{"id":"nsw:act-2001-043","name":"Betting Tax Act 2001","slug":"betting-tax-act-2001","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"43 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175221,"registerId":"nsw-nsw:act-2001-043-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Betting Tax Act 2001](/view/html/inforce/current/act-2001-043).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on 1 July 2001.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> Chief Commissioner means the Chief Commissioner of State Revenue referred to in section 60 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097).\n> \n> exercise a function includes perform a duty.\n> \n> function includes a duty.\n> \n> meeting for greyhound racing means any meeting at which greyhound racing (that is, racing between greyhounds in competitive pursuit of a lure activated by mechanical means) is carried on.\n> \n> meeting for harness racing means any meeting at which harness racing is carried on.\n> \n> meeting for horse racing means any meeting (other than a meeting for harness racing) at which horse racing is carried on.\n> \n> race meeting means a meeting for horse racing, meeting for harness racing or meeting for greyhound racing.\n> \n> racecourse means any land that is used to hold or conduct a race meeting.\n> \n> racing club means a club, association or body of persons or body corporate formed for promoting or controlling horse racing, harness racing or greyhound racing, or for holding race meetings.\n> \n> totalizator has the same meaning as in section 6 of the [Totalizator Act 1997](/view/html/inforce/current/act-1997-045).\n> \n> totalizator licensee means the holder of a licence under the [Totalizator Act 1997](/view/html/inforce/current/act-1997-045).\n> \n> **s 3:** Am 2008 No 62, Sch 2.2 \\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":null,"content":"#### 4\n\n4 (Repealed)","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Relationship with Taxation Administration Act 1996","content":"#### 5 Relationship with Taxation Administration Act 1996\n\n5 Relationship with [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097)\n\n> This Act is to be read together with the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097), which makes provision for the administration and enforcement of this Act and other taxation laws.","sortOrder":6},{"sectionNumber":"5A","sectionType":"section","heading":"Extraterritorial operation of Act","content":"#### 5A Extraterritorial operation of Act\n\n5A Extraterritorial operation of Act\n\n> > (1) It is the intention of the Parliament of New South Wales that the operation of this Act should, as far as possible, include operation in relation to the following—\n> > \n> > > (a) things situated in or outside the territorial limits of the State,\n> > \n> > > (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of the State,\n> > \n> > > (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another State, a Territory, the Commonwealth or a foreign country.\n> \n> > (2) Without limiting subsection (1), it is the intention of the Parliament of New South Wales that the provisions of this Act have an operation in relation to the things, acts, transactions and matters referred to in that subsection even if the rules of private international law (whether at general law or as provided by legislation) would require the application of a law other than this Act instead of the provisions of this Act.\n> \n> **s 5A:** Ins 2002 No 63, Sch 2. Rep 2008 No 62, Sch 2.2 \\[2\\]. Ins 2018 No 69, Sch 1 \\[1\\].","sortOrder":7},{"sectionNumber":"5B","sectionType":"section","heading":"Notes","content":"#### 5B Notes\n\n5B Notes\n\n> Notes included in this Act do not form part of this Act.\n> \n> **s 5B:** Ins 2018 No 69, Sch 1 \\[1\\].","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"part","heading":"Imposition of betting tax","content":"# Part 2 Imposition of betting tax\n\nPart 2 Imposition of betting tax","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":null,"content":"#### 6\n\n6, 7 (Repealed)","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Betting tax on commission on totalizator betting","content":"#### 8 Betting tax on commission on totalizator betting\n\n8 Betting tax on commission on totalizator betting\n\n> > (1) Betting tax is payable by a totalizator licensee on the commission deducted (under section 69 of the [Totalizator Act 1997](/view/html/inforce/current/act-1997-045)) from the total amount invested in each totalizator conducted by the licensee.\n> \n> > (2) The tax payable is—\n> > \n> > > (a) the relevant percentage of the total amount so deducted each day on which the totalizator licensee conducts a totalizator on one or more events or contingencies, or\n> > \n> > > (b) any lower percentage of that amount that the Governor may declare, on the recommendation of the Minister, by order published in the Gazette.\n> \n> > (2A) The relevant percentage is—\n> > \n> > > (a) in respect of a totalizator conducted during the period commencing on 1 July 2015 and ending on 30 June 2016—16.2%, or\n> > \n> > > (b) in respect of a totalizator conducted during the period commencing on 1 July 2016 and ending on 30 June 2018—13.5%, or\n> > \n> > > (c) in respect of a totalizator conducted during the period commencing on 1 July 2018 and ending on 30 June 2019—12.17%, or\n> > \n> > > (d) in respect of a totalizator conducted during the period commencing on 1 July 2019 and ending on 30 June 2020—10.7%, or\n> > \n> > > (e) in respect of a totalizator conducted during the period commencing on 1 July 2020 and ending on 30 June 2022—7.6%, or\n> > \n> > > (f) in respect of a totalizator conducted on or after 1 July 2022—3.49%.\n> \n> > (3) The tax is payable by the totalizator licensee conducting the relevant totalizator.\n> \n> > (4) The tax is payable within 7 days after the day in respect of which the tax is payable.\n> \n> > (5) A tax is not payable under this section on any amount that is applied by the totalizator licensee in rounding up an amount calculated as dividend.\n> \n> **s 8:** Am 2015 No 66, Sch 1 \\[1\\] \\[2\\]; 2022 No 32, Sch 1\\[1\\].","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Betting tax on totalizator roundings","content":"#### 9 Betting tax on totalizator roundings\n\n9 Betting tax on totalizator roundings\n\n> > (1) Betting tax is payable on totalizator roundings.\n> \n> > (2) The tax payable is the relevant percentage of the total amount of roundings arising in respect of each day on which a totalizator is conducted by a totalizator licensee on one or more events or contingencies.\n> \n> > (2A) The relevant percentage is—\n> > \n> > > (a) in respect of a totalizator conducted during the period commencing on 1 July 2015 and ending on 30 June 2016—16.2%, or\n> > \n> > > (b) in respect of a totalizator conducted during the period commencing on 1 July 2016 and ending on 30 June 2018—13.5%, or\n> > \n> > > (c) in respect of a totalizator conducted during the period commencing on 1 July 2018 and ending on 30 June 2019—12.17%, or\n> > \n> > > (d) in respect of a totalizator conducted during the period commencing on 1 July 2019 and ending on 30 June 2020—10.7%, or\n> > \n> > > (e) in respect of a totalizator conducted during the period commencing on 1 July 2020 and ending on 30 June 2022—7.6%, or\n> > \n> > > (f) in respect of a totalizator conducted on or after 1 July 2022—3.49%.\n> \n> > (3) The tax is payable by the licensee.\n> \n> > (4) The tax is payable within 7 days after the day in respect of which the roundings arose.\n> \n> > (5) In this section—\n> > \n> > rounding means an amount that would ordinarily form part of a dividend but that is retained by a licensee as a result of the rounding down of an amount calculated as dividend.\n> \n> **s 9:** Am 2015 No 66, Sch 1 \\[3\\] \\[4\\]; 2022 No 32, Sch 1\\[2\\].","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Betting tax on approved betting activities","content":"#### 10 Betting tax on approved betting activities\n\n10 Betting tax on approved betting activities\n\n> > (1) Betting tax is payable on net earnings in connection with the total amount of bets placed with a totalizator licensee in respect of an approved betting activity conducted by the licensee on each day on which such an activity is conducted.\n> \n> > (2) The tax payable is the relevant percentage of the amount obtained by subtracting from the total amount of bets placed with the totalizator licensee in respect of an approved betting activity conducted by the licensee on a day the total amount payable as dividends or other returns to investors in respect of those bets.