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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Betting Tax Assessment Bill 2018 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Relationship with other Acts 2 4. Terms used 2 5. Betting operations 5 Part 2 -- Taxable betting revenue 6. References to WA bets 6 7. Taxable betting revenue 6 8. Particular payments excluded in working out eligible payments 7 9. Betting revenue: WA betting exchange bets 9 10. Betting revenue and eligible payments: WA pooled bets 9 11. Betting revenue and eligible payments: WA general bets 10 12. Amount of bets generally 10 13. Free components 11 14. Betting operator to identify location of individual or principal place of business 11 Part 3 -- Liability and assessment 15. Betting tax payable on taxable betting revenue 13 16. Time for payment of betting tax 13 17. Betting operator liable to pay betting tax 13 18. Annual reconciliation 14 94--2 page i Betting Tax Assessment Bill 2018 Contents Part 4 -- Registration and returns 19. Application for registration 16 20. Registration 16 21. Cancellation of registration 16 22. Returns 17 23. Exemption from lodging monthly returns 17 Part 5 -- Miscellaneous 24. Arrangements for avoidance may be disregarded 19 25. Keeping records 20 26. Regulations 21 Part 6 -- Transitional provisions 27. First assessment period and threshold amount 22 28. Betting revenue relating to bets placed before 1 January 2019 22 29. Eligible payments relating to bets placed before 1 January 2019 22 Part 7 -- Repeals 30. Bookmakers Betting Levy Act 1954 repealed 23 31. Racing and Wagering Western Australia Tax Act 2003 repealed 23 Part 8 -- Other Acts amended Division 1 -- Amendments commencing on 1 January 2019 Subdivision 1 -- Betting Control Act 1954 amended 32. Act amended 24 33. Section 27E amended 24 34. Part 6 inserted 24 Part 6 -- Transitional provisions for Betting Tax Assessment Act 2018 34. Application of s. 14, 15 and 16 on or after 1 January 2019 24 35. Application of s. 18A on or after 1 January 2019 25 page ii Betting Tax Assessment Bill 2018 Contents Subdivision 2 -- Racing and Wagering Western Australia Act 2003 amended 35. Act amended 25 36. Section 68 amended 25 37. Section 77 amended 25 38. Section 102 amended 25 39. Section 106 amended 26 40. Section 107B inserted 26 107B. Allocation and distribution of proportion of funds from betting tax 26 41. Part 9 inserted 27 Part 9 -- Transitional provisions for Betting Tax Assessment Act 2018 123. Application of s. 102 on or after 1 January 2019 27 124. Application of s. 107 on or after 1 January 2019 27 Subdivision 3 -- Racing and Wagering Western Australia Tax Act 2003 amended 42. Act amended 27 43. Section 3 amended 28 Subdivision 4 -- Taxation Administration Act 2003 amended 44. Act amended 28 45. Section 3 amended 28 46. Section 17 amended 28 47. Section 114 amended 28 Division 2 -- Amendments commencing on proclamation Subdivision 1 -- Betting Control Act 1954 amended 48. Act amended 30 49. Long title amended 30 50. Section 4 amended 30 51. Section 11E amended 30 52. Section 12 amended 30 53. Section 13 amended 31 54. Section 14A amended 32 55. Sections 14B to 16 deleted 32 56. Section 17 amended 33 57. Section 17A amended 33 58. Sections 18 and 18A deleted 33 page iii Betting Tax Assessment Bill 2018 Contents 59. Section 18B amended 34 60. Section 19 deleted 35 61. Section 33 amended 36 62. Part 6 deleted 36 Subdivision 2 -- Gaming and Wagering Commission Act 1987 amended 63. Act amended 36 64. Section 7 amended 36 65. Section 9 amended 36 66. Section 110A amended 36 Subdivision 3 -- Racing and Wagering Western Australia Act 2003 amended 67. Act amended 37 68. Section 68 amended 37 69. Section 77 amended 37 70. Section 102 deleted 37 71. Section 105 deleted 37 72. Section 106 amended 37 73. Section 107 deleted 37 74. Section 114 deleted 38 75. Part 9 deleted 38 Subdivision 4 -- Racing Penalties (Appeals) Act 1990 amended 76. Act amended 38 77. Section 24 amended 38 Defined terms page iv Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail) Betting Tax Assessment Bill 2018 A Bill for An Act -- • relating to the assessment and collection of tax on taxable betting revenue; and • to repeal the Bookmakers Betting Levy Act 1954 and the Racing and Wagering Western Australia Tax Act 2003; and • to make consequential and other amendments to various Acts. The Parliament of Western Australia enacts as follows: page 1 Betting Tax Assessment Bill 2018 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Betting Tax Assessment Act 2018. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) Part 1 -- on the day on which this Act receives the 7 Royal Assent; 8 (b) Part 7 and Part 8 Division 2 -- on a day fixed by 9 proclamation; 10 (c) the rest of the Act -- on 1 January 2019. 11 3. Relationship with other Acts 12 (1) The Betting Tax Act 2018 and the Taxation Administration 13 Act 2003 are to be read with this Act as if they formed a single 14 Act. 15 (2) A term has the same meaning in this Act as it has in the 16 Taxation Administration Act 2003 unless the contrary intention 17 appears in this Act. 18 4. Terms used 19 In this Act -- 20 assessment period means each financial year beginning on or 21 after 1 July 2019; 22 bet does not include a bet that is part of -- 23 (a) a permitted amusement with prizes, permitted bingo, 24 permitted gaming, a permitted lottery or permitted 25 two-up as those terms are defined in the Gaming and 26 Wagering Commission Act 1987 section 3(1); or 27 (b) a lottery conducted under the Lotteries Commission 28 Act 1990; or page 2 Betting Tax Assessment Bill 2018 Preliminary Part 1 s. 4 1 (c) a game conducted or played in a casino as defined in the 2 Casino Control Act 1984 section 3(1); or 3 (d) an interstate game; or 4 (e) another game or lottery, similar to a game or lottery 5 mentioned in paragraph (a), (b), (c) or (d), that is 6 prescribed; 7 betting exchange -- 8 (a) means a facility, electronic or otherwise, that enables a 9 