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Sales Tax (Exemptions and Classifications) Act 1953

Authoritative Version
  • - C1953A00053
  • No longer in force
Act No. 53 of 1953 as made
An Act to amend the Sales Tax (Exemptions and Classifications) Act 1935-1952.
Date of Assent 28 Oct 1953
Date of repeal 24 Jun 2014
Repealed by Amending Acts 1901 to 1969 Repeal Act 2014

SALES TAX (EXEMPTIONS AND CLASSIFICATIONS).

 

No. 53 of 1953.

An Act to amend the Sales Tax (Exemptions and Classifications) Act 1935-1952.

[Assented to 28th October, 1953.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :—

Short title and citation.

1.—(1.) This Act may be cited as the Sales Tax (Exemptions and Classifications) Act 1953.

(2.)  The Sales Tax (Exemptions and Classifications) Act 1935-1952 is in this Act referred to as the Principal Act.

(3.)  The Principal Act, as amended by this Act, may be cited as the Sales Tax (Exemptions and Classifications) Act 1935-1953.

Commencement.

2.   This Act shall be deemed to have come into operation on the tenth day of September, One thousand nine hundred and fifty-three.

Classification of goods.

3.   Section six b of the Principal Act is amended—

(a) by omitting sub-section (1.) and inserting in its stead the following sub-section :—

“(1.) The goods specified in the Second Schedule to this Act are so specified for the purposes of the Acts imposing sales tax upon goods so specified.”; and


 

(b) by omitting from sub-section (2.) the words “any of the Schedules to this Act other than the First Schedule”. and inserting in their stead the words “the Second Schedule to this Act”.

First Schedule.

4.   The First Schedule to the Principal Act is amended—

(a) by inserting in item 1, after sub-item (14), the following sub-item :—

“(14a) Electricity generators and generator sets, and electric welding sets, for use in agricultural industry, and shafting, belting, pulleys, couplings and other transmission gear and electrodes for use with those goods

Nos. 1 to 9”;

(b) by omitting sub-item (1) of item 26 and inserting in its stead the following sub-item :—

“(1) Milk products, namely, casein, milk powder, condensed or concentrated milk, skim milk, skim milk powder, condensed or concentrated skim milk, butter milk, butter milk powder, or any food containing not less than 95 per centum of milk (including skim milk) or milk powder (including skim milk powder)

Nos. 1 to 4 and 9”;

 

 

(c) by omitting sub-items (2) and (3) of item 36 and inserting in their stead the following sub-items :—

“(2) Cider..............................................................................................

Nos. 1 to 4 and 9

“(3) Fruit juice cordials or concentrates for the making of non-alcoholic beverages, being cordials or concentrates which consist of not less than 25 per centum by volume of juices of Australian fruits; cordials, for the making of non-alcoholic beverages, manufactured from fruit juice concentrates, being concentrates which, with the addition of sufficient water to bring them to natural strength, form not less than 25 per centum by volume of the cordial; non-alcoholic beverages consisting wholly of juices of Australian fruits or vegetables (including herbage)

Nos. 1 to 4 and 9”;

(d) by inserting in paragraph (a) of sub-item (1) of item 51, after the word “painting”, the words “(not being children’s books containing printed illustrations for copying or colouring or for copying and colouring)”;

(e) by omitting sub-item (2) of item 81 and inserting in its stead the following sub-item :—

“(2) Wireless transceivers and parts for wireless transceivers for use, in conjunction with the radio service conducted by the Flying Doctor Service of Australia or the Cairns Aerial Ambulance Service, by a person to whom a licence has been issued under the Wireless Telegraphy Regulations for that purpose

Nos. 1 to 9”

 

 

(f) by omitting sub-item (2) of item 82 and inserting in its stead the following sub-item :—

“(2) Stone, including synthetic stone, decomposed rock, crushed metals, crushed bricks, furnace slag (crushed or uncrushed), screenings, toppings and dust; gravel, seashell, sand, clay and soil”:

