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


GAMING MACHINE TAX AMENDMENT BILL 2011





                           New South Wales




Gaming Machine Tax Amendment Bill
2011


Contents

                                                                          Page
              1    Name of Act                                               2
              2    Commencement                                              2
     Schedule 1    Amendment of Gaming Machine Tax Act 2001 No 72            3




b2011-061-42.d13
                             New South Wales




Gaming Machine Tax Amendment Bill
2011
No     , 2011


A Bill for

An Act to amend the Gaming Machine Tax Act 2001 to make further provision in
relation to gaming machine tax payable by registered clubs and the rebate available
to those clubs for certain spending for community development and support; and for
other purposes.
Clause 1      Gaming Machine Tax Amendment Bill 2011




The Legislature of New South Wales enacts:                          1

 1    Name of Act                                                   2

           This Act is the Gaming Machine Tax Amendment Act 2011.   3

 2    Commencement                                                  4

           This Act commences on 1 September 2011.                  5




Page 2
Gaming Machine Tax Amendment Bill 2011

Amendment of Gaming Machine Tax Act 2001 No 72                        Schedule 1




Schedule 1             Amendment of Gaming Machine Tax Act                            1
                       2001 No 72                                                     2

[1]   Section 15 Instalment rate for registered clubs                                 3

      Omit "1.5" from section 15 (4). Insert instead "1.85".                          4

[2]   Section 15 (4), note                                                            5

      Omit "tax rate 2 becomes 19.5, instead of 21".                                  6

      Insert instead "tax rate 2 becomes 18.05, instead of 19.9".                     7

[3]   Section 15A Tax rates for registered clubs                                      8

      Omit "2007 and subsequent tax years" from Table 1 to the section.               9

      Insert instead "2007­2010 tax years".                                          10

[4]   Section 15A, Table 1                                                           11

      Insert at the end of the Table:                                                12


                  2011 and 10.0          19.9      24.4        26.4       28.4
                  subsequent
                  tax years

[5]   Section 16 ClubGRANTS                                                          13

      Omit "(the CDSE guidelines)" and "CDSE guidelines" wherever occurring.         14

      Insert instead "(the ClubGRANTS guidelines)" and "ClubGRANTS                   15
      guidelines", respectively.                                                     16

[6]   Section 16 (3A)                                                                17

      Insert after section 16 (3):                                                   18

           (3A)    Provisions of the ClubGRANTS guidelines that from time to time    19
                   define the terms Category 3 projects and services for the         20
                   purposes of section 17A are to be settled in consultation with    21
                   Clubs NSW.                                                        22

[7]   Section 17 Tax rebate for ClubGRANTS expenditure                               23

      Omit "1.5%" from section 17 (2). Insert instead "1.85%".                       24




                                                                            Page 3
                 Gaming Machine Tax Amendment Bill 2011

Schedule 1          Amendment of Gaming Machine Tax Act 2001 No 72




 [8]   Section 17 (2), note                                                                      1
       Insert after section 17 (2):                                                              2
                       Note. The combined effect of this subsection and the operation of         3
                       section 17A (5) (that forwards 0.4% of the prescribed profits of each     4
                       registered club to the ClubGRANTS Fund on behalf of clubs) is that the    5
                       effective tax rebate rate is 2.25%.                                       6

 [9]   Section 17 (3) and (4)                                                                    7

       Omit "CDSE Local Committee", "CDSE guidelines" and "CDSE Local                            8
       Committee" wherever occurring.                                                            9

       Insert instead "ClubGRANTS Local Committee", "ClubGRANTS                                 10
       guidelines" and "ClubGRANTS Local Committee", respectively.                              11

[10]   Section 17A                                                                              12

       Insert after section 17:                                                                 13

       17A   ClubGRANTS Fund                                                                    14

              (1)      There is established in the Special Deposits Account an account          15
                       to be called the ClubGRANTS Fund (the Fund).                             16

