Sales Tax (Exemptions and Classifications) Act 1965

Legislation au C1965A00030 Not in force Act

Legislation content

Sales Tax (Exemptions and Classifications)

No. 30 of 1965

An Act to amend the Sales Tax (Exemptions and Classifications) Act 1935-1963.

[Assented to 2 June, 1965]

BE it enacted by the Queens 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 (Exemptions and Classifications) Act 1965.


(2.) The Sales Tax (Exemptions and Classifications) Act 1935-1963 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 (Exemptions and Classifications) Act 1935-1965.

Commencement.

2. This Act shall come into operation on the first day of July, One thousand nine hundred and sixty-five.

Definitions.

3. Section 2 of the Principal Act is amended by omitting from the definition of the Customs Tariff the words Customs Tariff 1933-1954 and inserting in their stead the words Customs Tariff 1965.

First Schedule.

4. The First Schedule to the Principal Act is amended—

(a) by omitting item 58 and inserting in its stead the following item:—

58. Imported goods consisting of overseas travel literature or printed matter, being goods to which sub-item 49.11.3 in the First Schedule to the Customs Tariff applies

No. 5;

(b) by omitting sub-item (2) of item 59 and inserting in its stead the following sub-item:—

(2) Imported goods consisting of—

(a) calendars, being goods to which sub-item 49.10.1 in the First Schedule to the Customs Tariff applies; or

(b) catalogues, price lists or other printed matter, being goods to which sub-item 49.11.4 in the First Schedule to the Customs Tariff applies

No. 5;

(c) by omitting items 69 and 70 and inserting in their stead the following items:—

69. Imported goods consisting of printed matter (including printed pictures and photographs) that—

(a) are the property of any public institution and intended for deposit or exhibition therein; or

(b) are pictorial illustrations for use for teaching purposes in universities, colleges, schools or public institutions,

being goods to which sub-item 49.11.2 in the First Schedule to the Customs Tariff applies

No. 5

69a. Imported goods consisting of instruments, apparatus or models designed solely for demonstrational purposes and unsuitable for other uses, being goods to which item 90.21 in the First Schedule to the Customs Tariff applies

No. 5

69b. Imported goods consisting of collections, or collectors pieces, that are of zoological, botanical, mineralogical, anatomical, archaeological, palaeontological, ethnographic or numismatic interest, being goods to which item 99.05 in the First Schedule to the Customs Tariff applies

No. 5

 


69c. Imported goods consisting of paintings, drawings or pastels that—

(a) were executed entirely by hand;

(b) are not intended for sale or trade; and

(c) at a time when the importer was resident in Australia, became the property of the importer under the will, or by reason of the intestacy, of a deceased person or by gift,

being goods to which sub-item 99.01.1 in the First Schedule to the Customs Tariff applies

No. 5

70. Imported goods consisting of—

(a) trophies won outside Australia;

(b) decorations, medallions or certificates awarded, or to be awarded, outside Australia and sent from outside Australia to persons within Australia; or

(c) trophies or prizes sent by donors resident outside Australia for presentation or competition in Australia,

being goods to which item 17 in the Second Schedule to the Customs Tariff applies

No. 5;

(d) by omitting sub-item (3) of item 107 and inserting in its stead the following sub-item:—

(3) Imported goods consisting of films of a scenic, tourist or travel nature produced or issued by or on behalf of a governmental or travel authority, being goods to which paragraph 37.04.21, or sub-item 37.07.1, in the First Schedule to the Customs Tariff applies

Nos. 5 to 9;

(e) by omitting sub-item (6) of item 107 and inserting in its stead the following sub-item:—

(6) Imported goods consisting of films not greater than 9.5 millimetres in width, being goods to which paragraph 37.04.21, sub-item 37.06.1 or sub-item 37.07.1 in the First Schedule to the Customs Tariff applies

No. 5;

(f) by omitting from item 111a the words being goods covered by item 400 in the Schedule to the Customs Tariff and inserting in their stead the words being goods to which item 34 in the Second Schedule to the Customs Tariff applies;

(g) by omitting item 114 and inserting in its stead the following item:—

114.—(1) Imported goods consisting of passengers personal effects, furniture or household goods, being goods to which item 14 in the Second Schedule to the Customs Tariff applies and in respect of which, if a Collector of Customs so requires, the passenger enters into an agreement that, in the event of the goods being sold or otherwise disposed of in Australia by, or on behalf of, the passenger, within a period of two years from the date of importation, he will pay to the Commonwealth an amount equal to the sales tax which, but for this sub-item, would have been payable in respect of the goods

