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This is a Bill, not an Act. For current law, see the Acts databases.
Gambling Regulation Amendment (Wagering and
Betting) Act 2018
No. of 2018
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
3 Principal Act 2
Part 2--Amendment of Principal Act 3
4 Amendment of Part 6 of Chapter 4 3
5 New Part 6A inserted in Chapter 4 3
6 Other permitted disclosures 29
7 New Part 35 inserted in Schedule 7 29
Part 3--Consequential amendment of Taxation Administration
Act 1997 31
8 Meaning of taxation laws 31
9 Offset of refund against other liability 31
10 Permitted disclosures to particular persons or for particular
purposes 31
11 Criminal liability of officers of bodies corporate--failure to
exercise due diligence 32
12 Supreme Court--limitation of jurisdiction 32
Part 4--Repeal of amending Act 33
13 Repeal of amending Act 33
═════════════
Endnotes 34
1 General information 34
i
Gambling Regulation Amendment
(Wagering and Betting) Act 2018
No. of 2018
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to amend the Gambling Regulation
Act 2003 to alter the tax arrangements in
relation to wagering and betting; and
(b) to make consequential amendments to the
Taxation Administration Act 1997.
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Gambling Regulation Amendment (Wagering and Betting) Act 2018
No. of 2018
Part 1--Preliminary
2 Commencement
This Act comes into operation on 1 January 2019.
3 Principal Act
In this Act, the Gambling Regulation Act 2003 is
called the Principal Act.
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Gambling Regulation Amendment (Wagering and Betting) Act 2018
No. of 2018
Part 2--Amendment of Principal Act
Part 2--Amendment of Principal Act
4 Amendment of Part 6 of Chapter 4
(1) In the heading to Part 6 of Chapter 4 of the
Principal Act, for "taxes" substitute
"supervision charge".
(2) Sections 4.6.3, 4.6.3A and 4.6.6, Divisions 2A
and 2B of Part 6 of Chapter 4 and section 4.6.8(1)
of the Principal Act are repealed.
5 New Part 6A inserted in Chapter 4
After Part 6 of Chapter 4 of the Principal Act
insert--
"Part 6A--Tax
Division 1--Introduction
4.6A.1 Definitions
In this Part--
ANWR--see section 4.6A.15(1);
bet means--
(a) a wager or bet--
(i) on a wagering event, an
approved betting competition
or an approved simulated
racing event, or made
through a betting exchange,
under this Chapter; or
(ii) on an event, competition or
product, or made through a
service, that is permitted
under a law of another State
or a Territory and that is
similar in nature to a
wagering event, an approved
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Part 2--Amendment of Principal Act
betting competition, an
approved simulated racing
event or a betting exchange;
or
(b) a wager or bet of a kind prescribed
by the regulations;
business means the business of a wagering
and betting entity, whether carried on
by one person or 2 or more persons
together;
corporation has the same meaning as in
section 9 of the Corporations Act;
designated group entity means an entity
designated for a group under
section 4.6A.17;
free bet means a bet made wholly or partly
without the person making the bet
paying any monetary amount for the
bet or part of the bet;
Gaming Minister means the Minister
administering Part 1 of Chapter 4 of
the Gambling Regulation Act 2003;
group means a group constituted under
Division 4;
multi-jurisdictional agreement has the
meaning given in section 4.6A.23(1);
net wagering revenue of a wagering and
betting entity means--
(a) in respect of bets in relation to
which the entity is not operating a
totalisator or betting exchange or
acting as an agent, the sum of--
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Part 2--Amendment of Principal Act
(i) the total amount of all bets,
including the face value of
any free bets, made with the
entity by persons who were
located in Victoria at the
time of making the bets; and
(ii) the total amount of any other
amounts of a kind prescribed
by the regulations associated
with making the bets--
less the sum of--
(iii) the total amount of all
winnings paid or payable to
the persons making the bets,
including winnings paid in
relation to free bets; and
(iv) the total of any other
amounts of a kind prescribed
by the regulations; and
(b) in respect of bets in relation to
which the entity is operating a
totalisator or acting as an agent,
the sum of--
(i) the total amount of all
commission received by
the entity for accepting bets
made, or providing a service
through which bets are made,
by persons who were located
in Victoria at the time of
making the bets or using the
service; and