(g) by inserting in sub-item (2) of item 85a, after the word “titanium”, the word “dioxide”;


 

(h) by omitting items 90b and 90c and inserting in their stead the following items :—

“90b.—(1) Cooking stoves and ranges of a kind used exclusively or primarily and principally for domestic purposes, but not including portable stoves, portable roasters, portable cookers or portable ranges

Nos. 1 to 9

“(2) Fire grates and fire places of a kind exclusively or primarily and principally installed as fixtures in houses

Nos. 1 to 9

“(3) Parts for goods covered by this item

Nos. 1 to 9

“90c.—(1) Electrical fittings and accessories, and electrical materials, being goods of a kind used exclusively or primarily and principally as part of fixed electrical installations in consumers’ premises, but not including—

(a) bell equipment, burglar alarm equipment, fire alarm equipment, recording equipment and electronic equipment;

(b) brackets, canopies, chains, hooks and galleries;

(c) candelabra, chandeliers, electroliers, electric light globes, lamps and tubes, pendants, shades, bowls and reflectors;

(d) condensers, converters, starters and transformers;

(e) electrically operated appliances, apparatus or machines;

(f) engines, alternators, primary and secondary batteries and other generating equipment;

(g) flexible cables;

(h) light boxes; or

(i) neon signs and other luminous discharge lighting equipment, including fluorescent lighting equipment

Nos. 1 to 9

“(2) Adaptors and plugs of a kind used exclusively or primarily and principally in connexion with fixed electrical installations in consumers’ premises

Nos. 1 to 9

“(3) Switch lampholders

Nos. 1 to 9

“(4) Parts for goods covered by this item

Nos. 1 to 9”;

(i) by inserting after item 90da the following item :—

“‘90db. Chemicals and other materials or preparations put up for sale for use exclusively or primarily and principally in or in the operation of goods covered by sub-items (3) and (4) of item 90d, or by item 90da, in this Schedule

Nos. 1 to 9”;

(j) by omitting item 90f and inserting in its stead the following item :—

“99f.—(1) Bath heaters, sink heaters and other water heating and hot water storage equipment, being goods of a kind installed as fixtures in houses

Nos. 1 to 9

“(2) Appliances for softening water, being goods of a kind installed as fixtures

Nos. 1 to 9

“(3) Parts for, and materials for use in the operation of, goods covered by sub-item (1) or (2) of this item, and stands and drip trays for use in connexion with any of those goods

Nos. 1 to 9”;


 

(k) by inserting after item 119 the following item :—

“119a.—(1) Aeroplanes (including flying boats, seaplanes and helicopters) not being for use exclusively or primarily and principally—

(a) in the transport of persons or goods for hire or reward; or

(b) for other commercial purposes

Nos. 1 to 9

“(2) Gliders..................................................................................

Nos. 1 to 9

“(3) Equipment (being machines, implements or apparatus) for use in goods covered by sub-item (1) or (2) of this item

Nos. 1 to 9

“(4) Parts for goods covered by sub-item (1), (2) or (3) of this item

Nos. 1 to 9

“(5) Materials for use in the construction or repair of, so as to form part of, goods covered by this item

Nos. 1 to 9”

(l) by omitting from item 120 the words “any other Schedule” and inserting in their stead the words “the Second Schedule”;

(m) by omitting from sub-item (1) of item 120 the words “Knitted parts for garments, including bands, basques and necks;”;

(n) by inserting after sub-item (1) of item 120 the following sub-item :—

“(1a) Goods of a kind used exclusively or primarily and principally as parts of goods covered by sub-item (I) of this item, including—

(a) Garment shields;

(b) Hip pads;

(c) Iron-on mending patches and cuff savers;

(d) Lead weights;

(e) Shoulder pads;

(f) Woven names and initials”;

(o) by omitting paragraph (f) of sub-item (4) of item 120 and inserting in its stead the following paragraph :—

“(f) Curtains and textile cords for fastening curtains;”;

