Queensland Numbered Acts

BETTING TAX ACT 2018 - SECT 51

51 Exemption from lodgement requirement—betting operators conducting on-course bookmaking

(1) This section applies if—

(a) the betting operator’s primary betting operations are on-course bookmaking; and

(b) the betting operator has not previously given the commissioner a notice under subsection (4) .

(2) The betting operator is exempt from the requirement to lodge monthly returns under section 50 .

(3) However, the exemption does not exempt the betting operator from the obligation to pay betting tax, even though it may have the effect of postponing the time for payment of betting tax.

(4) Despite subsection (2) , the betting operator may, by notice given to the commissioner, relinquish the betting operator’s exemption under subsection (2) if, on the day the notice is given—

(a) the taxable wagering revenue of the betting operator for the previous relevant period is more than the annual threshold amount; or

(b) the betting operator expects the taxable wagering revenue of the betting operator for the financial year in which the notice is given to be more than the annual threshold amount.

(5) If the betting operator gives a notice under subsection (4) —

(a) section 50 is taken to apply to the betting operator for the month (the
"relevant month" ) immediately after the month in which the notice is given and for each succeeding month; and

Example—

The betting operator gives a notice under subsection (4) on 7 March 2019. Section 50 applies to the betting operator for April 2019 and for each succeeding month. The betting operator must lodge a monthly return for April 2019 by 21 May 2019.

(b) for sections 32 and 33, the relevant month is taken to be the qualifying month of the financial year for the betting operator.

(6) However, subsection (5) (b) does not apply if the taxable wagering revenue of the betting operator for the period starting on 1 July in the financial year in which the notice is given and ending on the last day of the relevant month is equal to or less than the annual threshold amount.

(7) Subsections (4) and (5) do not limit section 52 .

(8) In this section—

"on-course bookmaking" means the business of receiving, paying, negotiating or settling bets for thoroughbred, harness or greyhound racing, at a venue at which the racing is conducted, under a licence or other authority under a law of this State or another State.

Example—

bookmaking conducted under a racing bookmaker’s licence under the Racing Integrity Act 2016 at a licensed venue within the meaning of that Act

"previous relevant period" , in relation to a notice given under subsection (4) , means the period—

(a) starting on 1 July in the financial year in which the notice is given; and

(b) ending on the last day of the month immediately before the month in which the notice is given.