(ii) the total amount of any other
amounts of a kind prescribed
by the regulations associated
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No. of 2018
Part 2--Amendment of Principal Act
with making the bets or
using the service; and
(iii) in the case of a totalisator,
the total amount retained by
the entity as a consequence
of the rounding down of
fractions in the calculation
of dividends in respect of
the bets (whether under
section 4.6.2(6) or
otherwise)--
less the total of any other
amounts of a kind prescribed by
the regulations; and
(c) in respect of bets in relation to
which the entity is operating a
betting exchange, the sum of--
(i) the total amount of all
commission received by
the entity in relation to bets
made through the betting
exchange by persons who
were located in Victoria at
the time the bets were made;
and
(ii) the total amount of any other
amounts of a kind prescribed
by the regulations associated
with making the bets--
less the total of any other
amounts of a kind prescribed by
the regulations;
participating jurisdiction means Victoria
and another State or a Territory that
enters into a multi-jurisdictional
agreement;
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Racing Minister means the Minister
administering the Racing Act 1958;
registered designated group entity means
a designated group entity that is
registered under section 4.6A.18;
registered wagering and betting entity
means a wagering and betting entity
that is registered under section 4.6A.7;
tax-free threshold, in respect of a financial
year, means $1 000 000;
Victorian racing industry payment means
the proportion of wagering and betting
tax determined by the Treasurer under
section 4.6A.5(1);
wagering and betting entity means any of
the following--
(a) a registered bookmaker;
(b) the wagering and betting licensee;
(c) any other person who is registered
or licensed in Victoria to accept
bets or provide a service through
which bets are made;
(d) a person who is registered or
licensed in another State or in a
Territory to accept bets or provide
a service through which bets are
made;
(e) a person, or person of a class,
prescribed by the regulations;
wagering and betting tax means tax imposed
by this Part.
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Part 2--Amendment of Principal Act
4.6A.2 Taxation Administration Act 1997
This Part is to be read together with the
Taxation Administration Act 1997
which provides for the administration and
enforcement of this Part and other taxation
laws.
Note
This Part and regulations made under this Act for the
purposes of this Part are a taxation law under the Taxation
Administration Act 1997.
Division 2--Imposition and
hypothecation of tax
4.6A.3 Imposition and rate of tax
(1) Subject to section 4.6A.4 and Division 4,
tax is imposed on the net wagering revenue
of a wagering and betting entity at the rate of
8% of the amount of net wagering revenue in
excess of the tax-free threshold.
(2) The wagering and betting entity is liable to
pay wagering and betting tax on the entity's
net wagering revenue.
Notes
1 Division 4 provides for tax payable by groups.
2 Under section 44 of the Taxation Administration
Act 1997, tax is payable to the Commissioner of
State Revenue referred to in section 62 of that Act,
who also has the general administration of this Part
(see section 63 of that Act).
4.6A.4 Tax-free threshold where wagering and
betting entity leaves a group
(1) This section applies if a wagering and betting
entity (the leaving entity) ceases to be a
member of a group during a financial year.
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(2) Subject to subsection (3), for the purposes
of section 4.6A.3 the leaving entity's tax-free
threshold in respect of the remainder of the
financial year is reduced by an amount equal
to the leaving entity's net wagering revenue
during the financial year while the leaving
entity was a member of the group.
(3) If the amount of the leaving entity's
net wagering revenue referred to in
subsection (2) is equal to or exceeds the
leaving entity's tax-free threshold in respect
of the financial year but for subsection (2),
the tax-free threshold for the leaving entity in
respect of the remainder of the financial year
is zero.
Examples
1 A wagering and betting entity ceases to be
a member of a group on 1 October 2019. From
1 July to 30 September 2019 the entity's net
wagering revenue was $800 000. This amount is
reduced from the entity's tax-free threshold in
respect of the remainder of the financial year,
which would otherwise be $1 000 000, so the
entity's tax-free threshold in respect of the
remainder of the financial year is $200 000.
