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Sales Tax Assessment Act (No. 6) 1930

Act No. 35 of 1930 as amended, taking into account amendments up to Act No. 202 of 1978
Registered 07 Dec 2009
Start Date 06 Dec 1978
End Date 13 Dec 1984
Date of repeal 14 Sep 2006
Repealed by Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006

SALES TAX ASSESSMENT ACT (No. 6) 1930 - Incorporating all amendments by
legislation made to 31 December 1980
- Reprinted as at 31 December 1980 (HISTACT CHAP 185 #DATE 31:12:1980)

*1* The Sales Tax Assessment Act (No. 6) 1930 (a) as shown in this reprint
comprises Act No. 35, 1930 as amended by the other Acts specified in the
following table:
----------------------------------------------------------------------------
Application,
saving
Number Date of Date of or
transitional
Act and year Assent commencement provisions
---------------------------------------------------------------------------- Sales Tax
Assessment Act (No.
6) 1930 35, 1930 18 Aug 1930 18 Aug 1930
Sales Tax
Assessment Act (No.
6A) 1930 68, 1930 16 Dec 1930 18 Aug 1930 -
Sales Tax
Assessment Act (No.
6) 1931 35, 1931 10 Aug 1931 10 Aug 1931 (b) -
Sales Tax
Assessment Act (No.
6) 1932 44, 1932 5 Oct 1932 5 Oct 1932 (b) S. 11
Financial Relief
Act 1932 (c) 64, 1932 5 Dec 1932 5 Dec 1932 (b) -
Financial Relief
Act 1933 (c) 17, 1933 26 Oct 1933 26 Oct 1933 -
Sales Tax
Assessment (New
Zealand Imports)
Act 1933 25, 1933 24 Nov 1933 1 Dec 1933 (see
Gazette 1933, p.
1649) -
Sales Tax
Assessment Act (No.
6) 1933 52, 1933 12 Dec 1933 12 Dec 1933 (b) -
Financial Relief
Act 1934 (c) 16, 1934 1 Aug 1934 1 Aug 1934 (b) -
Sales Tax
Assessment (Fiji
Imports) Act 1934 62, 1934 17 Dec 1934 17 Jan 1935 (see
Gazette 1935, p.
57) -
Sales Tax
(Financial Relief)
Act 1935 45, 1935 25 Oct 1935 25 Oct 1935 (b) -
Sales Tax
(Securities and
Exemptions) Act
1935 61, 1935 7 Dec 1935 7 Dec 1935 S. 18
Sales Tax Amendment
Act 1936 78, 1936 7 Dec 1936 7 Dec 1936 (b) -
Statute Law
Revision (Decimal
Currency) Act 1966 93, 1966 29 Oct 1966 1 Dec 1966 -
Statute Law
Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10
Sales Tax
Assessment (No. 6)
Amendment Act 1978 202, 1978 6 Dec 1978 6 Dec 1978 S. 10
---------------------------------------------------------------------------- (a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.

(b) The Acts marked (b) in the table contain provisions, not set out in the
commencement section, that relate to the commencement of amendments. Particulars of those provisions not shown in the table may be found in the annual volumes of Acts for the respective years in which the amending Acts were passed.

(c) The Financial Relief Act 1932, the Financial Relief Act 1933 and the
Financial Relief Act 1934 were repealed by section 12 of the Statute Law
Revision Act 1950. That section provides that the repeals do not affect the
operation of any amendment made by a repealed Act or any provision made by it
for the citation of an Act as so amended.


