Sales Tax Regulations (Amendment)

Legislation au C1933L00120 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1933. No. 120.

 

REGULATIONS MADE UNDER—

THE SALES TAX ASSESSMENT ACT (No. 1) 1930-1933

THE SALES TAX ASSESSMENT ACT (No. 2) 1930-1933

THE SALES TAX ASSESSMENT ACT (No. 3) 1930-1933

THE SALES TAX ASSESSMENT ACT (No. 4) 1930-1933

THE SALES TAX ASSESSMENT ACT (No. 5) 1930-1933

THE SALES TAX ASSESSMENT ACT (No. 6) 1930-1933

THE SALES TAX ASSESSMENT ACT (No. 7) 1930-1933

THE SALES TAX ASSESSMENT ACT (No. 8) 1930-1933.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Sales Tax Assessment Act (No. 1) 1930-1933, the Sales Tax Assessment Act (No. 2) 1930-1933, the Sales Tax Assessment Act (No. 3) 1930-1933, the Sales Tax Assessment Act (No. 4) 1930-1933, the Sales Tax Assessment Act (No. 5) 1930-1933, the Sales Tax Assessment Act (No. 6.) 1930-1933, the Sales Tax Assessment Act (No. 7) 1930-1933, and under the Sales Tax Assessment Act (No. 8) 1930-1933.

Dated this twenty-sixth day of October, 1933.

ISAAC A. ISAACS

Governor-General.

By His Excellency's Command,

R. G. CASEY

for Treasurer.

 

Amendment of Sales Tax Regulations.

(Statutory Rules 1930. No. 156, as amended to this date.)

Parts.

1. Regulation 3 of the Sales Tax Regulations is amended by inserting after the words “Part IIIa.—Sale Value in certain cases” the words “Part IIIb.—Exemptions”.

Goods made to order.

2. Regulation 18a of the Sales Tax Regulations is amended by omitting paragraph (a) and inserting in its stead the following paragraph:—

“(a) in the case of clothes for human wear—by deducting from the total amount payable by the customer to the manufacturer thirty-three and one-third per centum of that amount; and”.


3. After Part IIIa. of the Sales Tax Regulations the following part and regulations are inscribed:—

“Part IIIb.—Exemptions.

Articles for use in church services.

18b. The equipment and articles specified in the Second Schedule to these Regulations shall be prescribed equipment and articles for the purposes of the exemptions from sales tax contained in the Sales Tax Assessment Acts (Nos. 1-8) 1930-1933 of ‘Equipment as prescribed, for use in churches and church services and articles as prescribed for use in religious devotion ’.

Food for infants and invalids.

“18c. The substances specified in the Third Schedule to these Regulations shall be prescribed food and materials for the purposes of the exemption from sales tax contained in the Sales Tax Assessment Acts. (Nos. 1-8) 1930-1933 of ‘Food for infants and invalids, and materials for the preparation thereof, as prescribed’.

Surgical, &c., instruments.

“18d. The instruments, appliances and materials specified in the Fourth Schedule to these Regulations shall be prescribed instrument appliances and materials for the purposes of the exemption from sales tax contained in the Sales Tax Assessment Acts (Nos. 1-8) 1930-1933 of ‘Surgical, dental and veterinary instruments, appliances and materials as prescribed'."

Schedule.

4. After the Schedule to the Sales Tax Regulations the following Schedules are inserted:—

“THE SECOND SCHEDULE.

(a) Furniture, furnishings, ornaments rubric, vestments and other articles for use for the purposes of church services;

(b) All articles for use in religious devotion except any article of a kind which is ordinarily and primarily used for purposes of a non-religious character.

“THE THIRD SCHEDULE.

All-am-bi Food;

Allenbury’s Food;

Allenbury’s Diabetic Flour;

Allenbury's Malted Food (No. 3);

Barnes’ Sago Food;

Bemax;

Benger’s Food;

Bourn-Vita;

Bono-Lactin;

Bread, Van Abbotts’ Gluten;

Callard's casoid biscuits;

Callard’s Vitmar;

Carnick’s soluble food;

Carnick’s Liquid Peptonoids;

Clinic Baby Food;

Cornwell’s Extract of Malt;

Cristolax Malt Extract;

Elliott’s Special Clinic Emulsion;

Fairchild’s and Foster’s panopepton;

Faliere’s phosphatine;

Flour—Diabetic, Listers Gluten, Farewell and Rhine’s Manhu Special;

Frame Food;

Glac-Ovo;

Glaxo;

Herogen;

Hewlett’s Malted Food;

Intarvin;

The Third Schedule—continued.

