Victorian Numbered Acts

GAMBLING TAXATION ACT 2023 (NO. 14 OF 2023)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Taxation Administration Act 1997  
   5.      Act binds the Crown  

   PART 2--CASINO TAXATION

           Division 1--Introduction

   6.      Definitions for Part 2  

           Division 2--Imposition and calculation of tax

   7.      Imposition of tax  
   8.      Casino tax  
   9.      Community benefit levy  
   10.     Additional casino tax—gross gaming revenue  
   11.     Additional casino tax—commission based players gaming revenue  
   12.     Carrying forward negative total commission based players gaming revenue  

           Division 3--Registration and returns

   13.     Registration of casino operators  
   14.     Returns and payment of tax  

   PART 3--TAXATION OF KENO

           Division 1--Introduction

   15.     Definitions for Part 3  
   16.     Net keno revenue  
   17.     Foreign currency transactions  

           Division 2--Imposition and rate of tax

   18.     Imposition and rate of tax  
   19.     Rollover of negative net keno revenue to subsequent month  

           Division 3--Registration and returns

   20.     Registration of keno entities  
   21.     Cancellation of registration by Commissioner  
   22.     Cancellation of registration by registered keno entity  
   23.     Returns and payment of tax  

           Division 4--General

   24.     Multi-jurisdictional agreements  
   25.     Guidelines for determining location  
   26.     Extraterritorial operation  
   27.     Hospitals and Charities Fund and Mental Health Fund  
   28.     Regulations for keno tax  

   PART 4--TAXATION OF WAGERING AND BETTING

           Division 1--Introduction

   29.     Definitions for Part 4  
   30.     Bets made in foreign currency  

           Division 2--Imposition, rate and hypothecation of tax

   31.     Imposition and rate of tax  

           Division 4--provides for tax payable by groups.

   32.     Tax-free threshold where wagering and betting entity leaves a group  
   33.     Victorian racing industry payment  
   34.     ANZAC Day Proceeds Fund  
   35.     Hospitals and Charities Fund  

           Division 3--Registration and returns

   36.     Registration of wagering and betting entities  
   37.     Cancellation of registration by Commissioner  
   38.     Cancellation of registration by registered wagering and betting entity  
   39.     Returns and payment of tax  

           Division 4--Grouping provisions

   40.     Constitution of groups  
   41.     Groups of corporations  
   42.     Groups of commonly controlled businesses  
   43.     Smaller groups subsumed by larger groups  
   44.     Imposition and rate of tax  
   45.     Supplementary provisions for determining tax for groups—members joining or forming groups during financial year  
   46.     Supplementary provisions for determining tax for groups—members leaving groups and joining other groups during financial year  
   47.     Designated group entities  
   48.     Registration of designated group entity  
   49.     Cancellation of registration by Commissioner  
   50.     Cancellation of registration by registered designated group entity  
   51.     Group returns and payment of tax  
   52.     Supplementary provisions for joint and several liability of group members  

           Division 5--General

   53.     Multi-jurisdictional agreements  
   54.     Guidelines for determining location  
   55.     Extraterritorial operation  
   56.     Regulations for wagering and betting tax  

   PART 5--GENERAL AND TRANSITIONAL

           Division 1--General

   57.     Regulations  

           Division 2--Transitional provisions

   58.     Transitional provisions in Schedule 2  

   PART 6--CONSEQUENTIAL AMENDMENTS

           Division 1--Casino Control Act 1991

   59.     Disciplinary action  
   60.     Consequential repeals  
   61.     Interest on overdue amounts  
   62.     Effect of suspension of licence  
   63.     Offences relating to revenue  

           Division 2--Casino (Management Agreement) Act 1993

   64.     New section 7CA inserted  
   65.     Taxes and charges  
   66.     New Part 6 inserted  

           Division 3--Gambling Regulation Act 2003

   67.     Grounds for disciplinary action—wagering and betting licence  
   68.     Part 6A of Chapter 4 repealed  
   69.     Grounds for disciplinary action—keno licence  
   70.     Commission payable to sales agent  
   71.     Hospitals and Charities Fund and Mental Health Fund  
   72.     Part 4A of Chapter 6A repealed  
   73.     Other permitted disclosures  
   74.     New Part 40 inserted in Schedule 7  

           Division 4--Taxation Administration Act 1997

   75.     Meaning of taxation laws  
   76.     Offset of refund against other liability  
   77.     Permitted disclosures to particular persons or for particular purposes  
   78.     Criminal liability of officers of bodies corporate—failure to exercise due diligence  
   79.     Supreme Court—limitation of jurisdiction  

           Division 5--Repeal of this Part

   80.     Repeal of this Part  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES