Betting Operations Tax Act 2018

This Act is the Betting Operations Tax Act 2018.

Note This Act is a tax law under the Taxation Administration Act 1999. As a tax law, this Act is subject to provisions of the Taxation Administration Act 1999 about the administration and enforcement of tax laws generally.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘commissioner—see the Taxation Administration Act 1999, dictionary.’ means that the term ‘commissioner’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Betting operations tax

For this Act, a bet is an ACT bet if the bet is placed with a betting operator by a person located in the ACT when the bet is placed.

For subsection (1), a person is taken to be located in the ACT when a bet is placed if—

the person is present in the ACT when the bet is placed; or

if the betting operator does not know the person’s location when the bet is placed and the person is required to register an address with the operator before placing a bet with the operator—the person’s registered address is located in the ACT.

In this Act:

net ACT betting revenue, for a financial year, is worked out as follows:

PC means the total of any—

refunds of ACT bets made by the betting operator during the financial year; and

prescribed costs paid by the betting operator during the financial year.

TB means the total amount of all ACT bets placed with, or using a service provided by, the betting operator during the financial year.

TF means the total of any fees, commissions, or other amounts prescribed by regulation, associated with placing bets or using the service, paid to the betting operator during the financial year.

W means the total amount of all winnings paid or payable by the betting operator in relation to ACT bets during the financial year.

In this Act:

threshold amount means—

$150 000; or

if another amount is determined under subsection (2)—that amount.

The Treasurer may determine a threshold amount for subsection (1).

A determination under subsection (2) is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

If all or part of a bet is placed other than in cash, the amount of the bet includes the monetary value of the non-cash component of the bet.

Examples—non-cash component that may comprise all or part of a bet

1 the amount or value of a debt to the extent it is released or extinguished by the bet

2 the amount of any liability assumed under the bet, including an obligation to pay any unpaid money

3 digital currency within the meaning of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cwlth)

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

A betting operator is liable to pay tax (a betting operations tax) on the operator’s net ACT betting revenue for a financial year.

The amount of betting operations tax payable by the betting operator is—

if the operator’s net ACT betting revenue for the financial year is less than the threshold amount—nil; or

if the operator’s net ACT betting revenue for the financial year is the threshold amount or more—at the determined rate of the amount by which the net ACT betting revenue exceeds the threshold amount.

In this section:

determined rate means—

15%; or

if another rate is determined under the Taxation Administration Act 1999, section 139—that rate.

This section applies to a person if the person—

is a betting operator; and

is liable to pay betting operations tax for a financial year under section 10; and

is not registered as an operator under this section.

The person must apply to the commissioner for registration as a betting operator.

The application must be made within 7 days after the end of the month in which the person first becomes liable to pay betting operations tax for the financial year.

The commissioner must register the applicant as a betting operator.

The commissioner may cancel the registration of a betting operator if satisfied that the operator’s liability to pay betting operations tax under section 10 has ended.

A betting operator commits an offence if the operator—

becomes liable to pay betting operations tax for a financial year under section 10; and

is not registered under this section; and

does not apply to be registered under this section within 7 days after the end of the month in which the operator first became liable to pay the betting operations tax for the financial year.

Maximum penalty: 250 penalty units.

This section applies to a betting operator if the operator’s net ACT betting revenue for a financial year has exceeded the threshold amount.

The betting operator must, after the end of the month in a financial year in which the operator’s net ACT betting revenue for that financial year first exceeds the threshold amount (the first month)—

lodge with the commissioner a return (a betting operations return); and

pay to the commissioner the amount of betting operations tax payable by the operator under section 10 (2) (b).

Also, the betting operator must, after the end of each month or other return period agreed by variation notice under section 14 following the first month (the subsequent return period)—

lodge with the commissioner a betting operations return; and

pay to the commissioner any betting operations tax payable for the subsequent return period.

For subsection (3) (b), the amount of betting operations tax payable for a subsequent return period is—

if there is a net loss in the betting operator’s net ACT betting revenue in the subsequent return period—nil; or

if there is a net gain in the betting operator’s net ACT betting revenue in the subsequent return period—the amount calculated in accordance with section 10 (2) (b) less any amount already paid to the commissioner for the financial year.

Unless varied by the commissioner under section 14, the time period within which the betting operator must lodge a betting operations return and pay any betting operations tax is—

for the end of a financial year—21 days after the end of the financial year; or

for any other return period—7 days after the end of the return period.

A betting operations return must—

be lodged in a way required by the commissioner; and

include the following information:

the betting operator’s name, address, telephone number and email address;

net ACT betting revenue for the return period;

total net ACT betting revenue for the financial year;

the following details in relation to the net ACT betting revenue for the return period:

the total amount of all ACT bets placed with, or using a service provided by, the betting operator;

the total of any fees, commissions, or other amounts prescribed by regulation, associated with placing bets or using the service, paid to the betting operator;

the total amount of all winnings paid or payable by the betting operator in relation to ACT bets.