[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Serial 65
Racing and
Betting Amendment Bill 2009
Ms
Lawrie
A Bill for an Act to amend the Racing and Betting Act
NORTHERN TERRITORY OF AUSTRALIA
RACING AND BETTING AMENDMENT ACT 2009
____________________
Act No. [ ] of 2009
____________________
Table of provisions
106 Bookmaker's liability to pay tax
107 Bookmaker's
obligation to lodge returns
Part
X Transitional matters for Racing and Betting
Amendment Act 2009
157 Definition
158 Application
159 Transitional provision – bookmaker tax
160 Transitional
provision – turnover tax
NORTHERN TERRITORY OF
AUSTRALIA
____________________
Act No. [ ] of 2009
____________________
An Act to amend the Racing and Betting Act
[Assented to [ ] 2009]
[Second reading [ ] 2009]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Racing and Betting Amendment Act 2009.
This Act commences on 1 January 2010.
This Act amends the Racing and Betting Act.
4 Amendment of section 4 (Definitions)
(1) Section 4(1)
insert (in alphabetical order)
bookmaker tax means the tax imposed by section 106(1).
(2) Section 4(1), definition betting, paragraph (a)
omit
;
substitute
; or
(3) Section 4(1), definitions instrument of betting, paragraphs (a) to (d), place, paragraphs (a) to (e) and public place, paragraph (a)
omit
;
substitute
; and
(4) Section 4(1), definition registered, paragraph (b)(i)
omit
;
substitute
; or
5 Amendment of Part IV, Division 5 heading
Part IV, Division 5 heading
omit
Turnover tax
substitute
Bookmaker tax
6 Repeal and substitution of sections 106 and 107
Sections 106 and 107
repeal, substitute
106 Bookmaker's liability to pay tax
(1) A bookmaker must pay to the Commission, on or before the 14th day of each calendar month, a tax:
(a) imposed on the bookmaker's gross monthly profit for the preceding calendar month; and
(b) calculated at the rate of 10% on the amount of that profit.
(2) The amount of tax payable by a bookmaker for a financial year under subsection (1) must not exceed:
(a) an amount equal to the monetary value of 250 000 revenue units worked out in accordance with the Revenue Units Act; or
(b) another amount prescribed by regulation.
(3) A person who fails to pay the tax in accordance with this Act is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 12 months.
(4) If a person fails to pay an amount of the tax in accordance with this Act:
(a) the amount is recoverable by the Commission as a debt due and payable by the person to the Territory; and
(b) a court that finds the person guilty of the offence against subsection (3) in relation to the amount may order the person to pay the amount to the Commission, whether or not any other penalty is or has also been imposed for the offence; and
(c) a certificate setting out the terms of an order made under paragraph (b) and filed in a court of competent jurisdiction by the Commission may be enforced as if it were a judgment of that court.
(5) For this section, a bookmaker's gross monthly profit for a month is the total amount of bets made by persons during the month with the bookmaker, less the total amount paid by the bookmaker to those persons for the bets during that month.
(6) However, if the bookmaker is a sports bookmaker who is not a country bookmaker, the following amounts must be disregarded in working out the bookmaker's gross monthly profit for the month:
(a) the total amount of bets made during the month by persons located in Australia with the bookmaker for a sporting event other than a horse race, trotting race or greyhound race;
(b) the total amount paid by the bookmaker to the persons for the bets during the month.
(7) For this section, a reference to an amount of bets made with a bookmaker includes a reference to an amount of bets made with someone acting for the bookmaker.
107 Bookmaker's obligation to lodge returns
A bookmaker must, on or before the 14th day of each calendar month, lodge with the Commission a return in the approved form setting out the following:
(a) details of all bets made with the bookmaker during the preceding calendar month;
(b) all records relating to the bets required to be retained by the bookmaker under section 77(2);
(c) information about the business carried on by the bookmaker as required by the Commission.
Maximum penalty: $5 000.
After section 156
insert
Part X Transitional matters for Racing and Betting Amendment Act 2009
In this Part:
amending Act means the Racing and Betting Amendment Act 2009.
(1) Section 106 as amended by the amending Act applies in relation to a bookmaker's gross monthly profit for January 2010 and each subsequent month.
(2) Section 107 as amended by the amending Act applies in relation to bets made with a bookmaker for January 2010 and each subsequent month.
159 Transitional provision – bookmaker tax
Despite section 106(2), the amount of bookmaker tax payable by a bookmaker for the financial year ending on 30 June 2010 must not exceed the amount equal to the monetary value of 125 000 revenue units worked out in accordance with the Revenue Units Act.
