Sales Tax Laws Amendment Act (No. 1) 1992

Administered by Department of the Treasury

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Sales Tax Laws Amendment Act (No. 1) 1992

No. 14 of 1992

 

An Act to amend the law relating to sales tax, and for related purposes

[Assented to 6 April 1992]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Sales Tax Laws Amendment Act (No. 1) 1992.

Commencement

2. This Act is taken to have commenced on 27 February 1992.

PART 2—AMENDMENT OF THE SALES TAX (EXEMPTIONS
AND CLASSIFICATIONS) ACT 1935

Principal Act

3. In this Part, "Principal Act" means the Sales Tax (Exemptions and Classifications) Act 19351.


Second Schedule

4. The Second Schedule to the Principal Act is amended by omitting the definition of "Sales tax rate" in sub-item 61(2) and substituting the following definition:

" 'Sales tax rate' means 0.2".

Fourth Schedule

5. The Fourth Schedule to the Principal Act is amended:

(a) by omitting from sub-item 1(1) "of a kind ordinarily used for commercial purposes";

(b) by omitting from paragraph 1(1)(c) "an item" and substituting "item 1".

Fifth Schedule

6. The Fifth Schedule to the Principal Act is amended:

(a) by omitting items 1 and 2 and substituting the following item:

"1.(1) Motor vehicles manufactured in Australia that, if they had been imported into Australia, would have been heading 8703 passenger motor vehicles

"(2) Motor vehicles imported into Australia that are heading 8703 passenger motor vehicles

For the purposes of this item:

'heading 8703 passenger motor vehicle' means a motor vehicle:

(a) to which heading 8703 in Schedule 3 to the Customs Tariff applies; and

(b) that is a passenger motor vehicle for the purposes of that heading".

(b) by omitting from item 3 "Items 1 and 2 do" and substituting "Item 1 does".

PART 3—AMENDMENT OF OTHER ACTS

Amendment of other Acts

7. Each of the following Acts is amended as set out in the Schedule

Sales Tax Act (No. 1) 1930

Sales Tax Act (No. 2) 1930

Sales Tax Act (No. 3) 1930

Sales Tax Act (No. 4) 1930

Sales Tax Act (No. 5) 1930

Sales Tax Act (No. 6) 1930

Sales Tax Act (No. 7) 1930

Sales Tax Act (No. 8) 1930

Sales Tax Act (No. 9) 1930.


PART 4—APPLICATION OF AMENDMENTS

Application of amendments

8. The amendments made by this Act apply in relation to transactions, acts and operations effected or done in relation to goods after the commencement of this Act.

__________

 SCHEDULE Section 7

AMENDMENT OF OTHER ACTS

Paragraph 4(a):

Omit "or Fifth".

After paragraph 4(a):

Insert:

"(aa) in respect of goods covered by the Fifth Schedule to that Act—15%;".

__________________________________________________________________________________

NOTE

1. No. 60, 1935, as amended. For previous amendments see No. 41, 1936; No. 78, 1938; No. 32, 1939; Nos. 29 and 76, 1940; No. 32, 1941; No. 6, 1942; Nos. 35 and 44, 1943; No. 31, 1944; No. 36, 1945; Nos. 12 and 67, 1946; No. 65, 1947; No. 42, 1948; No. 54, 1949; No. 37, 1950; No. 42, 1951; No. 44, 1952; No. 53, 1953; No. 45, 1954; No. 5, 1956; No. 71, 1957; Nos. 17 and 92, 1959; Nos. 65 and 88, 1960; Nos. 1 and 76, 1961; No. 4, 1962; No. 44, 1963; No. 30, 1965; Nos. 26 and 62, 1966; No. 78, 1970; Nos. 67 and 87, 1972; Nos. 17, 181 and 216, 1973; No. 24, 1975; Nos 21, 29, 80 and 175, 1976; No. 107, 1978; Nos. 3, 94 and 157, 1979; No. 142, 1981; Nos. 64, 93 and 115, 1982; Nos. 63, 84 and 136, 1983; Nos. 81, 123 and 165, 1984; Nos. 65, 67, 145 and 178, 1985; Nos. 28, 76 and 98, 1986; Nos. 42, 135 and 140, 1987; Nos. 78, 89 and 152, 1988; Nos. 63, 72, 149, 150, 166 and 167, 1989; Nos. 18, 55, 57, 58, 82 and 131, 1990; and Nos. 51, 143, 145 and 202, 1991.

[Minister's second reading speech made in—

House of Representatives on 26 February 1992

Senate on 5 March 1992]

Overview

The Sales Tax Laws Amendment Act (No. 1) 1992 was enacted by the Parliament of Australia to revise the existing sales tax laws, specifically addressing the Sales Tax (Exemptions and Classifications) Act 1935. This amendment aimed to address various issues related to the classification, exemptions, and rates of sales tax, ensuring the tax system was aligned with contemporary economic conditions and regulatory requirements. The Act's policy objective was to streamline and modernise the sales tax framework, enhancing its effectiveness and fairness. The amendments introduced by this Act applied to transactions and operations involving goods that occurred after the Act's commencement on 27 February 1992, ensuring that the changes were implemented in a timely and consistent manner across the relevant jurisdictions.

Scope and Application

The Sales Tax Laws Amendment Act (No. 1) 1992 amends the Sales Tax (Exemptions and Classifications) Act 1935, applying to transactions involving goods after its commencement on 27 February 1992. This Act targets entities and individuals engaged in the sale of goods, particularly focusing on motor vehicles, both those manufactured in Australia and those imported into Australia. The amendments are designed to revise the sales tax rate and classifications, impacting the sales tax obligations for these entities and individuals. The Act's reach is national, as it pertains to federal legislation, thereby affecting all states and territories within Australia. However, it does not explicitly mention exclusions or exemptions, though these might be inferred from the specific amendments detailed within the Act. Additionally, the Act allows for further application and interpretation through subordinate instruments, which may provide more detailed guidelines or exceptions as necessary.

Key Provisions

The Sales Tax Laws Amendment Act (No. 1) 1992 amends several key aspects of the Sales Tax (Exemptions and Classifications) Act 1935, primarily through modifications to the Second, Fourth and Fifth Schedules of the Principal Act. The Act redefines the term "Sales tax rate" in the Second Schedule, setting it at 0.2. Additionally, it removes certain phrases and references from the Fourth and Fifth Schedules to refine the classification and application of sales tax to specific goods, particularly motor vehicles. The amendments impose specific obligations on businesses and entities dealing with goods subject to sales tax. They are required to adhere to the new classifications and tax rates as outlined in the amended schedules, ensuring that appropriate sales tax is levied and remitted on goods as defined. This includes a specific focus on Australian-made and imported motor vehicles, which now have a distinct classification under the Fifth Schedule. Violation of the provisions outlined in the Sales Tax Laws Amendment Act (No. 1) 1992 can lead to civil and criminal consequences. Although the Act does not explicitly state penalties, breaches of sales tax laws generally attract fines and other penalties under the broader sales tax framework. The maximum penalties can be significant, depending on the severity and intent of the breach, and may include fines and, in some cases, imprisonment for persistent or deliberate non-compliance.

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