AUSTRALIA Law and Practice Contributed by: Jamie Nettleton, Samuel Gauci and James Dommett, Addisons
• whether persons were actually induced by the advertisement (ie, whether they signed up for an account); • the offending history/record of the publisher; and • the number of people in NSW who viewed the advertisement. A separate penalty may be imposed for each separate publication and, therefore, a separate breach. Recent- ly, amendments have been made to the relevant stat - ute to permit the LGNSW to issue fines in respect of advertising breaches. Penalties for an advertising breach under the IGA are imposed following civil or criminal court proceedings, and the amount of the penalty is determined by the court in accordance with the amount of the penalty under the relevant provision of the IGA. Following the various casino inquiries that found that each of the relevant casinos acted in an inappropriate manner, amendments were made to relevant legisla- tion to provide for a substantial increase in penalties. Fines of up to AUD100 million may now be imposed (and have been). Fines have been issued in NSW for breaches of adver- tising prohibitions (see 9.5 Sanctions/Penalties ).
agreement with the previous NSW government, will result in a gradual tax increase. The applicable tax is: • 20.91% from 1 July 2023 to 30 June 2024; • 21.91% from 1 July 2024 to 30 June 2027; and • 22.91% from 1 July 2027 to 30 June 2030. From 1 July 2030, the following tiered tax rate will apply: • 0% on gaming machines with less that AUD2,666 average poker machine revenue; • 37.6% on gaming machines with AUD2,666 to AUD6,667 average poker machine revenue; • 42.1% on gaming machines with AUD6,667 to AUD12,500 average poker machine revenue; and • 51.6% on gaming machines with over AUD12,500 average poker machine revenue. This updated agreement includes obligations on The Star to: • maintain more than 3,000 jobs for the next six years; • participate in the NSW cashless gaming trial; and • ensure all gaming machines in The Star are cash- less by 30 August 2024. Under the Lotteries Regulation 2007 (Queensland), the lottery tax payable is 73.48% of the lottery operator’s gross monthly revenue minus the lower of: • the global GST amount; or • the gross tax amount for the month. Victoria The following applies in Victoria. • Under the Gambling Taxation Act 2023 (Victoria), the tax payable by online keno operators is 24.24% on net keno revenue in respect of that month. • Under the Gambling Regulation Act 2003 (Victoria), the lottery tax payable by the lottery operator is: (a) 79.4% of the player loss in respect of supplies on which GST is payable; and Lotteries tax Queensland
12. Tax 12.1 Tax Rate by Sector Land-Based Gambling
The rate of gambling tax payable by operators varies depending on the state and/or territory in which the operator is licensed, and on the type of land-based gambling activity being provided. For an indication of the tax rates, reference is made to the following
examples. Casino tax New South Wales
The Star Entertainment Group (“The Star”) and the NSW government reached an updated agree- ment regarding gaming taxes applicable on gaming machines. The updated agreement, which amends the
55 CHAMBERS.COM
Powered by FlippingBook