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This is a Bill, not an Act. For current law, see the Acts databases.


GAMING MACHINES (GAMING TAX) AMENDMENT BILL 2002

[BIL055-B.HAL]

House of AssemblyNo. 36

[As laid on the table and read a first time, 11 July 2002]

South Australia

[Prepared by the Parliamentary Counsel]

GAMING MACHINES (GAMING TAX) AMENDMENT BILL 2002

A Bill For

An Act to amend the Gaming Machines Act 1992.

[OPC-131]


SUMMARY OF PROVISIONS

1.Short title

2.Substitution of s. 72

72.Interpretation

3.Amendment of s. 72A—Gaming tax


The Parliament of South Australia enacts as follows:

Short title

1. (1) This Act may be cited as the Gaming Machines (Gaming Tax) Amendment Act 2002.

(2) The Gaming Machines Act 1992 is referred to in this Act as "the principal Act".

Substitution of s. 72

2. Section 72 of the principal Act is repealed and the following section is substituted:

Interpretation

72. In this Part—

"net gambling revenue" or "NGR", in relation to the holder of a gaming machine licence and a financial year, means the total amount of all bets made on the gaming machines on the licensed premises during the year less the total amount of all prizes won on the machines during the year;

"non-profit business" means a business carried out under a gaming machine licence held by or on behalf of a body corporate or association, where the Minister is satisfied that the profits of the business cannot be returned to the members or shareholders of the body corporate or association;

"prescribed gaming tax"—

(a)in respect of the 2002/2003 financial year, means—

(i)in the case of a non-profit business—the amount of tax calculated in accordance with Part 1 of the following table, as adjusted, for the 6 months from 1 January 2003 until 30 June 2003 ("the second 6 months"), by subtracting or adding (as the case requires) the adjustment amount in accordance with Part 2 of the table:

Part 1

Tax Threshold

Tax

For NGR of $399 000 or less for the financial year.

20.91% of the NGR

For NGR of more than $399 000 but equal to or less than $945 000 for the financial year.................

$83 430.90 plus 25.91% of the excess NGR over $399 000

For NGR of more than $945 000 for the financial year ....................................................................

$224 899.50 plus 30.91% of the excess NGR over $945 000


Part 2

Adjustment Threshold

Adjustment

For NGR of $37 500 or less for the second 6 months ............................................................

subtract 20.91% of the NGR

For NGR of more than $37 500 but equal to or less than $199 500 for the second 6 months...........

subtract $7 841.25 and add 0.09% of the excess NGR over $37 500

For NGR of more than $199 500 but equal to or less than $472 500 for the second 6 months ..........

subtract $7 695.45 and add 2.59% of the excess NGR over $199 500

For NGR of more than $472 500 but equal to or less than $750 000 for the second 6 months...........

subtract $624.75

For NGR of more than $750 000 but equal to or less than $1 250 000 for the second 6 months........

subtract $624.75 and add 14.09% of the excess NGR over $750 000

For NGR of more than $1 250 000 for the second 6 months.............................................................

add $69 825.25 plus 24.09% of the excess NGR over $1 250 000

(ii)in any other case—the amount of tax calculated in accordance with Part 1 of the following table, as adjusted, for the 6 months from 1 January 2003 until 30 June 2003 ("the second 6 months"), by subtracting or adding (as the case requires) the adjustment amount in accordance with Part 2 of the table:

Part 1

Tax Threshold

Tax

For NGR of $399 000 or less for the financial year

25.91% of the NGR

For NGR of more than $399 000 but equal to or less than $945 000 for the financial year.................

$103 380.90 plus 34.41% of the excess NGR over $399 000

For NGR of more than $945 000 for the financial year ....................................................................

$291 259.50 plus 40.91% of the excess NGR over $945 000


Part 2

Adjustment Threshold

Adjustment

For NGR of $37 500 or less for the second 6 months ............................................................

subtract 25.91% of the NGR

For NGR of more than $37 500 but equal to or less than $199 500 for the second 6 months...........

subtract $9 716.25 and add 1.59% of the excess NGR over $37 500

For NGR of more than $199 500 but equal to or less than $472 500 for the second 6 months ..........

subtract $7 140.45 and add 2.59% of the excess NGR over $199 500

For NGR of more than $472 500 but equal to or less than $750 000 for the second 6 months ..........

subtract $69.75

For NGR of more than $750 000 but equal to or less than $1 250 000 for the second 6 months........

subtract $69.75 and add 14.09% of the excess NGR over $750 000

For NGR of more than $1 250 000 for the second 6 months ...........................................................

add $70 380.25 plus 24.09% of the excess NGR over $1 250 000

(b)in respect of the 2003/2004 financial year and each successive financial year, means—

(i)in the case of a non-profit business—the amount of tax calculated in accordance with the following table:

Tax Threshold

Tax

For NGR of $75 000 or less for the financial year..

nil

For NGR of more than $75 000 but equal to or less than $399 000 for the financial year.................

21% of the excess NGR over $75 000

For NGR of more than $399 000 but equal to or less than $945 000 for the financial year ................

$68 040 plus 28.5% of the excess NGR over $399 000

For NGR of more than $945 000 but equal to or less than $1 500 000 for the financial year .............

$223 650 plus 30.91% of the excess NGR over $945 000

For NGR of more than $1 500 000 but equal to or less than $2 500 000 for the financial year..............

$395 200.50 plus 45% of the excess NGR over $1 500 000

For NGR of more than $2 500 000 for the financial year ....................................................................

$845 200.50 plus 55% of the excess NGR over $2 500 000

(ii)in any other case—the amount of tax calculated in accordance with the following table:

Tax Threshold

Tax

For NGR of $75 000 or less for the financial year..

nil

For NGR of more than $75 000 but equal to or less than $399 000 for the financial year ................

27.5% of the excess NGR over $75 000

For NGR of more than $399 000 but equal to or less than $945 000 for the financial year ................

$89 100 plus 37% of the excess NGR over $399 000

For NGR of more than $945 000 but equal to or less than $1 500 000 for the financial year..............

$291 120 plus 40.91% of the excess NGR over $945 000

For NGR of more than $1 500 000 but equal to or less than $2 500 000 for the financial year..............

$518 170.50 plus 55% of the excess NGR over $1 500 000

For NGR of more than $2 500 000 for the financial year ....................................................................

$1 068 170.50 plus 65% of the excess NGR over $2 500 000

Amendment of s. 72A—Gaming tax

3. Section 72A of the principal Act is amended—

(a)by striking out subsection (1) and substituting the following subsection:

(1) The holder of a gaming machine licence must pay to the Treasurer, for each financial year, the prescribed gaming tax on the net gambling revenue derived in respect of the licensed premises in the financial year.;

(b)by inserting after subsection (3) the following subsection:

(3aa) The Minister may, by further notice in the Gazette, vary or revoke a notice under subsection (3).;

(c)by striking out subsections (6) to (10) (inclusive).

By Authority: J. D. Ferguson, Government Printer, South Australia

 


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