SALES TAX ASSESSMENT ACT (No. 6) 1930 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS


PART I-PRELIMINARY


Section

1. Short title

2. (Repealed)


PART II-LIABILITY TO TAXATION


3. Sales tax

4. Sale value of goods

4A. Sale value of goods in special cases

5. Liability for tax

6. Exemptions


PART III-RETURNS


7. Returns, &c.

8. Further returns


PART IV-COLLECTION AND RECOVERY OF TAX


9. Time of payment of tax

10. Further tax

11. Refunds of tax


PART V-APPLICATION OF SALES TAX ASSESSMENT ACT (No. 1) 1930


12. Application of provisions of Sales Tax Assessment Act (No. 1) 1930

SALES TAX ASSESSMENT ACT (No. 6) 1930 - LONG TITLE

SECT

An Act relating to the Imposition, Assessment and Collection of a Tax upon the Sale Value of Goods imported into Australia and sold by the Importer, or applied to his own use, and for other purposes Title amended by No. 44, 1932, s. 2

SECT

SALES TAX ASSESSMENT ACT (No. 6) 1930 - SECT. 1.
Short title

SECT

PART I-PRELIMINARY

1. This Act may be cited as the Sales Tax Assessment Act (No. 6) 1930.*1*


Section 2 repealed by No. 216, 1973, s. 3
* * * * * * * *

See notes to first article of this Chapter.

SALES TAX ASSESSMENT ACT (No. 6) 1930 - SECT. 3.
Sales tax

SECT

PART II-LIABILITY TO TAXATION

Amended by No. 68, 1930, s. 3; No. 44, 1932, s. 3; No. 202, 1978, s. 9

SECT

3. Subject to, and in accordance with, the provisions of this Act, the sales tax imposed by the Sales Tax Act (No. 6) 1930 shall be levied and paid upon the sale value of goods imported into Australia by a taxpayer and sold by him or applied by him to his own use.


SALES TAX ASSESSMENT ACT (No. 6) 1930 - SECT. 4.
Sale value of goods

Sub-section (1) amended by No. 35, 1931, s. 2; No. 44, 1932, s. 4; No. 202, 1978, ss. 3 and 9

SECT

4. (1) Subject to sub-section (3) of this section, to section 4A and to sub-sections (5B) and (5C) of section 18 of the Sales Tax Assessment Act (No. 1) 1930 in their application in accordance with section 12 of this Act, for the purposes of this Act, the sale value of goods shall be the amount for which those goods are sold by a registered person, or a person required to be registered, who imported those goods, to an unregistered person or to a registered person who has not quoted his certificate in respect of the purchase of those goods:

Provided that where goods are sold by retail by a registered person who has quoted his certificate when importing the goods the sale value of the goods shall be the amount which would be the fair market value of those goods if sold by him by wholesale, but if the Commissioner is of opinion that the amount set forth in any return by the registered person as the sale value of any such goods is less than the amount which would be their fair market value if sold by wholesale, the Commissioner may alter the amount set forth in the return to the amount which, in his opinion, would be the fair market value of the goods if sold by wholesale, and the amount as so altered shall be the sale value of the goods for the purposes of this Act.


Inserted by No. 44, 1932, s. 4

SECT

(1A) For the purposes of this Act the sale value of goods imported by a registered person who quoted his certificate on the Customs entry relating to those goods, and who applies those goods to his own use, shall be the amount which would have been the sale value of those goods for purposes of the Sales Tax Assessment Act (No. 5) 1930-1931 if that person had not so quoted his certificate.


Omitted by No. 78, 1936, s. 37; inserted by No. 202, 1978, s. 3

SECT

(2) Where-

(a) goods (in this sub-section referred to as the "relevant goods ") imported into Australia by a registered person, or by a person required to be registered, have been sold after 20 September 1978 by the importer of the goods to an unregistered person or to a registered person who has not quoted his certificate in respect of the purchase of the goods;

(b) the Commissioner is satisfied that, having regard to any connection between the importer and the purchaser of the relevant goods or to any other relevant circumstances (including circumstances arising out of any agreement entered into between the importer and the purchaser, or out of any other agreement, that was related, directly or indirectly, to the sale of the goods), the importer and the purchaser were not dealing with each other at arm's length in relation to the transaction; and

(c) the Commissioner is also satisfied-

(i) that the amount for which the relevant goods were sold is less than the amount (in this sub-section referred to as the "arm's length price ") for which, in the opinion of the Commissioner, the relevant goods could reasonably be expected to have been sold if the importer and the purchaser had been dealing with each other at arm's length in relation to the transaction; or