\n> \n> > (2A) The relevant percentage is—\n> > \n> > > (a) in respect of an approved betting activity (other than a computer simulated racing event betting activity) conducted—\n> > > \n> > > > (i) during the period commencing on 1 July 2015 and ending on 30 June 2016—9.2%, or\n> > > \n> > > > (ii) during the period commencing on 1 July 2016 and ending on 30 June 2018—7.43%, or\n> > > \n> > > > (iii) during the period commencing on 1 July 2018 and ending on 30 June 2019—6.6%, or\n> > > \n> > > > (iv) during the period commencing on 1 July 2019 and ending on 30 June 2020—5.8%, or\n> > > \n> > > > (v) during the period commencing on 1 July 2020 and ending on 30 June 2022—4.38%, or\n> > > \n> > > > (vi) on or after 1 July 2022—8.47%, or\n> > \n> > > (b) in respect of a computer simulated racing event betting activity—15%.\n> \n> > (3) The tax is payable by the totalizator licensee.\n> \n> > (4) The tax is payable within 7 days after the day in respect of which the tax is payable.\n> \n> > (4A) No betting tax is payable on net earnings in connection with the first $255 million of the total amount of computer simulated racing event bets placed with a totalizator licensee in any financial year.\n> \n> > (4B) Subsection (4A) ceases to have effect at the end of 30 June 2034.\n> \n> > (5) In this section—\n> > \n> > approved betting activity means a betting activity approved under section 13 of the [Totalizator Act 1997](/view/html/inforce/current/act-1997-045) to be conducted by a totalizator licensee under that Act.\n> > \n> > computer simulated racing event bet means a bet in respect of a computer simulated racing event betting activity.\n> > \n> > computer simulated racing event betting activity means an approved betting activity conducted on a computer simulated horse racing, harness racing or greyhound racing event.\n> > \n> > financial year means a year ending on 30 June.\n> \n> **s 10:** Am 2009 No 51, Sch 7.1 \\[1\\]; 2010 No 94, Sch 2.1 \\[1\\] \\[2\\]; 2015 No 66, Sch 1 \\[5\\]–\\[7\\]; 2022 No 32, Sch 1\\[3\\] \\[4\\].","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"Offsets and rebates of betting tax","content":"# Part 3 Offsets and rebates of betting tax\n\nPart 3 Offsets and rebates of betting tax\n\n**pt 3, hdg:** Am 2018 No 69, Sch 1 \\[2\\].","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Offset of betting tax paid by totalizator licensee","content":"#### 11 Offset of betting tax paid by totalizator licensee\n\n11 Offset of betting tax paid by totalizator licensee\n\n> > (1) (Repealed)\n> \n> > (2) A totalizator licensee is entitled to an offset against the betting tax payable by the licensee under sections 8 and 10 of an amount equal to the sum of—\n> > \n> > > (a) 15% of the excluded commission for the day concerned, and\n> > \n> > > (b) 15% of the excluded net earnings for the day concerned.\n> \n> > (3) If, in respect of any financial year, a totalizator licensee’s excluded commissions for the financial year exceed the sum of the amounts of excluded commission for each day of the financial year, the Chief Commissioner is to pay to the totalizator licensee an amount equal to 15% of the difference.\n> > \n> > Note—\n> > \n> > Section 111 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) provides that if the Chief Commissioner is authorised or required to pay an amount under any taxation law, the amount is to be paid from the Consolidated Fund which is appropriated to the necessary extent.\n> \n> > (4) If, in respect of any financial year, a totalizator licensee’s excluded net earnings for the financial year exceed the sum of the amounts of excluded net earnings for each day of the financial year, the Chief Commissioner is to pay to the totalizator licensee an amount equal to 15% of the difference.\n> > \n> > Note—\n> > \n> > Section 111 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) provides that if the Chief Commissioner is authorised or required to pay an amount under any taxation law, the amount is to be paid from the Consolidated Fund which is appropriated to the necessary extent.\n> \n> > (5) Nothing in this section requires a totalizator licensee to pay betting tax for any period before the offset under this section is applied to that liability.\n> > \n> > Note—\n> > \n> > Division 2 of Part 6 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) enables the Chief Commissioner to approve special arrangements for the lodging of returns and payment of tax under taxation laws.\n> \n> > (6) For the avoidance of doubt, the reference in section 70 (2) (a) of the [Totalizator Act 1997](/view/html/inforce/current/act-1997-045) to a total amount of betting tax payable by TAB Limited under sections 8–10 of this Act in respect of a quarter does not include any offset under this section.\n> \n> > (7) In this section—\n> > \n> > approved betting activity has the same meaning as in section 10.\n> > \n> > excluded commission, for a period, means the lesser of the following—\n> > \n> > > (a) the total amount of commission deducted (under section 69 of the [Totalizator Act 1997](/view/html/inforce/current/act-1997-045)) from the amounts invested with the licensee in totalizators during the period concerned by investors who were not, at the time of the investment, located in NSW,\n> > \n> > > (b) 5.5% of the total commission deducted (under section 69 of the [Totalizator Act 1997](/view/html/inforce/current/act-1997-045)) from the total amount invested with the licensee in totalizators during the period concerned by all investors.\n> > \n> > excluded net earnings, for a period, means the lesser of the following—\n> > \n> > > (a) the total amount of net earnings from bets placed with the totalizator licensee by persons who were not, at the time the bet was placed, located in NSW in respect of approved betting activities conducted by the licensee during the period concerned,\n> > \n> > > (b) 4% of the total amount of net earnings from all bets placed with the totalizator licensee in respect of approved betting activities conducted by the licensee during the period concerned.\n> \n> **s 11:** Rep 2008 No 62, Sch 2.2 \\[2\\]. Ins 2010 No 132, Sch 3 \\[1\\]. Subst 2018 No 69, Sch 1 \\[3\\]. Am 2022 No 32, Sch 1\\[5\\]–\\[7\\].","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Rebate of tax to racing clubs","content":"#### 12 Rebate of tax to racing clubs\n\n12 Rebate of tax to racing clubs\n\n> > (1) The Minister may, by order published in the Gazette, give directions for the allowance of a rebate of the betting tax payable under Part 2 in relation to a race meeting by a licensee that is a racing club when the race meeting turnover in relation to a race meeting is less than—\n> > \n> > > (a) an amount specified in the direction, or\n> > \n> > > (b) an amount calculated in accordance with the provisions of the direction.\n> \n> > (2) The total amount of betting tax required to be paid by a racing club in relation to a race meeting is reduced by the amount of any rebate to which the club is entitled under a direction under this section.\n> \n> > (3) A direction under this section cannot make provision for the allowance of a rebate in respect of any betting tax payable on bets made with the racing club that section 17 of the [Totalizator Act 1997](/view/html/inforce/current/act-1997-045) (Requirements for conduct of on-course totalizators by racing clubs) provides are to be received by the racing club as an agent for the TAB.\n> \n> > (4) In this section—\n> > \n> > race meeting means a race meeting held by one racing club on one racecourse.\n> > \n> > race meeting turnover, in relation to a race meeting, means the amount calculated in accordance with the relevant direction of the Minister as race meeting turnover.\n> \n> **s 12:** Am 2001 No 112, Sch 2.4 \\[1\\].","sortOrder":17},{"sectionNumber":"Part 4","sectionType":"part","heading":"Point of consumption tax","content":"# Part 4 Point of consumption tax\n\nPart 4 Point of consumption tax\n\n**pt 4:** Rep 2008 No 62, Sch 2.2 \\[2\\]. Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":18},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary\n\n**pt 4, div 1:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":19},{"sectionNumber":"13","sectionType":"section","heading":"Definitions","content":"#### 13 Definitions\n\n13 Definitions\n\n> In this Part—\n> \n> approved form means a form approved by the Chief Commissioner.\n> \n> bet includes the following—\n> \n> > (a) any bet or wager on any event or contingency, including but not limited to events and contingencies relating to the outcomes of racing, sports, elections, current affairs and entertainment,\n> \n> > (b) a free bet,\n> \n> > (c) a lay-off bet,\n> \n> > (d) any other similar agreement or arrangement prescribed by the regulations,\n> \n> but does not include any activity permitted under section 7 of the [Unlawful Gambling Act 1998](/view/html/inforce/current/act-1998-113) or under a corresponding provision of a law of another State or a Territory or the Commonwealth.