SALES TAX ASSESSMENT (No. 8).
No. 39 of 1931.
An Act to amend the Sales Tax Assessment Act (No. 8) 1930, as amended by the Sales Tax Assessment Act (No. 8a) 1930.
[Assented to 10th August, 1931.]
BE it enacted by the King’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 Assessment Act (No. 8) 1931.
(2.) The Sales Tax Assessment Act (No. 8) 1930, as amended by the Sales Tax Assessment Act (No. 8a) 1930, is in this Act referred to as the Principal Act.*
(3.) The Principal Act, as amended by this Act, may be cited as the Sales Tax Assessment Act (No. 8) 1930-1931.
Amendment of Schedule.
2. The Schedule to the Principal Act is amended—
(a) by inserting, before the first item of the list of goods contained therein, the following item:—
“Agricultural and horticultural seeds not covered by any item in the Customs Tariff 1921-1930;”;
(b) by omitting from the first item of the list of goods contained therein the word “and” (second occurring) and inserting in its stead the words “or chaff or”;
(c) by inserting, after the item “Cigarettes”, the item—
“Crude oil and fuel oils for use in the production of power;”;
(d) by inserting, after the word “Films”, the words “upon which duty has been paid under clause (b) of paragraph (2) of sub-item (c) of Item 320 of the Customs Tariff 1921-1930”; and
(e) by omitting the item “Flotation reagents for mining purposes” and inserting in its stead the following items:—
“Flotation reagents purchased by a person engaged in the mining industry for use in that industry;
“Kerosene;”.
Commencement.
3. The amendments effected by this Act, except the amendment effected by paragraph (d) of section two of this Act, shall be deemed to have commenced on the eleventh day of July One thousand nine hundred and thirty-one.
Overview
The Sales Tax Assessment Act (No. 8) 1931 was enacted to address gaps and updates necessary in the Sales Tax Assessment Act (No. 8) 1930, particularly in response to amendments made by the Sales Tax Assessment Act (No. 8a) 1930. This Act was passed by the Commonwealth Parliament to refine and extend the scope of sales tax on various goods, ensuring that the taxation framework remains current and comprehensive. The main objective of this Act is to incorporate specific goods into the sales tax schedule, thereby broadening the tax base and aligning it more closely with current economic activities. These changes were intended to support fiscal adjustments and to ensure that the taxation of goods was fair and reflective of economic changes during the early 1930s.
Scope and Application
The Sales Tax Assessment Act (No. 8) 1931 amends the Sales Tax Assessment Act (No. 8) 1930, and is applicable to all transactions involving the goods listed in the amended Schedule. This Act primarily targets the imposition of sales tax on specific goods such as agricultural and horticultural seeds, chaff, crude oil, fuel oils, kerosene, and flotation reagents for mining purposes. It is important to note that this Act applies to all entities and persons involved in the sale of these goods. The geographic and jurisdictional reach of this Act is national, as it is a Commonwealth Act. The amendments introduced by this Act, excluding those specified in paragraph (d) of section two, commenced on 11 July 1931. This Act does not explicitly provide for exclusions, exemptions, or thresholds within the text provided; however, it is possible that such details are outlined in subordinate instruments that extend or further define the application of this Act.
Key Provisions
The Sales Tax Assessment Act (No. 8) 1931 introduces specific amendments to the Sales Tax Assessment Act (No. 8) 1930, which was previously amended by the Sales Tax Assessment Act (No. 8a) 1930. The Act introduces new items to the Schedule of the Principal Act, which pertains to goods subject to sales tax. The items added include agricultural and horticultural seeds not covered by any item in the Customs Tariff 1921-1930, crude oil and fuel oils for use in the production of power, and kerosene. Additionally, the amendment modifies the first item of the list by inserting the phrase "or chaff or" and specifies that films upon which duty has been paid under a particular clause of the Customs Tariff are now subject to sales tax. The amendment also replaces the item for flotation reagents for mining purposes with two new items: flotation reagents purchased by a person engaged in the mining industry for use in that industry, and kerosene.
Under the amended Act, certain entities and individuals are required to comply with the new provisions concerning the sales tax on the specified goods. Sellers of agricultural and horticultural seeds, crude oil and fuel oils for power production, films with paid duty, flotation reagents for the mining industry, and kerosene must ensure they correctly classify these goods for sales tax purposes. This involves adhering to the new descriptions and classifications as outlined in the amended Schedule. The Act places the responsibility on these parties to update their records and reporting mechanisms to reflect these changes accurately.
Failure to comply with the provisions of the Sales Tax Assessment Act (No. 8) 1931 may result in civil or criminal penalties. The specific nature and severity of these penalties depend on the extent and intent of the non-compliance. For instance, deliberate evasion of sales tax by misclassifying goods could result in criminal charges, with potential penalties including fines and imprisonment. Civil penalties might apply for inadvertent errors, with the amount determined by the tax authorities based on the degree of negligence and the amount of tax evaded. The Act does not explicitly state maximum penalties but implies that they would be consistent with other tax-related offences under Australian law.