(ii) that-

(A) the purchaser could have purchased identical goods from another importer by wholesale and obtained delivery of the identical goods at or about the time when the purchaser obtained delivery of the relevant goods; and

(B) the amount for which the relevant goods were sold is less than the amount (in this sub-section referred to as the "alternative price ") for which, in the opinion of the Commissioner, the identical goods could reasonably be expected to have been sold to the purchaser,

the Commissioner shall alter the sale value of the relevant goods to the amount ascertained in accordance with the following paragraphs:

(d) if the Commissioner is satisfied as to the matter mentioned in sub-paragraph (i) of paragraph (c) but not as to the matters mentioned in sub-paragraph (ii) of that paragraph-an amount equal to the arm's length price;

(e) if the Commissioner is satisfied as to the matters mentioned in sub-paragraph (ii) of paragraph (c) but not as to the matter mentioned in sub-paragraph (i) of that paragraph-an amount equal to the alternative price;

(f) if the Commissioner is satisfied as to the matter mentioned in sub-paragraph (i) of paragraph (c) and also as to the matters mentioned in sub-paragraph (ii) of that paragraph-an amount equal to the lesser of-

(i) the arm's length price; and

(ii) the alternative price.


Substituted by No. 202, 1978, s. 3

SECT

(3) Where the Commissioner alters the sale value of goods in pursuance of sub-section (2), the sale value so altered shall be the sale value of the goods for the purposes of this Act.


Omitted by No. 216, 1973, s. 3; added by No. 202, 1978, s. 3

SECT

(4) For the purposes of this section, the sale value of goods shall not be increased by any amount payable in respect of sales tax, but, when the goods are sold either in bond or while otherwise subject to the control of the Customs, the sale value shall be increased by the amount of any duty of Customs to which the goods would be subject if entered for home consumption at the time at which they are sold.


Added by No. 202, 1978, s. 3

SECT

(5) In this section-

(a) "agreement" means any agreement, arrangement or understanding-

(i) whether formal or informal;

(ii) whether express or implied; or

(iii) whether or not enforceable, or intended to be enforceable, by legal proceedings; and

(b) a reference to identical goods shall be read as a reference to goods identical in all material respects with the goods in relation to which the expression is used.


SALES TAX ASSESSMENT ACT (No. 6) 1930 - SECT. 4A.
Sale value of goods in special cases

Inserted by No. 202, 1978, s. 4

SECT

4A. (1) Where-

(a) goods (in this sub-section referred to as the "relevant goods ") imported into Australia by a registered person, or by a person required to be registered, have been sold by the importer of the goods to an unregistered person or to a registered person who has not quoted his certificate in respect of the purchase of the goods;

(b) under an agreement entered into for the purpose, or for purposes that included the purpose, of securing that the amount of the sale value of the relevant goods would be less than the amount that could reasonably be expected to be the amount of the sale value of the relevant goods if the agreement had not been entered into, valuable consideration (in this section referred to as the "relevant consideration ") has been given, directly or indirectly, by the purchaser, or by another person, to the importer or another person for, or in connection with, any of, or any 2 or more of, the following acts:

(i) the grant of a right or option to purchase goods; (ii) the exercise, in whole or in part, of a right or option to purchase goods;

(iii) the surrender or other termination, in whole or in part, of a right or option to purchase goods;

(iv) allowing a right or option to purchase goods to lapse in whole or in part;

(v) the assignment, in whole or in part, of a right or option to purchase goods;

(vi) the provision of, or procuring the provision of, services in connection with the relevant goods; and

(c) the relevant goods were sold-

(i) in a case where the relevant consideration has been so given, in whole or in part, for, or in connection with any of, or any 2 or more of, any acts referred to in sub-paragraphs (i) to (v) (inclusive) of paragraph (b)-after 20 September 1978; or

(ii) if sub-paragraph (i) does not apply but the relevant consideration has been given for, or in connection with, any acts referred to in sub-paragraph (vi) of paragraph (b)-after 16 November 1978,

the sale value of the relevant goods shall, for the purposes of this Act, be determined in accordance with the provisions of this section and not in accordance with the provisions of sub-section (1) or (2) of section 4.


