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BOOKMAKERS (TAXATION) AMENDMENT BILL 1991
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
Currently, a bookmaker who wishes to operate at a race meeting in New South Wales
is required:
(a) to register as a bookmaker with the appropriate registration authority (i.e. a
racing association or similar body) for the relevant racing code (galloping,
harness racing or greyhound racing); and
(b) to pay a bookmakers registration tax imposed by either the Racing Taxation
Act 1937 (for galloping or harness racing) or the Finance (Greyhound-racing
Taxation) Act 1931 (for greyhound racing) or bosh.
A bookmaker may be required to pay several taxes under these Acts depending on
the location of the race meeting and the racing code. The bookmaker is issued with a
bookmakers tax receipt on payment of each of these taxes. The taxes axe required to be
paid for each year the bookmaker carries on business as a registered bookmaker.
The Bookmakers (Taxation) Act 1917 established the Bookmakers Revision
Committee. The Committee has power to direct a registeration authority to cancel or
suspend the registration of a bookmaker if satisfied the bookmaker has been convicted
of an offence under that Act or has failed to pay certain taxes relating to his or her
business as a registered bookmaker.
The object of this Bill is to amend the Bookmakers (Taxation) Act 1917 so as:
(a) to simplify the existing system of various annual bookmakers taxes by
introducing one bookmakers registration tax ($100) which will enable a
registered bookmaker to field at my race meeting in the State; and
(b) to make it clear that the Bookmakers Revision Committee has the power to
direct the cancellation or suspension of a bookmaker's registration for failure to
pay certain taxes by the daze due even though the amount owing was
subsequently paid.
· Finance (Greyhound-racing Taxation) Act 1931
· Finance (Greyhound-racing Taxation) Management Act 1931
· Racing Taxation Act 1937
The Bill amends the Racing Taxation (Betting Tax) Act 1952 consequentially.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on 1 January 1992.
Clause 3 gives effect to Schedule 1 which contains amendments to the Bookmakers
(Taxation) Act 1917.
Clause 4 gives effect to Schedule 2 which contains consequential amendments to
the Racing Taxation (Betting Tax) Act 1952.
Clause 5 repeals the Acts listed in Schedule 3.
Clause 6 gives effect to Schedule 4 which contains savings and transitional
provisions consequent on the enactment of she proposed Act.
SCHEDULE 1--AMENDMENT OF BOOKMAKERS (TAXATION) ACT 1917
Definitions
Definitions are updated by Schedule 1 (l), (4) and (8) as a result of the imposition of
one bookmakers registration tax and of changes to the names of various racing
associations. References to "meeting for pony racing" have been removed as these
meetings arc no longer conducted.
Bookmakers registration tax
Schedule 1 (11) repeals sections 20-22 and inserts new sections 20 and 21. The
effect of the new sections is that a person must be registered (with the appropriate
registration authority for the relevant racing code) before carrying on business as a
bookmaker on a racecourse. Such a person must pay a registration tax ($100) before
carrying
on business in that capacity. The tax is also payable each time a person
commences to carry on business as a registered bookmaker after ceasing to be a
registered bookmaker.
Provision is also made for payment of the tax by registered bookmakers who hold
current bookmakers
tax receipts as follows:
(a) a holder of a current bookmakers tax receipt for galloping and harness racing is
required to pay the tax by 31 January 1992 (l month after the date this category
of bookmakers tax receipt expires);
(b) a holder of a current bookmakers tax receipt for greyhound racing is required to
pay the tax by 30 September 1992 (the date this category of bookmakers tax
receipt expires).
Amendments relating to collection of tax imposed by the Racing Taxation (Betting
Tax) Act 1952
Schedule 1 (2), (3), (5)--(7) and (9) amend the Act by way of statute law revision. As
a result of the amendments, Part 3 of the Act:
(a) will no longer be expressed to apply to taxes under the Finance (Bookmakers'
Taxation) Act 1932 (a repealed Act); and
(b) will express instead the substance of Part 4B of the Act, which at present
operates referentially.
Consequential
amendments
The remaining items in Schedule 1 make minor consequential amendments.
SCHEDULE 2--AMENDMENT OF RACING TAXATION (BETTING TAX
ACT 1952
The amendments made by this Schedule are consequential on the amendment of Parts
3 and 4B of the Bookmakers (Taxation) Act 1917.
SCHEDULE 3--REPEALS
This Schedule lists Acts to be repealed as a result of the enactment of the proposed
Act.
SCHEDULE 4--SAVINGS AND TRANSITIONAL PROVISIONS
Clause 1 ensures that any liability incurred by a bookmaker under the Acts repealed
by Schedule 3 prior to the commencement of the proposed Act continues after their
repeal.
Clause 2 makes it clear that the amendment made by Schedule 1 (19) (e) applies to a
decision of the Bookmakers Revision Committee made before as well as after the
commencement of the proposed Act.
Clause 3 allows savings and transitional regulations to be made consequent on the
enactment of the proposed