2 A wagering and betting entity ceases to be a
member of a group on 1 March 2020. From
1 July 2019 to 29 February 2020 the entity's
net wagering revenue was $1 500 000. As this
amount exceeds what would otherwise be the
entity's tax-free threshold in respect of the
financial year ($1 000 000), the entity's tax-free
threshold in respect of the remainder of the
financial year is zero.
4.6A.5 Victorian racing industry payment
(1) The Treasurer, by notice published in the
Government Gazette, must determine from
time to time a proportion of the amount of
wagering and betting tax received as the
Victorian racing industry payment to be
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Part 2--Amendment of Principal Act
paid to an entity specified in the notice that,
in the Treasurer's opinion, represents or is
connected with the Victorian racing industry.
(2) Before determining the amount of the
Victorian racing industry payment, the
Treasurer must consult the Gaming Minister
and the Racing Minister.
(3) The Victorian racing industry payment
must be paid out of the Consolidated Fund
(which is appropriated to the necessary
extent) each month to the specified entity.
(4) The Victorian racing industry payment
or any part of it must not be used by the
specified entity or any other entity to provide
direct or indirect financial or other support to
a wagering and betting entity.
(5) A notice published under subsection (1) is
not a legislative instrument within the
meaning of the Subordinate Legislation
Act 1994.
(6) In this section--
specified entity means the entity specified in
the notice under subsection (1).
4.6A.6 Hospitals and Charities Fund
An amount equal to the amount of wagering
and betting tax paid in respect of each month
less the Victorian racing industry payment
for that month must be paid out of the
Consolidated Fund (which is appropriated
to the necessary extent) into the Hospitals
and Charities Fund.
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Division 3--Registration and returns
4.6A.7 Registration of wagering and betting
entities
(1) Subject to subsection (2) and Division 4, a
wagering and betting entity that becomes
liable to pay wagering and betting tax must
apply to the Commissioner of State Revenue,
in the form approved by that Commissioner,
for registration under this Division before the
end of the first month in which the entity
becomes liable.
Penalty: 500 penalty units in the case of a
body corporate;
100 penalty units in any other
case.
Note
Section 130B of the Taxation Administration
Act 1997 applies to an offence against this subsection.
(2) A wagering and betting entity does not
commit an offence against subsection (1) if
the entity has a reasonable excuse for not
applying for registration.
(3) The Commissioner of State Revenue must
register a wagering and betting entity that
applies under subsection (1).
4.6A.8 Cancellation of registration by
Commissioner of State Revenue
(1) The Commissioner of State Revenue, by
written notice to a registered wagering
and betting entity, may cancel the entity's
registration under this Division for any
reason the Commissioner of State Revenue
thinks sufficient.
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(2) A cancellation of registration has effect
from the date specified for the purpose by
the Commissioner of State Revenue in the
notice of cancellation.
4.6A.9 Cancellation of registration by registered
wagering and betting entity
(1) A registered wagering and betting entity that
ceases to incur any liability to pay wagering
and betting tax and does not expect to incur
any such liability in the future must, within
14 days after so ceasing--
(a) give written notice of that fact to the
Commissioner of State Revenue; and
(b) unless previously lodged--
(i) lodge a return for the final month
in respect of which they are liable
to pay wagering and betting tax
under section 4.6A.3; and
(ii) pay any wagering and betting tax
to which the return relates.
(2) The notice cancels the registered wagering
and betting entity's registration under this
Division on the day on which it is received
by the Commissioner of State Revenue.
4.6A.10 Returns and payment of tax
(1) Subject to Division 4, every wagering and
betting entity that is registered or required to
apply for registration under this Division
must, within 30 days after the end of each
month--
(a) lodge with the Commissioner of State
Revenue a return in respect of the
month; and
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(b) pay to the Commissioner of State
Revenue any wagering and betting tax
payable under section 4.6A.3 on net
wagering revenue in respect of the
month.