(2) In sub-section (1)-

(a) a reference to a right or option to purchase goods shall be read as a reference to a right or option (including a contingent right or option) to purchase-

(i) goods, as defined in sub-section (1) of section 3 of the Sales Tax Assessment Act (No. 1) 1930 in its application in accordance with section 12 of this Act;

(ii) excluded goods; or

(iii) goods as so defined and excluded goods,

whether ascertained or not and whether they comprise or include the relevant goods or not; and

(b) a reference to services in connection with the relevant goods shall be read as a reference to services in connection with the relevant goods or with the relevant goods and other goods (including excluded goods) and, without limiting the generality of the foregoing, shall be read as including a reference to-

(i) the doing of any act or thing in relation to the importation or marketing of the relevant goods or the relevant goods and other goods (including excluded goods);

(ii) the giving of a guarantee or warranty in respect of the relevant goods or the relevant goods and other goods (including excluded goods); or

(iii) the doing of any act or thing in relation to the relevant goods or the relevant goods and other goods (including excluded goods) after their sale.


(3) For the purposes of sub-section (1), where any valuable consideration given under an agreement entered into for the purpose, or for purposes that included the purpose, of securing that the amount of the sale value of the relevant goods would be less than the amount that could reasonably be expected to be the amount of the sale value of the relevant goods if the agreement had not been entered into is required to be calculated by reference to the value or quantity of goods (which may include excluded goods) sold to the purchaser of the relevant goods, the valuable consideration shall be deemed to have been given under an agreement for or in connection with the doing of acts by way of the provision of services in connection with the relevant goods.


(4) Subject to sub-section (5), for the purposes of this Act, the sale value of goods the sale value of which is required to be determined in accordance with the provisions of this section is-

(a) if the relevant goods are of a class which the importer himself sells by wholesale-the amount for which the goods could reasonably be expected to have been sold by the importer by wholesale if no agreement of a kind referred to in paragraph (b) of sub-section (1) had been entered into in relation to the sale of the goods; or

(b) in any other case-the amount for which the importer could reasonably be expected to have purchased identical goods from another importer if the other importer had, in the ordinary course of his business, imported the identical goods for sale and had sold them to the first-mentioned importer by wholesale and no agreement of a kind referred to in paragraph (b) of sub-section (1) had been entered into in relation to the sale of the identical goods.


(5) Where-

(a) the sale value of the relevant goods is required to be determined, for the purposes of this Act, in accordance with the provisions of this section;

(b) the Commissioner is satisfied that, having regard to any connection between the importer and the purchaser of the relevant goods or to any other relevant circumstances (including circumstances arising out of any agreement entered into between the importer and the purchaser, or out of any other agreement, that is related, directly or indirectly, to the sale of the relevant goods), the importer and the purchaser were not dealing with each other at arm's length in relation to the transaction; and

(c) the Commissioner is also satisfied-

(i) that the amount for which the relevant goods were sold is less than the amount (in this section referred to as the "arm's length price ") for which, in the opinion of the Commissioner, the relevant goods could reasonably be expected to have been sold if the importer and the purchaser had been dealing with each other at arm's length in relation to the transaction and no agreement of a kind referred to in paragraph (b) of sub-section (1) had been entered into in relation to the sale of the relevant goods; or

(ii) that-

(A) the purchaser could have purchased identical goods from another importer and obtained delivery of the identical goods at or about the time when the purchaser obtained delivery of the relevant goods; and

(B) the amount for which the relevant goods were sold is less than the amount (in this section referred to as the "alternative price ") for which, in the opinion of the Commissioner, the identical goods could reasonably be expected to have been sold to the purchaser if no agreement of a kind referred to in paragraph (b) of sub-section (1) had been entered into in relation to the sale of the identical goods,

the Commissioner shall alter the sale value of the relevant goods to the amount ascertained in accordance with sub-section (6) and the sale value so altered shall be the sale value of the relevant goods for the purposes of this Act.


