Version incorporating amendments as at
1 July 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 1
3 Definitions 1
4 Taxation Administration Act 1997 2
5 Act binds the Crown 2
Part 2—Casino taxation 3
Division 1—Introduction 3
6 Definitions for Part 2 3
Division 2—Imposition and calculation of tax 7
7 Imposition of tax 7
8 Casino tax 7
9 Community benefit levy 10
10 Additional casino tax—gross gaming revenue 10
11 Additional casino tax—commission based players gaming revenue 12
12 Carrying forward negative total commission based players gaming revenue 12
Division 3—Registration and returns 12
13 Registration of casino operators 12
14 Returns and payment of tax 13
14A Power to require regular provision of information etc. during specified period 14
Part 3—Taxation of keno 15
Division 1—Introduction 15
15 Definitions for Part 3 15
16 Net keno revenue 16
17 Foreign currency transactions 17
Division 2—Imposition and rate of tax 17
18 Imposition and rate of tax 17
19 Rollover of negative net keno revenue to subsequent month 18
Division 3—Registration and returns 18
20 Registration of keno entities 18
21 Cancellation of registration by Commissioner 19
22 Cancellation of registration by registered keno entity 19
23 Returns and payment of tax 19
Division 4—General 20
24 Multi-jurisdictional agreements 20
25 Guidelines for determining location 22
26 Extraterritorial operation 22
27 Hospitals and Charities Fund and Mental Health Fund 22
28 Regulations for keno tax 23
Part 4—Taxation of wagering and betting 24
Division 1—Introduction 24
29 Definitions for Part 4 24
30 Bets made in foreign currency 29
Division 2—Imposition, rate and hypothecation of tax 29
31 Imposition and rate of tax 29
32 Tax-free threshold where wagering and betting entity leaves a group 30
33 Victorian racing industry payment 31
34 ANZAC Day Proceeds Fund 31
35 Hospitals and Charities Fund 32
Division 3—Registration and returns 32
36 Registration of wagering and betting entities 32
37 Cancellation of registration by Commissioner 33
38 Cancellation of registration by registered wagering and betting entity 33
39 Returns and payment of tax 34
Division 4—Grouping provisions 34
40 Constitution of groups 34
41 Groups of corporations 34
42 Groups of commonly controlled businesses 35
43 Smaller groups subsumed by larger groups 38
44 Imposition and rate of tax 38
45 Supplementary provisions for determining tax for groups—members joining or forming groups during financial year 39
46 Supplementary provisions for determining tax for groups—members leaving groups and joining other groups during financial year 40
47 Designated group entities 41
48 Registration of designated group entity 42
49 Cancellation of registration by Commissioner 43
50 Cancellation of registration by registered designated group entity 43
51 Group returns and payment of tax 44
52 Supplementary provisions for joint and several liability of group members 44
Division 5—General 45
53 Multi-jurisdictional agreements 45
54 Guidelines for determining location 47
55 Extraterritorial operation 47
56 Regulations for wagering and betting tax 48
Part 5—General and transitional 49
Division 1—General 49
57 Regulations 49
Division 2—Transitional provisions 49
58 Transitional provisions in Schedule 2 49
Schedule 1—Amount of additional casino tax on gross gaming revenue 51
Schedule 2—Transitional provisions 53
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Endnotes 56
1 General information 56
2 Table of Amendments 58
3 Explanatory details 59
Version No.003
Gambling Taxation Act 2023
No. 14 of 2023
Version incorporating amendments as at
1 July 2024
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The purposes of this Act are—
(a) to consolidate and amend various gambling taxes; and
(b) to make consequential amendments to the Casino Control Act 1991, the Casino (Management Agreement) Act 1993, the Gambling Regulation Act 2003 and the Taxation Administration Act 1997.
2 Commencement
This Act comes into operation on 1 July 2023.
3 Definitions
In this Act—
additional casino tax means tax imposed by section 7(1)(c) and (d);
casino tax means tax imposed by section 7(1)(a);
community benefit levy means the levy imposed by section 7(1)(b);
GST has the same meaning as in the GST Act;
GST Act means the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
Hospitals and Charities Fund means the fund established under section 136 of the Health Services Act 1988;
keno tax means tax imposed by Part 3;
Mental Health Fund means the fund referred to in section 10.3.4 of the Gambling Regulation Act 2003;
VGCCC means Victorian Gambling and Casino Control Commission established under Part 2 of the Victorian Gambling and Casino Control Commission Act 2011;
wagering and betting tax means tax imposed by Part 4;
written notice includes a notice given in the form of electronic data from which a written document can be produced or reproduced.
4 Taxation Administration Act 1997
This Act is to be read together with the Taxation Administration Act 1997 which provides for the administration and enforcement of this Act and other taxation laws.
Note
This Act and regulations made under this Act are a taxation law under the Taxation Administration Act 1997.
5 Act binds the Crown
(1) This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
(2) Nothing in this Act makes the Crown in any of its capacities liable to be prosecuted for an offence.
Part 2—Casino taxation
Division 1—Introduction
6 Definitions for Part 2
In this Part—
casino has the meaning given by section 3(1) of the Casino Control Act 1991;
casino operator has the meaning given by section 3(1) of the Casino Control Act 1991;
commission based player means a person who participates in a premium player arrangement with a casino operator where the person and the casino operator satisfy the requirements of any relevant controls and procedures approved by the VGCCC under section 121 of the Casino Control Act 1991 in respect of a premium player;
commission based players gaming revenue attributable to gaming machines means the total amount received by a casino operator from bets made on gaming machines in the casino by commission based players, including any amounts in respect of the face value of any free bets, less—
(a) the total amount of all prizes paid from that amount, including net prizes paid in relation to free bets (other than prizes paid into or out of a jackpot special prize pool); and
(b) the total of all amounts received by the casino operator from bets made on gaming machines by commission based players that are paid into a jackpot special prize pool and that are required to be paid or payable as prizes;
commission based players gaming revenue attributable to table games means the total of all amounts, including cheques and other negotiable instruments whether collected or not, received in any period by a casino operator from the conduct or playing of table games in the casino by commission based players, including any amounts in respect of the face value of any free bets, less the total amount of all winnings paid in that period by the casino operator to commission based players in respect of the conduct or playing of table games in the casino by them, including net prizes paid in relation to free bets;
free bet means a bet made wholly or partly without the person making the bet paying any monetary amount for the bet or part of the bet;
gaming machine has the meaning given by section 1.3(1) of the Gambling Regulation Act 2003;
gaming revenue attributable to gaming machines means the total amount received by a casino operator from bets made on gaming machines in the casino by players other than commission based players, including any amounts in respect of the face value of any free bets, less—
(a) the total amount of all prizes paid from that amount, including net prizes paid in relation to free bets (other than prizes paid into or out of a jackpot special prize pool); and
(b) the total of all amounts received by the casino operator from bets made on gaming machines by players other than commission based players that are paid into a jackpot special prize pool and that are required to be paid or payable as prizes;
gaming revenue attributable to table games means the total of all amounts, including cheques and other negotiable instruments whether collected or not, received in any period by a casino operator from the conduct or playing of table games in the casino by players other than commission based players, including any amounts in respect of the face value of any free bets, less the total amount of all winnings paid in that period by the casino operator in respect of the conduct or playing of table games in the casino by players other than commission based players, including net prizes paid in relation to free bets;
global GST amount has the same meaning as in the GST Act;
gross gaming revenue means the sum of—
(a) gaming revenue attributable to gaming machines; and
(b) gaming revenue attributable to table games;
jackpot special prize pool has the meaning given by section 3.1.2 of the Gambling Regulation Act 2003;
net prizes, in relation to free bets, means any prizes payable in respect of the bets minus the face value of the bets;
premium player arrangement has the meaning given by section 3(1) of the Casino Control Act 1991;
State tax credit, for a casino operator in respect of a month, means an amount equal to the amount determined under Division 126 of the GST Act as the operator's global GST amount for the month;
table game means—
(a) a game that has been approved by the VGCCC under section 60 of the Casino Control Act 1991 as a "table game" at any time on or after 4 June 2009; or
(b) a semi-automated, fully automated, electronic or animated version of a game referred to in paragraph (a); or
(c) a game that is substantially similar to a game referred to in paragraph (a) or (b);
total commission based players gaming revenue means the sum of—
(a) commission based players gaming revenue attributable to gaming machines; and
(b) commission based players gaming revenue attributable to table games;
total gaming revenue means the sum of—
(a) gross gaming revenue; and
(b) total commission based players gaming revenue.