(2) A wagering and betting entity must lodge
a return under subsection (1) even if no
wagering and betting tax is payable in
respect of the month.
(3) A return is to be in the form, and contain
the information, determined by the
Commissioner of State Revenue.
Division 4--Grouping provisions
4.6A.11 Constitution of groups
(1) A group is constituted by all the entities
forming a group that is not part of any larger
group.
(2) The fact that an entity is not a member of a
group constituted under a provision of this
Division does not prevent that entity from
being a member of a group constituted under
another provision of this Division.
4.6A.12 Groups of corporations
Corporations constitute a group if they are
related bodies corporate within the meaning
of the Corporations Act.
4.6A.13 Groups of commonly controlled
businesses
(1) If a person or set of persons has a controlling
interest in each of 2 businesses, the persons
who carry on those businesses constitute a
group.
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(2) For the purposes of this section, a person or
set of persons has a controlling interest in a
business if--
(a) in the case of one person--the person
is the sole owner (whether or not as
trustee) of the business; or
(b) in the case of a set of persons--the
persons are together as trustees the sole
owners of the business; or
(c) in the case of a business carried on by a
corporation--
(i) the person or each of the set
of persons is a director of the
corporation and the person or set
of persons is entitled to exercise
more than 50% of the voting
power at meetings of the directors
of the corporation; or
(ii) a director or set of directors of
the corporation that is entitled to
exercise more than 50% of the
voting power at meetings of the
directors of the corporation is
under an obligation, whether
formal or informal, to act in
accordance with the direction,
instructions or wishes of that
person or set of persons; or
(d) in the case of a business carried on by
a corporation that has a share capital--
that person or set of persons can,
directly or indirectly, exercise, control
the exercise of, or substantially
influence the exercise of, more than
50% of the voting power attached to
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the voting shares, or any class of voting
shares, issued by the corporation; or
(e) in the case of a business carried on by
a partnership--that person or set of
persons--
(i) own (whether beneficially or not)
more than 50% of the capital of
the partnership; or
(ii) is entitled (whether beneficially
or not) to more than 50% of the
profits of the partnership; or
(f) in the case of a business carried on
under a trust--that person or set of
persons (whether or not as trustee of, or
beneficiary under, another trust) is the
beneficiary in respect of more than
50% of the value of the interests in the
first-mentioned trust.
(3) If--
(a) 2 corporations are related bodies
corporate within the meaning of the
Corporations Act; and
(b) one of the corporations has a
controlling interest in a business--
the other corporation has a controlling
interest in the business.
(4) If--
(a) a person or set of persons has a
controlling interest in a business; and
(b) a person or set of persons who carry on
the business has a controlling interest in
another business--
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Part 2--Amendment of Principal Act
the person or set of persons referred to in
paragraph (a) has a controlling interest in
that other business.
(5) If--
(a) a person or set of persons is the
beneficiary of a trust in respect of more
than 50% of the value of the interests in
the trust; and
(b) the trustee of the trust (whether alone
or together with another trustee or
trustees) has a controlling interest in
the business of another trust--
the person or set of persons has a controlling
interest in the business.
(6) A person who may benefit from a
discretionary trust as a result of the trustee
or another person, or the trustee and another
person, exercising or failing to exercise a
power or discretion, is taken, for the
purposes of this Division, to be a beneficiary
in respect of more than 50% of the value of
the interests in the trust.
(7) If--
(a) a person or set of persons has a
controlling interest in the business of a
trust; and
(b) the trustee of the trust (whether alone
or together with another trustee or
trustees) has a controlling interest in
the business of a corporation--
the person or set of persons is taken to have
a controlling interest in the business of the
corporation.
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(8) If--
(a) a person or set of persons has a
controlling interest in the business of a
trust; and
(b) the trustee of the trust (whether alone
or together with another trustee or
trustees) has a controlling interest in
the business of a partnership--
the person or set of persons is taken to have
a controlling interest in the business of the
partnership.
4.6A.14 Smaller groups subsumed by larger
groups
(1) If a person is a member of 2 or more groups,
the members of all the groups together
constitute a group.
