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PARLIAMENT OF VICTORIA
State Taxation and Gambling Legislation
Amendment (Budget Measures) Bill 2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--CONGESTION LEVY ACT 2005 3
3 Temporary levy reduction 3
PART 3--DUTIES ACT 2000 5
4 Motor vehicle duty 5
5 New clause 25 inserted in Schedule 2 6
25 State Taxation and Gambling Legislation
Amendment (Budget Measures) Act 2007 6
PART 4--LAND TAX ACT 2005 7
6 Special land tax 7
7 Reduction in land tax rates 7
8 New clause 11 inserted in Schedule 3 12
11 State Taxation and Gambling Legislation
Amendment (Budget Measures) Act 2007--
special land tax 12
PART 5--GAMBLING LEGISLATION 13
9 Maximum commission for totalisators on wagering events 13
10 New section 4.4.8 substituted 14
4.4.8 Commissions 14
11 New section 4.6.1 substituted 14
4.6.1 Commissions 14
12 Health benefit levy--Gambling Regulation Act 2003 15
561141B.I-1/5/2007 i BILL LA INTRODUCTION 1/5/2007
Clause Page
13 New Part 16 inserted in Schedule 7 15
PART 16--STATE TAXATION AND GAMBLING
LEGISLATION AMENDMENT (BUDGET MEASURES)
ACT 2007 15
16.1 Commissions on wagering events 15
14 Health benefit levy--Casino Control Act 1991 17
PART 6--REPEAL OF AMENDING ACT 18
15 Repeal of Act 18
ENDNOTES 19
561141B.I-1/5/2007 ii BILL LA INTRODUCTION 1/5/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
State Taxation and Gambling
Legislation Amendment (Budget
Measures) Bill 2007
A Bill for an Act to amend the Congestion Levy Act 2005, the Duties
Act 2000, the Land Tax Act 2005 , the Gambling Regulation Act
2003 and the Casino Control Act 1991 to implement measures in the
200708 State budget and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to amend--
(a) the Congestion Levy Act 2005 to provide a
5 temporary levy reduction in part of the levy
area;
(b) the Duties Act 2000 to reduce the rate of
duty on the registration of new vehicles;
561141B.I-1/5/2007 1 BILL LA INTRODUCTION 1/5/2007
State Taxation and Gambling Legislation Amendment (Budget Measures)
Bill 2007
Part 1--Preliminary
s. 2
(c) the Land Tax Act 2005 to reduce rates of
land tax and alter special land tax;
(d) the Gambling Regulation Act 2003 to alter
the provisions relating to commissions on
5 totalisators conducted on wagering events;
(e) the Gambling Regulation Act 2003 and the
Casino Control Act 1991 to increase the
health benefit levy.
2 Commencement
10 (1) This Act (except sections 4 and 6 and Part 5)
comes into operation on the day after the day on
which it receives the Royal Assent.
(2) Sections 4 and 6 (except section 6(2)) are deemed
to have come into operation on 1 May 2007.
15 (3) Part 5 comes into operation on 1 July 2007.
(4) Section 6(2) comes into operation on 1 January
2008.
__________________
561141B.I-1/5/2007 2 BILL LA INTRODUCTION 1/5/2007
State Taxation and Gambling Legislation Amendment (Budget Measures)
Bill 2007
Part 2--Congestion Levy Act 2005
s. 3
PART 2--CONGESTION LEVY ACT 2005
3 Temporary levy reduction
After section 10(3) of the Congestion Levy Act See:
Act No.
2005 insert-- 74/2005
and
5 "(4) Despite anything to the contrary in this amending
Act No.
section, the amount of the levy for 2007 and 74/2006.
2008 for each leviable parking space in the LawToday:
www.
temporary area is $400 per year. legislation.
vic.gov.au
(5) A person who has paid an amount as levy on
10 a leviable parking space in the temporary
area for 2007 that is more than the amount of
the levy referred to in subsection (4) is
entitled to a refund of the excess amount.
(6) Despite anything to the contrary in
15 section 11, the amount of the levy for each
leviable parking space in the temporary area
for each subsequent year is the same amount
as the levy for each leviable parking space in
the remainder of the levy area.
20 (7) In this section--
temporary area means the area the boundary
of which commences where the Charles
Grimes Bridge crosses the south bank
of the Yarra River, and runs southerly
25 on Montague St to the intersection of
Montague St and the West Gate
Freeway, then westerly on the West
Gate Freeway to the intersection of the
West Gate Freeway and City Link
30 (Western Link), then northerly on City
Link to the point where City Link
crosses the south bank of the Yarra
River, then easterly along the south
561141B.I-1/5/2007 3 BILL LA INTRODUCTION 1/5/2007
State Taxation and Gambling Legislation Amendment (Budget Measures)
Bill 2007
Part 2--Congestion Levy Act 2005
s. 3
bank of the Yarra River to the point of
commencement.".
__________________
561141B.I-1/5/2007 4 BILL LA INTRODUCTION 1/5/2007
State Taxation and Gambling Legislation Amendment (Budget Measures)
Bill 2007
Part 3--Duties Act 2000
s. 4
PART 3--DUTIES ACT 2000
4 Motor vehicle duty
For section 218(1)(a) and (ab) of the Duties Act See:
Act No.
2000 substitute-- 79/2000.
Reprint No. 5
5 "(a) on an application for registration of a motor as at
10 February
vehicle that has not previously been 2006
registered in Victoria or elsewhere-- and
amending
(i) for a passenger car the dutiable value of Act Nos
38/2006,
which exceeds $57 009--$10 per $200, 84/2006 and
10 or part, of the dutiable value of the 86/2006.
LawToday:
motor vehicle; www.
legislation.
(ii) in any other case--$5 per $200, or part, vic.gov.au
of the dutiable value of the motor
vehicle;
15 (ab) on an application for registration or transfer
of registration of a motor vehicle--
(i) that is a passenger car; and
(ii) that was, within the previous 60 days,
registered for the first time in Victoria
20 in the name of a licensed motor car
trader; and
(iii) that has not previously been registered
elsewhere; and
(iv) in respect of which no duty was
25 chargeable under this Act in relation to
the registration referred to in
subparagraph (ii) because of the use of
the motor vehicle; and
(v) in respect of which no duty was paid
30 (or, if paid, the duty is refundable)
under this Act in relation to an
application for registration or transfer
of registration or change of use of the
561141B.I-1/5/2007 5 BILL LA INTRODUCTION 1/5/2007
State Taxation and Gambling Legislation Amendment (Budget Measures)
Bill 2007
Part 3--Duties Act 2000
s. 5
motor vehicle after the registration
referred to in subparagraph (ii)--
$10 per $200, or part, of the dutiable value of
the motor vehicle if the dutiable value
5 exceeds $57 009 or $5 per $200, or part, of
the dutiable value of the motor vehicle if the
dutiable value does not exceed $57 009;".
5 New clause 25 inserted in Schedule 2
After clause 24 of Schedule 2 to the Duties Act
10 2000 insert--
"25 State Taxation and Gambling Legislation
Amendment (Budget Measures) Act 2007
(1) Sections 218(1)(a) and 218(1)(ab), as
substituted by section 4 of the State
15 Taxation and Gambling Legislation
Amendment (Budget Measures) Act 2007,
apply to an application for registration or
transfer of registration made on or after
1 May 2007.
20 (2) A taxpayer is entitled to a refund of any duty
paid on or after 1 May 2007 that is not
payable because of subclause (1).".
__________________
561141B.I-1/5/2007 6 BILL LA INTRODUCTION 1/5/2007
State Taxation and Gambling Legislation Amendment (Budget Measures)
Bill 2007
Part 4--Land Tax Act 2005
s. 6
PART 4--LAND TAX ACT 2005
6 Special land tax
(1) Sections 30(1)(a) and 30(1)(b) of the Land Tax See:
Act No.
Act 2005 are repealed. 88/2005.
Reprint No. 1
5 (2) In section 30(2)(a) of the Land Tax Act 2005, for as at
1 January
"$199 999" substitute "$224 999". 2006
and
(3) After section 30(3) of the Land Tax Act 2005 amending
insert-- Act Nos
23/2006,
"(4) Special land tax is not imposed if the land 38/2006,
63/2006,
10 ceases to be exempt land only because-- 84/2006 and
85/2006.
(a) the land vests in an authority that LawToday:
www.
acquires it under a compulsory legislation.
acquisition law; or vic.gov.au
(b) an authority that is acquiring the land
15 under a compulsory acquisition law
takes possession of the land.