Division 2—Imposition and calculation of tax
7 Imposition of tax
(1) The following taxes are imposed on the revenue from gaming machines and table games in a casino—
(a) casino tax in accordance with section 8;
(b) a community benefit levy in accordance with section 9;
(c) additional casino tax in accordance with section 10;
(d) additional casino tax in accordance with section 11.
(2) The casino operator is liable to pay the taxes imposed by subsection (1) in respect of a casino.
8 Casino tax
(1) Subject to subsection (6), casino tax is calculated in accordance with the following formula—
where—
**CT** is the casino tax payable by a casino operator for a month;
**TCT** is the casino operator's total casino tax calculated under subsection (2) for the month;
**STC** is the casino operator's State tax credit for the month.
(2) For the purposes of subsection (1), a casino operator's total casino tax is calculated in accordance with the following formula—
where—
**TCT** is the casino operator's total casino tax for a month;
**TT** is an amount equal to 21·25% of the casino operator's gaming revenue attributable to table games in the month;
**TG** is the tax on the casino operator's gaming revenue attributable to gaming machines in the month, calculated under subsection (3);
**TCBP** is an amount equal to 9% of the casino operator's total commission based players gaming revenue in the month.
(3) For the purposes of subsection (2), the tax on a casino operator's gaming revenue attributable to gaming machines is calculated in accordance with the following formula—
where—
**TG** is the tax on the casino operator's gaming revenue attributable to gaming machines in a month;
**GMT** is the tax per gaming machine installed in the casino calculated under subsection (4) in the month;
**E** is the average number of gaming machines installed in the casino in the month, calculated by dividing the sum of the total number of gaming machines installed in the casino on each day of the month by the number of days in the month.
(4) For the purposes of subsection (3), the tax per gaming machine installed in a casino is the sum of the amounts of average gaming revenue attributable to gaming machines installed in the casino determined by multiplying those parts of that average gaming revenue specified in Column 1 of the Table by the rate specified in Column 2 of the Table opposite those parts.
Table
Column 1
Column 2
The part of average gaming revenue attributable to gaming machines that:
Rate of tax
does not exceed $2666
0·00%
exceeds $2666 but does not exceed $6666.67
46·70%
exceeds $6666.67 but does not exceed $12 500
51·17%
exceeds $12 500
60·67%
(5) In subsection (4), the average gaming revenue attributable to gaming machines installed in the casino is the amount calculated in accordance with the following formula—
where—
**A** is the average gaming revenue attributable to gaming machines installed in the casino in a month;
**TR** is the gaming revenue attributable to gaming machines installed in the casino in the month;
**E** has the same meaning as in subsection (3).
(6) For the purposes of subsection (1)—
(a) if a casino operator's total gaming revenue in a month is less than zero, the State tax credit for that month is to be applied to the total casino tax for the following month; and
(b) if a casino operator's total casino tax for a month is less than the operator's State tax credit for that month, the excess amount of the State tax credit is to be applied to the total casino tax for the following month.
9 Community benefit levy
(1) The community benefit levy is 1% of a casino operator's total gaming revenue in a month.
(2) An amount equal to the amount of community benefit levy paid into the Consolidated Fund must, in respect of each financial year, be paid out of the Consolidated Fund, in the proportions determined by the Treasurer, into the Hospitals and Charities Fund.
(3) The Consolidated Fund is appropriated to the necessary extent for payment to be made under subsection (2).
10 Additional casino tax—gross gaming revenue
(1) Additional casino tax is payable in accordance with this section if a casino operator's gross gaming revenue in a financial year exceeds the base amount for that financial year.
(2) The additional casino tax is the amount in Column 2 of the Table in Schedule 1 opposite the amount in Column 2 of that Table by which the gross gaming revenue of the casino operator in the financial year exceeds the base amount for that year.
(3) For the purposes of this section and Schedule 1, the base amount for a financial year is—
(a) for the financial year beginning on 1 July 2023—$1 200 000 000; and
(b) for a subsequent financial year, subject to subsection (4)—the amount determined in accordance with the following formula—
where—
**BA** is the base amount for the financial year;
**CPIi** is the all groups consumer price index for Melbourne in original terms for the last reference period in the preceding financial year most recently published by the Australian Bureau of Statistics;
**CPIii** is the all groups consumer price index in original terms for Melbourne for the corresponding reference period one year earlier than the reference period referred to in CPIi most recently published by the Australian Bureau of Statistics;
**P** is the base amount for the previous financial year.
(4) For the purposes of subsection (3), if the consumer price index referred to in the definition of CPIi and CPIii is discontinued, suspended or otherwise altered to such an extent that an adjustment cannot, in the reasonable opinion of the Commissioner, be made, the base amount is to be determined by substituting another index that in the Commissioner's opinion is comparable.
11 Additional casino tax—commission based players gaming revenue
(1) Additional casino tax is payable in accordance with this section if a casino operator's total commission based players gaming revenue in a financial year is less than $100 000 000.
(2) The amount of the additional casino tax is calculated in accordance with the following formula—
where—
**ACT** is the additional casino tax for the financial year;
**TCBP** is the casino operator's total commission based players gaming revenue in the financial year.
12 Carrying forward negative total commission based players gaming revenue
If, in any month, a casino operator's total commission based players gaming revenue is less than zero, the negative amount may be carried forward to the following month and applied to reduce the total commission based players gaming revenue in that month.