\n> \n> betting exchange and bookmaker have the same meanings as those terms have in the [Betting and Racing Act 1998](/view/html/inforce/current/act-1998-114).\n> \n> betting operator means a licensed betting service provider within the meaning of the [Betting and Racing Act 1998](/view/html/inforce/current/act-1998-114).\n> \n> Note—\n> \n> The [Betting and Racing Act 1998](/view/html/inforce/current/act-1998-114) defines a licensed betting service provider to be a betting service provider (being a bookmaker, a person who operates a totalizator or a person who operates a betting exchange) that holds a licence or authority (however described) under the legislation of this or any other State or Territory to carry out its betting services (whether in that State or Territory, or elsewhere).\n> \n> 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.\n> \n> Note—\n> \n> Examples of a free bet (also known as a bonus bet) include a bet made using the following—\n> \n> > (a) a free component provided for making a bet,\n> \n> > (b) an amount representing a bonus on a previous winning bet,\n> \n> > (c) an amount representing a refund of all or part of the staked amount for a previous non-winning bet.\n> \n> lay-off bet means a bet made by a betting operator (the first betting operator) with another betting operator to reduce, wholly or partly, the liability of the first betting operator in relation to 1 or more bets made with the first betting operator.\n> \n> net NSW wagering revenue—see section 13A.\n> \n> point of consumption tax—see section 13C.\n> \n> totalizator derived odds means any odds derived from or contingent on totalizator odds but does not include totalizator odds.\n> \n> totalizator odds means any odds that are dependent on the result of the working of a totalizator on an event or contingency.\n> \n> **s 13:** Rep 2008 No 62, Sch 2.2 \\[2\\]. Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":20},{"sectionNumber":"13A","sectionType":"section","heading":"Meaning of “net NSW wagering revenue”","content":"#### 13A Meaning of “net NSW wagering revenue”\n\n13A Meaning of “net NSW wagering revenue”\n\n> > (1) The net NSW wagering revenue of a betting operator, for a period, is the sum of the following—\n> > \n> > > (a) for NSW bets made with the betting operator using a totalizator—the total of all NSW revenue from totalizator pools paid to the betting operator during the period,\n> > \n> > > (b) for NSW bets made using a betting exchange operated by the betting operator—the total amount of all fees or commissions paid to the betting operator in relation to NSW betting exchange bets made with the betting operator during the period,\n> > \n> > > (c) for NSW bets made with the betting operator (other than NSW bets made using a betting exchange or a totalizator)—the sum of the following during the period—\n> > > \n> > > > (i) the total amount of all NSW bets (including, but not limited to, bets placed at fixed odds and at totalizator derived odds) made with the betting operator (including the face value of any free bets),\n> > > \n> > > > (ii) the total of any fees or commission associated with making the bets,\n> > > \n> > > less the sum of the following—\n> > > \n> > > > (iii) the total amount of winnings paid or payable in relation to those bets (including winnings paid in relation to free bets, but not including winnings paid in the form of a credit or entitlement that cannot be converted to money),\n> > > \n> > > > (iv) the total amount of refund paid or payable in relation to those bets (other than amounts paid or payable in the form of a credit or entitlement that cannot be converted to money),\n> > \n> > > (d) any amounts the betting operator became entitled to retain during the period on account of unclaimed winnings in relation to NSW bets,\n> > \n> > > (e) any other amounts the betting operator became entitled to be paid during the period as consideration for, or in relation to, NSW bets made with the betting operator.\n> > \n> > Note—\n> > \n> > In calculating the net NSW wagering revenue of a betting operator—\n> > \n> > > (a) lay-off bets accepted by the betting operator placed by a person (or another betting operator) located in NSW are included, and\n> > \n> > > (b) lay-off bets that the betting operator places with a person (or another betting operator) are not included.\n> \n> > (2) For the avoidance of doubt, for the purposes of this section, the same betting operator can operate a totalizator, operate a betting exchange and be a bookmaker.\n> \n> > (3) In the section—\n> > \n> > NSW revenue, from a totalizator pool, for a betting operator during a period, means the amount calculated using the formula—\n> > \n> > ![](/image/((Type%3D%22act%22)%20AND%20(No%3D043)%20AND%20(Year%3D2001)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)  \n> > where—\n> > \n> > Dividendstotal means the total amount of dividends paid or payable out of the totalizator pool to investors.\n> > \n> > Betstotal means the total amount of bets placed in the totalizator pool.\n> > \n> > BetsNSW means the total amount of NSW bets placed with the betting operator in the totalizator pool.\n> > \n> > totalizator pool means a pool of totalizator bets made on the outcome of an event or contingency.\n> \n> **s 13A:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":21},{"sectionNumber":"13B","sectionType":"section","heading":"Meaning of “NSW bet”","content":"#### 13B Meaning of “NSW bet”\n\n13B Meaning of “NSW bet”\n\n> > (1) A reference in this Part to a NSW bet, or a NSW bet of a particular type, is a reference to a bet, or a bet of that type, made by a person who is located in NSW when the bet is made.\n> \n> > (2) For the avoidance of doubt, a lay-off bet made by a betting operator who is located in NSW when it is made is a NSW bet, whether or not the liability the betting operator seeks to reduce by making the lay-off bet relates to NSW bets made with the betting operator.\n> \n> **s 13B:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":22},{"sectionNumber":"Division 2","sectionType":"division","heading":"Imposition of point of consumption tax","content":"## Division 2 Imposition of point of consumption tax\n\nDivision 2 Imposition of point of consumption tax\n\n**pt 4, div 2:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":23},{"sectionNumber":"13C","sectionType":"section","heading":"Liability to pay point of consumption tax","content":"#### 13C Liability to pay point of consumption tax\n\n13C Liability to pay point of consumption tax\n\n> > (1) A betting operator is liable to pay tax on the operator’s net NSW wagering revenue for a financial year (point of consumption tax).\n> \n> > (2) Point of consumption tax is payable in respect of a financial year as follows—\n> > \n> > > (a) if the net NSW wagering revenue for the financial year is $1,000,000 or less—no tax is payable,\n> > \n> > > (b) if the net NSW wagering revenue for the financial year is more than $1,000,000—tax is payable at the rate of 15% of the amount by which the net NSW wagering revenue exceeds $1,000,000.\n> \n> **s 13C:** Ins 2018 No 69, Sch 1 \\[4\\]. Am 2022 No 32, Sch 1\\[8\\].","sortOrder":24},{"sectionNumber":"13D","sectionType":"section","heading":"Tax to be paid monthly","content":"#### 13D Tax to be paid monthly\n\n13D Tax to be paid monthly\n\n> > (1) A betting operator is liable to pay point of consumption tax for each month of the amount specified in this section.\n> \n> > (2) For any month of a financial year before the qualifying month, if any, the amount is nil.\n> \n> > (3) For the qualifying month of a financial year, the amount is 15% of the difference between—\n> > \n> > > (a) the net NSW wagering revenue of the betting operator for the period starting on 1 July in the financial year and ending on the last day of the qualifying month, and\n> > \n> > > (b) $1,000,000.\n> \n> > (4) For any month of a financial year after the qualifying month, the amount is—\n> > \n> > > (a) if the net NSW wagering revenue of the betting operator for the month is nil or a negative amount—nil, or\n> > \n> > > (b) in any other case—15% of the net NSW wagering revenue of the betting operator for the month.\n> \n> > (5) If point of consumption tax is payable in relation to a month, the tax is to be paid within 21 days after the end of that month.\n> \n> > (6) In this section, qualifying month, in relation to a financial year, for a betting operator, means the first month of the financial year in which the net NSW wagering revenue of the betting operator for the period starting on 1 July in the financial year and ending on the last day of the month is more than $1,000,000.