New South Wales Consolidated Acts

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BETTING TAX ACT 2001 - SCHEDULE 4

SCHEDULE 4 – Savings and transitional provisions

(Section 24)

Division 1 - Regulations

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
this Act
Wagering Legislation Amendment Act 2010
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Division 2 - Provisions consequent on enactment of this Act

2 Existing bets

Tax is payable under this Act on a bet in relation to a horse race, harness race, greyhound race or sports betting event held or conducted after the commencement of this Act whether or not the bet was placed before the commencement of this Act.

3 Existing liability to pay tax unaffected

The repeal of an Act or provision of an Act by this Act does not affect any liability to pay tax under that Act or provision in relation to a horse race, harness race, greyhound race or sports betting event held or conducted before the repeal or in relation to a day occurring before that repeal. The repealed Act, or the repealed provision, continues to apply to the payment and collection of that tax as if the Act or provision had not been repealed.

4 Existing entitlement to a rebate unaffected

The repeal of section 12A of the Bookmakers (Taxation) Act 1917 and section 77 of the Totalizator Act 1997 does not affect a person’s entitlement to a rebate in relation to a tax liability that occurred before the repeal of those sections. A person can claim and be granted a rebate under those sections as if those sections had not been repealed.

5 Obligation to prepare returns

The repeal of sections 15A and 30 of the Bookmakers (Taxation) Act 1917 does not affect a person’s liability to prepare and lodge a return in relation to any period occurring, or any race meeting or sports betting event conducted or held, before the repeal of those sections.

6 Approved forms

Until forms are approved under section 11, the forms prescribed by Part 2 of the Bookmakers (Taxation) Regulation 1996 , as in force immediately before its repeal, are taken to be forms under section 11.

Division 3 - Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2009

7 Rate of betting tax on approved betting activities

(1) The lower tax rate for betting tax on approved activities is taken to have had effect from the commencement of this Act.
(2) The "lower tax rate for betting tax on approved activities" is the tax payable under section 10 (2), as substituted by the State Revenue Legislation Further Amendment Act 2009 .

Division 4 - Provisions consequent on enactment of Wagering Legislation Amendment Act 2010

8 Transitional arrangement for betting tax refunds

The following provisions apply to the calculation of a refund of betting tax under section 11 in relation to the financial year ending 30 June 2011:

(a) the refund applies only to tax paid in respect of a totalizator conducted on or after the commencement of section 11,
(b) the total of the benefits and rebates paid by the licensee does not include benefits and rebates paid before the commencement of section 11,
(c) the amount of $11 million used in the calculation of the shortfall in minimum betting tax receipts (referred to in section 11 (2)) is to be reduced in proportion to the reduced number of days remaining in the financial year after the commencement of section 11,
(d) the total investments of an eligible investor during the financial year include investments made before the commencement of section 11.



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