(2) If 2 or more members of a group have
together a controlling interest in a business
(within the meaning of section 4.6A.13), all
the members of the group and the person or
persons who carry on the business together
constitute a group.
4.6A.15 Imposition and rate of tax
(1) Subject to section 4.6A.16, tax is payable on
the net wagering revenue of a group in
accordance with the following formula--
8% × (ANWR − TFT)
where--
ANWR is the aggregate amount of the net
wagering revenue of the members of
the group;
TFT is the tax-free threshold.
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(2) Every member of the group, whether or not
a wagering and betting entity, is jointly and
severally liable to pay wagering and betting
tax on the group's net wagering revenue.
4.6A.16 Supplementary provisions for
determining tax for groups--members
joining or forming groups during
financial year
(1) This section applies if a wagering and betting
entity (the joining entity) becomes a member
of a group during a financial year, whether
by joining an existing group or forming a
new group with another joining entity.
(2) For the purposes of section 4.6A.15--
(a) any net wagering revenue of the joining
entity during that financial year before
the joining entity became a member is
to be included in the ANWR of the
group in the month in which the
joining entity becomes a member
unless wagering and betting tax was
payable by the joining entity on that net
wagering revenue under section 4.6A.3;
and
(b) if wagering and betting tax was
payable by the joining entity under
section 4.6A.3 as referred to in
paragraph (a), the tax-free threshold
for the group is zero in respect of the
remainder of the financial year,
including the month in which the
joining entity became a member.
Examples
1 A wagering and betting entity becomes a
member of a group on 1 October 2019. From
1 July to 30 September 2019 the joining entity's
net wagering revenue was $800 000. As that is
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below the tax-free threshold for the joining entity
in respect of the financial year ($1 000 000),
tax is not payable by the joining entity under
section 4.6A.3. However, the amount of
$800 000 is to be included in the ANWR of
the group for October 2019.
2 A wagering and betting entity becomes a
member of a group on 1 March 2020. From
1 July 2019 to 29 February 2020 the joining
entity's net wagering revenue was $1 500 000.
As that exceeds the tax-free threshold for the
joining entity in respect of the financial year
($1 000 000), tax is payable by the joining entity
under section 4.6A.3, and the tax-free threshold
for the group in respect of the remainder of the
financial year (being March to June 2020) is
zero.
3 Wagering and betting entity A and wagering and
betting entity B form a group on 1 October 2019.
From 1 July 2019 to 30 September 2019 A's net
wagering revenue was $800 000 and B's net
wagering revenue was $1 500 000. As tax is not
payable by A under section 4.6A.3, the amount
of $800 000 is to be included in the ANWR of
the group for October 2019. Furthermore, as tax
is payable by B under section 4.6A.3, B's net
wagering revenue from July to September 2019
is not included in the ANWR of the group for
October 2019 but the tax-free threshold for the
group in respect of the remainder of the financial
year (being October 2019 to June 2020) is zero.
4.6A.17 Designated group entities
(1) The members of a group may, with the
approval of the Commissioner of State
Revenue, designate a qualified member of
the group to be the designated group entity
for the group for the purposes of this
Division.
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(2) A member of a group is a qualified member
if--
(a) the member's net wagering revenue in
the previous financial year exceeded
the tax-free threshold; or
(b) the member's likely net wagering
revenue in the current financial year is
likely to exceed the tax-free threshold.
(3) If none of the members of a group is a
qualified member but--
(a) the aggregate of the members' net
wagering revenue in the previous
financial year exceeded the tax-free
threshold; or
(b) in the opinion of the Commissioner of
State Revenue, the aggregate of the
members' likely net wagering revenue
in the current financial year is likely to
exceed the tax-free threshold--
the members may, with the approval of
the Commissioner of State Revenue,
designate any member of the group to be the
designated group entity for the group for the
purposes of this Division.
(4) The Commissioner of State Revenue
must designate a member of a group as the
designated group entity for the group if the
members of the group do not designate a
member under subsection (1) or (3)--
(a) for a group in existence or established
on 1 January 2019--on or before
31 January 2019; or
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(b) for a group established after 1 January
2019--within 30 days after the end of
the month in which the group is
established.