(5) In subsection (4)--
authority means a person who or body that is
given power to acquire land under a
20 compulsory acquisition law;
compulsory acquisition law means a law of
Victoria or the Commonwealth that
provides for the compulsory acquisition
of land.".
25 7 Reduction in land tax rates
(1) In Part 1 of Schedule 1 to the Land Tax Act
2005--
(a) in Table 1.1, in the heading to column 2, for
"not exceeding" substitute "less than";
30 (b) in the heading to clause 1.2 omit "and
subsequent years";
561141B.I-1/5/2007 7 BILL LA INTRODUCTION 1/5/2007
State Taxation and Gambling Legislation Amendment (Budget Measures)
Bill 2007
Part 4--Land Tax Act 2005
s. 7
(c) in clause 1.2 omit "and each subsequent
year";
(d) in Table 1.2, in the heading to column 2, for
"not exceeding" substitute "less than".
5 (2) In Part 1 of Schedule 1 to the Land Tax Act
2005, after clause 1.2 insert--
"1.3 Land tax for 2008 and subsequent years
The rate of land tax for 2008 and each
subsequent year is set out in Table 1.3.
10 TABLE 1.3
Column 1 Column 2
Taxable Taxable
value not value less Column 3
Item less than than Rate of land tax
$ $
1 0 225 000 Nil
2 225 000 540 000 $250 and 02% of
the taxable value
that exceeds
$225 000
3 540 000 900 000 $880 and 05% of
the taxable value
that exceeds
$540 000
4 900 000 1 620 000 $2680 and 08%
of the taxable
value that exceeds
$900 000
5 1 620 000 2 700 000 $8440 and 13%
of the taxable
value that exceeds
$1 620 000
6 2 700 000 $22 480 and 25%
of the taxable
value that exceeds
$2 700 000
".
561141B.I-1/5/2007 8 BILL LA INTRODUCTION 1/5/2007
State Taxation and Gambling Legislation Amendment (Budget Measures)
Bill 2007
Part 4--Land Tax Act 2005
s. 7
(3) In Part 2 of Schedule 1 to the Land Tax Act
2005--
(a) in the heading to clause 2.1, after
"easements" insert "for 2007";
5 (b) in clause 2.1, after "easements" insert "for
2007";
(c) in Table 2.1, in the heading to column 2, for
"not exceeding" substitute "less than".
(4) In Part 2 of Schedule 1 to the Land Tax Act
10 2005, after clause 2.1 insert--
"2.2 Rate of land tax on transmission
easements for 2008 and subsequent years
The rate of land tax on transmission
easements for 2008 and each subsequent
15 year is set out in Table 2.2.
TABLE 2.2
Column 1 Column 2
Taxable Taxable
value not value less Column 3
Item less than than Rate of land tax
$ $
1 0 225 000 Nil
2 225 000 540 000 $250 and 02% of
the taxable value
that exceeds
$225 000
3 540 000 900 000 $880 and 05% of
the taxable value
that exceeds
$540 000
4 900 000 1 620 000 $2680 and 08%
of the taxable
value that exceeds
$900 000
561141B.I-1/5/2007 9 BILL LA INTRODUCTION 1/5/2007
State Taxation and Gambling Legislation Amendment (Budget Measures)
Bill 2007
Part 4--Land Tax Act 2005
s. 7
Column 1 Column 2
Taxable Taxable
value not value less Column 3
Item less than than Rate of land tax
$ $
5 1 620 000 2 700 000 $8440 and 13%
of the taxable
value that exceeds
$1 620 000
6 2 700 000 $22 480 and 5%
of the taxable
value that exceeds
$2 700 000
".
(5) In Part 3 of Schedule 1 to the Land Tax Act
2005--
(a) in the heading to clause 3.2 omit "and
subsequent years";
5 (b) in clause 3.2 omit "and each subsequent
year".
(6) In Part 3 of Schedule 1 to the Land Tax Act
2005, after clause 3.2 insert--
"3.3 Land tax for trusts for 2008 and
10 subsequent years
The rate of land tax for 2008 and each
subsequent year for land held by an owner
subject to a trust is set out in Table 3.3.