\n> \n> **s 13D:** Ins 2018 No 69, Sch 1 \\[4\\]. Am 2022 No 32, Sch 1\\[9\\].","sortOrder":25},{"sectionNumber":"13E","sectionType":"section","heading":"Annual reconciliation","content":"#### 13E Annual reconciliation\n\n13E Annual reconciliation\n\n> A betting operator’s point of consumption tax liability is to be recalculated after the end of the relevant financial year.\n> \n> Note—\n> \n> Section 18 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) provides that if a taxpayer has paid a greater amount of tax in relation to a tax liability than the amount assessed for that liability, the Chief Commissioner must refund the difference to the taxpayer.\n> \n> **s 13E:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":26},{"sectionNumber":"Division 3","sectionType":"division","heading":"Registration","content":"## Division 3 Registration\n\nDivision 3 Registration\n\n**pt 4, div 3:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":27},{"sectionNumber":"13F","sectionType":"section","heading":"Requirement to apply for registration","content":"#### 13F Requirement to apply for registration\n\n13F Requirement to apply for registration\n\n> > (1) This section applies to a betting operator if—\n> > \n> > > (a) the betting operator is not already registered under this Division as a betting operator, and\n> > \n> > > (b) for any month of a financial year, the net NSW wagering revenue of the betting operator for the period starting on 1 July in the financial year and ending on the last day of the month is equal to or more than $1,000,000.\n> \n> > (2) The betting operator must, within 7 days after the end of the month, give the Chief Commissioner an application, in an approved form, for registration under this Division as a betting operator.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> **s 13F:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":28},{"sectionNumber":"13G","sectionType":"section","heading":"Registration of betting operator","content":"#### 13G Registration of betting operator\n\n13G Registration of betting operator\n\n> > (1) If a betting operator applies under this Division for registration as a betting operator, the Chief Commissioner must register the betting operator.\n> \n> > (2) If a betting operator who is required to apply for registration under this Division does not apply for that registration, the Chief Commissioner may register the betting operator.\n> \n> **s 13G:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":29},{"sectionNumber":"13H","sectionType":"section","heading":"Notice of registration","content":"#### 13H Notice of registration\n\n13H Notice of registration\n\n> > (1) The Chief Commissioner must, as soon as practicable after registering a betting operator under this Part, give the betting operator a notice stating—\n> > \n> > > (a) that the betting operator has been registered as a betting operator under this Division, and\n> > \n> > > (b) the day the betting operator was registered.\n> \n> > (2) The notice may also state any other matters that are reasonably incidental to the performance of the betting operator’s obligations under this Act or the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097).\n> > \n> > Note—\n> > \n> > Examples of other matters include—\n> > \n> > > (a) the betting operator’s client number, and\n> > \n> > > (b) records required to be kept under the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) relating to the betting operator’s liability under this Act.\n> \n> **s 13H:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":30},{"sectionNumber":"13I","sectionType":"section","heading":"Cancellation of registration","content":"#### 13I Cancellation of registration\n\n13I Cancellation of registration\n\n> > (1) The Chief Commissioner must cancel the registration of a person as a betting operator under this Part if the person has—\n> > \n> > > (a) ceased to be a betting operator, and\n> > \n> > > (b) lodged all returns the person is required to lodge under this Part, and\n> > \n> > > (c) paid the person’s liability in relation to those returns.\n> \n> > (2) As soon as practicable after cancelling a person’s registration under subsection (1), the Chief Commissioner must give the person a notice—\n> > \n> > > (a) stating that the person’s registration has been cancelled, and\n> > \n> > > (b) specifying the day the registration was cancelled.\n> \n> **s 13I:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":31},{"sectionNumber":"Division 4","sectionType":"division","heading":"Returns","content":"## Division 4 Returns\n\nDivision 4 Returns\n\n**pt 4, div 4:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":32},{"sectionNumber":"13J","sectionType":"section","heading":"Application of Division","content":"#### 13J Application of Division\n\n13J Application of Division\n\n> This Division applies to a betting operator who, for all or part of a financial year, is a betting operator who—\n> \n> > (a) is registered under Division 3, or\n> \n> > (b) is required to apply for registration under section 13F.\n> \n> **s 13J:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":33},{"sectionNumber":"13K","sectionType":"section","heading":"Requirement to lodge monthly returns","content":"#### 13K Requirement to lodge monthly returns\n\n13K Requirement to lodge monthly returns\n\n> > (1) The betting operator must, not later than 21 days after the last day of the month, lodge a return (a monthly return) in relation to the net NSW wagering revenue of the betting operator for the month.\n> > \n> > Maximum penalty—100 penalty units.\n> > \n> > Note—\n> > \n> > Part 6 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) contains other provisions concerning returns (including provisions relating to the form of return, extensions of time for lodging returns and special tax return arrangements).\n> \n> > (2) A monthly return is to be in an approved form.\n> \n> > (3) Subsection (1) applies even if the betting operator’s monthly liability for the month is nil.\n> \n> **s 13K:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":34},{"sectionNumber":"Division 5","sectionType":"division","heading":"Betting operators to identify person’s location","content":"## Division 5 Betting operators to identify person’s location\n\nDivision 5 Betting operators to identify person’s location\n\n**pt 4, div 5:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":35},{"sectionNumber":"13L","sectionType":"section","heading":"Obligation of betting operator to identify person’s location","content":"#### 13L Obligation of betting operator to identify person’s location\n\n13L Obligation of betting operator to identify person’s location\n\n> > (1) A betting operator must, when receiving a bet, take reasonable steps to identify the location of the person making the bet.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) For the purposes of subsection (1), a betting operator may rely on the following as being the location of a person making a bet with the betting operator—\n> > \n> > > (a) for an individual—an address given to the betting operator by the individual as the individual’s residential address,\n> > \n> > > (b) for a corporation—an address given to the betting operator by or for the corporation as the corporation’s principal place of business.\n> \n> > (3) However, subsection (2) does not apply if the betting operator knows, or has reasonable grounds to suspect, that an address specified in subsection (2) (a) or (b) is not the location of the person when the bet is made.\n> \n> **s 13L:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":36},{"sectionNumber":"Division 6","sectionType":"division","heading":"Hypothecation of tax revenue","content":"## Division 6 Hypothecation of tax revenue\n\nDivision 6 Hypothecation of tax revenue\n\n**pt 4, div 6:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":37},{"sectionNumber":"13M","sectionType":"section","heading":"Appropriation and payment of revenue to industry","content":"#### 13M Appropriation and payment of revenue to industry\n\n13M Appropriation and payment of revenue to industry\n\n> > (1) The Treasurer is, in respect of a financial year in which point of consumption tax was collected, to pay an amount equal to 33% of the prescribed amount to the following bodies—\n> > \n> > > (a) Racing New South Wales,\n> > \n> > > (b) Harness Racing New South Wales,\n> > \n> > > (c) Greyhound Racing New South Wales.\n> \n> > (2) The amount determined under subsection (1) is to be paid in quarterly instalments in the following proportions—\n> > \n> > > (a) to Racing New South Wales—72%,\n> > \n> > > (b) to Harness Racing New South Wales—15%,\n> > \n> > > (c) to Greyhound Racing New South Wales—13%.