(5) The designated group entity of a group stops
being the designated group entity from and
including the earlier of the following days--
(a) the first day of the month following the
month in which there is a change in the
membership of the group;
(b) the first day of the month following
the month in which the members of the
group revoke the designation.
(6) The designation of a designated group entity
under subsection (1) or (3) must be by notice
in writing.
(7) Such a notice--
(a) must be executed by or on behalf of
each member of the group; and
(b) must be served on the Commissioner
of State Revenue.
4.6A.18 Registration of designated group entity
(1) Subject to subsection (2), the designated
group entity of a group must apply to the
Commissioner of State Revenue, in the form
approved by that Commissioner, before the
end of the first month in which the members
of the group become liable to pay tax under
section 4.6A.15, for registration under this
Division.
Penalty: 500 penalty units in the case of a
body corporate;
100 penalty units in any other
case.
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Note
Section 130B of the Taxation Administration
Act 1997 applies to an offence against this subsection.
(2) A designated group entity does not commit
an offence against subsection (1) if the entity
has a reasonable excuse for not applying for
registration.
(3) The Commissioner of State Revenue must
register a designated group entity that applies
under subsection (1).
4.6A.19 Cancellation of registration by
Commissioner of State Revenue
(1) The Commissioner of State Revenue, by
written notice to a registered designated
group entity, may cancel the entity's
registration under this Division for any
reason the Commissioner of State Revenue
thinks sufficient.
(2) A cancellation of registration has effect
from the date specified for the purpose by
the Commissioner of State Revenue in the
notice of cancellation.
4.6A.20 Cancellation of registration by registered
designated group entity
(1) If the members of a group cease to incur
any liability to pay wagering and betting tax
under section 4.6A.15 and do not expect to
incur any such liability in the future, the
registered designated group entity must,
within 14 days after so ceasing--
(a) give written notice of that fact to the
Commissioner of State Revenue; and
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(b) unless previously lodged--
(i) lodge a group return for the final
month in respect of which the
members of the group are liable
to pay wagering and betting tax
under section 4.6A.15; and
(ii) pay any wagering and betting tax
to which the group return relates.
(2) The notice cancels the registered designated
group entity's registration under this Division
on the day on which it is received by the
Commissioner of State Revenue.
4.6A.21 Group returns and payment of tax
(1) Every designated group entity that is
registered or required to apply for
registration under this Division must,
within 30 days after the end of each month--
(a) lodge with the Commissioner of State
Revenue a group return in respect of
the month; and
(b) pay to the Commissioner of State
Revenue any wagering and betting tax
payable under section 4.6A.15 on the
group's net wagering revenue in respect
of the month.
(2) A designated group entity must lodge a
group return under subsection (1) even if
no wagering and betting tax is payable in
respect of the month.
(3) A group return is to be in the form, and
contain the information, determined by the
Commissioner of State Revenue.
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4.6A.22 Supplementary provisions for joint and
several liability of group members
(1) Each member of a group who is jointly and
severally liable to pay wagering and betting
tax under section 4.6A.15 is also jointly and
severally liable to pay--
(a) any amount payable to the
Commissioner of State Revenue under
this or any other Act in relation to that
tax, including any interest and penalty
tax; and
(b) any costs and expenses incurred in
relation to the recovery of that tax that
the Commissioner of State Revenue is
entitled to recover from any such
member.
(2) A member of a group who pays an amount
in accordance with the liability imposed by
this Division has such rights of contribution
or indemnity from the other member or
members as is just.
Division 5--General
4.6A.23 Multi-jurisdictional agreements
(1) The Treasurer may enter into an agreement
(a multi-jurisdictional agreement) with
one or more other States or one or more
Territories, or both, to establish and
implement processes for achieving
improvements in the assessment and
collection of taxes, interest and penalties
imposed by the participating jurisdictions
on wagering and betting operations that are
carried on in multiple jurisdictions.