(6) The amount ascertained in relation to the relevant goods for the purposes of sub-section (5) is-

(a) if the Commissioner is satisfied as to the matter mentioned in sub-paragraph (i) of paragraph (c) of sub-section (5) but not as to the matters mentioned in sub-paragraph (ii) of that paragraph-an amount equal to the arm's length price;

(b) if the Commissioner is satisfied as to the matters mentioned in sub-paragraph (ii) of paragraph (c) of sub-section (5) but not as to the matter mentioned in sub-paragraph (i) of that paragraph-an amount equal to the alternative price; or

(c) if the Commissioner is satisfied as to the matter mentioned in sub-paragraph (i) of paragraph (c) of sub-section (5) and also to the matters mentioned in sub-paragraph (ii) of that paragraph-an amount equal to the lesser of-

(i) the arm's length price; and

(ii) the alternative price.


(7) For the purposes of this section, an agreement shall be taken to have been entered into for a particular purpose, or for purposes that include a particular purpose, if any of the parties to the agreement entered into the agreement for that purpose.


(8) In this section-

(a) a reference to excluded goods shall be read as a reference to goods, including commodities, of a kind referred to in paragraph (a) or (b) of the definition of "goods" in sub-section (1) of section 3 of the Sales Tax Assessment Act (No. 1) 1930 in its application in accordance with section 12 of this Act; and

(b) a reference to identical goods shall be read as a reference to goods identical in all material respects with the goods in relation to which the expression is used.


(9) In this section, "agreement" means any agreement, arrangement or understanding-

(a) whether formal or informal;

(b) whether express or implied; or

(c) whether or not enforceable, or intended to be enforceable, by legal proceedings.


SALES TAX ASSESSMENT ACT (No. 6) 1930 - SECT. 5.
Liability for tax

Substituted by No. 202, 1978, s. 5

SECT

5. (1) Where goods imported into Australia by a registered person, or by a person required to be registered, are sold by the importer of the goods to an unregistered person or to a registered person who has not quoted his certificate in respect of the purchase of the goods, sales tax shall be paid by the importer of the goods.


(2) Where goods imported into Australia by a registered person who quoted his certificate on the Customs entry relating to the goods are applied by the importer to his own use, sales tax shall be paid by the importer of the goods.


Section 5A repealed by No. 216, 1973, s. 3
* * * * * * * *

SALES TAX ASSESSMENT ACT (No. 6) 1930 - SECT. 6.
Exemptions

Substituted by No. 61, 1935, s. 9; amended by No. 216, 1973, s. 3; No. 202, 1978, s. 9

SECT

6. Notwithstanding anything contained in section 5, sales tax shall not be payable under this Act by the person specified in that section upon the sale value of goods the sale value of which is, by virtue of the Sales Tax (Exemptions and Classifications) Act 1935-1973, exempt from sales tax under this Act.


SALES TAX ASSESSMENT ACT (No. 6) 1930 - SECT. 7.
Returns, &c.

SECT

PART III-RETURNS

Substituted by No. 44, 1932, s. 7; amended by No. 52, 1933, s. 2; No. 202, 1978, ss. 6 and 9

SECT

7. Every person who, during any month-

(a) makes any of the sales specified in sub-section (1) of section 4 or sub-section (1) of section 4A; or

(b) applies to his own use any goods specified in sub-section (1A) of section 4,

shall, within twenty-one days after the close of that month, furnish to the Commissioner a return of those sales or, as the case may be, of those goods in the prescribed form, setting forth such information as is prescribed or is required for the due completion of that form.


SALES TAX ASSESSMENT ACT (No. 6) 1930 - SECT. 8.
Further returns

Amended by No. 202, 1978, s. 9

SECT

8. In addition to any return that may have been required under section 7, the Commissioner may, by notice in writing, call upon any person to furnish to him, within the time specified in the notice, such return, or such further or fuller return, as the Commissioner requires, whether in that person's own behalf or as an agent or a trustee.