\n> > \n> > Note—\n> > \n> > The proportions specified in this subsection are the same as the proportions for the distribution of amounts under the Racing Inter-Code Deed dated 27 February 1998 between NSW Racing Pty Limited, the NSW Thoroughbred Racing Board, Harness Racing New South Wales and the Greyhound Racing Authority (NSW) as in force on the commencement of this section.\n> \n> > (3) If the Treasurer determines that a body was overpaid or underpaid in respect of any financial year, the Treasurer may deduct an amount from, or pay an extra amount with, a subsequent payment under this section to that body, as the case requires.\n> \n> > (4) Amounts required to be paid under this section are to be paid from the Consolidated Fund, which is appropriated accordingly.\n> \n> > (5) In this section—\n> > \n> > prescribed amount, for a financial year, means the amount of point of consumption tax payable under this Part during the financial year, less the amount of any offset against the point of consumption tax under section 13P.\n> > \n> > quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.\n> \n> **s 13M:** Ins 2018 No 69, Sch 1 \\[4\\]. Am 2022 No 32, Sch 1\\[10\\] \\[11\\].","sortOrder":38},{"sectionNumber":"13N","sectionType":"section","heading":"Appropriation and payment of revenue to Responsible Gambling Fund","content":"#### 13N Appropriation and payment of revenue to Responsible Gambling Fund\n\n13N Appropriation and payment of revenue to Responsible Gambling Fund\n\n> > (1) The Treasurer is, for the period from 1 January 2019 to 30 June 2019, to pay $2,500,000 to the Responsible Gambling Fund established under section 115 of the [Casino Control Act 1992](/view/html/inforce/current/act-1992-015).\n> \n> > (2) That amount is to be paid from the Consolidated Fund, which is appropriated accordingly.\n> \n> > (3) The Treasurer may, for subsequent financial years, pay to the Responsible Gambling Fund from the Consolidated Fund other amounts appropriated by Parliament.\n> \n> > (4) Any amount paid under this section is to be the subject of the creation and operation of a trust deed appointing trustees and containing provisions approved by the Minister administering the [Casino Control Act 1992](/view/html/inforce/current/act-1992-015) (the Minister) relating to the expenditure of that money for purposes relating to responsible gambling.\n> \n> > (5) The trustees may make recommendations to the Minister as to the application of money (appropriate to the trust deed) for purposes relating to responsible gambling and the Minister may pay money out of the Responsible Gambling Fund in accordance with any such recommendations.\n> \n> > (6) The trustees, when making recommendations for payment of money out of the Responsible Gambling Fund, are required to take into account any policy guidelines issued to the trustees by the Minister for the purpose of giving effect to the provisions of the trust deed relating to expenditure for purposes relating to responsible gambling.\n> \n> > (7) The Minister may also pay money out of the Responsible Gambling Fund for any purpose that is consistent with the provisions of the trust deed but only after consulting with the trustees on the proposed expenditure.\n> \n> **s 13N:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":39},{"sectionNumber":"13O","sectionType":"section","heading":"Special appropriation to Greyhound Welfare and Integrity Commission","content":"#### 13O Special appropriation to Greyhound Welfare and Integrity Commission\n\n13O Special appropriation to Greyhound Welfare and Integrity Commission\n\n> > (1) The Treasurer is, for the period from 1 January 2019 to 30 June 2019, to pay $2,000,000 to the Greyhound Welfare and Integrity Commission.\n> \n> > (2) That amount is to be paid from the Consolidated Fund, which is appropriated accordingly.\n> \n> > (3) This section does not prevent any other appropriation or payment to the Greyhound Welfare and Integrity Commission.\n> \n> **s 13O:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":40},{"sectionNumber":"Division 7","sectionType":"division","heading":"Offset against point of consumption tax","content":"## Division 7 Offset against point of consumption tax\n\nDivision 7 Offset against point of consumption tax\n\n**pt 4, div 7:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":41},{"sectionNumber":"13P","sectionType":"section","heading":"Offset of tax to totalizator licensee","content":"#### 13P Offset of tax to totalizator licensee\n\n13P Offset of tax to totalizator licensee\n\n> > (1) A totalizator licensee is entitled, for a financial year, to an offset against the point of consumption tax payable by the licensee in an amount equal to the sum of the following—\n> > \n> > > (a) the amount of betting tax under Part 2 paid by the licensee for that financial year less any offset for the financial year under section 11,\n> > \n> > > (b) the tax reduction amount for that financial year paid by the licensee under section 70 of the [Totalizator Act 1997](/view/html/inforce/current/act-1997-045).\n> \n> > (2) For the avoidance of doubt, if in relation to a financial year the amount of a totalizator licensee’s offset under this section is greater than the amount of the totalizator licensee’s point of consumption tax liability under this Part, the totalizator licensee is not entitled to a refund of that excess amount.\n> \n> > (3) Nothing in this Part requires a totalizator licensee to pay point of consumption tax for any period before the offset under this section for that period is applied to that liability.\n> > \n> > Note—\n> > \n> > Division 2 of Part 6 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) enables the Chief Commissioner to approve special arrangements for the lodging of returns and payment of tax under taxation laws.\n> \n> **s 13P:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":42},{"sectionNumber":"Division 8","sectionType":"division","heading":"Multi-jurisdictional agreements","content":"## Division 8 Multi-jurisdictional agreements\n\nDivision 8 Multi-jurisdictional agreements\n\n**pt 4, div 8:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":43},{"sectionNumber":"13Q","sectionType":"section","heading":"Treasurer may enter into agreements","content":"#### 13Q Treasurer may enter into agreements\n\n13Q Treasurer may enter into agreements\n\n> > (1) The Treasurer may enter into an agreement (a multi-jurisdictional agreement) with 1 or more other Australian jurisdictions to establish and implement processes for achieving improvements in the assessment and collection of taxes, interest and penalties imposed by the participating jurisdictions on betting operations that are carried on in multiple jurisdictions.\n> \n> > (2) A multi-jurisdictional agreement may—\n> > \n> > > (a) provide for the 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\n> > \n> > > (b) provide for each participating jurisdiction to collect, on behalf of all participating jurisdictions, taxes, interest and penalties payable to those jurisdictions by betting operators whose businesses are based in the collecting jurisdiction, and\n> > \n> > > (c) provide for participating jurisdictions to undertake audits or investigations in respect of taxes, interest and penalties payable by a betting operator under the law of another participating jurisdiction, and\n> > \n> > > (d) authorise the performance of functions under this Act or the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) by a specified authority of a participating jurisdiction, subject to subsection (4) and any other limitations specified in the agreement, and\n> > \n> > > (e) authorise the performance of functions under a specified law of another participating jurisdiction by the Chief Commissioner, subject to any law of that jurisdiction and any other limitations specified in the agreement, and\n> > \n> > > (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\n> > \n> > > (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.\n> \n> > (3) A multi-jurisdictional agreement operates for the period, and may be varied or terminated in such a manner, as the participating jurisdictions agree.\n> \n> > (4) A multi-jurisdictional agreement—\n> > \n> > > (a) must be consistent with the provisions of this Act and the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097), and\n> > \n> > > (b) cannot authorise a participating jurisdiction—\n> > > \n> > > > (i) to make a binding determination of the amount of tax, interest or penalties payable by a betting operator under the laws of another participating jurisdiction, or\n> > > \n> > > > (ii) to take enforcement action in respect of tax, interest or penalties payable by a betting operator under the laws of another participating jurisdiction.