Division 3—Registration and returns
13 Registration of casino operators
(1) A casino operator that becomes liable for tax under this Part must apply to the Commissioner, in the form approved by the Commissioner, for registration under this Division within 14 days after the end of the first month in which the operator becomes liable.
Penalty: 500 penalty units in the case of a body corporate;
100 penalty units in any other case.
Note
Section 130B of the Taxation Administration Act 1997 applies to an offence against this subsection.
(2) The Commissioner must register a casino operator that applies under subsection (1).
14 Returns and payment of tax
(1) A casino operator must—
(a) within 30 days after the end of each month—
(i) lodge with the Commissioner a return in respect of the month and a copy of the operator's GST return in respect of the month lodged under Division 31 of the GST Act; and
(ii) pay to the Commissioner any casino tax and community benefit levy payable for the month; and
(b) within 30 days after the end of each financial year, pay to the Commissioner any additional casino tax payable for the financial year.
(2) A casino operator must lodge a return under subsection (1)(a)(i) even if no casino tax or community benefit levy is payable for the month.
(3) A return is to be in the form, and contain the information, determined by the Commissioner.
S. 14A inserted by No. 22/2024 s. 5.
14A Power to require regular provision of information etc. during specified period
(1) The Commissioner, by written notice, may require a casino operator to provide to the Commissioner any information, document or thing that—
(a) is of a class of information, document or thing specified in the notice; and
(b) is in or comes into the possession of the casino operator during the period (not exceeding 6 months) specified in the notice; and
(c) is an additional record that the casino operator is required to keep, or cause to be kept, in accordance with a written notice under section 51 of the Taxation Administration Act 1997.
(2) A casino operator to whom a notice is given under subsection (1) must provide any information, document or thing required by the notice within the timeframe specified in the notice or any extended timeframe specified by the Commissioner.
Penalty: 500 penalty units in the case of a body corporate;
100 penalty units in any other case.
Note
Section 130B of the Taxation Administration Act 1997 applies to an offence against this subsection.
(3) A casino operator does not commit an offence against subsection (2) if the casino operator has a reasonable excuse for not providing the required information, document or thing within the timeframe specified in the notice or any extended timeframe specified by the Commissioner.
Part 3—Taxation of keno
Division 1—Introduction
15 Definitions for Part 3
In this Part—
free keno game means a keno game played by a person without paying, wholly or in part, a monetary amount to play the game;
keno entity means any of the following—
(a) a keno licensee;
(b) a person authorised or permitted to conduct a keno game, in Victoria or elsewhere, under the law of another State or a Territory;
(c) a person, or person of a class, prescribed by the regulations;
keno game has the meaning given by section 1.3(1) of the Gambling Regulation Act 2003;
keno licensee has the meaning given by section 1.3(1) of the Gambling Regulation Act 2003;
multi-jurisdictional agreement has the meaning given by section 24(1);
net keno revenue—see section 16;
net prizes, in relation to a free keno game, means the prizes payable on the keno game minus the face value of the keno game;
participating jurisdiction means Victoria and another State or a Territory that enters into a multi-jurisdictional agreement;
registered keno entity means a keno entity that is registered under section 20.
16 Net keno revenue
(1) For the purposes of this Part, the net keno revenue of a keno entity in respect of a month is the amount calculated in accordance with the following formula—
where—
NKR is the net keno revenue of the keno entity in respect of a month;
TA is the sum of—
(a) the total amount received by the keno entity in the month for keno games played by persons who were located in Victoria at the time of playing the keno games, including any amounts in respect of the face value of any free keno games played by those persons; and
(b) the total of any other amounts of a kind prescribed by the regulations to be TA;
**TP** is the sum of—
(a) the total amount of all prizes paid or payable in the month directly to persons who were located in Victoria at the time of playing the keno games, including net prizes paid in relation to free keno games, other than prizes paid into or out of a prize pool; and
(b) the total of all amounts received by the keno entity in the month for keno games played by persons who were located in Victoria at the time of playing the keno games—
(i) that are paid into a prize pool; and
(ii) that are required to be paid or payable as prizes to players of keno games (whether located in Victoria or elsewhere); and
(c) the total of any other amounts of a kind prescribed by the regulations to be TP.
(2) In determining the net keno revenue of a keno entity, any amounts in respect of GST payable by the entity in respect of supplies to which the revenue relates are to be included.
17 Foreign currency transactions
For the purposes of this Part, if a payment to play a keno game is made in a currency other than Australian currency, the amount of the payment is to be converted to Australian currency at the exchange rate published by the Reserve Bank of Australia—
(a) on the day on which the payment is made; or
(b) if the rate is not published on that day, on the last day on which the rate was published before that day.
Division 2—Imposition and rate of tax
18 Imposition and rate of tax
(1) Subject to section 19, tax is imposed on the net keno revenue of a keno entity in respect of a month at the rate of 24·24%.
(2) The keno entity is liable to pay keno tax on the entity's net keno revenue.
19 Rollover of negative net keno revenue to subsequent month
If the net keno revenue of a keno entity in respect of a month is a negative amount, that amount may be applied to reduce the net keno revenue of the keno entity in respect of the next or a subsequent month for the purposes of determining the keno entity's keno tax in respect of that next or subsequent month.
Division 3—Registration and returns
20 Registration of keno entities
(1) Subject to subsection (2), a keno entity that becomes liable for keno tax must apply to the Commissioner, in the form approved by the Commissioner, for registration under this Division before the end of the first month in which the entity becomes liable.
Penalty: 500 penalty units in the case of a body corporate;
100 penalty units in any other case.
Note
Section 130B of the Taxation Administration Act 1997 applies to an offence against this subsection.
(2) A keno entity does not commit an offence against subsection (1) if the entity has a reasonable excuse for not applying for registration.
(3) The Commissioner must register a keno entity that applies under subsection (1).
21 Cancellation of registration by Commissioner
(1) The Commissioner, by written notice to a registered keno entity, may cancel the entity's registration under this Division for any reason the Commissioner thinks sufficient.
(2) A cancellation of registration has effect from the date specified for the purpose by the Commissioner in the notice of cancellation.
22 Cancellation of registration by registered keno entity
(1) A registered keno entity that ceases to incur any liability to pay keno tax and does not expect to incur any such liability in the future must, within 14 days after so ceasing—
(a) give written notice of that fact to the Commissioner; and
(b) unless previously lodged—
(i) lodge a return for the final month in respect of which they are liable to pay keno tax under section 18; and
(ii) pay any keno tax to which the return relates.
(2) The notice cancels the registered keno entity's registration under this Division on the day on which it is received by the Commissioner.
23 Returns and payment of tax
(1) Every keno entity that is registered or required to apply for registration under this Division must, within 30 days after the end of each month—
(a) lodge with the Commissioner a return in respect of the month; and
(b) pay to the Commissioner any keno tax payable under section 18 on net keno revenue in respect of the month.
(2) A keno entity must lodge a return under subsection (1) even if no keno tax is payable in respect of the month.
(3) A return is to be in the form, and contain the information, determined by the Commissioner.
