State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007

i State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 No. 22 of 2007 TABLE OF PROVISIONS Section 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 -- 1 of 21 -- Section Page ii 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 -- 2 of 21 -- 1 State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 † No. 22 of 2007 [Assented to 12 June 2007] 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 temporary levy reduction in part of the levy area; Victoria -- 3 of 21 -- Part 1—Preliminary State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 No. 22 of 2007 2 (b) the Duties Act 2000 to reduce the rate of duty on the registration of new vehicles; (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 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 (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. (3) Part 5 comes into operation on 1 July 2007. (4) Section 6(2) comes into operation on 1 January 2008. __________________ s. 2 -- 4 of 21 -- Part 2—Congestion Levy Act 2005 State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 No. 22 of 2007 3 PART 2—CONGESTION LEVY ACT 2005 3 Temporary levy reduction After section 10(3) of the Congestion Levy Act 2005 insert— "(4) Despite anything to the contrary in this section, the amount of the levy for 2007 and 2008 for each leviable parking space in the temporary area is $400 per year. (5) A person who has paid an amount as levy on 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 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. (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 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 (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 s. 3 See: Act No. 74/2005 and amending Act No. 74/2006. LawToday: www. legislation. vic.gov.au -- 5 of 21 -- Part 2—Congestion Levy Act 2005 State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 No. 22 of 2007 4 bank of the Yarra River to the point of commencement.". __________________ s. 3 -- 6 of 21 -- Part 3—Duties Act 2000 State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 No. 22 of 2007 5 PART 3—DUTIES ACT 2000 4 Motor vehicle duty For section 218(1)(a) and (ab) of the Duties Act 2000 substitute— "(a) on an application for registration of a motor vehicle that has not previously been registered in Victoria or elsewhere— (i) for a passenger car the dutiable value of which exceeds $57 009—$10 per $200, or part, of the dutiable value of the motor vehicle; (ii) in any other case—$5 per $200, or part, of the dutiable value of the motor vehicle; (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 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 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 (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 s. 4 See: Act No. 79/2000. Reprint No. 5 as at 10 February 2006 and amending Act Nos 38/2006, 84/2006 and 86/2006. LawToday: www. legislation. vic.gov.au -- 7 of 21 -- Part 3—Duties Act 2000 State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 No. 22 of 2007 6 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 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 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 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. (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).". __________________ s. 5 -- 8 of 21 -- Part 4—Land Tax Act 2005 State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 No. 22 of 2007 7 PART 4—LAND TAX ACT 2005 6 Special land tax (1) Sections 30(1)(a) and 30(1)(b) of the Land Tax Act 2005 are repealed. (2) In section 30(2)(a) of the Land Tax Act 2005, for "$199 999" substitute "$224 999". (3) After section 30(3) of the Land Tax Act 2005 insert— "(4) Special land tax is not imposed if the land ceases to be exempt land only because— (a) the land vests in an authority that acquires it under a compulsory acquisition law; or (b) an authority that is acquiring the land 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 compulsory acquisition law; compulsory acquisition law means a law of Victoria or the Commonwealth that provides for the compulsory acquisition of land.". 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"; (b) in the heading to clause 1.2 omit "and subsequent years"; s. 6 See: Act No. 88/2005. Reprint No. 1 as at 1 January 2006 and amending Act Nos 23/2006, 38/2006, 63/2006, 84/2006 and 85/2006. LawToday: www. legislation. vic.gov.au -- 9 of 21 -- Part 4—Land Tax Act 2005 State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 No. 22 of 2007 8 (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". (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. TABLE 1.3 Item Column 1 Taxable value not less than Column 2 Taxable value less than Column 3 Rate of land tax $ $ 1 0 225 000 Nil 2 225 000 540 000 $250 and 0⋅2% of the taxable value that exceeds $225 000 3 540 000 900 000 $880 and 0⋅5% of the taxable value that exceeds $540 000 4 900 000 1 620 000 $2680 and 0⋅8% of the taxable value that exceeds $900 000 5 1 620 000 2 700 000 $8440 and 1⋅3% of the taxable value that exceeds $1 620 000 6 2 700 000 $22 480 and 2⋅5% of the taxable value that exceeds $2 700 000 ". s. 7 -- 10 of 21 -- Part 4—Land Tax Act 2005 State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 No. 22 of 2007 9 (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"; (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 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 year is set out in Table 2.2. TABLE 2.2 Item Column 1 Taxable value not less than Column 2 Taxable value less than Column 3 Rate of land tax $ $ 1 0 225 000 Nil 2 225 000 540 000 $250 and 0⋅2% of the taxable value that exceeds $225 000 3 540 000 900 000 $880 and 0⋅5% of the taxable value that exceeds $540 