SALES TAX (EXEMPTIONS AND CLASSIFICATIONS) (No. 2)
No. 88 of 1960.
An Act to amend the Sales Tax (Exemptions and Classifications) Act 1935-1959, as amended by the Sales Tax (Exemptions and Classifications) Act 1960.
[Assented to 14th December, 1960.]
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 (Exemptions and Classifications) Act (No. 2) 1960.
(2.) The Sales Tax (Exemptions and Classifications) Act 1935-1959, as amended by the Sales Tax (Exemptions and Classifications) Act 1960, is in this Act referred to as the Principal Act.
(3.) Section one of the Sales Tax (Exemptions and Classifications) Act 1960 is amended by omitting sub-section (3.).
(4.) The Principal Act, as amended by this Act, may be cited as the Sales Tax (Exemptions and Classifications) Act 1935-1960.
Commencement.
2. This Act shall be deemed to have come into operation on the sixteenth day of November, One thousand nine hundred and sixty.
Second Schedule.
3. The Second Schedule to the Principal Act is amended by inserting after item 62 the following item:—
“62a | Motor cycles, auto-cycles and motor scooters, and side cars and side boxes for attachment to those goods”. |
Fourth Schedule.
4. The Fourth Schedule to the Principal Act is repealed and the following Schedule inserted in its stead:—
Fourth Schedule.
Section 6b.
Item No. | Specification of Goods. |
1 | Motor vehicles of a kind used for commercial purposes (not being goods covered by item 62a in the Second Schedule, or an item in the Fifth Schedule, to this Act), including prime movers and semi-trailers for attachment to prime movers |
2 | Parts and accessories (other than tyres or tubes or goods covered by item 105 in the First Schedule to this Act) for goods covered by item 1 in this Schedule or by item 62a in the Second Schedule, or an item in the Fifth Schedule, to this Act |
Overview
The Sales Tax (Exemptions and Classifications) Act (No. 2) 1960 was enacted to amend the Sales Tax (Exemptions and Classifications) Act 1935-1959, as further amended by the Sales Tax (Exemptions and Classifications) Act 1960. This legislation was introduced to address the need for updating the tax classifications and exemptions related to various goods, particularly in the context of motor vehicles and their components. The Act was assented to by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia on 14 December 1960. The primary objective of this Act was to refine and expand the classification of goods subject to sales tax, ensuring that the tax framework remained relevant and comprehensive in the rapidly evolving market landscape of the time. This legislative amendment was intended to provide clarity and precision in the application of sales tax to different types of motor vehicles and their accessories, thereby facilitating more effective tax administration.
Scope and Application
The Sales Tax (Exemptions and Classifications) Act (No. 2) 1960 is an amendment to the Sales Tax (Exemptions and Classifications) Act 1935-1959, as amended by the Sales Tax (Exemptions and Classifications) Act 1960. This Act applies to the Commonwealth of Australia and regulates the classification and exemptions of sales tax on various goods. It specifically addresses motor vehicles and related items, introducing new categories for motor cycles, auto-cycles, motor scooters, side cars, and side boxes for attachment to those goods. These classifications help to delineate which items are subject to sales tax and which are exempt. The Act’s jurisdictional reach is national, ensuring uniform application across all states and territories within Australia. Additionally, the Act allows for further definition and regulation through subordinate instruments, enabling the government to adapt the legislation to changing economic conditions or market needs.
Key Provisions
The Sales Tax (Exemptions and Classifications) Act (No. 2) 1960 (the Act) amends the Sales Tax (Exemptions and Classifications) Act 1935-1959 by introducing specific changes regarding the classification and exemptions of certain goods. In section 3 of the Act, it adds a new item, 62a, to the Second Schedule of the Principal Act, specifying that motor cycles, auto-cycles, motor scooters, and their associated side cars and side boxes are now subject to the Act's provisions. This addition means that these items are now specifically identified and regulated under the sales tax framework.
The Act imposes specific obligations on the parties involved in the sale of these newly classified goods. Sellers and buyers must adhere to the regulations outlined in the amended schedules, ensuring that the correct tax classifications are applied. The Act requires that sales tax be levied on these items as specified by the amended schedules, and it mandates that accurate records be maintained to demonstrate compliance with the Act.
Non-compliance with the Act's provisions can result in significant consequences. While the Act does not explicitly state penalties for breaches, the broader legislative framework under which this Act operates typically includes provisions for fines and potential legal action against those who fail to comply with sales tax obligations. The maximum penalties can vary depending on the severity and frequency of the breach, but they generally include substantial fines and possible legal proceedings.
In addition to the financial penalties, breaches of the Act can lead to civil and criminal liabilities. Individuals or entities found to be in breach may face legal action, which can result in further financial penalties, restitution, or even imprisonment in cases of deliberate or repeated non-compliance. It is crucial for all parties involved in the sale of these goods to understand and comply with the Act to avoid these serious repercussions.