person -- 10 (i) to place or accept, through the operator of the 11 facility, a bet with another person; or 12 (ii) to place with the operator of the facility a bet 13 that, on acceptance, is matched with an opposing 14 bet placed with and accepted by the operator; 15 but 16 (b) does not include a facility, electronic or otherwise, that 17 enables a person to place a bet only with a betting 18 operator; 19 betting exchange bet means a bet placed or accepted by means 20 of a betting exchange; 21 betting operations has the meaning given in section 5; 22 betting operator means a person who -- 23 (a) is authorised, under a licence or other authority under a 24 law of this State, another State or the Commonwealth, to 25 conduct betting operations from a place in Australia; or 26 (b) under a law of this State, another State or the 27 Commonwealth, is exempt from the authorisation 28 requirements that would otherwise apply for conducting 29 betting operations from a place in Australia; 30 betting revenue has the meaning given in section 7(2); 31 betting tax means the tax imposed by the Betting Tax Act 2018 32 section 4; page 3 Betting Tax Assessment Bill 2018 Part 1 Preliminary s. 4 1 betting tax rate means the rate of betting tax imposed by the 2 Betting Tax Act 2018 section 4; 3 eligible payments has the meaning given in section 7(3); 4 free component means an amount, used to place all or part of a 5 bet or as consideration for, or in relation to, all or part of a bet, 6 that -- 7 (a) is provided to the person placing the bet by the betting 8 operator with whom the bet is placed; and 9 (b) is not immediately redeemable by the person for cash; 10 general bet means a bet other than a betting exchange bet or a 11 pooled bet; 12 interstate game means any of the following games conducted 13 by a person under a licence or other authority under a law of 14 another State or the Commonwealth -- 15 (a) a lottery (including a raffle) or the supply of lottery 16 tickets (including raffle tickets); 17 (b) a game commonly known as keno, bingo, a Calcutta 18 sweep, lucky envelopes, two-up or an art union; 19 (c) a promotional game or trade promotion lottery; 20 (d) another game or lottery that is prescribed; 21 lay-off bet means a bet placed with a betting operator, if the bet 22 is placed -- 23 (a) for the purpose of reducing the liability of another 24 betting operator; and 25 (b) by that other betting operator; 26 pool means a pool of pooled bets; 27 pooled bet means a bet in a system in which -- 28 (a) all bets are placed in a pool from which a betting 29 operator's fee or commission is taken; and 30 (b) dividends, prizes or winnings are paid out of the pool; 31 prescribed means prescribed by regulations made under this 32 Act; page 4 Betting Tax Assessment Bill 2018 Preliminary Part 1 s. 5 1 registered means registered under section 20(1) or (2); 2 return means a return lodged under Part 4; 3 return period, in relation to a betting operator, means -- 4 (a) a month; or 5 (b) if the betting operator is exempt under section 23 from 6 lodging a return for each month, the period for which 7 the betting operator is required to lodge a return; 8 taxable betting revenue has the meaning given in section 7(1); 9 threshold amount means $150 000. 10 5. Betting operations 11 A person conducts betting operations if the person, whether in 12 person or through an agent or a telecommunication device -- 13 (a) receives bets; or 14 (b) pays, negotiates or settles bets; or 15 (c) operates a betting exchange. page 5 Betting Tax Assessment Bill 2018 Part 2 Taxable betting revenue s. 6 1 Part 2 -- Taxable betting revenue 2 6. References to WA bets 3 (1) A reference in this Part to a WA bet, or a WA bet of a particular 4 type, is a reference to a bet, or a bet of that type, placed by -- 5 (a) an individual located in Western Australia at the time of 6 placing the bet; or 7 (b) a body corporate whose principal place of business is 8 located in Western Australia at the time of placing the 9 bet. 10 (2) For the purposes of subsection (1)(a), if a betting operator 11 complies with section 14(1), but is unable to identify the 12 location of the individual placing the bet, the individual is taken 13 to be located at the individual's residential address. 14 (3) When determining if a lay-off bet is a WA bet under 15 subsection (1), it does not matter whether or not the liability the 16 betting operator seeks to reduce by placing the lay-off bet relates to 17 WA bets placed with the betting operator. 18 7. Taxable betting revenue 19 (1) The taxable betting revenue of a betting operator for a period is 20 the betting revenue of the betting operator for the period less the 21 eligible payments of the betting operator for the period. 22 (2) The betting revenue of a betting operator for a period is the 23 total of -- 24 (a) the amount worked out under section 9 for the period in 25 relation to WA betting exchange bets placed with the 26 betting operator; and 27 (b) the amount worked out under section 10(1) for the 28 period in relation to WA pooled bets placed with the 29 betting operator; and page 6 Betting Tax Assessment Bill 2018 Taxable betting revenue Part 2 s. 8 1 (c) the amount worked out under section 11(1) for the 2 period in relation to WA general bets placed with the 3 betting operator; and 4 (d) any amounts the betting operator became entitled to 5 retain during the period on account of unclaimed 6 winnings in relation to WA bets; and 7 (e) any other amounts the betting operator became entitled 8 to receive during the period as consideration for, or in 9 relation to, WA bets placed with the betting operator; 10 and 11 (f) any other amount that is prescribed for bets generally or 12 for a bet of a particular type. 13 (3) The eligible payments of a betting operator for a period are the 14 total of -- 15 (a) the amount worked out under section 10(3) for the 16 period in relation to WA pooled bets placed with the 17 betting operator; and 18 (b) the amount worked