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Sales Tax Laws Amendment Act 1990

  • - C2004A03986
  • No longer in force
Act No. 55 of 1990 as made
An Act to amend the law relating to sales tax
Administered by: Treasury
Date of Assent 16 Jun 1990
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

SALES TAX LAWS AMENDMENT ACT 1990 No. 55, 1990

SALES TAX LAWS AMENDMENT ACT 1990 No. 55, 1990 - LONG TITLE

An Act to amend the law relating to sales tax

SALES TAX LAWS AMENDMENT ACT 1990 No. 55, 1990 - PART 1
PART 1-PRELIMINARY

SALES TAX LAWS AMENDMENT ACT 1990 No. 55, 1990 - SECT 1
Short title

(Assented to 16 June 1990)
1. This Act may be cited as the Sales Tax Laws Amendment Act 1990.

(Minister's second reading speech made in-
House of Representatives on 15 May 1990
Senate on 22 May 1990)

SALES TAX LAWS AMENDMENT ACT 1990 No. 55, 1990 - SECT 2
Commencement

2. This Act is taken to have commenced on 9 May 1990.

SALES TAX LAWS AMENDMENT ACT 1990 No. 55, 1990 - PART 2
PART 2-AMENDMENT OF THE SALES TAX (EXEMPTIONS AND CLASSIFICATIONS) ACT 1935

SALES TAX LAWS AMENDMENT ACT 1990 No. 55, 1990 - SECT 3
Principal Act

3. In this Part, "Principal Act" means the Sales Tax (Exemptions and Classifications) Act 1935.*1* *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 and 67, 1985; Nos. 28, 76 and 98, 1986; Nos. 42, 135 and 140, 1987; Nos. 78, 89 and 152, 1988; Nos. 63 and 72, 1989; and No. 18, 1990.

SALES TAX LAWS AMENDMENT ACT 1990 No. 55, 1990 - SECT 4
Second Schedule

4. The Second Schedule to the Principal Act is amended by omitting item 61.

SALES TAX LAWS AMENDMENT ACT 1990 No. 55, 1990 - SECT 5
Fourth Schedule

5. The Fourth Schedule to the Principal Act is amended by omitting from sub-item 1 (2) "item 61 in the Second Schedule" and substituting "item 1 in the Sixth Schedule".

SALES TAX LAWS AMENDMENT ACT 1990 No. 55, 1990 - SECT 6
Fifth Schedule

6. The Fifth Schedule to the Principal Act is amended by omitting from item 3 "item 61 in the Second Schedule" and substituting "item 1 in the Sixth Schedule".

SALES TAX LAWS AMENDMENT ACT 1990 No. 55, 1990 - SECT 7
Insertion of Sixth Schedule

7. After the Fifth Schedule to the Principal Act the Schedule set out in Schedule 1 to this Act is inserted.

SALES TAX LAWS AMENDMENT ACT 1990 No. 55, 1990 - PART 3
PART 3-AMENDMENT OF OTHER ACTS

SALES TAX LAWS AMENDMENT ACT 1990 No. 55, 1990 - SECT 8
Amendment of other Acts

8. The Acts specified in Schedule 2 are amended as set out in that Schedule.

SALES TAX LAWS AMENDMENT ACT 1990 No. 55, 1990 - PART 4
PART 4-APPLICATION OF AMENDMENTS

SALES TAX LAWS AMENDMENT ACT 1990 No. 55, 1990 - SECT 9
Application of amendments

9. 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.

SALES TAX LAWS AMENDMENT ACT 1990 No. 55, 1990 - SCHEDULE 1

SCHEDULE 1 Section 7
NEW SCHEDULE TO BE INSERTED IN THE
SALES TAX (EXEMPTIONS AND CLASSIFICATIONS) ACT 1935
"SIXTH SCHEDULE
Section 6B
Item No. Specification of Goods
1. (1) Motor vehicles (including vehicles known as four-wheel drive
vehicles) that are motor cars or station wagons
(2) Sub-item (1) does not apply in relation to a transaction, act
or operation effected or done in relation to a motor vehicle
unless the sale value of the motor vehicle for the purposes of the
relevant Sales Tax Assessment Act exceeds the amount calculated
using the formula:
Depreciation limit
1< (Sales
(--------------------) + tax
1-Statutory fraction rate)
where:
'Depreciation limit' means:
(a) in the case of a transaction, act or operation effected or
done in the period that commenced on 1 May 1990 and ends on 30 June
1990-$42,910; or
(b) in the case of a transaction, act or operation effected or
done in the period of 12 months commencing on 1 July 1990 or a
period of 12 months commencing on any subsequent 1 July-the motor
vehicle depreciation limit as determined under section 57AF of the
Income Tax Assessment Act 1936 in relation to the year of income
that commences on that 1 July;
'Statutory fraction' means 0.225 or such other decimal fraction
as the Commissioner determines by notice in writing served on the
taxpayer;
'Sales tax rate' means the rate of sales tax imposed by the
Sales Tax Act (No. 1) 1930, as in force at the time when the transaction,
act or operation is effected or done, in respect of goods covered
by the Fifth Schedule, being that rate expressed as a decimal
fraction
(3) Sub-item (1) does not apply to motor vehicles that are
specially fitted out for transporting disabled persons seated in
wheelchairs".

SALES TAX LAWS AMENDMENT ACT 1990 No. 55, 1990 - SCHEDULE 2

SCHEDULE 2 Section 8
AMENDMENTS OF OTHER ACTS
Sales Tax Act (No. 11A) 1985
Paragraph 6 (c):
Omit "or Fifth", substitute
", Fifth or Sixth".
Sales Tax Act (No. 11B) 1985
Paragraph 6 (c):
Omit "or Fifth", substitute
", Fifth or Sixth".