              (2)      The Fund is to be administered by the Director-General of the            17
                       Department of Trade and Investment, Regional Infrastructure              18
                       and Services.                                                            19

              (3)      The following is to be paid into the Fund:                               20
                       (a) money paid into the Fund under subsections (5) and (6),              21
                       (b) money advanced to the Fund by the Treasurer,                         22
                       (c) the interest and any other amounts from time to time                 23
                             accruing from the investments of the Fund,                         24
                       (d) other money required or permitted to be paid into the Fund           25
                             by or under this or any other Act.                                 26

              (4)      There is payable from the Fund:                                          27
                       (a) expenditure approved by the Minister administering the               28
                             Registered Clubs Act 1976 to support and develop, by way           29
                             of grant, large scale projects or services associated with         30
                             sport, health or community infrastructure that are defined         31
                             in the ClubGRANTS guidelines as Category 3 projects and            32
                             services,                                                          33
                       (b) administrative expenses incurred in relation to the Fund,            34
                       (c) money that is directed to be paid from the Fund by or under          35
                             this or any other Act.                                             36




Page 4
Gaming Machine Tax Amendment Bill 2011

Amendment of Gaming Machine Tax Act 2001 No 72                               Schedule 1




              (5)    There is to be paid, without further appropriation than this Act,          1
                     into the Fund out of the Consolidated Fund, within 1 month after           2
                     the end of each tax year for registered clubs, an amount equal to          3
                     0.4% of the prescribed profits of each registered club during the          4
                     tax year.                                                                  5

              (6)    A registered club may pay amounts of money into the Fund.                  6

              (7)    In this section, prescribed profits has the same meaning as in             7
                     section 17.                                                                8

[11]   Schedule 1, heading                                                                      9

       Omit "guidelines on Community Development and Support Expenditure                       10
       (CDSE) Scheme".                                                                         11

       Insert instead "ClubGRANTS guidelines".                                                 12

[12]   Schedule 1, clause 1 (b), note                                                          13

       Insert after clause 1 (b):                                                              14
                     Note. The effect of section 17 (2) of the Act and this clause is that a   15
                     registered club may not claim a tax rebate for amounts applied to         16
                     Category 2 projects and services that exceed 1.1% of the prescribed       17
                     profits of the club.                                                      18

[13]   Schedule 1, clauses 3 (Community priorities identified by ClubGRANTS                    19
       Local Committees), 4 and 5                                                              20

       Omit "CDSE" wherever occurring. Insert instead "ClubGRANTS".                            21

[14]   Schedule 2 Savings and transitional provisions                                          22

       Insert at the end of clause 1 (1):                                                      23

                     Gaming Machine Tax Amendment Act 2011                                     24

[15]   Schedule 2, Part 5                                                                      25

       Insert at the end of the Schedule:                                                      26


       Part 5        Provisions consequent on enactment of                                     27
                     Gaming Machine Tax Amendment Act 2011                                     28

         8    Definition                                                                       29

                     In this Part, amending Act means the Gaming Machine Tax                   30
                     Amendment Act 2011.                                                       31




                                                                                   Page 5
                Gaming Machine Tax Amendment Bill 2011

Schedule 1      Amendment of Gaming Machine Tax Act 2001 No 72




          9   ClubGRANTS appropriation does not apply to 2010­2011 tax year            1
                   Section 17A (5), as inserted by the amending Act, does not apply    2
                   to the tax year for registered clubs commencing on 1 September      3
                   2010.                                                               4

         10   Renaming of the Community Development and Support                        5
              Expenditure (CDSE) Scheme as ClubGRANTS                                  6

                   For the avoidance of doubt:                                         7
                   (a) CDSE guidelines in force immediately before the                 8
                         commencement of the amending Act are taken to be              9
                         ClubGRANTS guidelines, and                                   10
                   (b) each CDSE Local Committee in existence immediately             11
                         before the commencement of the amending Act is taken to      12
                         be a ClubGRANTS Local Committee established under            13
                         the ClubGRANTS guidelines.                                   14




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