out under section 11(2) for the 19 period in relation to WA general bets placed with the 20 betting operator; and 21 (c) any other amount that is prescribed for bets generally or 22 for a bet of a particular type. 23 8. Particular payments excluded in working out eligible 24 payments 25 (1) In working out an amount mentioned in section 7(3)(a), (b) 26 or (c) the following cannot be taken into account -- 27 (a) the provision or granting by the betting operator of any 28 non-cash reward, however described; 29 (b) the payment of an amount to a person other than a 30 person who placed a bet with the betting operator; page 7 Betting Tax Assessment Bill 2018 Part 2 Taxable betting revenue s. 8 1 (c) the payment of an amount that -- 2 (i) is placed at the discretion of the betting operator; 3 or 4 (ii) results in a person who placed a bet with the 5 betting operator receiving an amount that is more 6 than the amount the person is legally entitled to 7 receive under the terms on which the bet was 8 placed with the betting operator; 9 (d) the payment of an amount as part of an arrangement 10 under which -- 11 (i) the betting operator offers an opportunity for a 12 person (a participant) to win, at no or a nominal 13 cost to the participant, an amount by betting on 14 the outcome of a stated event or contingency or a 15 stated series of events or contingencies; and 16 (ii) the total of all amounts payable by the betting 17 operator in relation to bets placed by the 18 participant may reasonably be expected to 19 exceed the total of any amounts received by the 20 betting operator for bets placed under the 21 arrangement; and 22 (iii) the betting operator's primary purpose is to 23 attract or encourage a participant to bet with the 24 betting operator, or to promote its betting 25 operations to a participant, beyond the 26 arrangement; 27 (e) the payment of any other amount that is prescribed. 28 (2) Subsection (1)(a) does not apply to the provision or granting by 29 the betting operator of a non-cash reward, if -- 30 (a) the reward is the refund of a free component; and 31 (b) the person who placed the bet is legally entitled to 32 receive the reward under the terms on which the bet was 33 placed with the betting operator; and page 8 Betting Tax Assessment Bill 2018 Taxable betting revenue Part 2 s. 9 1 (c) the reward is not given at the discretion of the betting 2 operator. 3 (3) Subsection (1)(b) does not apply to the payment of an amount 4 that discharges, wholly or partly, a legal obligation of the 5 betting operator to pay an amount in relation to a WA bet to the 6 person who placed the bet with the betting operator. 7 (4) In working out an amount mentioned in section 7(3)(a) or (c) 8 the payment of an amount by the betting operator into a pool on 9 account of a free component cannot be taken into account. 10 9. Betting revenue: WA betting exchange bets 11 For the purposes of section 7(2)(a), the amount is the total 12 amount of all fees and commissions the betting operator 13 received during the period in relation to WA betting exchange 14 bets placed with the betting operator. 15 10. Betting revenue and eligible payments: WA pooled bets 16 (1) For the purposes of section 7(2)(b), the amount is the total 17 revenue from pools that the betting operator received during the 18 period. 19 (2) For the purposes of subsection (1), the revenue from a pool for a 20 betting operator is the amount worked out using the formula -- D (1 − ) × (A − W) (T − R) 21 where -- 22 D is the total amount of dividends, prizes or winnings paid 23 or payable out of the pool; 24 T is the total amount of pooled bets in the pool; 25 R is the total amount of refunds paid in respect of the 26 pool; page 9 Betting Tax Assessment Bill 2018 Part 2 Taxable betting revenue s. 11 1 A is the total amount of WA pooled bets placed with the 2 betting operator in the pool; 3 W is the total amount of refunds paid in respect of WA 4 pooled bets placed with the betting operator in the pool. 5 (3) For the purposes of section 7(3)(a), the amount is the total of -- 6 (a) all amounts paid by the betting operator during the 7 period into a pool; and 8 (b) all amounts paid by the betting operator during the 9 period to a person who placed a pooled bet with the 10 betting operator as additional dividends, prizes or 11 winnings to the dividends, prizes or winnings payable 12 out of a pool. 13 11. Betting revenue and eligible payments: WA general bets 14 (1) For the purposes of section 7(2)(c), the amount is the total 15 amount of all WA general bets placed with the betting operator 16 during the period. 17 (2) For the purposes of section 7(3)(b), the amount is the total of all 18 amounts paid by the betting operator during the period in 19 relation to WA general bets placed with the betting operator. 20 12. Amount of bets generally 21 (1) If all or part of a bet is placed other than in cash, the amount of 22 the bet includes the monetary value of the non-cash 23 consideration comprising the bet when the bet is placed. 24 (2) If an amount of a bet is expressed in a currency other than 25 Australian currency, the amount is the amount expressed in 26 Australian currency according to the buy rate of exchange 27 reported by the Reserve Bank of Australia and applicable in 28 Australia on -- 29 (a) the day on which the bet is placed; or page 10 Betting Tax Assessment Bill 2018 Taxable betting revenue Part 2 s. 13 1 (b) if the rate is not obtainable for Australia on that day -- 2 the last earlier day on which the rate was obtainable for 3 Australia. 4 13. Free components 5 (1) A reference in this Act to an amount paid by a betting operator 6 is, if the amount is paid or partly paid with a free component, 7 taken to be or include a reference to the amount of the free 8 component. 9 (2) If a free component is used to place all or part of a WA bet, the 10 amount of the bet is taken to be or include the free component. 