561141B.I-1/5/2007 10 BILL LA INTRODUCTION 1/5/2007
State Taxation and Gambling Legislation Amendment (Budget Measures)
Bill 2007
Part 4--Land Tax Act 2005
s. 7
TABLE 3.3
Column 1 Column 2
Taxable Taxable
value not value less Column 3
Item less than than Rate of land tax
$ $
1 0 20 000 Nil
2 20 000 225 000 $75 and 0375%
of the taxable
value that
exceeds $20 000
3 225 000 540 000 $844 and 0575%
of the taxable
value that
exceeds $225 000
4 540 000 900 000 $2655 and
0875% of the
taxable value that
exceeds $540 000
5 900 000 1 620 000 $5805 and
1175% of the
taxable value that
exceeds $900 000
6 1 620 000 2 700 000 $14 265 and
076% of the
taxable value that
exceeds
$1 620 000
7 2 700 000 $22 480 and 25%
of the taxable
value that exceeds
$2 700 000
".
561141B.I-1/5/2007 11 BILL LA INTRODUCTION 1/5/2007
State Taxation and Gambling Legislation Amendment (Budget Measures)
Bill 2007
Part 4--Land Tax Act 2005
s. 8
8 New clause 11 inserted in Schedule 3
After clause 10 of Schedule 3 to the Land Tax
Act 2005 insert--
"11 State Taxation and Gambling Legislation
5 Amendment (Budget Measures) Act
2007--special land tax
(1) Section 30(4) applies to land that vests in an
authority, or land of which an authority takes
possession, on or after 1 May 2007.
10 (2) A taxpayer is entitled to a refund of any
special land tax paid on or after 1 May 2007
in respect of--
(a) land to which section 30(4) applies;
(b) land referred to in paragraph (a) or (b)
15 of section 30(1) as in force immediately
before the repeal of that paragraph, that
ceased to be exempt land on or after
1 May 2007.
(3) In this clause, authority has the meaning
20 given in section 30(5).".
__________________
561141B.I-1/5/2007 12 BILL LA INTRODUCTION 1/5/2007
State Taxation and Gambling Legislation Amendment (Budget Measures)
Bill 2007
Part 5--Gambling Legislation
s. 9
PART 5--GAMBLING LEGISLATION
9 Maximum commission for totalisators on wagering
events
(1) After section 4.2.5(2) of the Gambling See:
Act No.
5 Regulation Act 2003 insert-- 114/2003.
Reprint No. 1
"(2A) Betting rules under subsection (1)(a) must as at
21 July 2005
specify the maximum amount (whether and
expressed as a percentage or otherwise) that amending
Act Nos
may be deducted as commission out of the 16/2004,
10 total amount invested in each totalisator to 104/2004,
18/2005,
which the rules relate. 22/2005,
92/2005,
(2B) The maximum amount of commission 98/2005,
specified in betting rules referred to in 7/2006,
23/2006,
subsection (2A) cannot exceed 25% of the 24/2006,
15 total amount invested in the relevant 32/2006,
48/2006,
totalisator. 54/2006,
79/2006 and
(2C) Despite anything to the contrary in this 80/2006.
section, a betting rule that specifies a LawToday:
www.
maximum amount that may be deducted as legislation.
20 commission referred to in subsection (2A) vic.gov.au
does not have effect unless, before the rule is
made, the Treasurer has given his or her
consent in writing to the maximum amount
so specified.".
25 (2) After section 4.2.6(4) of the Gambling
Regulation Act 2003 insert--
"(5) Despite anything to the contrary in this
section, the Commission has no power to
disallow a betting rule that specifies the
30 maximum amount that may be deducted as
commission out of the total amount invested
in each totalisator to which the rule relates.".
561141B.I-1/5/2007 13 BILL LA INTRODUCTION 1/5/2007
State Taxation and Gambling Legislation Amendment (Budget Measures)
Bill 2007
Part 5--Gambling Legislation
s. 10
10 New section 4.4.8 substituted
For section 4.4.8 of the Gambling Regulation
Act 2003 substitute--
"4.4.8 Commissions
5 The holder of a permit may deduct, or cause
to be deducted, as commission out of the
total amount invested in each totalisator
conducted by it on a wagering event or
wagering events, an amount not exceeding
10 the maximum amount specified in the betting
rules in relation to the relevant totalisator.
Note
The maximum amount specified in the betting rules
cannot exceed 25% of the total amount invested in the
15 totalisator--see section 4.2.5(2B).".