(p) by omitting sub-item (6) of item 120 and inserting in its stead the following sub-item :—

“(6) Braid, cloth belting, cloth ribbon, cloth tape, elastic, fringe, insertion lace, wadding, webbing, lacing cord and other textile cords of a kind used on clothing, drapery or soft furnishings”;

(q) by adding at the end of sub-item (8) of item 120 the following paragraph :—

“(d) Hand weaving yarns of linen or cotton “;

(r) by adding at the end of item 120 the following sub-item :—

(11) Buttons, buckles, button and buckle moulds, belt slides, belt clasps, hooks and eyes, press studs, snap fasteners, slide fasteners and other fasteners of a kind used exclusively or primarily and principally as part of clothing or footwear covered by sub-item (1) or (2) of this item and

Nos. 1 to 9”;


 

(s) by adding after item 138 the following items :—

"139.—(1) Preparations and materials for use in the destruction of insect pests

Nos. 1 to 9

“(2) Appliances of a kind used exclusively or primarily and principally for the purpose of the use of goods covered by sub-item (1) of this item

Nos. 1 to 9

“(3) Fly papers, fly traps and other appliances of a kind used exclusively or primarily and principally in the destruction of insect pests

Nos. 1 to 9

“(4) Parts for goods covered by sub-item (2) or (3) of this item

Nos. 1 to 9

“140. Matches, namely, safety matches, book matches and wax matches, but not including fusees, Bengal lights or Bengal matches

Nos. 1 to 9

“141. Flags made of cloth, paper or plastic sheeting, being emblems of nations, states or territories, or of the United Nations

Nos. 1 to 9

“142. Miniatures of orders, decorations and medals awarded by authority of the Sovereign, or the acceptance of which has been approved by the Sovereign

Nos. 1 to 9”

Repeal of certain Schedules, and insertion of new Schedule.

5.   The Second, Third and Fourth Schedules to the Principal Act are repealed and the following Schedule is inserted in their stead :—

SECOND SCHEDULE.

Section 6b.

Item No.

Specification of Goods.

1

Jewellery and imitation jewellery (but not including wedding rings covered by item 138 in the First Schedule to this Act), precious stones, semi-precious stones, pearls, cultured pearls, imitation, reconstructed or synthetic stones and pearls and personal adornments

2

Plate and plated ware, being articles made wholly or principally of, or plated with, platinum, gold, silver or other precious metal, and including articles of rolled gold and gold filled articles, but not including—

(a) knives, forks, spoons or other cutlery;

(b) scissors;

(c) cutlery sharpeners;

(d) school or university badges or badges which denote membership of organizations or associations of persons; or

(e) goods covered by any item in the First Schedule to this Act

3

Pewter

4

Cut-glass ware

5

Studs, sleeve links, tie chains, tic clips, collar pins, tie pins, gold or silver safety pins and chains for those pins

6

Field glasses, marine glasses and opera glasses and cases for those goods

7

Serviette rings, book ends, book marks, collar boxes, jewel boxes, jewel eases, tie boxe3, handkerchief boxes, stud boxes, paper weights, paper knives, fobs, nut crackers, incense burners, art candles, decorative candles, card cases, cocktail picks, tooth picks, cigar or cigarette cases and lighters for cigarettes, cigars or pipes

8

Fancy goods made wholly or principally of precious metals, ivory, amber, jet, coral, mother-of-pearl, natural shells, tortoise shell, jade, onyx, lapis lazuli, ebony, alabaster, marble, xylonite, bone, bakelite or other compositions

9

Ornaments

10

Jardinieres and vases


 

Second Schedule—continued.

Item No.

Specification of Goods.