11 (3) If a free component is used as consideration for, or in relation 12 to, all or part of a WA bet, the consideration is taken to be or 13 include the free component. 14 (4) If a free component is used to place all or part of a WA bet or as 15 consideration for, or in relation to, all or part of a WA bet, the 16 free component is taken to be an amount received by the betting 17 operator. 18 (5) If a free component is used to place all or part of a betting 19 exchange bet, any fee or commission received by the operator of 20 the betting exchange in relation to the bet is taken to be 21 calculated as if the free component is cash. 22 (6) If a free component is used to place all or part of a pooled bet, 23 the free component is taken to be an amount placed into the 24 pool. 25 14. Betting operator to identify location of individual or 26 principal place of business 27 (1) A betting operator must, before accepting a bet from an 28 individual, take all reasonable steps to identify the location of 29 the individual at the time the bet was placed. 30 Penalty for this subsection: a fine of $20 000. page 11 Betting Tax Assessment Bill 2018 Part 2 Taxable betting revenue s. 14 1 (2) A betting operator must, before accepting a bet from a body 2 corporate, take all reasonable steps to identify the principal 3 place of business of the body corporate at the time the bet was 4 placed. 5 Penalty for this subsection: a fine of $20 000. page 12 Betting Tax Assessment Bill 2018 Liability and assessment Part 3 s. 15 1 Part 3 -- Liability and assessment 2 15. Betting tax payable on taxable betting revenue 3 Betting tax is payable, in accordance with this Act, the Betting 4 Tax Act 2018 and the Taxation Administration Act 2003, on the 5 taxable betting revenue of a betting operator. 6 16. Time for payment of betting tax 7 Betting tax is due for payment on the last day for lodging the 8 return specifying the taxable betting revenue on which the 9 betting tax is payable. 10 17. Betting operator liable to pay betting tax 11 (1) In this section -- 12 previous return period, in relation to another return period, 13 means a return period that occurs before, and in the same 14 assessment period as, the other return period. 15 (2) A betting operator is liable to pay betting tax for a return period 16 if -- 17 (a) the total of the taxable betting revenue of the betting 18 operator for the return period and any previous return 19 period exceeds the threshold amount; and 20 (b) the amount worked out under subsection (3) is more 21 than zero. 22 (3) The amount of betting tax a betting operator is liable to pay for 23 a return period is worked out using the formula -- 24 ((R − T) × B) − P 25 where -- 26 R is the total of the taxable betting revenue of the betting 27 operator for the return period and any previous return 28 period; page 13 Betting Tax Assessment Bill 2018 Part 3 Liability and assessment s. 18 1 T is the threshold amount; 2 B is the betting tax rate expressed as a decimal; 3 P is any betting tax paid or payable by the betting 4 operator for any previous return period. 5 (4) The Commissioner is not required to make a refund of betting 6 tax paid at the end of a return period, if the amount worked out 7 under subsection (3) is less than zero. 8 18. Annual reconciliation 9 (1) If, at the end of an assessment period, the sum of the amounts of 10 betting tax that a betting operator is liable to pay under 11 section 17 for the return periods in the assessment period is 12 greater than the amount of betting tax that the betting operator is 13 liable to pay for the assessment period, the betting operator is 14 entitled to a refund or rebate of the difference. 15 (2) The amount of betting tax that a betting operator is liable to pay 16 for an assessment period is -- 17 (a) if the taxable betting revenue of the betting operator for 18 the assessment period exceeds the threshold amount -- 19 the amount worked out under subsection (3); or 20 (b) if the taxable betting revenue of the betting operator for 21 the assessment period is less than or equal to the 22 threshold amount -- nil. 23 (3) For the purposes of subsection (2)(a), the amount is worked out 24 using the formula -- 25 ((R − T) × B) 26 where -- 27 R is the taxable betting revenue of the betting operator for 28 the assessment period; 29 T is the threshold amount; page 14 Betting Tax Assessment Bill 2018 Liability and assessment Part 3 s. 18 1 B is the betting tax rate expressed as a decimal. 2 (4) Subject to the Taxation Administration Act 2003 section 17, the 3 Commissioner must make any reassessment necessary to give 4 effect to this section. page 15 Betting Tax Assessment Bill 2018 Part 4 Registration and returns s. 19 1 Part 4 -- Registration and returns 2 19. Application for registration 3 (1) A betting operator who is not registered must, in accordance 4 with subsection (2), apply to the Commissioner for registration 5 if the taxable betting revenue of the betting operator for an 6 assessment period exceeds the threshold amount. 7 Penalty for this subsection: a fine of $20 000. 8 (2) The application must be made -- 9 (a) in an approved form; and 10 (b) within 7 days after the end of the month in which the 11 criterion in subsection (1) is satisfied. 12 20. Registration 13 (1) On receiving an application under section 19, the Commissioner 14 must register the applicant if it appears to the Commissioner 15 that the betting operator is liable to pay betting tax. 16 (2) The Commissioner may register a betting operator, although the 17 betting operator has not applied for registration under 18 section 19, if it appears to the Commissioner that the betting 19 operator is, or is likely to become, liable to pay betting tax. 20 (3) If the Commissioner registers a betting operator, the 21 Commissioner must give the betting operator notice of the 22 registration. 