Division 4—General
24 Multi-jurisdictional agreements
(1) The Treasurer may enter into an agreement (a multi-jurisdictional agreement) with one or more other States or one or more Territories, or both, to establish and implement processes for achieving improvements in the assessment and collection of taxes, interest and penalties imposed by the participating jurisdictions on keno operations that are carried on in multiple jurisdictions.
(2) A multi-jurisdictional agreement may—
(a) provide for collection of taxes, interest and penalties by a participating jurisdiction on behalf of other participating jurisdictions and for the distribution of amounts so collected; and
(b) provide for each participating jurisdiction to collect, on behalf of all participating jurisdictions, taxes, interest and penalties payable to those jurisdictions by keno entities whose businesses are based in the collecting jurisdiction; and
(c) provide for participating jurisdictions to undertake audits or investigations in respect of taxes, interest and penalties payable by a keno entity under the law of another participating jurisdiction; and
(d) authorise the performance of functions under this Act or the Taxation Administration Act 1997 by a specified authority of a participating jurisdiction, subject to subsection (4) and any other limitations specified in the agreement; and
(e) authorise the performance of functions under a specified law of another participating jurisdiction by the Commissioner, subject to any law of that jurisdiction and any other limitations specified in the agreement; and
(f) provide for participating jurisdictions to assist each other in making timely and accurate determinations of taxes, interest and penalties payable by sharing information available to them, including the results of audits and investigations and any other information of a kind specified in the agreement; and
(g) provide for any other measures or matters that the participating jurisdictions consider necessary or expedient for achieving improvements in the assessment or collection of taxes, interest and penalties or for implementing processes established by the agreement for that purpose.
(3) A multi-jurisdictional agreement operates for the period, and may be varied or terminated in such a manner, as the participating jurisdictions agree.
(4) A multi-jurisdictional agreement—
(a) must be consistent with this Act and the Taxation Administration Act 1997; and
(b) cannot authorise a participating jurisdiction—
(i) to make a binding determination of the amount of tax, interest or penalties payable by a keno entity under the laws of another participating jurisdiction; or
(ii) to take enforcement action in respect of tax, interest or penalties payable by a keno entity under the laws of another participating jurisdiction.
25 Guidelines for determining location
(1) The Commissioner may from time to time publish guidelines, not inconsistent with this Act or the regulations, for determining the location of a person who plays a keno game conducted by a keno entity.
(2) Guidelines published under subsection (1) are not legislative instruments within the meaning of the Subordinate Legislation Act 1994.
26 Extraterritorial operation
This Part applies in relation to a keno entity that is located outside Victoria.
27 Hospitals and Charities Fund and Mental Health Fund
(1) An amount equal to the amount of keno tax paid into the Consolidated Fund must, in respect of each financial year, be paid out of the Consolidated Fund, in the proportions determined by the Treasurer, into—
(a) the Hospitals and Charities Fund; and
(b) the Mental Health Fund.
(2) The Consolidated Fund is appropriated to the necessary extent for payment to be made under subsection (1).
28 Regulations for keno tax
The regulations may prescribe—
(a) methods for determining the location of persons playing keno games conducted by a keno entity; and
(b) persons or classes of persons that are keno entities; and
(c) amounts to be TA or TP for the purpose of net keno revenue.
Part 4—Taxation of wagering and betting
Division 1—Introduction
29 Definitions for Part 4
(1) In this Part—
ANWR—see section 44(1);
approved betting competition has the meaning given by section 1.3(1) of the Gambling Regulation Act 2003;
approved simulated racing event has the meaning given by section 4.1.2 of the Gambling Regulation Act 2003;
bet means—
(a) a wager or bet—
(i) on a wagering event, an approved betting competition or an approved simulated racing event, or made through a betting exchange, under Chapter 4 of the Gambling Regulation Act 2003; or
(ii) on an event, competition or product, or made through a service, that is permitted under a law of another State or a Territory and that is similar in nature to a wagering event, an approved betting competition, an approved simulated racing event or a betting exchange; or
(b) a wager or bet of a kind prescribed by the regulations;
betting exchange has the meaning given by section 1.3(1) of the Gambling Regulation Act 2003;
business means the business of a wagering and betting entity, whether carried on by one person or 2 or more persons together;
corporation has the same meaning as in section 9 of the Corporations Act;
designated group entity means an entity designated for a group under section 47;
free bet means a bet made wholly or partly without the person making the bet paying any monetary amount for the bet or part of the bet;
Gaming Minister means the Minister administering Part 1 of Chapter 4 of the Gambling Regulation Act 2003;
group means a group constituted under Division 4;
multi-jurisdictional agreement has the meaning given by section 53(1);
net wagering revenue of a wagering and betting entity means—
(a) in respect of bets in relation to which the entity is not operating a totalisator or betting exchange or acting as an agent, the sum of—
(i) the total amount of all bets, including the face value of any free bets, made with the entity by persons who were located in Victoria at the time of making the bets; and
(ii) the total amount of any other amounts of a kind prescribed by the regulations associated with making the bets—
less the sum of—
(iii) the total amount of all winnings paid or payable to the persons making the bets, including net winnings paid in relation to free bets; and
(iv) the total of any other amounts of a kind prescribed by the regulations; and
(b) in respect of bets in relation to which the entity is operating a totalisator or acting as an agent, the sum of—
(i) the total amount of all commission received by the entity for accepting bets made, or providing a service through which bets are made, by persons who were located in Victoria at the time of making the bets or using the service; and
(ii) the total amount of any other amounts of a kind prescribed by the regulations associated with making the bets or using the service; and
(iii) in the case of a totalisator, the total amount retained by the entity as a consequence of the rounding down of fractions in the calculation of dividends in respect of the bets (whether under section 4.6.2(6) of the Gambling Regulation Act 2003 or otherwise)—
less the total of any other amounts of a kind prescribed by the regulations; and
(c) in respect of bets in relation to which the entity is operating a betting exchange, the sum of—
(i) the total amount of all commission received by the entity in relation to bets made through the betting exchange by persons who were located in Victoria at the time the bets were made; and
(ii) the total amount of any other amounts of a kind prescribed by the regulations associated with making the bets—
less the total of any other amounts of a kind prescribed by the regulations;
net winnings, in relation to a free bet, means the winnings payable on the bet minus the face value of the bet;
participating jurisdiction means Victoria and another State or a Territory that enters into a multi-jurisdictional agreement;
Racing Minister means the Minister administering the Racing Act 1958;
registered bookmaker has the meaning given by section 1.3(1) of the Gambling Regulation Act 2003;
registered designated group entity means a designated group entity that is registered under section 48;
registered wagering and betting entity means a wagering and betting entity that is registered under section 36;
tax-free threshold, in respect of a financial year, means $1 000 000;
totalisator has the meaning given by section 1.3(1) of the Gambling Regulation Act 2003;
Victorian racing industry payment means the proportion of wagering and betting tax determined by the Treasurer under section 33(1);
wagering and betting entity means any of the following—
(a) a registered bookmaker;
(b) a wagering and betting licensee;
(c) any other person who is registered or licensed in Victoria to accept bets or provide a service through which bets are made;
(d) a person who is registered or licensed in another State or in a Territory to accept bets or provide a service through which bets are made;
(e) a person, or person of a class, prescribed by the regulations;
wagering and betting licensee has the meaning given by section 1.3(1) of the Gambling Regulation Act 2003;
wagering event has the meaning given by section 1.3(1) of the Gambling Regulation Act 2003.