SALES TAX ASSESSMENT ACT (No. 6) 1930 - SECT. 9.
Time of payment of tax

SECT

PART IV-COLLECTION AND RECOVERY OF TAX

Amended by No. 44, 1932, s. 8; No. 202, 1978, s. 9

SECT

9. Every person liable to pay tax under section 5 upon the sale value of any goods sold by him or applied to his own use during any month shall, within twenty-one days after the close of that month, pay sales tax upon that sale value.


SALES TAX ASSESSMENT ACT (No. 6) 1930 - SECT. 10.
Further tax

SECT

10. (1) Where the Commissioner finds in any case that tax or further tax is payable by any person, the Commissioner may-

(a) assess the sale value upon which tax should be or should have been paid; and

(b) calculate the tax or further tax which is payable.


Amended by No. 78, 1936, s. 38; No. 202, 1978, s. 7

SECT

(2) Where, under sub-section (1) or (2) of section 4 or sub-section (5) of section 4A, the sale value of any goods has been altered, the Commissioner shall calculate the further tax (if any) payable in consequence of that alteration.


Inserted by No. 52, 1933, s. 3

SECT

(2A) Where-

(a) any person makes default in furnishing any return; or

(b) the Commissioner is not satisfied with the return made by any person; or

(c) the Commissioner has reason to believe or suspect that any person (though he may not have furnished any return) is liable to pay sales tax,

the Commissioner may cause an assessment to be made of the amount upon which, in his judgment, sales tax ought to be levied, and the person shall be liable to sales tax thereon, excepting so far as he establishes on objection that the assessment is excessive.


Inserted by No. 78, 1936, s. 38; amended by No. 93, 1966, s. 3; No. 202, 1978, s. 9

SECT

(2B) Any person who becomes liable to pay sales tax by virtue of an assessment made under sub-section (2A) shall also be liable to pay, by way of additional tax, double the amount of that sales tax or the amount of Two dollars whichever is the greater:

Provided that the Commissioner may, in any particular case, for reasons which he thinks sufficient, remit the additional tax or any part thereof.


(3) As soon as conveniently may be after an assessment is made or a sale value is altered, the Commissioner shall cause notice in writing of the assessment or alteration and of the tax or further tax to be given to the person liable to pay the tax or further tax.


(4) The amount of tax or further tax specified in the notice shall be payable on or before the date specified in the notice, together with any other amount which may be payable in accordance with any other provision of this Act.


(5) The omission to give any such notice shall not invalidate the assessment and calculation made by the Commissioner.


SALES TAX ASSESSMENT ACT (No. 6) 1930 - SECT. 11.
Refunds of tax

Sub-section (1) substituted by No. 52, 1933, s. 4

SECT

11. (1) Where the Commissioner finds in any case that tax has been overpaid and is satisfied that the tax has not been passed on by the taxpayer to some other person, or, if passed on to some other person, has been refunded to that person by the taxpayer, the Commissioner may refund the amount of tax found to be overpaid.


Amended by No. 35, 1931, s. 5; No. 52, 1933, s. 4

SECT

(2) Where a registered person has sold goods upon the sale value of which he has paid tax, and has subsequently written off as a bad debt the whole or any part of the amount for which the goods were sold, the Commissioner may-

(a) on proof to his satisfaction that the whole amount is a bad debt-refund to the registered person the amount of tax paid on the sale value of the goods;

(b) on proof to his satisfaction that a part of the amount is a bad debt-refund to the registered person so much of the tax as bears to the total amount of tax the same proportion as the amount so proved to be a bad debt bears to the total amount for which the goods were sold:

Provided that if any amount in respect of which tax has been so refunded is at any time wholly or partly recovered by the taxpayer, he shall, within twenty-one days after the close of the month in which the amount is so recovered, repay to the Commissioner so much of the tax refunded as bears to the total amount of that tax the proportion which the amount so recovered bears to the amount in respect of which tax was so refunded.


