Australian Capital Territory Repealed Acts

This legislation has been repealed.

GAMING MACHINE ACT 1987 (REPEALED) - SECT 58A

    (1)     This section applies if a licensee that is a club paid to the Commonwealth, during a month, an amount in relation to the licensee's liability for a global GST amount (the GST paid ).

    (2)     If the GST paid is less than the club's gross GMT for the month, the amount of gaming machine tax for which the licensee is liable is reduced by the GST credit.

    (3)     If the GST paid is equal to or more than the club's gross GMT for the month, the licensee—

        (a)     is not liable for gaming machine tax for the month; and

        (b)     is entitled to the GST refund.

    (4)     The commission may, in writing, determine—

        (a)     a rate of GST credit for this section, of not more than the GST paid; and

        (b)     a rate of GST refund for this section, of not more than the difference between the GST paid and the club's gross GMT for the month.

    (5)     A determination under subsection (4) is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001 .

    (6)     In this section:

"gaming machine tax" does not include tax relating to the unlawful operation of gaming machines.

"global GST amount"—see the GST provision.

"gross GMT", for a club, is the amount of gaming machine tax for which the club would, apart from this section, be liable.

"GST provision" means the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), section 126-10 (which deals with tax on gambling revenue).

"GST tax period" means a tax period referred to in the GST provision.