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(2) A multi-jurisdictional agreement may--
(a) provide for collection of taxes,
interest and penalties by a participating
jurisdiction on behalf of other
participating jurisdictions and for the
distribution of amounts so collected;
and
(b) provide for each participating
jurisdiction to collect, on behalf of
all participating jurisdictions, taxes,
interest and penalties payable to those
jurisdictions by wagering and betting
entities whose businesses are based in
the collecting jurisdiction; and
(c) provide for participating jurisdictions
to undertake audits or investigations in
respect of taxes, interest and penalties
payable by a wagering and betting
entity under the law of another
participating jurisdiction; and
(d) authorise the performance of
functions under this Act or the
Taxation Administration Act 1997 by
a specified authority of a participating
jurisdiction, subject to subsection (4)
and any other limitations specified in
the agreement; and
(e) authorise the performance of
functions under a specified law of
another participating jurisdiction by
the Commissioner of State Revenue,
subject to any law of that jurisdiction
and any other limitations specified in
the agreement; and
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(f) provide for participating jurisdictions
to assist each other in making timely
and accurate determinations of taxes,
interest and penalties payable by
sharing information available to them,
including the results of audits and
investigations and any other
information of a kind specified in
the agreement; and
(g) provide for any other measures
or matters that the participating
jurisdictions consider necessary or
expedient for achieving improvements
in the assessment or collection of
taxes, interest and penalties or for
implementing processes established
by the agreement for that purpose.
(3) A multi-jurisdictional agreement operates for
the period, and may be varied or terminated
in such a manner, as the participating
jurisdictions agree.
(4) A multi-jurisdictional agreement--
(a) must be consistent with this Act and the
Taxation Administration Act 1997;
and
(b) cannot authorise a participating
jurisdiction--
(i) to make a binding determination
of the amount of tax, interest or
penalties payable by a wagering
and betting entity under the
laws of another participating
jurisdiction; or
(ii) to take enforcement action in
respect of tax, interest or penalties
payable by a wagering and betting
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entity under the laws of another
participating jurisdiction.
4.6A.24 Guidelines for determining location
(1) The Commissioner of State Revenue may
from time to time publish guidelines, not
inconsistent with this Act or the regulations,
for determining the location of a person
who makes a bet with, or through a service
provided by, a wagering and betting entity.
(2) Guidelines published under subsection (1)
are not legislative instruments within the
meaning of the Subordinate Legislation
Act 1994.
4.6A.25 Extraterritorial operation
This Part applies in relation to a wagering
and betting entity, including a designated
group entity, that is located outside Victoria.
4.6A.26 Review of Part
(1) The Treasurer, in consultation with the
Gaming Minister and the Racing Minister,
must review this Part to determine whether
each of the following is appropriate--
(a) the rate of the wagering and betting tax;
(b) the tax-free threshold;
(c) the amount of the Victorian racing
industry payment.
(2) The Treasurer must cause a report of the
outcome of the review to be laid before
each House of Parliament on or before
1 December 2020.
(3) The Treasurer, in consultation with the
Gaming Minister and the Racing Minister,
may from time to time undertake any further
reviews relating to the wagering and betting
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tax, the tax-free threshold or the Victorian
racing industry payment that the Treasurer
considers desirable.
4.6A.27 Regulations
The regulations may prescribe--
(a) kinds of wagering and betting that are
bets; and
(b) amounts associated with the making
of bets that are to be included in net
wagering revenue; and
(c) amounts associated with the making of
bets that are not to be included in net
wagering revenue; and
(d) methods for determining the location of
persons making bets with, or through a
service provided by, a wagering and
betting entity; and
(e) persons or classes of persons that are
wagering and betting entities.
4.6A.28 Transitional provision for first 6 months
This Part applies in relation to the 6-month
period beginning on 1 January 2019 and
ending on 30 June 2019 as if--
(a) a reference in this Part to a financial
year were a reference to that 6-month
period; and
(b) the tax-free threshold in relation to that
6-month period were $500 000.".
