sec.51Casino tax

### sec.51 Casino tax A casino tax shall be paid to the chief executive each month in respect of a casino licence. The casino tax shall be paid on or before the seventh day of the month next following the month in respect of which it is payable. Subject to subsection (4) , the amount of the casino tax is to be as follows, less the GST deduction for the month— the total of— the percentage of the casino gross revenue for the month in question that applies under the associated agreement; and the relevant percentage of the premium junket revenue for the month; or if the agreement provides that an amount is to be payable in specified circumstances and the circumstances have arisen—that amount. If the Governor in Council considers that a percentage specified in the agreement should be varied, the Governor in Council may, by regulation, determine a higher or lower percentage for the purposes of subsection (3) (a) . Subsections (4B) and (4C) apply if a regulation made under subsection (4) determines a higher percentage for subsection (3) (a) for an associated agreement for a casino licence. The regulation has effect despite— the agreement; and the Act that ratifies the agreement. Despite any other Act or law, no compensation is payable by the State to any person because of the operation of the regulation. Subsection (4C) does not prevent the payment of compensation by the State to the casino licensee, to the extent the State is expressly liable under the agreement or another agreement entered into by the State and the licensee, because of the operation of the regulation. A regulation made under subsection (4) may determine different percentages, for subsection (3) (a) , to be applied to different categories of casino gross revenue or premium junket revenue for an associated agreement for a casino licence. A regulation determining a higher or lower percentage for the purposes of subsection (3) (a) takes effect— if the regulation is notified on the first day of the month—on that day; or in any other case—on the first day of the next month. For subsection (3) (a) — if the casino gross revenue for a month is a negative amount, the amount worked out under subsection (3) (a) (i) is a negative amount; and if the premium junket revenue for a month is a negative amount, the amount worked out under subsection (3) (a) (ii) is a negative amount. In this section— associated agreement , for a casino licence, means the agreement mentioned in section 19 under which the casino licence issues. GST deduction , for a month, means the lesser of the following amounts— the global GST amount, calculated under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) , division 126 , for the month for the conduct of gaming under the casino licence; the relevant amount mentioned in subsection (3) (a) or (b) . relevant percentage , for premium junket revenue, for a casino licence, means— the percentage that applies under the associated agreement for premium junket revenue; or if a percentage for premium junket revenue does not apply under the associated agreement—the percentage that applies under the associated agreement for casino gross revenue. s 51 amd 1992 No. 68 s 3 sch 1 ; 1995 No. 6 s 2 sch ; 1996 No. 69 s 5 ; 2000 No. 20 s 29 sch 3 ; 2009 No. 22 s 25 ; 2013 No. 39 s 110 (2) sch 3 pt 2 ; 2016 No. 17 s 79 (sec.51-ssec.1) A casino tax shall be paid to the chief executive each month in respect of a casino licence. (sec.51-ssec.2) The casino tax shall be paid on or before the seventh day of the month next following the month in respect of which it is payable. (sec.51-ssec.3) Subject to subsection (4) , the amount of the casino tax is to be as follows, less the GST deduction for the month— the total of— the percentage of the casino gross revenue for the month in question that applies under the associated agreement; and the relevant percentage of the premium junket revenue for the month; or if the agreement provides that an amount is to be payable in specified circumstances and the circumstances have arisen—that amount. (sec.51-ssec.4) If the Governor in Council considers that a percentage specified in the agreement should be varied, the Governor in Council may, by regulation, determine a higher or lower percentage for the purposes of subsection (3) (a) . (sec.51-ssec.4A) Subsections (4B) and (4C) apply if a regulation made under subsection (4) determines a higher percentage for subsection (3) (a) for an associated agreement for a casino licence. (sec.51-ssec.4B) The regulation has effect despite— the agreement; and the Act that ratifies the agreement. (sec.51-ssec.4C) Despite any other Act or law, no compensation is payable by the State to any person because of the operation of the regulation. (sec.51-ssec.4D) Subsection (4C) does not prevent the payment of compensation by the State to the casino licensee, to the extent the State is expressly liable under the agreement or another agreement entered into by the State and the licensee, because of the operation of the regulation. (sec.51-ssec.4E) A regulation made under subsection (4) may determine different percentages, for subsection (3) (a) , to be applied to different categories of casino gross revenue or premium junket revenue for an associated agreement for a casino licence. (sec.51-ssec.5) A regulation determining a higher or lower percentage for the purposes of subsection (3) (a) takes effect— if the regulation is notified on the first day of the month—on that day; or in any other case—on the first day of the next month. (sec.51-ssec.6) For subsection (3) (a) — if the casino gross revenue for a month is a negative amount, the amount worked out under subsection (3) (a) (i) is a negative amount; and if the premium junket revenue for a month is a negative amount, the amount worked out under subsection (3) (a) (ii) is a negative amount. (sec.51-ssec.7) In this section— associated agreement , for a casino licence, means the agreement mentioned in section 19 under which the casino licence issues. GST deduction , for a month, means the lesser of the following amounts— the global GST amount, calculated under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) , division 126 , for the month for the conduct of gaming under the casino licence; the relevant amount mentioned in subsection (3) (a) or (b) . relevant percentage , for premium junket revenue, for a casino licence, means— the percentage that applies under the associated agreement for premium junket revenue; or if a percentage for premium junket revenue does not apply under the associated agreement—the percentage that applies under the associated agreement for casino gross revenue. - (a) the total of— (i) the percentage of the casino gross revenue for the month in question that applies under the associated agreement; and (ii) the relevant percentage of the premium junket revenue for the month; or - (i) the percentage of the casino gross revenue for the month in question that applies under the associated agreement; and - (ii) the relevant percentage of the premium junket revenue for the month; or - (b) if the agreement provides that an amount is to be payable in specified circumstances and the circumstances have arisen—that amount. - (i) the percentage of the casino gross revenue for the month in question that applies under the associated agreement; and - (ii) the relevant percentage of the premium junket revenue for the month; or - (a) the agreement; and - (b) the Act that ratifies the agreement. - (a) if the regulation is notified on the first day of the month—on that day; or - (b) in any other case—on the first day of the next month. - (a) if the casino gross revenue for a month is a negative amount, the amount worked out under subsection (3) (a) (i) is a negative amount; and - (b) if the premium junket revenue for a month is a negative amount, the amount worked out under subsection (3) (a) (ii) is a negative amount. - (a) the global GST amount, calculated under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) , division 126 , for the month for the conduct of gaming under the casino licence; - (b) the relevant amount mentioned in subsection (3) (a) or (b) . - (a) the percentage that applies under the associated agreement for premium junket revenue; or - (b) if a percentage for premium junket revenue does not apply under the associated agreement—the percentage that applies under the associated agreement for casino gross revenue.