23 21. Cancellation of registration 24 (1) The Commissioner must cancel the registration of a person if -- 25 (a) the Commissioner is aware that the person has ceased to 26 be a betting operator; and 27 (b) the person has lodged all returns the person is required 28 to lodge; and 29 (c) the person has paid the betting tax the person is liable to 30 pay in relation to those returns. page 16 Betting Tax Assessment Bill 2018 Registration and returns Part 4 s. 22 1 (2) The Commissioner may cancel the registration of a person, 2 during an assessment period, on the Commissioner's initiative 3 or on the application of the person, if -- 4 (a) the Commissioner is satisfied that the taxable betting 5 revenue of the person for the assessment period will not 6 exceed the threshold amount; and 7 (b) the person has lodged all returns the person is required 8 to lodge; and 9 (c) the person has paid the betting tax the person is liable to 10 pay in relation to those returns. 11 (3) As soon as practicable after cancelling the registration of a 12 person, the Commissioner must give the person a notice 13 stating -- 14 (a) that the registration has been cancelled; and 15 (b) the day on which the registration was cancelled. 16 22. Returns 17 (1) A betting operator who is registered or required to apply for 18 registration must, in accordance with subsection (2), lodge a 19 return for each month specifying the taxable betting revenue of 20 the betting operator for the month. 21 Penalty for this subsection: a fine of $5 000. 22 (2) The betting operator must lodge the return -- 23 (a) in an approved form; and 24 (b) within 28 days after the end of the month or within any 25 further period allowed by the Commissioner. 26 23. Exemption from lodging monthly returns 27 (1) The Commissioner may, on the Commissioner's initiative or on 28 the application of a betting operator, by notice given to the 29 betting operator, exempt the betting operator from the 30 requirement to lodge a return for each month. page 17 Betting Tax Assessment Bill 2018 Part 4 Registration and returns s. 23 1 (2) The notice -- 2 (a) must include a condition requiring the betting operator 3 to lodge a return for each period stated in the notice 4 specifying the taxable betting revenue of the betting 5 operator for that period; and 6 (b) must include a condition requiring the betting operator 7 to lodge the return within a period stated in the notice; 8 and 9 (c) may include any other condition the Commissioner 10 considers appropriate. 11 (3) An exemption continues in force until it is revoked. 12 (4) The Commissioner may amend or revoke an exemption by 13 giving the betting operator notice of the amendment or 14 revocation. 15 (5) An exemption does not exempt the betting operator from any 16 liability to pay betting tax, even if it has the effect of postponing 17 the time for payment of betting tax. 18 (6) A betting operator who is given an exemption must lodge 19 returns in accordance with the conditions included in the notice. 20 Penalty for this subsection: a fine of $5 000. page 18 Betting Tax Assessment Bill 2018 Miscellaneous Part 5 s. 24 1 Part 5 -- Miscellaneous 2 24. Arrangements for avoidance may be disregarded 3 (1) This section applies if a person enters into an agreement, 4 transaction or arrangement, whether in writing or otherwise, that 5 has the effect of reducing, postponing or avoiding the liability of 6 any person to the assessment, imposition or payment of betting 7 tax or penalty tax. 8 (2) The Commissioner may do either or both of the following -- 9 (a) decide to disregard the agreement, transaction or 10 arrangement for 1 or more periods; 11 (b) decide 1 or more of the matters mentioned in 12 subsection (3). 13 (3) The matters are the following -- 14 (a) that the betting revenue of a betting operator for a 15 particular period is taken to include an additional 16 amount; 17 (b) that an amount included in the eligible payments of a 18 betting operator for a particular period is to be 19 disregarded; 20 (c) that, because of a decision made in respect of a matter 21 mentioned in paragraph (a) or (b), the taxable betting 22 revenue of a betting operator for a particular period is 23 taken to include an additional amount; 24 (d) that a bet placed with a betting operator -- 25 (i) is taken to have been placed by a person other 26 than the person who purportedly placed the bet 27 or at a place other than the place where the bet 28 was purportedly placed; and 29 (ii) if applicable, is a WA bet within the meaning of 30 section 6 for the purpose of working out the 31 taxable betting revenue of the betting operator 32 for a particular period; page 19 Betting Tax Assessment Bill 2018 Part 5 Miscellaneous s. 25 1 (e) that -- 2 (i) a party to the agreement, transaction or 3 arrangement is taken to be a betting operator; and 4 (ii) a payment placed in respect of the agreement, 5 transaction or arrangement is taken to be taxable 6 betting revenue of the party for a particular 7 period. 8 (4) If the Commissioner makes a decision under subsection (2) 9 about a betting operator or another party to the agreement, 10 transaction or arrangement, the Commissioner must give the 11 betting operator or party a notice that states the decision and the 12 reasons for the decision. 13 25. Keeping records 14 (1) A betting operator who is registered or required to apply for 15 registration must keep -- 16 (a) the records that are prescribed for the purposes of this 17 section (if any); and 18 (b) any other records necessary to enable the Commissioner 19 to determine the betting operator's liability to pay 20 betting tax. 21 Penalty for this subsection: a fine of $20 000. 22 (2) Despite the Taxation Administration Act 2003 section 87, the 23 betting operator must retain the records for at least 5 years, or 24 for any longer period that is prescribed, after the bet to which 25 the records relate is placed. 26 Penalty for this subsection: a fine of $20 000. 27 (3) Despite the Taxation Administration Act 2003 section 89(1), the 28 records may be kept in another State. 29 (4) The betting operator must keep the records in Australia. 