Karilac;

Kariol;

Kellogg’s Malted Nuts;

Kemp’s Emulsion;

Lactogen;

Lactogel;

Lactone Syrup;

Lactose;

Malted Milk;

Maltogen;

Maltovine Milk Food Biscuits;

Mellin’s Food;

Mellin’s Food Biscuits;

Milk powder, paptogenic;

Moseley’s foods;

Murdock’s liquid food;

McKenzie’s Extract of Malt;

Neave’s Food;

Neave’s Health Diet;

Neave’s Milfo;

Neave’s Milk Food;

Nestle’s Milk Food;

Neurogen;

Nutritive liquid peptone;

Ovaluet;

Ovaltine;

Paramount Vitamin Malt;

Prescription Glaxo;

Radio-Malt;

Robinson’s Patent Barley;

Robolcine;

Rumford’s Groats;

Russell prepared green bone (lime food);

Sanatogen;

Savory and Moore’s Food;

Smedley’s, Dr., Malted Food;

Somatose, in liquid or powder form;

Sugar of Milk;

Suppositories, meat (predigested);

Suppositories, milk (predigested);

Vi-Luctogen;

Virol;

Vitamin;

Vitamina;

Vito B.

“THE FOURTH SCHEDULE.

(a) Surgical instruments, appliances and materials which are of a kind ordinarily sold by manufacturers or distributors of surgical instrument appliances and materials for use in hospitals or by medical practitioners.

(b) Artificial eyes and artificial limbs and other surgical appliances to be used by persons suffering from physical disabilities.

(c) Dental instruments, appliances and materials which are of a kind ordinarily sold by manufacturers or distributors of dental instruments, appliances and materials for use by dentists or dental mechanics.

(d) Veterinary instruments, appliances and materials which are of a kind used by veterinary surgeons, and also drenching guns and syringes, and lamb-marking cradles.”

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1933 No. 120, titled "Regulations Made Under—The Sales Tax Assessment Act (No. 1) 1930-1933," etc., was enacted in 1933 by the Governor-General of Australia, acting on the advice of the Federal Executive Council. This legislative instrument was designed to address the need for amendments to the Sales Tax Regulations to ensure the implementation of sales tax exemptions for specific goods, including those used in church services, food for infants and invalids, and surgical, dental, and veterinary instruments. The objective of these regulations was to refine the exemptions from sales tax as stipulated in the various Sales Tax Assessment Acts from 1930 to 1933, thereby ensuring that certain essential goods and services were not subject to sales tax, providing relief to consumers and aligning with the policy objectives of the time.

Scope and Application

The Statutory Rules 1933 No. 120 made under the Sales Tax Assessment Acts (Nos. 1-8) 1930-1933, pertains to the regulation of sales tax in Australia, specifically addressing various aspects of sales tax such as exemptions, sale value calculations, and amendments to existing regulations. The scope of the Act applies to any person or entity involved in transactions that are subject to sales tax within the Commonwealth of Australia. The Act details specific exemptions from sales tax for certain goods, including those made to order, equipment and articles for use in church services, food for infants and invalids, and surgical, dental, and veterinary instruments and materials. The jurisdictional reach of this legislation is national, as it is enacted under the authority of the Commonwealth of Australia. Subordinate instruments, such as schedules detailing specific exemptions and amendments to existing regulations, extend the application of the Act by providing detailed clarification and specific examples of exempted goods and services.

Key Provisions

The Regulations made under the Sales Tax Assessment Acts (No. 1-8) 1930-1933 introduce several amendments and additions to the Sales Tax Regulations, impacting how sales tax is assessed and collected. Firstly, Regulation 3 is amended by adding a new Part IIIb, titled "Exemptions" (Reg. 1). This new part aims to specify certain goods and services that are exempt from sales tax. Secondly, Regulation 18a is revised to adjust the calculation method for sales tax on clothes for human wear, requiring a deduction of thirty-three and one-third percent from the total amount payable by the customer to the manufacturer (Reg. 2). These Regulations impose specific obligations on businesses and individuals involved in the sale of goods and services subject to sales tax. For instance, businesses must correctly identify whether their goods or services fall under any of the newly defined exemptions and ensure they do not apply sales tax where exemptions apply (Reg. 18b, 18c, 18d). This involves keeping accurate records and documentation to demonstrate compliance with the specified exemptions. Moreover, businesses need to be aware of the new calculation method for sales tax on certain clothing items, ensuring that they adjust their pricing and record-keeping practices accordingly (Reg. 2). Failure to comply with these Regulations can result in various civil and criminal consequences. For example, businesses that incorrectly apply sales tax or fail to claim exemptions where applicable may be subject to fines, penalties, or other administrative actions. The exact penalties for non-compliance are not specified in the Regulations themselves but are typically outlined in the relevant Sales Tax Assessment Acts. Generally, penalties for tax-related offences can include fines, imprisonment, or both, depending on the severity and intent of the violation. It is important for businesses to adhere strictly to these Regulations to avoid potential legal repercussions.

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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.