\n> \n> > (5) The Chief Commissioner is to take such action as is necessary or expedient to giving effect to a multi-jurisdictional agreement.\n> \n> > (6) In this section, participating jurisdiction means New South Wales and another State or a Territory that enters into a multi-jurisdictional agreement.\n> \n> **s 13Q:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":44},{"sectionNumber":"Division 9","sectionType":"division","heading":"Miscellaneous","content":"## Division 9 Miscellaneous\n\nDivision 9 Miscellaneous\n\n**pt 4, div 9:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":45},{"sectionNumber":"13R","sectionType":"section","heading":"Regulations","content":"#### 13R Regulations\n\n13R Regulations\n\n> Regulations may be made for or with respect to the following—\n> \n> > (a) methods for determining the location of persons making bets with, or through a service provided by, a betting operator,\n> \n> > (b) providing specified amounts associated with the making of bets that are to be included, or not included, in net NSW wagering revenue,\n> \n> > (c) matters necessary or expedient to give effect to a multi-jurisdictional agreement under section 13Q,\n> \n> > (d) providing that specified persons or classes of persons are, or are not, betting operators,\n> \n> > (e) exceptions to and exemptions from liability to pay point of consumption tax.\n> \n> **s 13R:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":46},{"sectionNumber":"13S","sectionType":"section","heading":"Avoidance of point of consumption tax","content":"#### 13S Avoidance of point of consumption tax\n\n13S Avoidance of point of consumption tax\n\n> > (1) If a person enters into an agreement, transaction or arrangement, whether in writing or otherwise, that has the effect of reducing, postponing or avoiding the liability of any person to the assessment, imposition or payment of point of consumption tax, the Chief Commissioner may—\n> > \n> > > (a) disregard the agreement, transaction or arrangement for 1 or more periods, and\n> > \n> > > (b) determine 1 or more of the matters mentioned in subsection (2).\n> \n> > (2) The matters are the following—\n> > \n> > > (a) that the net NSW wagering revenue of a betting operator for a particular period is to be taken to include an additional amount,\n> > \n> > > (b) that a bet made with a betting operator—\n> > > \n> > > > (i) is to be taken to have been made by a person other than the person who purportedly made the bet or at a place other than the place where the bet was purportedly made, and\n> > > \n> > > > (ii) if applicable, is a NSW bet within the meaning of this Part for calculating the net NSW wagering revenue of the betting operator for a particular period,\n> > \n> > > (c) that—\n> > > \n> > > > (i) a party to the agreement, transaction or arrangement is to be taken to be a betting operator, and\n> > > \n> > > > (ii) a payment made in respect of the agreement, transaction or arrangement is to be taken to be part of the net NSW wagering revenue of the party for a particular period.\n> \n> > (3) If the Chief Commissioner makes a determination under subsection (1) (b) about a betting operator or another party to the agreement, transaction or arrangement, the Chief Commissioner must give the betting operator or party a notice that states the decision and the reasons for the decision.\n> \n> > (4) A person who, by any act or omission, avoids or attempts to avoid point of consumption tax imposed is guilty of an offence.\n> > \n> > Maximum penalty—100 penalty units and triple the amount of point of consumption tax avoided or attempted to be avoided.\n> \n> **s 13S:** Ins 2018 No 69, Sch 1 \\[4\\].","sortOrder":47},{"sectionNumber":"14","sectionType":"section","heading":null,"content":"#### 14\n\n14–16 (Repealed)","sortOrder":48},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":50},{"sectionNumber":"17","sectionType":"section","heading":null,"content":"#### 17\n\n17, 18 (Repealed)","sortOrder":51},{"sectionNumber":"19","sectionType":"section","heading":"Proceedings for offences","content":"#### 19 Proceedings for offences\n\n19 Proceedings for offences\n\n> Proceedings for an offence under this Act or the regulations are to be dealt with summarily by the Local Court.\n> \n> **s 19:** Am 2007 No 94, Sch 2.","sortOrder":53},{"sectionNumber":"20","sectionType":"section","heading":"Regulations","content":"#### 20 Regulations\n\n20 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) The regulations may create offences with a maximum penalty not exceeding 50 penalty units.","sortOrder":54},{"sectionNumber":"21","sectionType":"section","heading":"Review of Act","content":"#### 21 Review of Act\n\n21 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":55},{"sectionNumber":"22","sectionType":"section","heading":null,"content":"#### 22\n\n22 (Repealed)","sortOrder":56},{"sectionNumber":"23","sectionType":"section","heading":"Repeals","content":"#### 23 Repeals\n\n23 Repeals\n\n> The following laws are repealed—\n> \n> > (a) the [Bookmakers (Taxation) Act 1917](/view/html/repealed/current/act-1917-015),\n> \n> > (b) the [Bookmakers (Taxation) Amendment Act 1991](/view/pdf/asmade/act-1991-67),\n> \n> > (c) the [Bookmakers (Taxation) Regulation 1996](/view/pdf/asmade/sl-1996-399),\n> \n> > (d) the [Racing Taxation (Betting Tax) Act 1952](/view/pdf/asmade/act-1952-19),\n> \n> > (e) the [Racing Taxation (Betting Tax) Amendment Act 2000](/view/html/repealed/current/act-2000-065).","sortOrder":58},{"sectionNumber":"24","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 24 Savings and transitional provisions\n\n24 Savings and transitional provisions\n\n> Schedule 4 has effect.","sortOrder":59},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedules 1–3 (Repealed)\n\n**sch 1:** Rep 2003 No 82, Sch 3.\n\n**sch 2:** Rep 2003 No 82, Sch 3.\n\n**sch 3:** Am 2001 No 112, Sch 2.4 \\[2\\]. Rep 2003 No 82, Sch 3.","sortOrder":60},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 4 Savings and transitional provisions\n\nSchedule 4 Savings and transitional provisions\n\n(Section 24)\n\n**sch 4:** Am 2009 No 51, Sch 7.1 \\[2\\]; 2010 No 132, Sch 3 \\[2\\] \\[3\\]; 2012 No 42, Sch 2.3; 2018 No 69, Sch 1 \\[6\\]–\\[8\\].","sortOrder":61},{"sectionNumber":"7","sectionType":"section","heading":"Rate of betting tax on approved betting activities","content":"#### 7 Rate of betting tax on approved betting activities\n\n7 Rate of betting tax on approved betting activities\n\n> > (1) The lower tax rate for betting tax on approved activities is taken to have had effect from the commencement of this Act.\n> \n> > (2) The lower tax rate for betting tax on approved activities is the tax payable under section 10 (2), as substituted by the [State Revenue Legislation Further Amendment Act 2009](/view/html/repealed/current/act-2009-051).","sortOrder":71}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as enacted in 2001 focused on taxing totalizator activity (taxes on commission, roundings and net earnings from approved betting activities) (see s 8–10). Subsequent amendments inserted a point-of-consumption tax regime (Part 4, sections 13–13S, inserted 2018) that expands the taxable base to licensed betting operators on bets by persons located in NSW, together with registration, location-identification, monthly returns, anti-avoidance powers, hypothecation of revenue and multi-jurisdictional agreement provisions (see s 13A, s 13B, s 13C, s 13D, s 13F, s 13L, s 13M, s 13P, s 13Q). These later additions broaden the Act’s scope from taxing totalizator-derived turnover to a consumption-based tax on licensed operators serving NSW bettors and add new compliance, allocation and enforcement mechanisms."