Sales Tax (Exemptions and Classifications) Modification (Excise) Act 1995

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Sales Tax (Exemptions and Classifications) Modification (Excise) Act 1995

No. 92 of 1995

CONTENTS

PART 1—PRELIMINARY

Section

1. Short title

2. Commencement

3. Object of Act

4. This Act taken to be a sales tax amending Act for certain purposes

PART 2—MODIFICATIONS APPLYING FROM 9 MAY 1995

5. Modifications of the Sales Tax (Exemptions and Classifications) Act 1992

PART 3—MODIFICATIONS APPLYING FROM 1 JULY 1995

6. Modifications of the Sales Tax (Exemptions and Classifications) Act 1992

PART 4—MODIFICATIONS APPLYING FROM 1 NOVEMBER 1995

7. Modifications of the Sales Tax (Exemptions and Classifications) Act 1992

CONTENTS—continued

SCHEDULE 1

MODIFICATIONS APPLYING FROM 9 MAY 1995

SCHEDULE 2

MODIFICATIONS APPLYING FROM 1 JULY 1995

SCHEDULE 3

MODIFICATIONS APPLYING FROM 1 NOVEMBER 1995

Sales Tax (Exemptions and Classifications) Modification (Excise) Act 1995

No. 92 of 1995

 

An Act relating to sales tax

[Assented to 27 July 1995]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Sales Tax (Exemptions and Classifications) Modification (Excise) Act 1995.

Commencement

2. (1) Parts 1 and 2 and Schedule 1 commence or are taken to have commenced on 9 May 1995.

(2) Part 3 and Schedule 2 commence or are taken to have commenced on 1 July 1995

(3) Part 4 and Schedule 3 commence or are taken to have commenced on 1 November 1995.

Object of Act

3.  The object of this Act is to modify the provisions of the Sales Tax (Exemptions and Classifications) Act 1992, in so far as they deal with tax imposed by the Sales Tax Imposition (Excise) Act 1992.

This Act taken to be a sales tax amending Act for certain purposes

4. For the purposes of section 129 of the Sales Tax Assessment Act 1992, this Act is taken to be a sales tax amending Act.

PART 2—MODIFICATIONS APPLYING FROM 9 MAY 1995

Modifications of the Sales Tax (Exemptions and Classifications) Act 1992

5.  The provisions of the Sales Tax (Exemptions and Classifications) Act 1992, as amended from time to time and as modified to have a specified effect by any other Act, have effect, in so far as they deal with tax imposed by the Sales Tax Imposition (Excise) Act 1992, as if:

(a) they were further modified as set out in Schedule 1 to this Act; and

(b) those modifications applied to dealings with goods after 7.30 p.m., by legal time in the Australian Capital Territory, on 9 May 1995.

Note: An example of an Act that modified the Sales Tax (Exemptions and Classifications) Act 1992 is the Sales Tax (Excise) (Deficit Reduction) Act 1993.


PART 3—MODIFICATIONS APPLYING FROM 1 JULY 1995

Modifications of the Sales Tax (Exemptions and Classifications) Act 1992

6. The provisions of the Sales Tax (Exemptions and Classifications) Act 1992, as amended from time to time and as modified to have a specified effect by this Act or by any other Act, have effect, in so far as they deal with tax imposed by the Sales Tax Imposition (Excise) Act 1992, as if:

(a) they were further modified as set out in Schedule 2 to this Act; and

(b) those further modifications applied to dealings with goods on or after 1 July 1995.


PART 4—MODIFICATIONS APPLYING FROM 1 NOVEMBER 1995

Modifications of the Sales Tax (Exemptions and Classifications) Act 1992

7. The provisions of the Sales Tax (Exemptions and Classifications) Act 1992, as amended from time to time and as modified to have a specified effect by this Act or by any other Act, have effect, in so far as they deal with tax imposed by the Sales Tax Imposition (Excise) Act 1992, as if:

(a) they were further modified as set out in Schedule 3 to this Act; and

(b) those further modifications applied to dealings with goods on or after 1 November 1995.

–––––––––––––––


SCHEDULE 1  Section 5

MODIFICATIONS APPLYING FROM 9 MAY 1995

  1.       After paragraph 39(3)(a) of Schedule 1:

Insert:

“(aa) scaffolding;

(ab) safes;

(ac) racking and shelving;”.

2.         Paragraph 39(3) (b) of Schedule 1:

After “paragraph (a)” (wherever occurring) insert (aa), (ab) or (ac)”.

3.         After paragraph 49(2)(e) of Schedule 1:

Insert:

“(ea) scaffolding;

(eb) safes;

(ec) racking and shelving;”.

4.         Paragraph 49(2) (f) of Schedule 1:

After “paragraph (e)” insert “, (ea), (eb) or (ec)”.

