Sales Tax Amendment Act (No. 9) 1981
No. 141 of 1981
An Act to amend the Sales Tax Act (No. 9) 1930
[Assented to 30 September 1981]
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. 9) 1981.
(2) The Sales Tax Act (No. 9) 19301 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall be deemed to have come into operation on 19 August 1981.
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 Sections 3 and 4 of the Principal Act are repealed and the following sections are substituted: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 in Australia (including goods which have gone into use or consumption in Australia) leased, on or after 19 August 1981, 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—30%;
(b) in respect of goods covered by the Third Schedule to that Act—5%;
(c) in respect of goods covered by the Fourth or Fifth Schedule to that Act—17.5%; 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—17.5%.”.
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 Where, before the commencement of this Act, sales tax was imposed by the provisions repealed by this Act upon the sale value of any goods, that sales tax continues to be imposed as if those provisions had not been repealed.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. 42, 1930, as amended. For previous amendments, see No. 42, 1931; No. 10, 1935; No. 40, 1936; No. 38, 1938; No. 24, 1939; Nos. 11 and 85, 1940; No. 41, 1941; No. 15, 1942; No. 53, 1943; No. 66, 1946; No. 63, 1949; No. 46, 1950; No. 72, 1951; No. 53, 1952; No. 62, 1953; No. 54, 1954; No. 14, 1956; No. 80, 1957; No. 97, 1960; Nos. 10 and 85, 1961; No. 13, 1962; No. 84, 1964; No. 96, 1968; No. 77, 1970; No. 23, 1975; and No. 152, 1978.
Overview
The Sales Tax Amendment Act (No. 9) 1981 was enacted to revise and update the existing Sales Tax Act (No. 9) 1930, addressing the need for modernising the sales tax system in Australia. This Act was passed by the Parliament of Australia and received Royal Assent on 30 September 1981. It aimed to streamline the tax rates and ensure clarity and consistency in the application of sales tax across various goods and services. The primary objective of this legislative amendment was to adjust the tax rates to reflect current economic conditions and to simplify the tax structure, thereby improving the efficiency and fairness of the sales tax system.
Scope and Application
The Sales Tax Amendment Act (No. 9) 1981 amends the Sales Tax Act (No. 9) 1930 to adjust the rates and scope of sales tax imposed on the sale value of goods in Australia. The amendment applies to transactions occurring on or after 19 August 1981, where a taxpayer leases goods to a lessee. This Act revises the rates of sales tax, imposing different percentages on goods classified under various schedules of the Sales Tax (Exemptions and Classifications) Act 1935, and sets a default rate of 17.5% for goods not covered by these schedules. The sales tax continues to apply to transactions that were subject to tax before the commencement of this Act. The Act operates on a national level, impacting all taxpayers and lessees of goods within Australia. It does not specify any exclusions, exemptions, or thresholds beyond what is detailed in the Sales Tax (Exemptions and Classifications) Act 1935.
Key Provisions
The Sales Tax Amendment Act (No. 9) 1981 amends the Sales Tax Act (No. 9) 1930 by substituting certain sections related to the imposition of tax and the rates of tax. Specifically, section 3 of the Principal Act is repealed and replaced with a new provision that imposes sales tax on the sale value of goods leased by a taxpayer to a lessee on or after 19 August 1981 (section 3). The rates of sales tax are specified in section 4, which replaces the corresponding section of the Principal Act, with tax rates set at 30%, 5%, 17.5%, and 17.5% for different categories of goods (section 4).
Under the Act, taxpayers are required to calculate and pay sales tax on the sale value of goods leased to a lessee, with the tax rates varying based on the type of goods involved. The Act mandates that sales tax continues to apply to sales of goods that were subject to tax before the Act's commencement, ensuring a seamless transition for ongoing transactions (section 4). This means that any sales tax that was imposed prior to the Act remains applicable, as if the amendments had not been enacted.
The Sales Tax Amendment Act (No. 9) 1981 introduces potential civil or criminal consequences for non-compliance with the tax obligations outlined in the Act. Although specific penalties are not detailed in the provided text, it is common for such legislation to include provisions for fines or other penalties for failing to comply with tax requirements. Non-compliance could potentially lead to legal action by the relevant tax authority, including prosecution for criminal offences related to tax evasion or fraud. The precise nature and extent of these penalties would typically be detailed in the relevant sections of the Principal Act or other subsidiary legislation.