Inserted by No. 78, 1936, s. 39

SECT

(2A) Where the Commissioner is satisfied that-

(a) tax has been paid in respect of the sale of goods to a registered person who was required to quote his certificate in respect of the purchase of those goods but who failed to do so;

(b) the tax has been wholly or partly included in the price for which that registered person purchased the goods; and

(c) the tax has not been passed on by that registered person to some other person or, if passed on to some other person, has been refunded to that other person by the registered person,

the Commissioner may, if so satisfied-

(i) within a period of three years; or (ii) on consideration of a claim in writing lodged with the Commissioner within a period of three years,

from the date on which the goods were so sold, pay to that registered person an amount equal to the tax so paid and included.


Added by No. 44, 1932, s. 9; amended by No. 61, 1935, s. 16; No. 216, 1973, s. 3

SECT

(3) Where goods are sold by any person to the Government of the Commonwealth or the Government of a State, and the Commissioner is satisfied-

(a) that the goods are for the official use of a Government Department or of an authority specified in item 74 in the First Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1973, and are not for re-sale, and, in the case of goods sold to the Government of a State, an arrangement of the kind specified in that item has been made between the Governor-General and the Governor of the State,

(b) that tax has been paid or is payable under this Act in respect of some prior act, operation or transaction in relation to those goods, or goods used in, wrought into or attached to those goods,

(c) that the amount of that tax has been paid or is payable by the person who so sold the goods, or has been wholly or partly included in the price for which that person purchased those goods, or the goods used in, wrought into or attached to those goods, and

(d) that the amount of that tax has been excluded wholly or in part from the price for which the goods were sold by that person to the Government or Government authority,

the Commissioner may refund or pay to that person the amount which, in the opinion of the Commissioner, was so excluded.


Added by No. 52, 1933, s. 4; amended by No. 202, 1978, s. 9

SECT

(4) Notwithstanding anything contained in this section, if any alteration is made in the rate of sales tax payable in respect of any goods, no refund, repayment or reduction shall, by reason of that alteration, be made of any amount paid or payable by any person as sales tax in respect of goods sold by a taxpayer or applied by him to his own use before the date of assent to the law making the alteration.


SALES TAX ASSESSMENT ACT (No. 6) 1930 - SECT. 12.
Application of provisions of Sales Tax Assessment Act (No. 1) 1930

SECT

PART V-APPLICATION OF SALES TAX ASSESSMENT ACT (No. 1) 1930

Sub-section (1) amended by No. 78, 1936, s. 40; No. 202, 1978, ss. 8 and 9

SECT

12. (1) The following Parts, sections and sub-sections of the Sales Tax Assessment Act (No. 1) 1930-1936, namely, section 3, Parts II and III, sub-sections (5B) and (5C) of section 18, section 23, sections 27 to 39 inclusive, and Parts VII, VIII, IX and X, and the Schedule shall mutatis mutandis apply in relation to the imposition, assessment and collection of the tax chargeable under this Act in like manner as they apply in relation to the imposition, assessment and collection of the tax chargeable under that Act, but for the purposes of this Act-

* * * * * * * *

SECT

(b) section 29 of the Sales Tax Assessment Act (No. 1) 1930-1936 shall be read as if the words "section 9 or 10" were substituted for the words "section 24 or 25" (wherever occurring); and

(c) sub-section (2) of section 35 of the Sales Tax Assessment Act (No. 1) 1930-1936 shall be read as if the words "Part III" were substituted for the words "Part V ".


Amended by No. 202, 1978, s. 9

SECT

(2) The power to make regulations, conferred by the application, by sub-section (1) of this section, of section 73 of the Sales Tax Assessment Act (No. 1) 1930, shall include the power to make regulations for enabling registrations, certificates and securities made, issued or given for the purposes of that Act, to be treated as, or to be deemed to be, made, issued or given for the purposes also of this Act, and shall include the power generally to make regulations for treating acts, matters and things done, for the purposes of the Sales Tax Assessment Act (No. 1) 1930, under the sections and Parts of that Act made applicable to this Act, as done or deemed to be done under this Act.


Schedule repealed by No. 61, 1935, s. 17
* * * * * * * *

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