(2) In determining the net wagering revenue of a wagering and betting entity, including a member of a group, any amounts in respect of GST payable by the entity in respect of supplies to which the revenue relates are to be included.
30 Bets made in foreign currency
For the purposes of this Part, if a bet is made in a currency other than Australian currency, the amount of the bet is to be converted to Australian currency at the exchange rate published by the Reserve Bank of Australia—
(a) on the day on which the bet is made; or
(b) if the rate is not published on that day, on the last day on which the rate was published before that day.
Division 2—Imposition, rate and hypothecation of tax
31 Imposition and rate of tax
(1) Subject to section 32 and Division 4, tax is imposed on the net wagering revenue of a wagering and betting entity—
(a) at the rate of 10% of the amount of net wagering revenue in excess of the tax-free threshold on and after 1 July 2023 and before 1 July 2024; and
(b) at the rate of 15% of the amount of net wagering revenue in excess of the tax-free threshold on and after 1 July 2024.
(2) The wagering and betting entity is liable to pay wagering and betting tax on the entity's net wagering revenue.
Note
Division 4 provides for tax payable by groups.
32 Tax-free threshold where wagering and betting entity leaves a group
(1) This section applies if a wagering and betting entity (the leaving entity) ceases to be a member of a group during a financial year.
Note
See section 46 for the situation where the leaving entity joins or forms another group during the financial year.
(2) Subject to subsection (3), for the purposes of section 31 the leaving entity's tax-free threshold in respect of the remainder of the financial year is reduced by an amount equal to the leaving entity's net wagering revenue during the financial year while the leaving entity was a member of the group.
(3) If the amount of the leaving entity's net wagering revenue referred to in subsection (2) is equal to or exceeds the leaving entity's tax‑free threshold in respect of the financial year but for subsection (2), the tax‑free threshold for the leaving entity in respect of the remainder of the financial year is zero.
Examples
1 A wagering and betting entity ceases to be a member of a group on 1 October 2023. From 1 July to 30 September 2023 the entity's net wagering revenue was $800 000. This amount is reduced from the entity's tax-free threshold in respect of the remainder of the financial year, which would otherwise be $1 000 000, so the entity's tax-free threshold in respect of the remainder of the financial year is $200 000.
2 A wagering and betting entity ceases to be a member of a group on 1 March 2024. From 1 July 2023 to 29 February 2024 the entity's net wagering revenue was $1 500 000. As this amount exceeds what would otherwise be the entity's tax‑free threshold in respect of the financial year ($1 000 000), the entity's tax-free threshold in respect of the remainder of the financial year is zero.
33 Victorian racing industry payment
(1) The Treasurer, by notice published in the Government Gazette, must determine from time to time a proportion of the amount of wagering and betting tax paid or payable to be the Victorian racing industry payment to be paid to an entity specified in the notice that, in the Treasurer's opinion, represents or is connected with the Victorian racing industry.
(2) Before determining the amount of the Victorian racing industry payment, the Treasurer must consult the Gaming Minister and the Racing Minister.
(3) The Victorian racing industry payment must be paid out of the Consolidated Fund (which is appropriated to the necessary extent) each month to the specified entity.
(4) The Victorian racing industry payment or any part of it must not be used by the specified entity or any other entity to provide direct or indirect financial or other support to a wagering and betting entity.
(5) A notice published under subsection (1) is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.
(6) In this section—
specified entity means the entity specified in the notice under subsection (1).
34 ANZAC Day Proceeds Fund
Before the end of each financial year the Treasurer must pay out of the Consolidated Fund (which is appropriated to the necessary extent) into the ANZAC Day Proceeds Fund established under the ANZAC Day Act 1958 an amount equal to one-thirtieth of the amount of wagering and betting tax paid or payable in respect of the month of April in that financial year.
35 Hospitals and Charities Fund
The following amounts must be paid out of the Consolidated Fund (which is appropriated to the necessary extent) into the Hospitals and Charities Fund—
(a) an amount equal to the amount of wagering and betting tax paid or payable in respect of each month other than April less the Victorian racing industry payment for that month;
(b) an amount equal to the amount of wagering and betting tax paid or payable in respect of the month of April less—
(i) the Victorian racing industry payment for that month; and
(ii) the payment into the ANZAC Day Proceeds Fund under section 34 in respect of that month.
Division 3—Registration and returns
36 Registration of wagering and betting entities
(1) Subject to subsection (2) and Division 4, a wagering and betting entity that becomes liable to pay wagering and betting tax must apply to the Commissioner, in the form approved by that Commissioner, for registration under this Division before the end of the first month in which the entity becomes liable.
Penalty: 500 penalty units in the case of a body corporate;
100 penalty units in any other case.
Note
Section 130B of the Taxation Administration Act 1997 applies to an offence against this subsection.
(2) A wagering and betting entity does not commit an offence against subsection (1) if the entity has a reasonable excuse for not applying for registration.
(3) The Commissioner must register a wagering and betting entity that applies under subsection (1).
37 Cancellation of registration by Commissioner
(1) The Commissioner, by written notice to a registered wagering and betting entity, may cancel the entity's registration under this Division for any reason the Commissioner thinks sufficient.
(2) A cancellation of registration has effect from the date specified for the purpose by the Commissioner in the notice of cancellation.
38 Cancellation of registration by registered wagering and betting entity
(1) A registered wagering and betting entity that ceases to incur any liability to pay wagering and betting tax and does not expect to incur any such liability in the future must, within 14 days after so ceasing—
(a) give written notice of that fact to the Commissioner; and
(b) unless previously lodged—
(i) lodge a return for the final month in respect of which they are liable to pay wagering and betting tax under section 31; and
(ii) pay any wagering and betting tax to which the return relates.
(2) The notice cancels the registered wagering and betting entity's registration under this Division on the day on which it is received by the Commissioner.
39 Returns and payment of tax
(1) Subject to Division 4, every wagering and betting entity that is registered or required to apply for registration under this Division must, within 30 days after the end of each month—
(a) lodge with the Commissioner a return in respect of the month; and
(b) pay to the Commissioner any wagering and betting tax payable under section 31 on net wagering revenue in respect of the month.
(2) A wagering and betting entity must lodge a return under subsection (1) even if no wagering and betting tax is payable in respect of the month.
(3) A return is to be in the form, and contain the information, determined by the Commissioner.
Division 4—Grouping provisions
40 Constitution of groups
(1) A group is constituted by all the entities forming a group that is not part of any larger group.
(2) The fact that an entity is not a member of a group constituted under a provision of this Division does not prevent that entity from being a member of a group constituted under another provision of this Division.