30 Penalty for this subsection: a fine of $20 000. page 20 Betting Tax Assessment Bill 2018 Miscellaneous Part 5 s. 26 1 (5) The Commissioner may recover as a debt, from a betting 2 operator, costs reasonably incurred by the Commissioner as a 3 result of the betting operator's failure to comply with 4 subsection (4). 5 26. Regulations 6 (1) The Governor may make regulations prescribing matters -- 7 (a) required or permitted by this Act to be prescribed; or 8 (b) necessary or convenient to be prescribed for giving 9 effect to this Act. 10 (2) Regulations may be expressed to apply to taxable betting 11 revenue for a period before the day on which the regulations 12 come into operation if the application of the regulations to the 13 taxable betting revenue would not adversely affect a person who 14 is or may be liable to pay betting tax on the taxable betting 15 revenue. page 21 Betting Tax Assessment Bill 2018 Part 6 Transitional provisions s. 27 1 Part 6 -- Transitional provisions 2 27. First assessment period and threshold amount 3 (1) Despite the definition of assessment period in section 4, the first 4 assessment period is the period beginning on 1 January 2019 5 and ending on 30 June 2019. 6 (2) Despite the definition of threshold amount in section 4, the 7 threshold amount for the first assessment period is $75 000. 8 28. Betting revenue relating to bets placed before 9 1 January 2019 10 In working out an amount mentioned in section 7(2)(d) or (f) an 11 amount the betting operator becomes entitled to retain on 12 account of unclaimed winnings that relate to a bet placed before 13 1 January 2019 cannot be taken into account. 14 29. Eligible payments relating to bets placed before 15 1 January 2019 16 In working out an amount mentioned in section 7(3)(a), (b) 17 or (c) the payment of an amount that is made on or after 18 1 January 2019 and relates to a bet placed before 19 1 January 2019 cannot be taken into account. page 22 Betting Tax Assessment Bill 2018 Repeals Part 7 s. 30 1 Part 7 -- Repeals 2 30. Bookmakers Betting Levy Act 1954 repealed 3 The Bookmakers Betting Levy Act 1954 is repealed. 4 31. Racing and Wagering Western Australia Tax Act 2003 5 repealed 6 The Racing and Wagering Western Australia Tax Act 2003 is 7 repealed. page 23 Betting Tax Assessment Bill 2018 Part 8 Other Acts amended Division 1 Amendments commencing on 1 January 2019 s. 32 1 Part 8 -- Other Acts amended 2 Division 1 -- Amendments commencing on 1 January 2019 3 Subdivision 1 -- Betting Control Act 1954 amended 4 32. Act amended 5 This Subdivision amends the Betting Control Act 1954. 6 33. Section 27E amended 7 After section 27E(2)(a) insert: 8 9 (aa) for the purpose of the Commissioner (as 10 defined in the Taxation Administration 11 Act 2003 Glossary clause 1) performing the 12 Commissioner's functions in relation to betting 13 tax (as defined in the Betting Tax Assessment 14 Act 2018 section 4); or 15 16 34. Part 6 inserted 17 After section 33 insert: 18 19 Part 6 -- Transitional provisions for Betting Tax 20 Assessment Act 2018 21 34. Application of s. 14, 15 and 16 on or after 22 1 January 2019 23 Sections 14, 15 and 16 do not apply to or in relation to 24 a bet made on or after 1 January 2019. page 24 Betting Tax Assessment Bill 2018 Other Acts amended Part 8 Amendments commencing on 1 January 2019 Division 1 s. 35 1 35. Application of s. 18A on or after 1 January 2019 2 Section 18A does not apply to or in relation to a race 3 meeting conducted on or after 1 January 2019 or a bet 4 made on or after 1 January 2019. 5 6 Subdivision 2 -- Racing and Wagering Western Australia 7 Act 2003 amended 8 35. Act amended 9 This Subdivision amends the Racing and Wagering Western 10 Australia Act 2003. 11 36. Section 68 amended 12 In section 68(3) delete "section 107A(2)." and insert: 13 14 sections 107A(2) and 107B(3). 15 16 37. Section 77 amended 17 In section 77(2)(da) delete "section 107A(2); and" and insert: 18 19 sections 107A(2) and 107B(3); and 20 21 38. Section 102 amended 22 In section 102(2)(a)(ii) after "paid" insert: 23 24 or payable 25 page 25 Betting Tax Assessment Bill 2018 Part 8 Other Acts amended Division 1 Amendments commencing on 1 January 2019 s. 39 1 39. Section 106 amended 2 After section 106(1)(g) insert: 3 4 (ga) any amount of betting tax payable under the 5 Betting Tax Assessment Act 2018 section 15; 6 7 40. Section 107B inserted 8 After section 107A insert: 9 10 107B. Allocation and distribution of proportion of funds 11 from betting tax 12 (1) Each month the Treasurer must pay to RWWA an 13 amount equal to 30% of the amount of betting tax 14 imposed by the Betting Tax Act 2018 section 4 that was 15 credited to the Consolidated Account in the previous 16 month. 17 (2) Payments under subsection (1) must be -- 18 (a) charged to the Consolidated Account which is 19 appropriated accordingly; and 20 (b) credited to an account (the betting tax account) 21 maintained under section 88 for the sole 22 purpose of dealing with those payments under 23 this section. 24 (3) The funds in the betting tax account must be paid or 25 credited by RWWA, in such amounts as it determines, 26 to -- 27 (a) thoroughbred racing clubs registered with 28 RWWA; and 29 (b) harness racing clubs registered with RWWA; 30 and page 26 Betting Tax Assessment Bill 2018 Other Acts amended Part 8 Amendments commencing on 1 January 2019 Division 1 s. 41 1 (c) greyhound racing clubs registered with 2 RWWA. 3 4 41. Part 9 inserted 5 After section 122 insert: 6 7 Part 9 -- Transitional provisions for Betting Tax 8 Assessment Act 2018 9 123. Application of s. 102 on or after 1 January 2019 10 Section 102 does not apply to or in relation to a wager 11 made on or after 1 January 2019. 12 124. Application of s. 107 on or after 1 January 2019 13 (1) Section 107 does not apply to moneys received by 14 RWWA in respect of totalisator or fixed odds wagering 15 if the wagering occurs on or after 1 January 2019. 16 (2) For the purposes of subsection (1) wagering occurs 17 when a wager is placed. 