11

Artificial flowers, artificial fruits, artificial vegetables, artificial trees, artificial plants, artificial leaves, artificial berries and artificial grains, but not including wreaths or floral tributes covered by item 137 in the First Schedule to this Act

12

Fountain pens and propelling pencils (including ball-pointed pens and pencils) and stylographs, and parts and re-fills for those goods; leads for propelling pencils

13

Watches, but not including braille watches

14

Movements and parts for watches (other than braille watches)

15

Watch chains and bands, straps and clasps for wristlet watches

16

Clocks, but not including alarm clocks, braille clocks or business time-recording apparatus or machines

17

Movements, parts and keys for clocks, being clocks covered by item 16 in this Schedule

18

Articles made wholly or principally of furskin (including any skin with fur or hair attached), namely :—

(a) coats, coatees, boleros, capes, chokers, collars, hats, caps, necklets, wraps, stoles, crossovers, hand muffs, foot muffs, rugs and mats;

(b) fur trimmings; and

(c) fur skins, tanned, dressed or otherwise processed

19

Hair oils, hair lotions, hair lacquers, hair settings, hair dressings, hair trainers, hair tonics, hair restorers, hair tints, shampoos, hair rinses, hair bleaching preparations, hair dyes, hair dye removers, pomades and hair waving solutions, hair emulsions, sachets and hair medications

20

Face powders, rouge, face creams, face lotions, face oils, face astringents, face colourings, face packs, face masks, lip-sticks, lip salves, eye-brow pencils, eye beautifiers, mascara, eye shadows and similar preparations

21

Nail polishes, nail lacquers, lacquer or polish removers, hand creams, hand lotions and similar preparations

22

Foot powders, foot creams, foot tablets and similar preparations

23

Body powders, body deodorants, depilatories, body creams and similar preparations

24

Suntan oils, suntan lotions and suntan creams

25

Leg tan creams, leg tan lotions, stockingless creams, liquid hosiery and similar preparations

26

Cleansing pads

27

Perfumery, eau-de-cologne and toilet waters

28

Bath salts (solid or liquid) and foam preparations

29

Beauty spots, artificial eye-lashes, artificial eye-brows and artificial finger nails

30

Powder compacts, powder puffs, powder sprays, powder bowls, lipstick containers and perfume sprays

31

Safety razors and safety razor blades

32

Shaving brushes

33

Shaving sticks, shaving creams, shaving soaps, shaving powders, shaving tablets, styptic pencils and liquids and other preparations for use before or after shaving

34

Shaving sets containing any goods covered by item 31, 32 or 33 in this Schedule

35

Toilet or dressing cases and toilet or dressing sets, including home hair waving sets, hair brushes, hair combs, eye-brow brushes, hand mirrors, clothes brushes, hat brushes, manicure and pedicure sets and pieces, dressing table sets and hair tidies

36

Cameras (including cinematograph and stereo cameras), photomatons and machines for taking photographs, but not including photographic equipment of a kind used exclusively or primarily and principally in the reproduction of documents, drawings and plans

37

Photographic enlarging and reducing apparatus, but not including photographic equipment of a kind used exclusively or primarily and principally in the reproduction of documents, drawings and plans


 

Second Schedule—continued.

Item No.

Specification of Goods.

38

Accessories and parts for goods covered by item 36 or 37 in this Schedule

39

Photographs not covered by item 52 in the First Schedule to this Act, including stereoscopic views produced by means of photography and photographs wholly or partly coloured by hand

40

Lantern, screen and camera slides

41

The following goods (not being goods covered by item 52 in the First Schedule to this Act or negatives or positives produced by processing cinematograph film), namely :—

(a) photographic negatives produced for sale;

(b) positives produced by processing photographic film; and

(c) transparencies and reversals

42

Photographic materials and products not covered by item 43 in the First Schedule to this Act, namely :—

(a) unexposed photographic plates and film, including sensitized film for cinematograph cameras;

(b) photographic sensitized paper, cards, board, linen and other sensitized materials; and

(c) mounts, plaques and medallions,

but not including sensitized materials of a kind produced and marketed specifically for use in the reproduction of documents, drawings and plans

43

Motor cars designed primarily and principally for the transport of persons, including sedans, coupés, tourers, roadsters, racing oars, taxi-cabs, station waggons and estate ears, but not including panel vans, delivery vans, utilities, hearses, jeeps, trucks, lorries or motor buses