000 4 900 000 1 620 000 $2680 and 0⋅8% of the taxable value that exceeds $900 000 s. 7 -- 11 of 21 -- Part 4—Land Tax Act 2005 State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 No. 22 of 2007 10 Item Column 1 Taxable value not less than Column 2 Taxable value less than Column 3 Rate of land tax $ $ 5 1 620 000 2 700 000 $8440 and 1⋅3% 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"; (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 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. s. 7 -- 12 of 21 -- Part 4—Land Tax Act 2005 State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 No. 22 of 2007 11 TABLE 3.3 Item Column 1 Taxable value not less than Column 2 Taxable value less than Column 3 Rate of land tax $ $ 1 0 20 000 Nil 2 20 000 225 000 $75 and 0⋅375% of the taxable value that exceeds $20 000 3 225 000 540 000 $844 and 0⋅575% of the taxable value that exceeds $225 000 4 540 000 900 000 $2655 and 0⋅875% of the taxable value that exceeds $540 000 5 900 000 1 620 000 $5805 and 1⋅175% of the taxable value that exceeds $900 000 6 1 620 000 2 700 000 $14 265 and 0⋅76% of the taxable value that exceeds $1 620 000 7 2 700 000 $22 480 and 2⋅5% of the taxable value that exceeds $2 700 000 ". s. 7 -- 13 of 21 -- Part 4—Land Tax Act 2005 State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 No. 22 of 2007 12 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 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. (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) 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 given in section 30(5).". __________________ s. 8 -- 14 of 21 -- Part 5—Gambling Legislation State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 No. 22 of 2007 13 PART 5—GAMBLING LEGISLATION 9 Maximum commission for totalisators on wagering events (1) After section 4.2.5(2) of the Gambling Regulation Act 2003 insert— "(2A) Betting rules under subsection (1)(a) must specify the maximum amount (whether expressed as a percentage or otherwise) that may be deducted as commission out of the total amount invested in each totalisator to which the rules relate. (2B) The maximum amount of commission specified in betting rules referred to in subsection (2A) cannot exceed 25% of the total amount invested in the relevant totalisator. (2C) Despite anything to the contrary in this section, a betting rule that specifies a maximum amount that may be deducted as commission referred to in subsection (2A) 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.". (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 maximum amount that may be deducted as commission out of the total amount invested in each totalisator to which the rule relates.". s. 9 See: Act No. 114/2003. Reprint No. 1 as at 21 July 2005 and amending Act Nos 16/2004, 104/2004, 18/2005, 22/2005, 92/2005, 98/2005, 7/2006, 23/2006, 24/2006, 32/2006, 48/2006, 54/2006, 79/2006 and 80/2006. LawToday: www. legislation. vic.gov.au -- 15 of 21 -- Part 5—Gambling Legislation State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 No. 22 of 2007 14 10 New section 4.4.8 substituted For section 4.4.8 of the Gambling Regulation Act 2003 substitute— "4.4.8 Commissions 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 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 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 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 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 cannot exceed 25% of the total amount invested in the totalisator—see section 4.2.5(2B).". s. 10 -- 16 of 21 -- Part 5—Gambling Legislation State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 No. 22 of 2007 15 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". (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 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 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 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 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 is the amount set out in column 2 of the following table opposite the totalisator referred to in column 1. s. 12 -- 17 of 21 -- Part 5—Gambling Legislation State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 No. 22 of 2007 16 TABLE Column 1 Type of totalisator Column 2 Maximum amount of commission (as a percentage of the total amount invested in each 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 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.". s. 13 -- 18 of 21 -- Part 5—Gambling Legislation State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 No. 22 of 2007 17 14 Health benefit levy—Casino Control Act 1991 (1) In the formula set out in section 114A(1) of the Casino Control Act 1991, for "$3033.33" substitute "$4333.33". (2) For section 114A(5) of the Casino Control Act 1991 substitute— "(5) Subsection (1) as amended by section 14(1) of the State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 applies to the health benefit levy for the financial year beginning on 1 July 2007 and each subsequent financial year.". __________________ See: Act No. 47/1991. Reprint No. 7 as at 5 April 2006 and amending Act Nos 24/2006 and 79/2006. LawToday: www. legislation. vic.gov.au s. 14 -- 19 of 21 -- Part 6—Repeal of amending Act State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 No. 22 of 2007 18 PART 6—REPEAL OF AMENDING ACT 15 Repeal of Act This Act is repealed on 1 January 2009. ═══════════════ s. 15 -- 20 of 21 -- State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 No. 22 of 2007 19 ENDNOTES † Minister's second reading speech— Legislative Assembly: 2 May 2007 Legislative Council: 23 May 2007 The long title for the Bill for this Act was "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 2007–08 State budget and for other purposes." Endnotes -- 21 of 21 --