5.         Subitem 61(1) of Schedule 1:

Insert after paragraph (b):

“; or (c) model aircraft (including flying models).”.

6.         Subitem 1(3) of Schedule 2:

Add at the end:

“; (f) safes, including of a kind ordinarily installed as fixtures, but not including of a kind ordinarily used for the storage of food;

(g) musical instruments;

(h) bric-a-brac.”.

7.         Schedule 3:

Repeal the Schedule.

8.         Item 1 of Schedule 4:

Omit “, 3”.

––––––––––––––––


SCHEDULE 2 Section 6

MODIFICATIONS APPLYING FROM 1 JULY 1995

1.  Subitem 97(3) of Schedule 1:

Omit the definition of “eligible disabled person”, substitute the following definition:

“ ‘eligible disabled person’ means a person who has a current certificate given by the Secretary, certifying that the person has lost the use of one or more limbs to such an extent that he or she is unable to use public transport;”.

_______________


SCHEDULE 3 Section 7

MODIFICATIONS APPLYING FROM 1 NOVEMBER 1995

1. Schedule 1, Table of Contents, Item 108:

Omit the entry.

2. Item 108 of Schedule 1:

Omit the Item.

 

[Minister’s second reading speech made in—

House of Representatives on 6 June 1995

Senate on 20 June 1995]

Overview

The Sales Tax (Exemptions and Classifications) Modification (Excise) Act 1995, enacted by the Parliament of Australia, aims to amend the Sales Tax (Exemptions and Classifications) Act 1992 concerning taxes imposed by the Sales Tax Imposition (Excise) Act 1992. The objective of this Act is to modify certain provisions to improve the classification and exemptions of sales tax. It was assented to on 27 July 1995 and comprises various parts that took effect on different dates, with modifications to the Sales Tax (Exemptions and Classifications) Act 1992 scheduled to apply from 9 May, 1 July, and 1 November 1995. This Act also serves as a sales tax amending Act for specific purposes, aligning with section 129 of the Sales Tax Assessment Act 1992.

Scope and Application

The Sales Tax (Exemptions and Classifications) Modification (Excise) Act 1995 applies to the provisions of the Sales Tax (Exemptions and Classifications) Act 1992 as they relate to excise tax imposed by the Sales Tax Imposition (Excise) Act 1992. The Act is concerned with modifying these provisions and specifies different commencement dates for its various parts and schedules. Part 2 and Schedule 1 of the Act came into effect on 9 May 1995, Part 3 and Schedule 2 on 1 July 1995, and Part 4 and Schedule 3 on 1 November 1995. This Act is a Commonwealth statute and applies nationally across Australia, affecting all dealings with goods post the specified dates of commencement. The modifications introduced by this Act do not explicitly exclude any particular persons, entities, or industries but are designed to alter the classification and exemption criteria under the Sales Tax (Exemptions and Classifications) Act 1992, thereby affecting the scope of taxable transactions. The Act itself does not specify exclusions, exemptions, or thresholds but rather amends the classifications and exemptions through its schedules. Subordinate instruments may further extend or restrict the application of this Act, although such details are not provided in the text.

Key Provisions

The Sales Tax (Exemptions and Classifications) Modification (Excise) Act 1995 (the Act) amends the Sales Tax (Exemptions and Classifications) Act 1992 to modify the tax imposed by the Sales Tax Imposition (Excise) Act 1992. This Act is divided into three parts, each with specific commencement dates, as outlined in section 2 of the Act. The Act is effective for certain modifications on 9 May 1995, 1 July 1995, and 1 November 1995, as detailed in sections 5, 6, and 7 respectively. Each section references a schedule that details the specific changes to be made to the Sales Tax (Exemptions and Classifications) Act 1992. The Act imposes several obligations on parties subject to sales tax. For instance, from 9 May 1995, the provisions of the Sales Tax (Exemptions and Classifications) Act 1992 are modified to include new classifications and exemptions for certain goods such as scaffolding, safes, racking, and shelving, as set out in Schedule 1. From 1 July 1995, the definition of "eligible disabled person" is updated to require a certificate from the Secretary confirming the loss of use of one or more limbs, as detailed in Schedule 2. Finally, from 1 November 1995, certain entries in Schedule 1 are omitted, as specified in Schedule 3. The Act also outlines specific consequences for non-compliance. While the Act itself does not explicitly state penalties for breach, the Sales Tax Assessment Act 1992 provides for fines and imprisonment for various tax-related offences. The penalties can vary significantly depending on the nature and severity of the breach, but they may include substantial fines and, in some cases, imprisonment. It is important for parties subject to sales tax to ensure compliance with these modifications to avoid potential penalties.

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