160 Transitional provision – turnover tax
If, apart from the amending Act, a bookmaker would have an obligation to pay turnover tax or lodge a return in relation an amount wagered with the bookmaker during the last week in 2009:
(a) the obligation is unaffected by the amending Act; and
(b) this Act as in force immediately before the commencement of the amending Act applies to the bookmaker in relation to the obligation.
The Schedule has effect.
section 8
Provision
|
Amendment
|
|
|
omit
|
substitute
|
section 3A(a) and (b)
|
;
|
; and
|
section 8(a) to (c)
|
;
|
; or
|
section 14(2)(a) and (b)
|
;
|
; and
|
section 17(1)(a)
|
all words from "operation" to
"referred"
|
operation of this Act, as are referred
|
sections 17(1)(a) to (f), 18(2)(a) to (c) and
20(2)(a)
|
;
|
; and
|
section 20(3)
|
Penalty
|
Maximum penalty
|
sections 23(1)(a) and 24(2)(a)
|
;
|
; and
|
section 25(1)(a)
|
;
|
; or
|
sections 32(3) and 36(6)
|
Penalty for an offence against this
section
|
Maximum penalty
|
section 38(7)(a) and (b)(ii)
|
;
|
; or
|
section 40
|
Penalty
|
Maximum penalty
|
section 41(1)(a)
|
;
|
; or
|
sections 42(2)(a) to (c) and 44(2)(a) to
(zb)
|
;
|
; and
|
section 46(8)
|
Penalty
|
Maximum penalty
|
sections 47(2)(a) and 52(2)(a) to (t)
|
;
|
; and
|
section 55
|
Penalty
|
Maximum penalty
|
section 57(2)(a) to (t)
|
;
|
; and
|
sections 60, 65, 66, 67, 68 and 69(6)
|
Penalty
|
Maximum penalty
|
section 69(8)(a)
|
;
|
; and
|
section 70(1), (1A), (2) and (3)
|
Penalty
|
Maximum penalty
|
section 72(3) and (5)
|
turnover tax
|
bookmaker tax
|
section 73(3)(a)
|
;
|
; or
|
section 73(3)
|
Penalty
|
Maximum penalty
|
section 74(5)
|
Penalty for an offence against this
section
|
Maximum penalty
|
section 75(2)
|
turnover tax
|
bookmaker tax
|
section 75(3)(a)
|
;
|
; and
|
sections 75(3) and 77(6)
|
Penalty
|
Maximum penalty
|
section 78(4)
|
Penalty for an offence against this
section
|
Maximum penalty
|
section 79(a) to (h)
|
;
|
; or
|
section 79
|
Penalty
|
Maximum penalty
|
sections 80(1)(a) and (b) and 81(a) and
(b)
|
;
|
; or
|
section 81
|
Penalty
|
Maximum penalty
|
section 86(2)(a) and (b)
|
;
|
; and
|
sections 86(3) and (4) and 88
|
Penalty
|
Maximum penalty
|
section 89A(4)(a) and (b)
|
;
|
; and
|
sections 90(7), 96(2) and 97(1) and (4)
|
Penalty
|
Maximum penalty
|
sections 97(4)(a) and 100(3)(a)
|
;
|
; and
|
section 102(1)(a) and (b)
|
;
|
; or
|
sections 102(6) and 103(1A), (4) and
(5)
|
Penalty
|
Maximum penalty
|
section 112(1)(a) and (b)
|
;
|
; and
|
section 117
|
Penalty
|
Maximum penalty
|
section 119B(2)(a)
|
;
|
; and
|
section 119C(1)(a)
|
;
|
; or
|
section 120(3)(a) and (b)
|
;
|
; and
|
sections 124, 132(1) to (4), 134 and
136(3)
|
Penalty
|
Maximum penalty
|
section 142(2)(a) to (d)
|
;
|
; and
|
sections 145B, definition appeal
committee, paragraph (a) and 145D(1)(b)(i) to (iii) and (3)(a) and
(b)
|
;
|
; or
|
section 145E(1)(a) and (b)
|
;
|
; and
|
sections 145E(2)(a) to (d) and
145G(2)(a)
|
;
|
; or
|
section 145ZA(2)
|
Penalty
|
Maximum penalty
|
section 145ZE(a) to (d)
|
;
|
; or
|
section 146
|
Penalty
|
Maximum penalty
|
section 148(a) to (s)
|
;
|
; and
|
section 148A(4)
|
Penalty
|
Maximum penalty
|
section 156(a)
|
;
|
; and
|
[Index] [Search] [Download] [Related Items] [Help]