State Taxation and Gambling Legislation
Amendment (Budget Measures) Act 2007
No. 22 of 2007
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
1
Purpose
Commencement
1
2
PART 2—CONGESTION LEVY ACT 2005
3
Temporary levy reduction
3
PART 3—DUTIES ACT 2000
4
5
5
Motor vehicle duty
New clause 25 inserted in Schedule 2
25
State Taxation and Gambling Legislation
Amendment (Budget Measures) Act 2007
PART 4—LAND TAX ACT 2005
6
7
8
11
12
5
6
6
7
Special land tax
Reduction in land tax rates
New clause 11 inserted in Schedule 3
11
State Taxation and Gambling Legislation
Amendment (Budget Measures) Act 2007—
special land tax
PART 5—GAMBLING LEGISLATION
9
10
3
Maximum commission for totalisators on wagering events
New section 4.4.8 substituted
4.4.8 Commissions
New section 4.6.1 substituted
4.6.1 Commissions
Health benefit levy—Gambling Regulation Act 2003
i
7
7
12
12
13
13
14
14
14
14
15
Section
13
14
Page
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
Health benefit levy—Casino Control Act 1991
15
17
PART 6—REPEAL OF AMENDING ACT
15
Repeal of Act
18
18
═══════════════
ENDNOTES
19
ii
Victoria
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;
1
State Taxation and Gambling Legislation Amendment (Budget Measures)
Act 2007
No. 22 of 2007
s. 2
Part 1—Preliminary
(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.
__________________
2
State Taxation and Gambling Legislation Amendment (Budget Measures)
Act 2007
No. 22 of 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
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
3
See:
Act No.
74/2005
and
amending
Act No.
74/2006.
LawToday:
www.
legislation.
vic.gov.au
State Taxation and Gambling Legislation Amendment (Budget Measures)
Act 2007
No. 22 of 2007
s. 3
Part 2—Congestion Levy Act 2005
bank of the Yarra River to the point of
commencement.".
__________________
4
State Taxation and Gambling Legislation Amendment (Budget Measures)
Act 2007
No. 22 of 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
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
5
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.
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State Taxation and Gambling Legislation Amendment (Budget Measures)
Act 2007
No. 22 of 2007
s. 5
Part 3—Duties Act 2000
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).".
__________________
6
State Taxation and Gambling Legislation Amendment (Budget Measures)
Act 2007
No. 22 of 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
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";
7
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
State Taxation and Gambling Legislation Amendment (Budget Measures)
Act 2007
No. 22 of 2007
s. 7
Part 4—Land Tax Act 2005
(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
Column 1
Taxable
value not
less than
Column 2
Taxable
value less
than
$
$
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
Item
Column 3
Rate of land tax
$22 480 and 25%
of the taxable
value that exceeds
$2 700 000
".
8
State Taxation and Gambling Legislation Amendment (Budget Measures)
Act 2007
No. 22 of 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";
(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
Column 1
Taxable
value not
less than
Column 2
Taxable
value less
than
$
$
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
Item
9
Column 3
Rate of land tax
State Taxation and Gambling Legislation Amendment (Budget Measures)
Act 2007
No. 22 of 2007
s. 7
Part 4—Land Tax Act 2005
Column 1
Taxable
value not
less than
Column 2
Taxable
value less
than
$
$
5
1 620 000
2 700 000
6
2 700 000
Item
Column 3
Rate of land tax
$8440 and 13%
of the taxable
value that exceeds
$1 620 000
$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.
10
State Taxation and Gambling Legislation Amendment (Budget Measures)
Act 2007
No. 22 of 2007
Part 4—Land Tax Act 2005
s. 7
TABLE 3.3
Column 1
Taxable
value not
less than
Column 2
Taxable
value less
than
$
$
1
0
20 000
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
Item
Column 3
Rate of land tax
Nil
$22 480 and 25%
of the taxable
value that exceeds
$2 700 000
".
11
State Taxation and Gambling Legislation Amendment (Budget Measures)
Act 2007
No. 22 of 2007
s. 8
Part 4—Land Tax Act 2005
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).".
__________________
12
State Taxation and Gambling Legislation Amendment (Budget Measures)
Act 2007
No. 22 of 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
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.".
13
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
State Taxation and Gambling Legislation Amendment (Budget Measures)
Act 2007
No. 22 of 2007
s. 10
Part 5—Gambling Legislation
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).".
14
State Taxation and Gambling Legislation Amendment (Budget Measures)
Act 2007
No. 22 of 2007
Part 5—Gambling Legislation
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.
15
s. 12
State Taxation and Gambling Legislation Amendment (Budget Measures)
Act 2007
No. 22 of 2007
s. 13
Part 5—Gambling Legislation
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.".
16
State Taxation and Gambling Legislation Amendment (Budget Measures)
Act 2007
No. 22 of 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
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.".
__________________
17
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
State Taxation and Gambling Legislation Amendment (Budget Measures)
Act 2007
No. 22 of 2007
s. 15
Part 6—Repeal of amending Act
PART 6—REPEAL OF AMENDING ACT
15 Repeal of Act
This Act is repealed on 1 January 2009.
═══════════════
18
State Taxation and Gambling Legislation Amendment (Budget Measures)
Act 2007
No. 22 of 2007
Endnotes
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."
19