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This is a Bill, not an Act. For current law, see the Acts databases.
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
Page 6
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