South Australian Numbered Acts South Australian Numbered Acts35—Substitution of section 40B
Section 40B—delete the section and substitute:
Part 3B—Taxation
Division 1—Preliminary
40B—Interpretation
In this Part—
"betting operations tax"—see section 40D(1)
;
"betting operator" means—
(a) an authorised betting operator; and
(b) any person who earns revenue as a result of accepting bets from, or providing a service through which bets are made by, persons who were located in South Australia at the time of making the bet or using the service (not being a person who is licensed or authorised to accept such bets, or provide such a service, under a law of the State);
"multi-jurisdictional agreement"—see section 40F(1)
;
"net State wagering revenue"—the net State wagering revenue of a betting operator for a financial year is the sum of—
(a) the total amount of all bets made with, or using a service provided by, the betting operator during the financial year by persons who were located in South Australia at the time of making the bet or using the service; and
(b) the total of any fees, commission or other amounts of a kind prescribed by the regulations (in relation to betting operators generally or in relation to particular betting operators or classes of betting operators) associated with making the bets or using the service,
less—
(c) the total amount of all winnings paid or payable in respect of those bets; and
(d) the total of any other amounts of a kind prescribed by the regulations (in relation to betting operators generally or in relation to particular betting operators or classes of betting operators);
"participating jurisdiction" means South Australia and any other Australian jurisdiction that enters, through the agency of a Minister of the Crown, into a multi-jurisdictional agreement.
Division 2—Betting operations tax
40C—Taxation Administration Act
Subject to any regulations made under section 40H(1)(f)
, this Part must be read together with the Taxation Administration Act 1996
which makes provision for the administration and enforcement of this Part and other taxation laws.
40D—Liability to pay tax
(1) A betting operator is liable to pay tax ("betting operations tax") to the Commissioner of State Taxation on the operator's net State wagering revenue for a financial year.
(2) Betting operations tax is payable in respect of a financial year as follows:
(a) if the net State wagering revenue for the financial year is less than $150 000—no tax is payable;
(b) if the net State wagering revenue for the financial year is $150 000 or more—tax is payable at the rate of 15% of the amount of net State wagering revenue in excess of $150 000.
40E—Payments to Fund
(1) Subject to this section, the Commissioner of State Taxation must pay, out of the taxation revenue collected under this Division during each financial year, an amount of $500 000 into the Gamblers Rehabilitation Fund established under the Gaming Machines Act 1992
(the "Fund").
(2) The amount required to be paid into the Fund in respect of taxation revenue collected during a particular financial year is, on or after 1 January 2018, to be adjusted on 1 January of each year by multiplying the amount that would be required to be paid in accordance with subsection (1)
by a proportion obtained by dividing the CPI for the September quarter of the immediately preceding year by the CPI for the September quarter, 2016, on the basis that the quotient used for the purposes of the adjustment will be calculated to 2 decimal places and that the amount obtained from the adjustment will be rounded to the nearest dollar.
(3) Regulations made under section 40H(1)(i)
may require the Commissioner of State Taxation to pay amounts into the Fund in addition to the amounts required under this section.
(4) If in any financial year the revenue collected under this Division is insufficient to make the payment required by this section, the Commissioner of State Taxation is relieved of the obligation to make the payment under this section to the extent of the insufficiency.
(5) Amounts paid into the Fund under this section may be applied and dealt with as if they had been paid into the Fund under the Gaming Machines Act 1992
.
(6) In this section—
"CPI" means the Consumer Price Index (All groups index for Adelaide) published by the Australian Bureau of Statistics.
Division 3—Multi-jurisdictional agreements
40F—Treasurer may enter into agreements
(1) The Treasurer may enter into an agreement (a "multi-jurisdictional agreement") with 1 or more other Australian jurisdictions to establish and implement processes for achieving improvements in the assessment and collection of taxes, interest and penalties imposed by the participating jurisdictions on betting operations that are carried on in multiple jurisdictions.
(2) A multi-jurisdictional agreement may, for example—
(a) provide for collection of relevant taxes, interest and penalties by a participating jurisdiction on behalf of other participating jurisdictions and for the distribution of monies so collected;
(b) provide for each participating jurisdiction to collect, on behalf of all jurisdictions, taxes, interest and penalties payable to those jurisdictions by operators whose businesses are based in the collecting jurisdiction;
(c) provide for a participating jurisdiction to undertake audits or investigations in respect of taxes, interest and penalties payable by a betting operator under the law of another participating jurisdiction;
(d) authorise the performance or exercise of any functions or powers under this Act or the Taxation Administration Act 1996
by a specified authority of a participating jurisdiction (subject to subsection (4)
and any other limitations specified in the agreement);
(e) authorise the performance or exercise of any functions or powers under a specified law of another participating jurisdiction by the Commissioner of State Taxation (subject to any law of that jurisdiction and any limitations specified in the agreement);
(f) provide for participating jurisdictions to assist each other in making timely and accurate determinations of relevant 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 by the agreement);
(g) make provision for any other measures or matters that the parties consider necessary or expedient for achieving improvements in the assessment or collection of relevant taxes, interest and penalties or for implementing the processes established by the agreement for that purpose.
(3) A multi-jurisdictional agreement will operate for such period, and be able to be varied or terminated in such a manner, as the participating jurisdictions agree.
(4) A multi-jurisdictional agreement—
(a) must be consistent with the provisions of this Act and the Taxation Administration Act 1996
(subject to any modifications prescribed by regulations made under section 40H(1)(f)
); and
(b) cannot authorise a participating jurisdiction—
(i) to make a binding determination of the amount of tax, interest or penalties payable by a betting operator under the laws of another participating jurisdiction; or
(ii) to take enforcement action in respect of tax, interest or penalties payable by a betting operator under the laws of another participating jurisdiction.
40G—Commissioner of State Taxation must implement agreements
The Commissioner of State Taxation must take such action as is necessary or expedient for giving effect to a multi-jurisdictional agreement.
Division 4—Regulations
40H—Regulations
(1) Regulations made for the purposes of this Part may—
(a) provide for the payment of betting operations tax (including for payment of the tax by instalments payable after or during the financial year to which the tax instalments relate); and
(b) impose requirements in relation to record keeping and the preparation and lodgement of returns; and
(c) prescribe the form of any record or return; and
(d) prescribe consequences for failure to lodge a return or other document required to be provided under the regulations (or for failure to lodge such a return or document at the required time) including requiring the payment of interest or a monetary penalty or prohibiting the conduct of betting operations, or specified betting operations, until the failure is rectified; and
(e) make any provision that is necessary or expedient for giving effect to a multi-jurisdictional agreement; and
(f) modify the application of the Taxation Administration Act 1996
in relation to this Part or any matter that is, or may be, provided for under a multi-jurisdictional agreement; and
(g) prescribe exceptions to and exemptions from liability to betting operations tax; and
(h) prescribe circumstances in which there is an entitlement to a refund of betting operations tax paid; and
(i) provide for revenue collected under this Part, or any portion of such revenue, to be paid into a specified fund or funds and applied for prescribed purposes or in a prescribed manner; and
(j) make any provision to regulate such a fund.
(2) Regulations made for the purposes of this Part may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Authority, the Commissioner or the Commissioner of State Taxation.
(3) A regulation providing for any revenue collected under this Part to be paid into a specified fund or funds and applied for prescribed purposes or in a prescribed manner is sufficient authority for the making of such payments without further appropriation.
(4) This section has effect in addition to section 91.