No. 5


 

(2) Imported goods consisting of passengers personal baggage, being goods to which item 15 or item 16 in the Second Schedule to the Customs Tariff applies

No. 5

(3) Imported goods consisting of passengers personal baggage, being goods to which section 41 of the Customs Act 1901-1965 applies but not being goods imported for sale or trade

No. 5;

(h) by omitting item 116 and inserting in its stead the following item:—

116.—(1) Imported goods the produce or manufacture of Australia, being goods to which item 29 in the Second Schedule to the Customs Tariff applies

No. 5

(2) Re-imported goods—

(a) the character of which has not altered since exportation; and

(b) in respect of which a refund or drawback of duties of Customs or duties of Excise was not paid on exportation,

being goods to which item 33 in the Second Schedule to the Customs Tariff applies

No. 5;

(i) by omitting item 121 and inserting in its stead the following item:—

121. Cathode ray tubes, being picture tubes of kind used in television receivers

Nos. 1 to 9;

and

(j) by omitting item 145 and inserting in its stead the following item:—

145. Imported goods, including samples, of negligible value, being goods to which item 35 in the Second Schedule to the Customs Tariff applies

No. 5.

 

Overview

The Sales Tax (Exemptions and Classifications) Act 1965 was enacted to amend the Sales Tax (Exemptions and Classifications) Act 1935-1963, addressing the need for updates to the classification and exemption of goods subject to sales tax. This Act was introduced by the Parliament of Australia with the primary objective of aligning the sales tax exemptions and classifications with the Customs Tariff 1965, ensuring consistency and accuracy in the application of sales tax to imported goods. It provides for specific amendments to the First Schedule of the Principal Act to reflect changes in tariff classifications and to update the definitions and scope of exempted goods, thereby ensuring that the sales tax regime remains effective and equitable.

Scope and Application

The Sales Tax (Exemptions and Classifications) Act 1965 is a Commonwealth Act that amends the Sales Tax (Exemptions and Classifications) Act 1935-1963 to adjust the classification and exemption of certain goods from sales tax, effective from 1 July 1965. This Act applies to imported goods subject to sales tax, particularly focusing on various categories such as overseas travel literature, printed matter, instruments, models, collections, paintings, trophies, films, passengers' personal effects, baggage, and cathode ray tubes, amongst others. The scope of the Act is geographically limited to the Commonwealth of Australia and its territories, thereby governing the sales tax classifications within these jurisdictions. The Act specifies exemptions and classifications by amending the First Schedule of the Principal Act, thereby altering the tax treatment of the listed goods. While the Act provides detailed classifications and exemptions, it does not explicitly mention any exclusions or thresholds, thereby implying that the provisions apply broadly to the specified goods unless otherwise stated in subordinate instruments.

Key Provisions

The Sales Tax (Exemptions and Classifications) Act 1965, as referenced in section 1, amends the Sales Tax (Exemptions and Classifications) Act 1935-1963, now referred to as the Principal Act, to update and refine the exemptions and classifications pertaining to sales tax. This Act comes into effect on 1 July 1965, as per section 2. Section 3 of the Act updates the definition of "the Customs Tariff" in the Principal Act, replacing the reference to the Customs Tariff 1933-1954 with the Customs Tariff 1965. The First Schedule of the Principal Act is extensively amended in sections 4(a) to (j), modifying various items to reflect updated classifications and exemptions in relation to imported goods, ensuring alignment with the Customs Tariff 1965. Under the amended Act, there are specific obligations placed on the parties involved. Importers and other relevant parties must ensure that the goods they import are correctly classified under the updated items in the First Schedule. This includes ensuring that goods such as overseas travel literature, printed matter, instruments for demonstrational purposes, and personal effects are accurately identified to determine if they are exempt from sales tax or subject to specific conditions. Additionally, there is a requirement for passengers to enter into an agreement with the Collector of Customs regarding the sale or disposal of their personal effects or baggage within two years of importation, as detailed in item 114. Breaches of the provisions outlined in this Act can result in various consequences. While the Act does not explicitly detail penalties, it is understood that non-compliance with sales tax regulations can lead to financial penalties, interest on unpaid taxes, and potentially legal action. The exact penalties would be governed by other relevant tax legislation and administrative guidelines in place at the time. Non-compliance could also result in audits or investigations by tax authorities to ensure adherence to the updated sales tax regulations.

Legal classification tags

Area of Law
Taxation Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.