Sales Tax (In Situ Pools) (Deficit Reduction) Act 1993

Administered by Department of the Treasury

Legislation au C2004A04598 Not in force Act

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Sales Tax (In Situ Pools) (Deficit Reduction) Act 1993

Act No. 43 of 1993 as amended

[Note: This Act was repealed by Act No. 101 of 2006 on 14 September 2006

For transitional and application provisions see Act No. 101, 2006, Schedule 6 (items 5–11)]

This compilation was prepared on 11 October 2000
taking into account amendments up to Act No. 94 of 1995

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
AttorneyGeneral’s Department, Canberra

 

 

 

Contents

Part 1—Preliminary

1 Short title [see Note 1]...........................

2 Commencement...............................

3 Object of Act.................................

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

Part 2—Modifications commencing on 18 August 1993

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

Part 3—Modifications commencing on 1 July 1995

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

Schedule 1—Modifications commencing on 18 August 1993

Schedule 2—Modifications commencing on 1 July 1995

Notes

 

An Act relating to sales tax

Part 1—Preliminary

1  Short title [see Note 1]

  This Act may be cited as the Sales Tax (In Situ Pools) (Deficit Reduction) Act 1993.

2  Commencement

 (1) Parts 1 and 2 and Schedule 1 are taken to have commenced on 18 August 1993.

 (2) Part 3 and Schedule 2 commence on 1 July 1995.

3  Object of Act

  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 (In Situ Pools) Act 1992.

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

  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 commencing on 18 August 1993

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

  The provisions of the Sales Tax (Exemptions and Classifications) Act 1992 have effect, in so far as they deal with tax imposed by the Sales Tax Imposition (In Situ Pools) Act 1992, as if:

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

 (b) those modifications applied to dealings with goods on or after 18 August 1993.


Part 3—Modifications commencing on 1 July 1995

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

  The provisions of the Sales Tax (Exemptions and Classifications) Act 1992 (as modified by Part 2 of this Act) have effect, in so far as they deal with tax imposed by the Sales Tax Imposition (In Situ Pools) Act 1992, as if:

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

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

Schedule 1—Modifications commencing on 18 August 1993

Section 5

1.  Schedule 2

Omit “GOODS TAXED AT 10%”, substitute “GOODS TAXED AT 11%”.

2.  Schedule 3

Omit “GOODS TAXED AT 15%”, substitute “GOODS TAXED AT 16%”.

3.  Schedule 4

Omit “GOODS TAXED AT 20%”, substitute “GOODS TAXED AT 21%”.

4.  Schedule 5

Omit “GOODS TAXED AT 30%”, substitute “GOODS TAXED AT 31%”.

Schedule 2—Modifications commencing on 1 July 1995

Section 6

1.  Schedule 2:

Omit “GOODS TAXED AT 11%”, substitute “GOODS TAXED AT 12%”.

3.  Schedule 4:

Omit “GOODS TAXED AT 21%”, substitute “GOODS TAXED AT 22%”.

4.  Schedule 5:

Omit “GOODS TAXED AT 31%”, substitute “GOODS TAXED AT 32%”.

Notes to the Sales Tax (In Situ Pools) (Deficit Reduction) Act 1993

Note 1

The Sales Tax (In Situ Pools) (Deficit Reduction) Act 1993 as shown in this compilation comprises Act No. 43, 1993 amended as indicated in the Tables below.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Sales Tax (In Situ Pools) (Deficit Reduction) Act 1993

43, 1993

19 Oct 1993

Parts 1 and 2 (ss. 15): 18 Aug 1993
Remainder: 1 July 1995

 

Taxation Laws Amendment (Budget Measures) Act 1995

94, 1995

27 July 1995

Schedule 3 (Part 2 (items 5, 6)): 1 July 1995
Schedule 9: Royal Assent
Remainder: 9 May 1995

Table of Amendments

ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Schedule 2...............

am. No. 94, 1995

 

Overview

The Sales Tax (In Situ Pools) (Deficit Reduction) Act 1993, Act No. 43 of 1993, was enacted by the Australian Parliament to address the issue of deficit reduction through modifications to sales tax rates on in situ pools. This legislation aimed to modify the Sales Tax (Exemptions and Classifications) Act 1992, specifically concerning the tax imposed by the Sales Tax Imposition (In Situ Pools) Act 1992. The object of this Act, as stated, is to adjust the sales tax rates to help alleviate the budget deficit. The Act was amended by the Taxation Laws Amendment (Budget Measures) Act 1995, with specific modifications taking effect on 18 August 1993 and 1 July 1995. Notably, this Act was repealed by Act No. 101 of 2006 on 14 September 2006, with transitional provisions detailed in the 2006 Act's Schedule 6 (items 5–11).

Scope and Application

The Sales Tax (In Situ Pools) (Deficit Reduction) Act 1993 applies to modifying the provisions of the Sales Tax (Exemptions and Classifications) Act 1992 as they relate to the tax imposed by the Sales Tax Imposition (In Situ Pools) Act 1992. This Act is a Commonwealth statute and operates nationally across Australia, affecting entities involved in the sale of goods subject to sales tax. It specifically alters the tax rates for certain categories of goods, increasing them to facilitate deficit reduction. The modifications are phased, with initial changes effective from 18 August 1993, and further adjustments taking effect from 1 July 1995. The Act does not explicitly exclude any entities or transactions, but its amendments are targeted at specific goods classifications, thus indirectly applying to those involved in the relevant sales. The application of this Act is further extended or restricted through subordinate instruments, as indicated in the schedules, and the Act was repealed by the Taxation Laws Amendment Act 2006, with transitional provisions detailed in that Act's Schedule 6.

Key Provisions

The Sales Tax (In Situ Pools) (Deficit Reduction) Act 1993 (the Act) serves to amend the Sales Tax (Exemptions and Classifications) Act 1992, specifically in relation to tax imposed by the Sales Tax Imposition (In Situ Pools) Act 1992. The Act introduces modifications to the tax rates for certain goods, effective from 18 August 1993 and further modified on 1 July 1995. Under section 5 of the Act, it modifies the Sales Tax (Exemptions and Classifications) Act 1992 to change the tax rates for various goods, such as increasing the tax rate from 10% to 11% for certain goods, as outlined in Schedule 1 (section 51). Similarly, section 6 of the Act further modifies these rates, increasing them again from 11% to 12% for certain goods, as detailed in Schedule 2 (section 61). The Act imposes obligations on entities and individuals involved in the sale of goods subject to sales tax to ensure compliance with the amended tax rates. Specifically, they must adjust their pricing and reporting to reflect the new tax rates as stipulated by the Act. Sellers and purchasers of goods affected by these changes must take into account the new tax rates when engaging in transactions involving the specified goods. Breach of the provisions of this Act can lead to various consequences. While specific offences and penalties are not detailed in the provided text, it is reasonable to infer that non-compliance with the amended tax rates could result in penalties under the Sales Tax Assessment Act 1992. Typically, penalties for non-compliance with sales tax laws may include fines and potential criminal charges for more severe breaches. The exact penalties would be determined in accordance with the prevailing tax legislation and any relevant case law.

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Taxation Law
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Act
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Repeal & Amendment
Modifications of Existing Legislation
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