44

Travelling bags, brief bags, kit bags exceeding eighteen inches in length, gladstone bags, book-makers’ bags, hat boxes, trunks, suitcases, attaché cases exceeding eighteen inches in length, writing or letter cases, music cases, sporting cases or bags, regalia cases, lunch cases exceeding twelve inches in length, hat cases, satchels, grips, sewing bags or cases, sleeping valises or bags, but not including school bags or cases

45

Handbags, evening bags, purses, shopping bags (but not including shopping bags made of paper, string or plastic cord), knitting bags, money belts, wallets, pouches, beach bags, cosmetic bags and cosmetic holdalls

46

Baskets and hampers of a kind used for private, personal, domestic or office purposes, made of cane, wicker, seagrass, metal, wood, fibre or any other material (but not including bassinettes and other sleeping baskets for babies); picnic hampers, picnic baskets, picnic cases and picnic bags, but not including the contents thereof

47

Gramophones, phonographs, musical boxes, musical machines and musical novelties

48

Wireless receiving sets, combined wireless receiving and gramophone sets, record players and pick-ups

49

Records for gramophones and phonographs; protective envelopes, stands, cabinets and other equipment designed for the storage of those records

50

Musical instruments, and instruments for bands and orchestras, including—

(a) pianolas, player-pianos, orchestrals, electric and other organs, carillons and bells;

(b) pianola rolls, player-piano rolls and cabinets for those goods;

(c) drums, cymbals, chimes, triangles, castanets, bones, tambourines, cow-bells, sleigh-bells, wood blocks and other percussion instruments;

(d) concertinas, bagpipes, musettes, pitch pipes, tuning forks and tuning hammers : and

(e) mouth-organs, harmonicas, flageolets, jaw’s or Jew’s harps, ocarinas and octarines, tonettes, canary warblers, kazoos, whistles, magic flutes, calls and blowhorns


 

Second Schedule—continued.

Item No.

Specification of Goods.

51

Equipment for use with goods covered by item 50 in this Schedule, namely, bows, strings, chin rests, bridges, snares, mutes, reeds, metronomes, batons, drum-majors’ staffs, drum sticks, wire brushes, neck straps, music stands, music holders, instrument stands, instrument holders, piano stools, musical instrument cases and covers, picks and plectra

52

Accessories and parts (but not including batteries) for goods covered by item 47, 48, 49, 50 or 51 in this Schedule

53

Confectionery, including—

(a) popcorn;

(b) confectionery novelties;

(c) crystallized fruit;

(d) crystallized or preserved ginger; and

(e) edible, non-edible and partly edible cake decorations and frills, but not including candied peel

54

Ice cream and similar frozen or semi-frozen comestibles (but not including flavoured ice blocks) and mixtures from which ice cream and comestibles of those kinds are made; ice cream cones, ice cream cups and ice cream wafers

55

Toys and parts for toys, Christmas stockings and Christmas crackers

56

Games and puzzles, including printed matter forming part of those goods or containing directions for the use of those goods

57

Fireworks, including rockets, coloured fires, “electric” sparklers and Catherine wheels

58

Party decorations and party novelties

59

Carnival equipment and amusement equipment (including merry-go-rounds, dodgems, scoota-boats, miniature trains, miniature motor cars, swinging boats, slippery dips, Ferris wheels, ocean waves, captive aeroplanes and goods of a similar nature) and parts for those goods

60

Slot machines, coin machines and token machines, but not including weighing machines or machines for the sale of goods

61

Totalizators, totalizator equipment and parts for those goods, but not including printed matter and stationery

62

Patentex Cream, Ortho-Gynol Cream, Resurin Tablets, Q.T. Cream, Kareen Cream, Agressit Tablets, Semori Tablets, Controids, condoms, goldpin pessaries, cervical caps and goods used for purposes similar to the purposes for which those goods are used

63

Containers for goods covered by an item in this Schedule