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6 Other permitted disclosures
After section 10.1.32(1)(c) of the Principal Act
insert--
"(ca) to an authorised officer (within the meaning
of the Taxation Administration Act 1997)
for the purpose of administering Part 6A of
Chapter 4 and the Taxation Administration
Act 1997 as it applies to that Part; or".
7 New Part 35 inserted in Schedule 7
At the end of Schedule 7 to the Principal Act
insert--
"Part 35--Gambling Regulation
Amendment (Wagering and
Betting) Act 2018
35.1 Definition
In this Part--
commencement day means the day on which
section 4 of the Gambling Regulation
Amendment (Wagering and Betting)
Act 2018 comes into operation.
35.2 Payment of taxes
(1) On and after the commencement day--
(a) section 4.6.3 continues to apply,
despite its repeal, in respect of
totalisators conducted before the
commencement day; and
(b) section 4.6.6 continues to apply,
despite its repeal, in respect of
approved betting competitions
conducted before the commencement
day; and
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Part 2--Amendment of Principal Act
(c) section 4.6.6A continues to apply,
despite its repeal, in respect of
approved simulated racing events
conducted before the commencement
day; and
(d) section 4.6.6B continues to apply,
despite its repeal, in respect of betting
exchange commissions earned before
the commencement day.
(2) This clause is in addition to, and does
not take away from, section 14(2) of the
Interpretation of Legislation Act 1984.
35.3 Hospitals and Charities Fund
An amount equal to the sum of the amounts
paid to the Treasurer because of clause 35.2
must be paid out of the Consolidated Fund
(which is appropriated to the necessary
extent) into the Hospitals and Charities
Fund.".
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Part 3--Consequential amendment of Taxation Administration Act 1997
Part 3--Consequential amendment of
Taxation Administration Act 1997
8 Meaning of taxation laws
After section 4(1)(ba) of the Taxation
Administration Act 1997 insert--
"(c) Part 6A of Chapter 4 of the Gambling
Regulation Act 2003 and any regulations
made under that Act for the purposes of that
Part;".
9 Offset of refund against other liability
After section 20A(7) of the Taxation
Administration Act 1997 insert--
"(8) This section does not apply in respect of--
(a) a refund of an amount paid under
Part 6A of Chapter 4 of the Gambling
Regulation Act 2003; or
(b) a liability arising under that Part--
other than to the extent of allowing the
application of a refund of an amount paid
under that Part against a liability arising
under that Part.".
10 Permitted disclosures to particular persons or for
particular purposes
In section 92(1)(e) of the Taxation
Administration Act 1997--
(a) in subparagraph (xiv), for "that Act."
substitute "that Act; or";
(b) after subparagraph (xiv) insert--
"(xv) the Victorian Commission for
Gambling and Liquor Regulation
for the purpose of administering the
Gambling Regulation Act 2003 and
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any regulations made under that Act;
or".
11 Criminal liability of officers of bodies corporate--
failure to exercise due diligence
After section 130B(2)(b) of the Taxation
Administration Act 1997 insert--
"(ba) sections 4.6A.7(1) and 4.6A.18(1) of
the Gambling Regulation Act 2003 are
specified;".
12 Supreme Court--limitation of jurisdiction
After section 135(7) of the Taxation
Administration Act 1997 insert--
"(8) It is the intention of sections 5, 12(4), 18(1),
96(2) and 100(4), as they apply on and
after the commencement of Part 3 of the
Gambling Regulation Amendment
(Wagering and Betting) Act 2018, to
alter or vary section 85 of the Constitution
Act 1975.".
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No. of 2018
Part 4--Repeal of amending Act
Part 4--Repeal of amending Act
13 Repeal of amending Act
This Act is repealed on 1 January 2020.
Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
═════════════
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Gambling Regulation Amendment (Wagering and Betting) Act 2018
No. of 2018
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend
the Gambling Regulation Act 2003 to alter the tax arrangements in
relation to wagering and betting and to make consequential amendments
to the Taxation Administration Act 1997 and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly:
Legislative Council:
Absolute majorities:
Legislative Assembly:
Legislative Council:
By Authority. Government Printer for the State of Victoria.
34
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