11 New section 4.6.1 substituted
For section 4.6.1 of the Gambling Regulation
Act 2003 substitute--
"4.6.1 Commissions
20 The licensee may deduct, or cause to be
deducted, as commission out of the total
amount invested in each totalisator
conducted by the licensee or wagering
operator on a wagering event or wagering
25 events, an amount not exceeding the
maximum amount specified in the betting
rules in relation to the relevant totalisator.
Note
The maximum amount specified in the betting rules
30 cannot exceed 25% of the total amount invested in the
totalisator--see section 4.2.5(2B).".
561141B.I-1/5/2007 14 BILL LA INTRODUCTION 1/5/2007
State Taxation and Gambling Legislation Amendment (Budget Measures)
Bill 2007
Part 5--Gambling Legislation
s. 12
12 Health benefit levy--Gambling Regulation Act 2003
(1) In the formula set out in section 3.6.3(1) of the
Gambling Regulation Act 2003, for "$3033.33"
substitute "$4333.33".
5 (2) For section 3.6.3(5) of the Gambling Regulation
Act 2003 substitute--
"(5) Subsection (1) as amended by section 12(1)
of the State Taxation and Gambling
Legislation Amendment (Budget
10 Measures) Act 2007 applies to the health
benefit levy for the financial year beginning
on 1 July 2007 and each subsequent financial
year.".
13 New Part 16 inserted in Schedule 7
15 At the end of Schedule 7 to the Gambling
Regulation Act 2003 insert--
"PART 16--STATE TAXATION AND
GAMBLING LEGISLATION AMENDMENT
(BUDGET MEASURES) ACT 2007
20 16.1 Commissions on wagering events
(1) This clause applies until betting rules
specifying the maximum amount of
commission for a totalisator are made as
referred to in section 4.2.5(2A) or at any
25 time when such rules do not have effect as
provided by section 4.2.5(2C).
(2) When this clause applies, the maximum
amount that may be deducted as commission
under section 4.4.8 or 4.6.1 for a totalisator
30 is the amount set out in column 2 of the
following table opposite the totalisator
referred to in column 1.
561141B.I-1/5/2007 15 BILL LA INTRODUCTION 1/5/2007
State Taxation and Gambling Legislation Amendment (Budget Measures)
Bill 2007
Part 5--Gambling Legislation
s. 13
TABLE
Column 1 Column 2
Maximum amount of
commission (as a
percentage of the total
amount invested in each
Type of totalisator totalisator)
Place 14·25%
Win 14·50%
Duet 14·50%
Quinella 14·75%
Exacta 16·50%
Double 17·00%
Quaddie 20·00%
Trifecta 20·00%
First 4 22·50%
Mystery 6 25·00%
(3) A reference in the table to a totalisator is a
reference to the totalisator of that name as
defined in the betting rules that were made
5 on 27 February 2007 and came into
operation on 27 March 2007.
(4) This clause has effect despite anything to the
contrary in section 4.2.5, 4.4.8 or 4.6.1.".
561141B.I-1/5/2007 16 BILL LA INTRODUCTION 1/5/2007
State Taxation and Gambling Legislation Amendment (Budget Measures)
Bill 2007
Part 5--Gambling Legislation
s. 14
14 Health benefit levy--Casino Control Act 1991
(1) In the formula set out in section 114A(1) of the See:
Act No.
Casino Control Act 1991, for "$3033.33" 47/1991.
substitute "$4333.33". Reprint No. 7
as at
5 April 2006
5 (2) For section 114A(5) of the Casino Control Act and
1991 substitute-- amending
Act Nos
"(5) Subsection (1) as amended by section 14(1) 24/2006 and
79/2006.
of the State Taxation and Gambling LawToday:
Legislation Amendment (Budget www.
legislation.
10 Measures) Act 2007 applies to the health vic.gov.au
benefit levy for the financial year beginning
on 1 July 2007 and each subsequent financial
year.".
__________________
561141B.I-1/5/2007 17 BILL LA INTRODUCTION 1/5/2007
State Taxation and Gambling Legislation Amendment (Budget Measures)
Bill 2007
Part 6--Repeal of amending Act
s. 15
PART 6--REPEAL OF AMENDING ACT
15 Repeal of Act
This Act is repealed on 1 January 2009.
561141B.I-1/5/2007 18 BILL LA INTRODUCTION 1/5/2007
State Taxation and Gambling Legislation Amendment (Budget Measures)
Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561141B.I-1/5/2007 19 BILL LA INTRODUCTION 1/5/2007
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