41 Groups of corporations
Corporations constitute a group if they are related bodies corporate within the meaning of the Corporations Act.
42 Groups of commonly controlled businesses
(1) If a person or set of persons has a controlling interest in each of 2 businesses, the persons who carry on those businesses constitute a group.
(2) For the purposes of this section, a person or set of persons has a controlling interest in a business if—
(a) in the case of one person—the person is the sole owner (whether or not as trustee) of the business; or
(b) in the case of a set of persons—the persons are together as trustees the sole owners of the business; or
(c) in the case of a business carried on by a corporation—
(i) the person or each of the set of persons is a director of the corporation and the person or set of persons is entitled to exercise more than 50% of the voting power at meetings of the directors of the corporation; or
(ii) a director or set of directors of the corporation that is entitled to exercise more than 50% of the voting power at meetings of the directors of the corporation is under an obligation, whether formal or informal, to act in accordance with the direction, instructions or wishes of that person or set of persons; or
(d) in the case of a business carried on by a corporation that has a share capital—that person or set of persons can, directly or indirectly, exercise, control the exercise of, or substantially influence the exercise of, more than 50% of the voting power attached to the voting shares, or any class of voting shares, issued by the corporation; or
(e) in the case of a business carried on by a partnership—that person or set of persons—
(i) own (whether beneficially or not) more than 50% of the capital of the partnership; or
(ii) is entitled (whether beneficially or not) to more than 50% of the profits of the partnership; or
(f) in the case of a business carried on under a trust—that person or set of persons (whether or not as trustee of, or beneficiary under, another trust) is the beneficiary in respect of more than 50% of the value of the interests in the first‑mentioned trust.
(3) If—
(a) 2 corporations are related bodies corporate within the meaning of the Corporations Act; and
(b) one of the corporations has a controlling interest in a business—
the other corporation has a controlling interest in the business.
(4) If—
(a) a person or set of persons has a controlling interest in a business; and
(b) a person or set of persons who carry on the business has a controlling interest in another business—
the person or set of persons referred to in paragraph (a) has a controlling interest in that other business.
(5) If—
(a) a person or set of persons is the beneficiary of a trust in respect of more than 50% of the value of the interests in the trust; and
(b) the trustee of the trust (whether alone or together with another trustee or trustees) has a controlling interest in the business of another trust—
the person or set of persons has a controlling interest in the business.
(6) A person who may benefit from a discretionary trust as a result of the trustee or another person, or the trustee and another person, exercising or failing to exercise a power or discretion, is taken, for the purposes of this Division, to be a beneficiary in respect of more than 50% of the value of the interests in the trust.
(7) If—
(a) a person or set of persons has a controlling interest in the business of a trust; and
(b) the trustee of the trust (whether alone or together with another trustee or trustees) has a controlling interest in the business of a corporation—
the person or set of persons is taken to have a controlling interest in the business of the corporation.
(8) If—
(a) a person or set of persons has a controlling interest in the business of a trust; and
(b) the trustee of the trust (whether alone or together with another trustee or trustees) has a controlling interest in the business of a partnership—
the person or set of persons is taken to have a controlling interest in the business of the partnership.
43 Smaller groups subsumed by larger groups
(1) If a person is a member of 2 or more groups, the members of all the groups together constitute a group.
(2) If 2 or more members of a group have together a controlling interest in a business (within the meaning of section 42), all the members of the group and the person or persons who carry on the business together constitute a group.
44 Imposition and rate of tax
(1) Subject to section 45, tax is payable on the net wagering revenue of a group in accordance with the following formula—
where—
TR is—
(a) 10% on and after 1 July 2023 and before 1 July 2024;
(b) 15% on and after 1 July 2024;
ANWR is the aggregate amount of the net wagering revenue of the members of the group;
TFT is the tax-free threshold.
(2) Every member of the group, whether or not a wagering and betting entity, is jointly and severally liable to pay wagering and betting tax on the group's net wagering revenue.
45 Supplementary provisions for determining tax for groups—members joining or forming groups during financial year
(1) This section applies if a wagering and betting entity that is not a member of a group (the joining entity) becomes a member of a group during a financial year, whether by joining an existing group or forming a new group with another wagering and betting entity.
Note
See section 46 for the situation where the joining entity was a member of another group during the financial year.
(2) For the purposes of section 44—
(a) any net wagering revenue of the joining entity during that financial year before the joining entity became a member is to be included in the ANWR of the group in the month in which the joining entity becomes a member unless wagering and betting tax was payable by the joining entity on that net wagering revenue under section 31; and
(b) if wagering and betting tax was payable by the joining entity under section 31 as referred to in paragraph (a), the tax-free threshold for the group is zero in respect of the remainder of the financial year, including the month in which the joining entity became a member.
Examples
1 A wagering and betting entity becomes a member of a group on 1 October 2023. From 1 July to 30 September 2023 the joining entity's net wagering revenue was $800 000. As that is below the tax-free threshold for the joining entity in respect of the financial year ($1 000 000), tax is not payable by the joining entity under section 31. However, the amount of $800 000 is to be included in the ANWR of the group for October 2023.
2 A wagering and betting entity becomes a member of a group on 1 March 2024. From 1 July 2023 to 29 February 2024 the joining entity's net wagering revenue was $1 500 000. As that exceeds the tax-free threshold for the joining entity in respect of the financial year ($1 000 000), tax is payable by the joining entity under section 31, and the tax-free threshold for the group in respect of the remainder of the financial year (being March to June 2024) is zero.
3 Wagering and betting entity A and wagering and betting entity B form a group on 1 October 2023. From 1 July 2023 to 30 September 2023 A's net wagering revenue was $800 000 and B's net wagering revenue was $1 500 000. As tax is not payable by A under section 31, the amount of $800 000 is to be included in the ANWR of the group for October 2023. Furthermore, as tax is payable by B under section 31, B's net wagering revenue from July to September 2023 is not included in the ANWR of the group for October 2023 but the tax-free threshold for the group in respect of the remainder of the financial year (being October 2023 to June 2024) is zero.
46 Supplementary provisions for determining tax for groups—members leaving groups and joining other groups during financial year
(1) This section applies if a wagering and betting entity (the transferring entity) ceases to be a member of a group (group A) and becomes a member of another group (group B) during a financial year, whether group B is an existing group or a new group formed by the transferring entity and another wagering and betting entity.
(2) For the purposes of section 44—
(a) if wagering and betting tax was payable by group A during that financial year before the transferring entity ceased to be a member, the tax-free threshold for group B is zero in respect of the remainder of the financial year, including the month in which the transferring entity became a member; and
(b) if all of the members of group B were members of group A before joining or forming group B, any net wagering revenue of each of the transferring entities during that financial year while they were members of group A is to be included in the ANWR of group B in the month in which the transferring entities became members of group B unless wagering and betting tax was payable by group A on that net wagering revenue under section 44.
47 Designated group entities
(1) The members of a group may, with the approval of the Commissioner, designate a qualified member of the group to be the designated group entity for the group for the purposes of this Division.
