, 1936; No. 35, 1938; No. 21, 1939; Nos. 8 and 82, 1940; No. 38, 1941; No. 12, 1942; No. 50, 1943; No. 63, 1946; No. 60, 1949; No. 43, 1950; No. 69, 1951; No. 50, 1952; No. 59, 1953; No. 51, 1954; No. 11, 1956; No. 77, 1957; No. 94, 1960; Nos. 7 and 82, 1961; No. 10, 1962; No. 81, 1964; No. 93, 1968; No. 74, 1970; No. 20, 1975; No. 149, 1978; No. 138, 1981; and No. 60, 1982.
Overview
The Sales Tax Amendment Act (No. 6) 1982 was enacted to address the need to revise the rates of sales tax imposed on certain goods. The Act amends the Sales Tax Act (No. 6) 1930 to update the rates at which sales tax applies to various categories of goods. Enacted by the Parliament of Australia, the policy objective of this Act is to ensure that the tax system remains fair and effective in generating revenue for the government. This amendment particularly addresses the rates of sales tax for goods that fall into different schedules under the Sales Tax (Exemptions and Classifications) Act 1935, thereby refining the application of sales tax across different goods categories.
Scope and Application
The Sales Tax Amendment Act (No. 6) 1982 amends the Sales Tax Act (No. 6) 1930, imposing sales tax on the sale value of goods imported into Australia and sold or used by a taxpayer. This Act applies to all taxpayers who sell or use imported goods in Australia, and it establishes specific tax rates depending on the classification of the goods under the Sales Tax (Exemptions and Classifications) Act 1935. The Act imposes a sales tax of 32.5% on goods covered by the Second Schedule, 7.5% on those covered by the Third Schedule, 20% on those covered by the Fourth or Fifth Schedule, and 20% on all other goods not specifically exempted by the Sales Tax (Exemptions and Classifications) Act 1935. The Act's jurisdiction is national, affecting all taxpayers within Australia, and it is effective from 18 August 1982. The Act also includes provisions ensuring that any sales tax imposed under the repealed sections of the Principal Act continues to be enforced as if those sections had not been repealed.
Key Provisions
The Sales Tax Amendment Act (No. 6) 1982 makes significant changes to the Sales Tax Act (No. 6) 1930. Firstly, it repeals sections 3 and 4 of the Principal Act, replacing them with new provisions that impose sales tax on the sale value of goods imported into Australia by a taxpayer, as well as goods applied to a taxpayer's own use on or after 18 August 1982 (sections 3 and 4). The sales tax rates are set at varying percentages depending on the type of goods, with rates ranging from 7.5% to 32.5% (section 4). The Act also contains a saving provision that ensures any sales tax imposed before the Act's commencement continues to apply as if the provisions had not been repealed (section 4).
Entities and individuals subject to the Sales Tax Act must comply with the new tax rates specified in this amendment. They must ensure that sales tax is applied correctly to the sale value of goods imported into Australia and those applied to their own use on or after the specified date. This includes maintaining accurate records and documentation to support their tax calculations and submissions. The obligation extends to both importers and businesses that use goods for their own purposes, ensuring that they account for the sales tax in their financial transactions and reporting.
Failure to comply with the provisions of this Act can result in legal consequences. The Act does not explicitly state the penalties or consequences for non-compliance, but it is reasonable to assume that breaches could lead to financial penalties, interest on unpaid taxes, and potentially legal action to recover the owed tax. The specifics of the penalties would typically be governed by the broader provisions of the Sales Tax Act or other related legislation. It is important for entities and individuals to adhere to the requirements to avoid any potential civil or criminal liabilities.