Betting Tax Act 2018

This Act may be cited as the Betting Tax Act 2018.

This Act commences on 1 October 2018.

This Act applies both within and outside Queensland.

This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.

This Act does not contain all the provisions about betting tax.

The Taxation Administration Act 2001 contains provisions dealing with, among other things, the following—

assessments of tax;

payments and refunds of tax;

imposition of interest and penalty tax;

objections and appeals against, or reviews of, assessments of tax;

record keeping obligations of taxpayers;

investigative powers, offences, legal proceedings and evidentiary matters;

service of documents.

Note—

Under the Taxation Administration Act 2001, section 3, that Act and this Act must be read together as if they together formed a single Act.

The dictionary in schedule 1 defines particular words used in this Act.

A bet includes—

a free bet; and

a lay-off bet; and

a wager.

However, a bet does not include—

a game conducted under a gaming Act; or

a relevant interstate game; or

another game, similar to a game mentioned in paragraph (a) or (b), that is prescribed by regulation.

In this section—

gaming Act means any of the following Acts—

the Casino Control Act 1982;

the Charitable and Non-Profit Gaming Act 1999;

the Gaming Machine Act 1991;

the Keno Act 1996;

the Lotteries Act 1997.

relevant interstate game means any of the following games conducted by a person under a licence or other authority under a law of another State or the Commonwealth—

a lottery or the supply of lottery tickets;

a game commonly known as keno;

a game commonly known as bingo, a Calcutta sweep, lucky envelopes, two-up or an art union;

a promotional game or trade promotion lottery.

A free bet is a bet made wholly or partly using an amount (a free component) that—

is provided to the person making the bet by the betting operator with whom the bet is made; and

Examples of an amount for paragraph (a)—

• an amount provided for making a bet

• an amount representing a bonus on a previous winning bet

• an amount representing a refund of all or part of the staked amount for a previous non-winning bet

is not immediately redeemable by the person for cash.

A lay-off bet is 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.

A bet is a betting exchange bet to the extent it is made using a betting exchange.

A bet is a general bet to the extent it is made other than using a betting exchange or a totalisator.

A bet is a totalisator bet to the extent it is made using a totalisator.

A betting operator is a person who—

is authorised, under a licence or other authority under a law of this State, another State or the Commonwealth, to conduct betting operations from a place in Australia; or

under a law of this State, another State or the Commonwealth, is exempt from the authorisation requirements that would otherwise apply for conducting betting operations from a place in Australia.