},"complexity_factors":["Multiple distinct tax streams (totalizator commission, roundings, approved activity nets, and point-of-consumption tax) with different bases and rates (s 8–10, s 13C).","Time-varying and category-specific percentage rates and caps (e.g. staged rates in s 8(2A), s 9(2A), s 10(2A), and exemption for computer-simulated betting in s 10(4A)–(4B)).","Offsets, rebates and non-refundable excess offset rules creating cross-calculation complexity (s 11, s 12, s 13P).","Monthly instalment mechanics plus annual reconciliation and registration thresholds create timing and cash-flow considerations (s 13D, s 13E, s 13F, s 13K).","Location-determination rules and the need for operational methods (reasonable-steps standard, permitted reliance on addresses, but subject to knowledge/suspicion exceptions) increase compliance and legal uncertainty (s 13L, s 13R(a)).","Anti-avoidance powers that allow administrative re-characterisation of arrangements introduce discretionary enforcement risk (s 13S).","Interplay with other statutes (Totalizator Act 1997, Taxation Administration Act 1996, Betting and Racing Act 1998) requires cross-referencing and coordination (s 3 definitions, s 5, references throughout).","Provisions enabling multi-jurisdictional agreements and shared collection arrangements add institutional and legal coordination complexity (s 13Q).","Hypothecation and specified allocation formulas for revenue create earmarking and add administrative reconciliation (s 13M–13O).","Regulations can fill many technical gaps (methods for locating bettors, inclusions/exclusions to revenue, exemptions), so practical operation depends on delegated instruments (s 13R)."],"plain_english_summary":"### What this law does, who it affects, and how it works\n\n- The Betting Tax Act 2001 sets out taxes on betting activity in New South Wales and the administrative rules for collecting those taxes. It covers two main streams: (a) traditional totalizator-related taxes (on totalizator commissions, roundings and approved betting activities) and (b) a point-of-consumption tax that applies to licensed betting operators on bets made by people located in NSW.\n\n- Who pays\n  - Totalizator licence holders (operators of on-course or off-course totalizators) pay tax on commission and roundings, and on net earnings from certain approved betting activities (see sections 8, 9 and 10).\n  - Betting operators (bookmakers, totalizator operators, betting exchanges) are liable for the point-of-consumption tax on their net NSW wagering revenue (see sections 13, 13A, 13C).\n\n- Key mechanical features\n  - Totalizator taxes: a licence-holder pays tax on commission deducted from pools and on rounding amounts retained; the Act sets the applicable percentages (section 8, section 9) and requires payment within 7 days after the relevant day (sections 8(4), 9(4)). (s 8, s 9)\n  - Approved betting activities: licence-holders pay tax on net earnings from approved activities at the percentages set in section 10; special rates and an exemption for the first $255 million of computer-simulated racing bets in a financial year are explicitly provided (s 10(2A), s 10(4A)–(4B)). (s 10)\n  - Point-of-consumption tax (POCT): a betting operator pays 15% on net NSW wagering revenue above a $1,000,000 annual threshold (no tax if revenue ≤ $1,000,000). The Act requires monthly instalments and an end-of-year reconciliation (s 13C–13E). (s 13C, s 13D, s 13E)\n  - Registration and reporting: operators whose NSW net wagering revenue reaches or exceeds $1,000,000 in a month must apply for registration within 7 days (penalty applies). Registered or required-to-register operators must lodge monthly returns within 21 days of the month end (s 13F, s 13K). (s 13F, s 13K)\n  - Location checks: operators must take reasonable steps to identify the location of a person placing a bet; the Act permits reliance on supplied residential or business addresses unless the operator knows or reasonably suspects those are false (penalty applies) (s 13L). (s 13L)\n  - Offsets and rebates: totalizator licence-holders can claim specified offsets against POCT (including tax already paid under Part 2 and a tax reduction under the Totalizator Act), and there are provisions allowing the Minister to direct rebates to racing clubs when turnover is below specified amounts (s 11, s 12, s 13P). (s 11, s 12, s 13P)\n  - Hypothecation and disbursement of revenue: a defined share (33% of the prescribed amount) of POCT revenue is to be paid to three racing industry bodies in set proportions (72% to Racing NSW, 15% to Harness Racing NSW, 13% to Greyhound Racing NSW). The Treasurer also has specified one-off and possible ongoing payments to the Responsible Gambling Fund and to the Greyhound Welfare and Integrity Commission in 2019 (s 13M–13O). (s 13M, s 13N, s 13O)\n  - Administration and enforcement powers: the Chief Commissioner administers registration and returns, may register operators even without an application, and has anti-avoidance powers to disregard transactions designed to avoid POCT and to re-characterise bets or parties for tax purposes. Penalties include monetary penalties and a possible penalty equal to triple the avoided tax amount (s 13G, s 13H, s 13S). (s 13G, s 13H, s 13S)\n  - Multi-jurisdiction arrangements and regulations: the Treasurer may enter agreements with other Australian jurisdictions for assessment/collection arrangements; regulations may specify location-determination methods, revenue inclusions/exclusions, exemptions, and other implementation details (s 13Q, s 13R). (s 13Q, s 13R)\n\n- Purposes stated in the Act and operational consequences\n  - The Act implements taxation on betting activity and, from 2018 amendments, a POCT intended to tax bets placed by persons located in NSW regardless of where the operator is based (see definitions and POCT rules in Part 4). Those design choices shift the taxable base from where the operator is located or where pools are conducted to where the consumer is located (s 13A–13C). (s 13A, s 13C)\n\n- Costs, incentives and trade-offs (how behaviour or decision-making is affected)\n  - Who pays and economic incidence: licensed operators bear the statutory liability (s 8(3), s 9(3), s 10(3), s 13C(1)), so operators decide how to pass costs on to customers (prices/odds), how to structure offerings (product mixes, free bets), and whether to serve NSW customers at all. (s 8, s 9, s 10, s 13C)\n  - Compliance burden and administrative costs: registration, monthly returns, monthly instalments, and record-keeping requirements create ongoing compliance and administrative costs for operators (s 13F, s 13K, s 13D). Requirements to identify a bettor’s location impose customer-identification procedures and potential KYC-like checks (s 13L). (s 13F, s 13K, s 13D, s 13L)\n  - Anti-avoidance and enforcement discretion: the Chief Commissioner has power to disregard arrangements that reduce POCT and to re-characterise bets or parties for tax purposes; that creates uncertainty for complex commercial arrangements and gives administrative discretion in enforcement (s 13S). (s 13S)\n  - Interaction with other laws and inter-jurisdictional coordination: the Act relies on definitions and licences under other Acts (Totalizator Act, Betting and Racing Act, Taxation Administration Act) and permits multi-jurisdictional agreements for collection and audits, which affects how cross-border or multi-state operators are treated (s 5, s 13, s 13Q). (s 5, s 13, s 13Q)\n  - Revenue allocation choices: a legislated share of POCT revenue is directed to industry bodies and specified funds, so part of the tax revenue is earmarked for particular recipients rather than flowing only into general revenue (s 13M–13O). (s 13M, s 13N, s 13O)\n\n- Discretion and decision-makers\n  - Governor may declare a lower percentage for certain totalizator taxes (s 8(2)(b)).\n  - Minister can direct rebates to racing clubs and issue policy directions tied to special payments from the Responsible Gambling Fund (s 12, s 13N).\n  - Treasurer controls appropriation and payments to racing bodies and may enter multi-jurisdictional agreements (s 13M, s 13Q).\n  - Chief Commissioner administers registration, notices, special arrangements for return/payment dates, and exercises anti-avoidance powers (s 13G, s 13H, s 13K, s 13S; see also the Taxation Administration Act referenced in s 5).\n\n- Implementation risks and areas requiring further specification\n  - Determining a bettor’s location in practice is delegated in part to operator processes and to regulations (s 13L, s 13R(a)). That requires technical and operational rules which the Act leaves to subordinate instruments and to operator judgement. (s 13L, s 13R)\n  - Multi-jurisdictional collection, information-sharing and audit arrangements require intergovernmental agreements to be implemented effectively (s 13Q). (s 13Q)\n\n- Penalties and deterrence\n  - Breaches of registration and return obligations carry monetary penalties (up to 100 penalty units) (s 13F, s 13K).\n  - Anti-avoidance conduct attracts a maximum penalty of 100 penalty units and an amount equal to triple the point-of-consumption tax avoided or attempted to be avoided (s 13S). (s 13S)\n\nOverall, the Act establishes specific taxes on traditional totalizator activity and, after later amendment, a broader point-of-consumption regime that taxes licensed betting operators on bets placed by people located in NSW, with registration, reporting, identification and anti-avoidance rules, specified offsets and targeted allocation of a portion of revenue to racing industry bodies and responsible gambling initiatives. (See in particular: s 8–10; s 11–12; s 13–13S; s 13M–13P.)"