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GAMBLING REGULATION ACT 2003 - SECT 3.6.9

Community benefit statements

S. 3.6.9(1) amended by No. 104/2004 s. 8(a).

    (1)     In respect of each financial year, each venue operator who received gaming revenue in that year must prepare and lodge with the Commission a community benefit statement in respect of each approved venue of the venue operator in accordance with this section regarding the application of gaming revenue in the financial year to community purposes.

Penalty:     60 penalty units.

S. 3.6.9(1A) inserted by No. 39/2007 s. 12(5).

    (1A)     Subsection (1) does not apply to an approved venue in respect of which a pub licence is in force.

    (2)     A community benefit statement—

S. 3.6.9(2)(a) amended by No. 104/2004 s. 8(b).

        (a)     must be in a form approved by the Commission; and

        (b)     must state whether the total of—

              (i)     the percentage (if any) of gaming revenue applied by the venue operator in the financial year to community purposes; and

              (ii)     the value of any non-financial contribution to community purposes (for example, voluntary work) by or on behalf of the venue operator in the financial year, expressed as a percentage of the venue operator's gaming revenue in the financial year; and

S. 3.6.9 (2)(b)(iii) amended by Nos 39/2007 s. 12(6)(a), 28/2022 s. 54.

              (iii)     any amount payable by the venue operator in the financial year under a declaration made by the Commission under section 3.6.8(4A), expressed as a percentage of the venue operator's gaming revenue in the financial year—

is less than, equal to or greater than the required community benefit contribution;

        (c)     must be audited; and

        (d)     must be lodged on or before 30 September next following the financial year to which it relates.

S. 3.6.9(3) substituted by No. 72/2007 s. 16.

    (3)     The Minister, by order published in the Government Gazette, may from time to time—

        (a)     determine the kind of activities or purposes that constitute community purposes;

        (b)     determine the kind of activities or purposes that do not constitute community purposes;

        (c)     specify the maximum amount of gaming revenue (if any) that can be claimed by the venue operator in respect of each community purpose determined under paragraph (a).

S. 3.6.9(3A) inserted by No. 72/2007 s. 16.

    (3A)     For the purposes of subsection (3)(c), the Minister may determine the maximum amount of gaming revenue that can be claimed by the venue operator in respect of each community purpose by specifying—

        (a)     a percentage amount; or

        (b)     a dollar amount; or

        (c)     any other method that specifies the maximum amount that can be claimed by a venue operator.

    (4)     The Minister must give notice of an order under subsection (3) to each venue operator.

    (5)     An order under subsection (3) takes effect in the financial year next following the financial year in which it is published.

    (6)     The Commission must publish on the Internet each statement lodged with it under this section.

S. 3.6.9(7) amended by No. 104/2004 s. 8(c).

    (7)     In determining the percentage of gaming revenue applied by a venue operator to community purposes, any amounts in respect of GST payable by the venue operator in respect of supplies for community purposes are not to be taken into account.

S. 3.6.9A inserted by No. 72/2007 s. 17.



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