(2) A member of a group is a qualified member if—
(a) the member's net wagering revenue in the previous financial year exceeded the tax-free threshold; or
(b) the member's likely net wagering revenue in the current financial year is likely to exceed the tax-free threshold.
(3) If none of the members of a group is a qualified member but—
(a) the aggregate of the members' net wagering revenue in the previous financial year exceeded the tax-free threshold; or
(b) in the opinion of the Commissioner, the aggregate of the members' likely net wagering revenue in the current financial year is likely to exceed the tax-free threshold—
the members may, with the approval of the Commissioner, designate any member of the group to be the designated group entity for the group for the purposes of this Division.
(4) The Commissioner must designate a member of a group as the designated group entity for the group if the members of the group do not designate a member under subsection (1) or (3) within 30 days after the end of the month in which the group is established.
(5) The designated group entity of a group stops being the designated group entity from and including the earlier of the following days—
(a) the first day of the month following the month in which there is a change in the membership of the group;
(b) the first day of the month following the month in which the members of the group revoke the designation.
(6) The designation of a designated group entity under subsection (1) or (3) must be by written notice.
(7) Such a notice—
(a) must be executed by or on behalf of each member of the group; and
(b) must be served on the Commissioner.
48 Registration of designated group entity
(1) Subject to subsection (2), the designated group entity of a group must apply to the Commissioner, in the form approved by the Commissioner, before the end of the first month in which the members of the group become liable to pay tax under section 44, for registration under this Division.
Penalty: 500 penalty units in the case of a body corporate;
100 penalty units in any other case.
Note
Section 130B of the Taxation Administration Act 1997 applies to an offence against this subsection.
(2) A designated group entity does not commit an offence against subsection (1) if the entity has a reasonable excuse for not applying for registration.
(3) The Commissioner must register a designated group entity that applies under subsection (1).
49 Cancellation of registration by Commissioner
(1) The Commissioner, by written notice to a registered designated group entity, may cancel the entity's registration under this Division for any reason the Commissioner thinks sufficient.
(2) A cancellation of registration has effect from the date specified for the purpose by the Commissioner in the notice of cancellation.
50 Cancellation of registration by registered designated group entity
(1) If the members of a group cease to incur any liability to pay wagering and betting tax under section 44 and do not expect to incur any such liability in the future, the registered designated group entity must, within 14 days after so ceasing—
(a) give written notice of that fact to the Commissioner; and
(b) unless previously lodged—
(i) lodge a group return for the final month in respect of which the members of the group are liable to pay wagering and betting tax under section 44; and
(ii) pay any wagering and betting tax to which the group return relates.
(2) The notice cancels the registered designated group entity's registration under this Division on the day on which it is received by the Commissioner.
51 Group returns and payment of tax
(1) Every designated group entity that is registered or required to apply for registration under this Division must, within 30 days after the end of each month—
(a) lodge with the Commissioner a group return in respect of the month; and
(b) pay to the Commissioner any wagering and betting tax payable under section 44 on the group's net wagering revenue in respect of the month.
(2) A designated group entity must lodge a group return under subsection (1) even if no wagering and betting tax is payable in respect of the month.
(3) A group return is to be in the form, and contain the information, determined by the Commissioner.
52 Supplementary provisions for joint and several liability of group members
(1) Each member of a group who is jointly and severally liable to pay wagering and betting tax under section 44 is also jointly and severally liable to pay—
(a) any amount payable to the Commissioner under this or any other Act in relation to that tax, including any interest and penalty tax; and
(b) any costs and expenses incurred in relation to the recovery of that tax that the Commissioner is entitled to recover from any such member.
(2) A member of a group who pays an amount in accordance with the liability imposed by this Division has such rights of contribution or indemnity from the other member or members as is just.
Division 5—General
53 Multi-jurisdictional agreements
(1) The Treasurer may enter into an agreement (a multi-jurisdictional agreement) with one or more other States or one or more Territories, or both, to establish and implement processes for achieving improvements in the assessment and collection of taxes, interest and penalties imposed by the participating jurisdictions on wagering and betting operations that are carried on in multiple jurisdictions.
(2) A multi-jurisdictional agreement may—
(a) provide for collection of taxes, interest and penalties by a participating jurisdiction on behalf of other participating jurisdictions and for the distribution of amounts so collected; and
(b) provide for each participating jurisdiction to collect, on behalf of all participating jurisdictions, taxes, interest and penalties payable to those jurisdictions by wagering and betting entities whose businesses are based in the collecting jurisdiction; and
(c) provide for participating jurisdictions to undertake audits or investigations in respect of taxes, interest and penalties payable by a wagering and betting entity under the law of another participating jurisdiction; and
(d) authorise the performance of functions under this Act or the Taxation Administration Act 1997 by a specified authority of a participating jurisdiction, subject to subsection (4) and any other limitations specified in the agreement; and
(e) authorise the performance of functions under a specified law of another participating jurisdiction by the Commissioner, subject to any law of that jurisdiction and any other limitations specified in the agreement; and
(f) provide for participating jurisdictions to assist each other in making timely and accurate determinations of taxes, interest and penalties payable by sharing information available to them, including the results of audits and investigations and any other information of a kind specified in the agreement; and
(g) provide for any other measures or matters that the participating jurisdictions consider necessary or expedient for achieving improvements in the assessment or collection of taxes, interest and penalties or for implementing processes established by the agreement for that purpose.
(3) A multi-jurisdictional agreement operates for the period, and may be varied or terminated in such a manner, as the participating jurisdictions agree.
(4) A multi-jurisdictional agreement—
(a) must be consistent with this Act and the Taxation Administration Act 1997; and
(b) cannot authorise a participating jurisdiction—
(i) to make a binding determination of the amount of tax, interest or penalties payable by a wagering and betting entity under the laws of another participating jurisdiction; or
(ii) to take enforcement action in respect of tax, interest or penalties payable by a wagering and betting entity under the laws of another participating jurisdiction.
54 Guidelines for determining location
(1) The Commissioner may from time to time publish guidelines, not inconsistent with this Act or the regulations, for determining the location of a person who makes a bet with, or through a service provided by, a wagering and betting entity.
(2) Guidelines published under subsection (1) are not legislative instruments within the meaning of the Subordinate Legislation Act 1994.
55 Extraterritorial operation
This Part applies in relation to a wagering and betting entity, including a designated group entity, that is located outside Victoria.
56 Regulations for wagering and betting tax
The regulations may prescribe—
(a) kinds of wagering and betting that are bets; and
(b) amounts associated with the making of bets that are to be included in net wagering revenue; and
(c) amounts associated with the making of bets that are not to be included in net wagering revenue; and
(d) methods for determining the location of persons making bets with, or through a service provided by, a wagering and betting entity; and
(e) persons or classes of persons that are wagering and betting entities.
Part 5—General and transitional
Division 1—General
57 Regulations
(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2) Regulations made under this Act—
(a) may be of general or specially limited application; and
(b) may differ according to differences in time, place or circumstances; and
(c) may impose penalties not exceeding 20 penalty units for a contravention of the regulations.