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2001 scope. Originally focused solely on taxing the NSW totalizator (TAB) operator's commission and roundings, the Act was fundamentally transformed by the 2018 amendments (Betting Tax Amendment (Point of Consumption) Act 2018). This added Part 4, which imposes tax on all betting operators—bookmakers, betting exchanges, and totalizator operators—regardless of where they are based, provided they accept bets from people located in NSW. This shifted the tax base from 'where the operator is licensed' to 'where the bettor is located', capturing interstate and offshore operators previously outside the net. The Act now functions as a comprehensive wagering tax regime rather than a narrow totalizator tax."},"complexity_factors":["Multiple tax regimes operating simultaneously: Part 2 (traditional betting tax) and Part 4 (point of consumption tax) with different bases, rates, and calculation methods","Extensive cross-referencing to the Taxation Administration Act 1996, Totalizator Act 1997, and Betting and Racing Act 1998 for definitions and administrative machinery","Complex defined terms with nested definitions: 'net NSW wagering revenue' (s 13A) involves a mathematical formula with multiple variables; 'NSW bet' (s 13B) requires geographical location tracking","Temporal rate variations: Six different percentage rates for totalizator taxes across different date ranges (s 8, s 9), and multiple rate tranches for approved betting activities (s 10)","Conditional thresholds and phase-ins: $1 million threshold for point of consumption tax (s 13C), $255 million exemption for computer simulated racing (s 10(4A)) with sunset clause (s 10(4B))","Offset mechanisms with complex calculations: Section 11 involves 'excluded commission' and 'excluded net earnings' with caps (5.5% and 4% respectively) and annual reconciliation provisions","Multi-jurisdictional coordination provisions (s 13Q) allowing inter-state agreements for tax collection and information sharing","Anti-avoidance provisions (s 13S) granting the Chief Commissioner broad discretionary powers to reconstruct transactions","Hypothecation (earmarking) provisions directing specific percentages of revenue to specific entities (s 13M, 13N, 13O)","Repealed and re-enacted sections creating legislative archaeology (ss 4, 5A, 6, 7, 11, 14-16, 17, 18, 22, Schedules 1-3 all repealed; Part 4 entirely inserted in 2018)"],"plain_english_summary":"This law is the **Betting Tax Act 2001** (NSW). It sets up a tax system on betting and gambling activities in New South Wales.\n\n**What it does:**\n\nThe Act imposes three main types of betting tax:\n\n*   **Tax on totalizator commission** (Section 8): The TAB (or other totalizator licensee) must pay tax on the commission it deducts from betting pools. The rate has dropped significantly over time—from over 16% down to **3.49%** from 1 July 2022 onwards.\n*   **Tax on totalizator roundings** (Section 9): Tax is payable on small amounts retained by the TAB when dividends are rounded down. Same rates apply as above.\n*   **Tax on approved betting activities** (Section 10): Tax on the net profit from other betting activities (like fixed-odds betting and computer-simulated racing). The rate varies by activity type and time period—currently **8.47%** for most activities and **15%** for computer-simulated racing.\n\n**Point of Consumption Tax** (Part 4, added in 2018):\n\nThis is a major expansion that catches betting operators based **outside NSW** who take bets from people **located in NSW**. It works like this:\n\n*   Betting operators (bookmakers, betting exchanges, totalizator operators) must pay **15% tax** on their \"net NSW wagering revenue\" above **$1 million per year**.\n*   \"Net NSW wagering revenue\" means the profit made from bets placed by people in NSW, calculated differently depending on whether it's a totalizator, betting exchange, or fixed-odds bet.\n*   Operators must register with the Chief Commissioner of State Revenue and lodge monthly returns.\n*   They must take **reasonable steps to identify where bettors are located**.\n\n**Offsets and rebates:**\n\n*   Totalizator licensees can get offsets (reductions) for betting tax paid, particularly for bets placed by people outside NSW.\n*   Racing clubs can get rebates for small race meetings with low turnover.\n*   Totalizator licensees can offset their Part 2 betting tax against their point of consumption tax liability.\n\n**Where the money goes:**\n\n*   **33%** of point of consumption tax revenue goes to racing industry bodies (Racing NSW, Harness Racing NSW, Greyhound Racing NSW) in set proportions.\n*   Some revenue is directed to the **Responsible Gambling Fund** and the **Greyhound Welfare and Integrity Commission**.\n\n**Who it affects:**\n\n*   **TAB/Totalizator licensees**: Must pay betting tax and comply with reporting.\n*   **Bookmakers and betting exchanges**: Must pay point of consumption tax if they take bets from NSW residents.\n*   **Racing clubs**: May receive rebates and benefit from hypothecated revenue.\n*   **Bettors in NSW**: Indirectly affected as operators may adjust odds or fees to account for tax.\n\n**Why it matters:**\n\nThis Act ensures betting operators contribute tax revenue to NSW, regardless of where they are licensed. The 2018 amendments were particularly significant—they stopped offshore and interstate bookmakers from avoiding NSW tax by operating from outside the state. The tax revenue supports the racing industry and responsible gambling initiatives."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Based on the 11 amendments over 21 years, it is highly likely the scope has expanded from the original 2001 intent. The betting landscape has changed dramatically since 2001 — particularly with the rise of online and interstate betting operators — and the multiple amendments suggest the Act has been updated to capture new forms of betting revenue and operators that were not contemplated when the law was first introduced."},"complexity_factors":["Only metadata/status information was provided — the substantive legal provisions were not included, limiting full analysis","The Act has been amended at least 11 times over 21 years, meaning understanding current obligations requires tracking historical changes","Dual ministerial responsibility (Treasurer and Minister for Finance) can create administrative complexity","Betting tax law intersects with broader gambling regulation frameworks, licensing regimes, and potentially Commonwealth tax law","The evolving nature of the betting industry (online betting, interstate operators) likely adds definitional and jurisdictional complexity within the full Act text"],"plain_english_summary":"## Betting Tax Act 2001 (NSW)\n\n**What is this?**\nThis is a New South Wales (NSW) state law that imposes a tax on betting activities. It has been in place since 2001 and is still currently in force.\n\n**Who does it affect?**\n- **Betting operators** (such as bookmakers, TABs, and other licensed gambling businesses) who conduct betting activities in NSW — they are the ones who must pay this tax.\n- **Ordinary punters (gamblers)** are generally not directly taxed under this law — the tax falls on the businesses taking the bets.\n- **NSW Government** receives revenue from this tax, which funds public services.\n\n**Why does it matter?**\nThis law is part of NSW's framework for taxing the gambling industry. Betting operators must calculate and pay tax on their betting revenue (typically based on what they earn from bets, not what punters lose individually). The tax rates and rules have been updated multiple times since 2001, reflecting changes in the betting industry (including the rise of online betting).\n\n**Key points:**\n- The law is overseen jointly by the **NSW Treasurer** and the **Minister for Finance**.\n- It has been amended **at least 11 times** since it was first introduced, suggesting the rules around betting taxation have evolved significantly.\n- The most recent update was **1 July 2022**.\n\n> ⚠️ **Note:** Only the metadata and status information for this Act was provided — the full text of the law (including the actual tax rates, definitions, and obligations) was not included in this extract. A complete analysis of rights and obligations would require the full Act text."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/betting-tax-act-2001","history":"/api/acts/betting-tax-act-2001/history","analysis":"/api/acts/betting-tax-act-2001/analysis","conflicts":"/api/acts/betting-tax-act-2001/conflicts","importantCases":"/api/acts/betting-tax-act-2001/important-cases","documents":"/api/acts/betting-tax-act-2001/documents"}}