STATUTORY RULES.
1949. No. 47.
REGULATION UNDER THE SOCIAL SERVICES CONTRIBUTION ASSESSMENT ACT 1945-1948.*
I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Social Services Contribution Assessment Act 1945-1948.
Dated this fourth day of August, 1949.
J. NORTHCOTT
Deputy of the Governor-General.
By His Excellency’s Command,
J. B. CHIFLEY
Treasurer.
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Amendment of the Social Services Contribution Regulations.†
After regulation 8 of the Social Services Contribution Regulations the following regulation is inserted :—
Provisional contribution for year of income 1949-1950.
“ 9.—(1.) For the purpose of ascertaining the amount of provisional contribution payable, by a contributor to whom this regulation applies, in accordance with section 18 of the Social Services Contribution Assessment Act 1945-1948 insofar as it applies the provisions of section 221yc of the Income Tax Assessment Act 1936-1948, in respect of the income of the year of income ending on the thirtieth day of June, 1950, the references in sub-section (1.) of that last-mentioned section, as so applied, to the social services contribution assessed in respect of the income of the year next preceding that year of income shall be read as references to the contribution so assessed, reduced—
(a) in the case of a contributor specified in paragraph (a) of the next succeeding sub-regulation—by one-third of that contribution ; or
(b) in the case of a contributor specified in paragraph (b) of the next succeeding sub-regulation—by the amount by which one-third of that contribution exceeds the income tax assessed in respect of his income of that next preceding year of income,
and the provisional contribution payable apart from this regulation shall be decreased accordingly.
* Notified in the Commonwealth Gazette on 5th August, 1949.
† Statutory Rules 1945, No. 191, as amended by Statutory Rules 1946, No 134; 1947, Nos. 78 and 172; and 1948, No. 164.
2713.—Price 3d.
(2.) This regulation shall apply to—
(a) a contributor in respect of whose income of the year of income which ended on the thirtieth day of June, 1949, income tax is not assessed ; or
(b) a contributor in respect of whose income of that year of income income tax is assessed, if the amount so assessed is less than one-third of the social services contribution assessed in respect of that year of income.”.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Social Services Contribution Assessment Act 1945-1948 was enacted to address issues related to the assessment of social services contributions, particularly in relation to provisional contributions for specific income years. The Act was established by the Parliament of Australia and aimed to ensure accurate and fair assessment of contributions, particularly in cases where income tax assessments were lower than the social services contributions. The accompanying regulation, issued in 1949 under the authority of the Deputy of the Governor-General, further clarified the application of the Act by adjusting provisional contributions for contributors whose income tax was less than one-third of the assessed social services contribution. This legislative instrument sought to align provisional contributions more closely with the actual income tax assessments, thereby ensuring that contributions were neither overestimated nor underestimated based on the income of the preceding year.
Scope and Application
The Social Services Contribution Regulations, made under the Social Services Contribution Assessment Act 1945-1948, pertain specifically to contributors who fall under certain income tax criteria. This regulation targets contributors whose income tax assessed for the year ending June 30, 1949, is either not assessed at all or is less than one-third of the social services contribution assessed for that year. The regulation applies to these contributors to determine a provisional contribution for the income year ending June 30, 1950, adjusting the amount based on the criteria specified. The regulation adjusts the social services contribution by reducing it by one-third for certain contributors, or by an amount that exceeds the income tax assessed, depending on the specific circumstances outlined in the regulation. This legislative instrument, therefore, operates within the Commonwealth jurisdiction, extending its reach to individuals and entities subject to the specified income tax conditions for the relevant income year.
Key Provisions
This regulation, numbered 9, amends the Social Services Contribution Regulations to adjust provisional contributions for the 1949-1950 income year. Specifically, it modifies the method of calculating provisional contributions for contributors who meet certain criteria related to income tax assessments from the previous year. According to section 18 of the Social Services Contribution Assessment Act 1945-1948, provisional contributions are adjusted based on whether income tax was assessed for the previous year's income and, if so, the amount of that assessment. For contributors whose income tax for the previous year was not assessed or was less than one-third of the social services contribution, the regulation reduces the contribution by one-third or by the difference between one-third of the contribution and the assessed income tax, respectively.
The regulation imposes specific obligations on contributors whose income tax for the previous year was not assessed or was less than one-third of the social services contribution. These contributors must adjust their provisional contribution for the current year based on the formula provided. This adjustment reduces the provisional contribution by one-third of the previous year's contribution or by the difference between one-third of that contribution and the income tax assessed for the previous year, depending on the circumstances. This adjustment ensures that the provisional contribution is more accurately aligned with the contributor's actual tax liability from the previous year.
Failure to comply with the requirements of this regulation could result in incorrect provisional contributions being paid or not paid at all, potentially leading to financial discrepancies and possible audits by the relevant authorities. Although the regulation itself does not explicitly state penalties for non-compliance, breaches of the Social Services Contribution Assessment Act or related regulations could result in civil or criminal penalties as stipulated in other sections of the Act. Such penalties could include fines and, in severe cases, imprisonment. The exact penalties would depend on the specific nature of the breach and the discretion of the courts.