Commonwealth Numbered Acts

SALES TAX ASSESSMENT (No. 1) AMENDMENT ACT 1988 No. 88, 1988 - SCHEDULE

SCHEDULE
Section 3
AMENDMENTS RELATING TO THE SALE VALUE OF GOODS Paragraph 18 (1) (b):
Omit the paragraph, substitute the following paragraph:

"(b) if the goods were sold by retail-the amount for which the goods could
reasonably be expected to have been sold by the manufacturer by wholesale.".
Subparagraph 18 (1A) (a) (ii):
Omit the subparagraph, substitute the following subparagraph:

"(ii) were sold by the manufacturer to the purchaser for an amount that is
less than the amount for which the goods could reasonably be expected to have
been sold by the manufacturer by wholesale if all the materials used in the
manufacture of the goods had been purchased by the manufacturer in the
ordinary course of his business from a person with whom he was dealing at
arm's length; or". Paragraph 18 (1B) (a):
Omit the paragraph, substitute the following paragraph:

"(a) where all the relevant materials used in the manufacture of the goods
consisted of goods the sale values of which were exempt from sales tax by
virtue of the Sales Tax (Exemptions and Classifications) Act 1935-the amount
for which the goods could reasonably be expected to have been sold by the
manufacturer by wholesale if all the materials used in the manufacture of the
goods had been purchased by the manufacturer in the ordinary course of his
business from a person with whom he was dealing at arm's length;". Subsection
18 (1C):
Omit from "the sale value of the goods" to the end of the subsection,
substitute "the sale value of the goods, for the purposes of this Act, is the
amount for which the goods could reasonably be expected to have been sold by
the manufacturer by wholesale if all the materials used in the manufacture of
the goods had been purchased by the manufacturer in the ordinary course of his
business from a person with whom he was dealing at arm's length.". Subsection
18 (2):
Omit from "retail shall be-" to the end of paragraph (b), substitute "retail
shall be the amount for which those goods could reasonably be expected to be
sold by the manufacturer by wholesale:". Subsection 18 (3):
Omit from "shall be-" to the end of paragraph (b), substitute "shall be the
amount for which those goods could reasonably be expected to be sold by the
manufacturer by wholesale:". Subsection 18A (4):
Omit the subsection, substitute the following subsection:

"(4) Subject to subsections (5) and (6), for the purposes of this Act, the
sale value of goods the sale value of which is required to be determined in
accordance with this section is the amount for which the goods could
reasonably be expected to have been sold by the manufacturer by wholesale if
no agreement of a kind referred to in paragraph (1) (b) had been entered into
in relation to the sale of the goods.". Paragraph 18B (1) (e):
Omit the paragraph, substitute the following paragraph:

"(e) where subparagraph (a) (ii) applies-the sum of:

        (i)    the amount that would be the sale value of the goods for the
               purposes of this Act under whichever provision of section 18
               the sale value of the goods would be determined if this section
               had not been enacted; and

        (ii)   an amount equal to the valuable consideration that could
               reasonably be expected to be given in connection with, or as
               consideration for, the supply of, or the right to use, the
               embodied material in the goods if the goods were sold by the
               manufacturer by wholesale.".