Division 2—Transitional provisions
58 Transitional provisions in Schedule 2
Schedule 2 has effect.
Pt 6 (Headings and ss 59–80) repealed by No. 14/2023 s. 80.
Schedule 1—Amount of additional casino tax on gross gaming revenue
Section 10
Table
Column 1
Column 2
Amount by which gross gaming revenue in a financial year exceeds the base amount for that year
Amount of additional casino tax
Not exceeding $20 million
1% of the amount exceeding the base amount
Exceeding $20 million but not exceeding $40 million
$200 000 + 2% of the amount exceeding $20 million
Exceeding $40 million but not exceeding $60 million
$600 000 + 3% of the amount exceeding $40 million
Exceeding $60 million but not exceeding $80 million
$1 200 000 + 4% of the amount exceeding $60 million
Exceeding $80 million but not exceeding $100 million
$2 000 000 + 5% of the amount exceeding $80 million
Exceeding $100 million but not exceeding $120 million
$3 000 000 + 6% of the amount exceeding $100 million
Exceeding $120 million but not exceeding $140 million
$4 200 000 + 7% of the amount exceeding $120 million
Exceeding $140 million but not exceeding $160 million
$5 600 000 + 8% of the amount exceeding $140 million
Exceeding $160 million but not exceeding $180 million
$7 200 000 + 9% of the amount exceeding $160 million
Exceeding $180 million but not exceeding $200 million
$9 000 000 + 10% of the amount exceeding $180 million
Exceeding $200 million but not exceeding $220 million
$11 000 000 + 11% of the amount exceeding $200 million
Exceeding $220 million but not exceeding $240 million
$13 200 000 + 12% of the amount exceeding $220 million
Exceeding $240 million but not exceeding $260 million
$15 600 000 + 13% of the amount exceeding $240 million
Exceeding $260 million but not exceeding $280 million
$18 200 000 + 14% of the amount exceeding $260 million
Exceeding $280 million but not exceeding $300 million
$21 000 000 + 15% of the amount exceeding $280 million
Exceeding $300 million but not exceeding $320 million
$24 000 000 + 16% of the amount exceeding $300 million
Exceeding $320 million but not exceeding $340 million
$27 200 000 + 17% of the amount exceeding $320 million
Exceeding $340 million but not exceeding $360 million
$30 600 000 + 18% of the amount exceeding $340 million
Exceeding $360 million but not exceeding $380 million
$34 200 000 + 19% of the amount exceeding $360 million
Exceeding $380 million
$38 000 000 + 20% of the amount exceeding $380 million
Example
If the gross gaming revenue in a financial year is $2250 million and the base amount for that financial year is $2000 million, the amount exceeding the base amount is $250 million, and so the additional casino tax under section 10 for the financial year is $15 600 000 + 13% of $10 million ($250 million $240 million) = $16 900 000.
Schedule 2—Transitional provisions
Section 58
1 Casino taxation
(1) This Act applies to casino tax, community benefit levy and additional casino tax on a casino operator's gaming revenue attributable to gaming machines, gaming revenue attributable to table games, total gaming revenue or gross gaming revenue (as the case requires) in respect of any period on and after 1 July 2023.
Note
See section 23 of the Casino (Management Agreement) Act 1993 in relation to periods before 1 July 2023.
(2) For the purposes of calculating the casino tax of the Melbourne Casino Operator for July 2023 under this Act—
(a) if no casino tax (within the meaning of the Agreement) is payable for June 2023 under the Agreement because Gaming Revenue is less than zero, the State Tax credit for that month is to be applied under section 8(6)(a) to the Operator's total casino tax for July 2023; and
(b) if the casino tax (within the meaning of the Agreement) for June 2023 under the Agreement is less than the State Tax credit for that month, the excess amount of the State Tax credit is to be applied under section 8(6)(b) to the Operator's total casino tax for July 2023; and
(c) if the Commission Based Players' Gaming Revenue for June 2023 under the Agreement is less than zero, the negative amount is to be applied under section 12 to reduce the Operator's total commission based players gaming revenue for July 2023.
(3) In this clause—
Commission Based Players' Gaming Revenue has the same meaning as in the Agreement;
Gaming Revenue has the same meaning as in the Agreement;
Melbourne Casino Operator has the meaning given by section 4 of the Casino (Management Agreement) Act 1993;
State Tax credit has the same meaning as in the Agreement;
the Agreement has the meaning given by section 4 of the Casino (Management Agreement) Act 1993.
2 Taxation of keno
(1) This Act applies to keno tax on the net keno revenue of a keno entity in respect of any period on and after 1 July 2023.
Note
See clause 40.2 of Schedule 7 to the Gambling Regulation Act 2003 in relation to periods before 1 July 2023.
(2) Section 19 applies on and after 1 July 2023 in relation to any negative amount of net keno revenue in respect of a month before that day that has not been applied to reduce net keno revenue in the next or a subsequent month under section 6A.4A.6 of the Gambling Regulation Act 2003.
(3) A keno entity that, immediately before 1 July 2023, was registered under section 6A.4A.7 of the Gambling Regulation Act 2003 is taken, on and after that day, to be registered under section 20.
3 Taxation of wagering and betting
(1) This Act applies to wagering and betting tax on the net wagering revenue of a wagering and betting entity in respect of any period on and after 1 July 2023.
Note
See clause 40.1 of Schedule 7 to the Gambling Regulation Act 2003 in relation to periods before 1 July 2023.
(2) A notice that was in effect under section 4.6A.5(1) of the Gambling Regulation Act 2003 immediately before 1 July 2023 continues in effect on and after that day as if it were a notice under section 33(1).
(3) A wagering and betting entity that, immediately before 1 July 2023, was registered under section 4.6A.7 of the Gambling Regulation Act 2003 is taken, on and after that day, to be registered under section 36.
(4) A designation of an entity that was in effect under section 4.6A.17(1) or (3) of the Gambling Regulation Act 2003 immediately before 1 July 2023 continues in effect on and after that day as if it were a designation under section 47(1) or (3), as the case requires.
(5) An entity that, immediately before 1 July 2023, was registered as a designated group entity under section 4.6A.18 of the Gambling Regulation Act 2003 is taken, on and after that day, to be a designated group entity registered under section 48.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 3 May 2023
Legislative Council: 30 May 2023
The long title for the Bill for this Act was "A Bill for an Act to consolidate and amend various gambling taxes, to make consequential amendments to the Casino Control Act 1991, the Casino (Management Agreement) Act 1993, the Gambling Regulation Act 2003 and the Taxation Administration Act 1997 and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 3 May 2023
Legislative Council: 30 May 2023
Absolute majorities:
Legislative Assembly: 18 May 2023
Legislative Council: 30 May 2023
The Gambling Taxation Act 2023 was assented to on 6 June 2023 and came into operation on 1 July 2023: section 2.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Gambling Taxation Act 2023 by Acts and subordinate instruments.