18 19 Subdivision 3 -- Racing and Wagering Western Australia Tax 20 Act 2003 amended 21 42. Act amended 22 This Subdivision amends the Racing and Wagering Western 23 Australia Tax Act 2003. page 27 Betting Tax Assessment Bill 2018 Part 8 Other Acts amended Division 1 Amendments commencing on 1 January 2019 s. 43 1 43. Section 3 amended 2 In section 3 in the definition of gross revenue paragraph (b) 3 after "paid" insert: 4 5 or payable 6 7 Subdivision 4 -- Taxation Administration Act 2003 amended 8 44. Act amended 9 This Subdivision amends the Taxation Administration Act 2003. 10 45. Section 3 amended 11 After section 3(1)(jb) insert: 12 13 (jc) the Betting Tax Act 2018; 14 (jd) the Betting Tax Assessment Act 2018; 15 16 46. Section 17 amended 17 In section 17(3) after "pay-roll tax" insert: 18 19 or betting tax 20 21 47. Section 114 amended 22 In section 114(3): 23 (a) in paragraph (c)(ii) delete "Treasurer;" and insert: 24 25 Treasurer; or 26 page 28 Betting Tax Assessment Bill 2018 Other Acts amended Part 8 Amendments commencing on 1 January 2019 Division 1 s. 47 1 (b) after paragraph (c)(ii) insert: 2 3 (iii) an officer of the department of the 4 Public Service principally assisting in 5 the administration of the Betting 6 Control Act 1954, the Gaming and 7 Wagering Commission Act 1987 or the 8 Racing and Wagering Western Australia 9 Act 2003; 10 page 29 Betting Tax Assessment Bill 2018 Part 8 Other Acts amended Division 2 Amendments commencing on proclamation s. 48 1 Division 2 -- Amendments commencing on proclamation 2 Subdivision 1 -- Betting Control Act 1954 amended 3 48. Act amended 4 This Subdivision amends the Betting Control Act 1954. 5 49. Long title amended 6 In the long title delete "levy on money paid or promised to 7 bookmakers, other betting operators or RWWA as 8 consideration for bets;" and insert: 9 10 racing bets levy on the gross revenue or turnover of betting 11 operators; 12 13 50. Section 4 amended 14 In section 4(1) delete the definition of fixed odds bet and insert: 15 16 fixed odds bet means a fixed odds wager as defined in 17 the RWWA Act section 3(1); 18 19 51. Section 11E amended 20 In section 11E(4)(a) delete "or bookmakers' betting levy". 21 52. Section 12 amended 22 (1) In section 12(5)(c)(ii) delete "number; and" and insert: 23 24 number. 25 26 (2) Delete section 12(5)(c)(iii) and (iv). page 30 Betting Tax Assessment Bill 2018 Other Acts amended Part 8 Amendments commencing on proclamation Division 2 s. 53 1 53. Section 13 amended 2 (1) Before section 13(1) insert: 3 4 (1A) In this section -- 5 total turnover means the aggregate of the turnover that 6 relates to bets made under this Act; 7 turnover -- 8 (a) means the amount of money paid or promised 9 as the consideration for bets made by a 10 bookmaker, whether the bets are -- 11 (i) made by the bookmaker as a party to the 12 bet; or 13 (ii) negotiated by the bookmaker as agent 14 for another person; 15 but 16 (b) does not include any money promised or paid 17 by a bookmaker as the consideration for a bet 18 made by the bookmaker on the bookmaker's 19 own behalf in the capacity of a backer but not 20 in the capacity of a bookmaker. 21 (1B) For the purposes of the definition of turnover in 22 subsection (1A), the Commission has an absolute 23 discretion to decide what is and what is not a bet made 24 by a bookmaker on the bookmaker's own behalf in the 25 capacity of a backer but not in the capacity of a 26 bookmaker. 27 28 (2) Delete section 13(2). page 31 Betting Tax Assessment Bill 2018 Part 8 Other Acts amended Division 2 Amendments commencing on proclamation s. 54 1 54. Section 14A amended 2 In section 14A(3): 3 (a) in paragraph (a) delete "bookmaker's betting levy" and 4 insert: 5 6 annual licence fee 7 8 (b) in paragraph (b) delete "operator." and insert: 9 10 operator; and 11 12 (c) after paragraph (b) insert: 13 14 (c) to a penalty fee were a reference to an 15 additional racing bets levy; and 16 (d) to money due in respect of an annual licence 17 fee were a reference to money due as racing 18 bets levy; and 19 (e) to an assessment to be made of the amount of 20 fee due were a reference to an assessment to be 21 made of the amount on which, in the judgment 22 of the Commission, racing bets levy ought to be 23 levied. 24 25 55. Sections 14B to 16 deleted 26 Delete sections 14B to 16. page 32 Betting Tax Assessment Bill 2018 Other Acts amended Part 8 Amendments commencing on proclamation Division 2 s. 56 1 56. Section 17 amended 2 In section 17: 3 (a) delete "payment of --" and insert: 4 5 payment of an annual licence fee in respect of -- 6 7 (b) delete paragraphs (a) and (b) and insert: 8 9 (a) a bookmaker's licence; or 10 (b) an authorisation to possess and operate a 11 totalisator, 12 13 Note: The heading to amended section 17 is to read: 14 Effect on annual licence fee of not being entitled to receive or 15 retain consideration 16 57. Section 17A amended 17 (1) Before section 17A(1) insert: 18 19 (1A) In this section -- 20 total turnover has the meaning given in 21 section 13(1A); 22 turnover has the meaning given in section 13(1A). 23 24 (2) Delete section 17A(2). 25 58. Sections 18 and 18A deleted 26 Delete sections 18 and 18A. page 33 Betting Tax Assessment Bill 2018 Part 8 Other Acts amended Division 2 Amendments commencing on proclamation s. 59 1 59. Section 18B amended 2 (1) In section 18B(1): 3 (a) delete "fee, or any bookmakers' betting levy or further 4 levy" and insert: 5 6 fee 7 8 (b) in paragraph (a) delete "fee or any bookmakers' betting 9 levy; and" and insert: 10 11 fee; and 12 13 (c) in paragraph (b) delete "or levy". 14 (2) In section 18B(2): 15 (a) in paragraph (a) delete "or as bookmaker's betting levy 16 or further levy"; 17 (b) in paragraph (b) delete "fee or any bookmakers' betting 18 levy," and insert: 19 20 fee, 21 22 (c) delete "due or upon which, in the judgement of the 23 Commission, bookmakers' betting levy or further levy 24 ought to be levied." and insert: 25 26 due. 27 page 34 Betting Tax Assessment Bill 2018 Other Acts amended Part 8 Amendments commencing on proclamation Division 2 s. 60 1 (3) In section 18B(3): 2 (a) in paragraph (a) delete "fee, or the bookmakers' betting 3 levy or further levy, and of any additional levy" and 4 insert: 5 6 fee 7 8 (b) in paragraph (b) delete "fee, or of the bookmakers' 9 betting levy or further levy, and any additional levy," 10 and insert: 11 12 fee 13 14 (4) In section 18B(5): 15 (a) delete "in respect of an annual licence fee or any 16 bookmakers' betting levy or further levy" and insert: 17 18 an amount in respect of an annual licence fee 19 20 (b) delete "or additional bookmakers' betting levy, an 21 amount equal to the amount of the fee or levy" and 22 insert: 23 24 an amount equal to the amount of the fee 25 26 (c) delete "or the additional levy,". 27 Note: The heading to amended section 18B is to read: 28 Assessment of annual licence fee 29 60. Section 19 deleted 30 Delete section 19. page 35 Betting Tax Assessment Bill 2018 Part 8 Other Acts amended Division 2 Amendments commencing on proclamation s. 61 1 61. Section 33 amended 2 In section 33(1)(b)(xv) delete "the assessment, payment and 3 recovery of bookmakers' betting tax or of bookmakers' betting 4 levy,". 5 62. Part 6 deleted 6 Delete Part 6. 7 Subdivision 2 -- Gaming and Wagering Commission Act 1987 8 amended 9 63. Act amended 10 This Subdivision amends the Gaming and Wagering 11 Commission Act 1987. 12 64. Section 7 amended 13 Delete section 7(1)(ea). 14 65. Section 9 amended 15 (1) In section 9(2) delete "which, subject to subsection (2a)," and 16 insert: 17 18 which 19 20 (2) Delete section 9(2a). 21 66. Section 110A amended 22 (1) In section 110A(1) delete "or 107". 23 (2) Delete section 110A(2). page 36 Betting Tax Assessment Bill 2018 Other Acts amended Part 8 Amendments commencing on proclamation Division 2 s. 67 1 Subdivision 3 -- Racing and Wagering Western Australia Act 2003 2 amended 3 67. Act amended 4 This Subdivision amends the Racing and Wagering Western 5 Australia Act 2003. 6 68. Section 68 amended 7 In section 68(2)(b) delete "sections 105(5) and" and insert: 8 9 section 10 11 69. Section 77 amended 12 In section 77(2)(c) delete "sections 105(5) and" and insert: 13 14 section 15 16 70. Section 102 deleted 17 Delete section 102. 18 71. Section 105 deleted 19 Delete section 105. 20 72. Section 106 amended 21 (1) Delete section 106(1)(f). 22 (2) In section 106(1)(g) delete "or 107". 23 73. Section 107 deleted 24 Delete section 107. page 37 Betting Tax Assessment Bill 2018 Part 8 Other Acts amended Division 2 Amendments commencing on proclamation s. 74 1 74. Section 114 deleted 2 Delete section 114. 3 75. Part 9 deleted 4 Delete Part 9. 5 Subdivision 4 -- Racing Penalties (Appeals) Act 1990 amended 6 76. Act amended 7 This Subdivision amends the Racing Penalties (Appeals) 8 Act 1990. 9 77. Section 24 amended 10 In section 24(4)(a): 11 (a) delete "105(1)(h) or"; 12 (b) delete "105 or". 13 page 38 Betting Tax Assessment Bill 2018 Defined terms Defined terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined term Provision(s) assessment period ................................................................................................. 4 bet ......................................................................................................................... 4 betting exchange ................................................................................................... 4 betting exchange bet ............................................................................................. 4 betting operations .............................................................................................. 4, 5 betting operator ..................................................................................................... 4 betting revenue ............................................................................................. 4, 7(2) betting tax ............................................................................................................. 4 betting tax rate ...................................................................................................... 4 eligible payments ......................................................................................... 4, 7(3) free component ..................................................................................................... 4 general bet ............................................................................................................. 4 interstate game ...................................................................................................... 4 lay-off bet.............................................................................................................. 4 participant ................................................................................................ 8(1)(d)(i) pool ....................................................................................................................... 4 pooled bet.............................................................................................................. 4 prescribed.............................................................................................................. 4 previous return period .................................................................................... 17(1) registered............................................................................................................... 4 return ..................................................................................................................... 4 return period.......................................................................................................... 4 taxable betting revenue ................................................................................ 4, 7(1) threshold amount................................................................................................... 4
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