National Gambling Reform (Related Matters) Act (No. 1) 2012
No. 189, 2012
An Act to impose a supervisory levy in relation to gaming machines, and for related purposes
Contents
1 Short title
2 Commencement
3 Act binds the Crown
4 Expressions from the National Gambling Reform Act 2012
5 Imposition of supervisory levy
6 Amount of supervisory levy
7 Regulations
National Gambling Reform (Related Matters) Act (No. 1) 2012
No. 189, 2012
An Act to impose a supervisory levy in relation to gaming machines, and for related purposes
[Assented to 11 December 2012]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the National Gambling Reform (Related Matters) Act (No. 1) 2012.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 11 December 2012 |
2. Sections 3 to 7 | The latest of the following times: (a) the same time as the National Gambling Reform Act 2012 commences; (b) the same time as section 2 of the National Gambling Reform (Related Matters) Act (No. 2) 2012 commences; (c) the start of the day this Act receives the Royal Assent. However, the provision(s) do not commence at all if the events mentioned in paragraphs (a) and (b) do not occur. | 12 December 2012 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Act binds the Crown
This Act binds the Crown in each of its capacities.
4 Expressions from the National Gambling Reform Act 2012
An expression used in this Act that is also used in the National Gambling Reform Act 2012 has the same meaning as in that Act.
5 Imposition of supervisory levy
Supervisory levy payable in accordance with section 83 of the National Gambling Reform Act 2012 is imposed.
6 Amount of supervisory levy
The amount of supervisory levy for a gaming machine for a levy period is the amount worked out in accordance with a method prescribed by the regulations.
Note 1: The regulations may prescribe different methods in relation to different classes of persons (see subsection 33(3A) of the Acts Interpretation Act 1901).
Note 2: The total amount of supervisory levy that is payable in relation to the levy periods in a calendar year must not be more than an amount determined by the Minister under section 84A of the National Gambling Reform Act 2012.
7 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
[Minister’s second reading speech made in—
House of Representatives on 1 November 2012
Senate on 29 November 2012]
Overview
The National Gambling Reform (Related Matters) Act (No. 1) 2012 was enacted by the Parliament of Australia to introduce a supervisory levy on gaming machines, complementing the broader objectives of the National Gambling Reform Act 2012. The Act aims to provide a means of generating revenue through a levy imposed on gaming machines, thereby addressing financial gaps and supporting the regulation and oversight of gambling activities within Australia. The policy objective behind the Act is to impose a supervisory levy as a financial mechanism to support the regulatory framework established by the National Gambling Reform Act 2012, ensuring adequate funding for the supervision and regulation of gaming machines across the country.
Scope and Application
The National Gambling Reform (Related Matters) Act (No. 1) 2012 is a legislative instrument designed to impose a supervisory levy on gaming machines, complementing the broader objectives of the National Gambling Reform Act 2012. This Act applies to entities operating gaming machines within the Commonwealth of Australia and binds the Crown in all its capacities. It specifically targets the levy mechanism as outlined in section 83 of the National Gambling Reform Act 2012, establishing a regulatory framework to ensure compliance and oversight in the gaming industry. The Act provides flexibility through regulations, which the Governor-General may enact to prescribe various matters necessary for the effective implementation of the supervisory levy. These regulations can vary the methods for calculating the levy for different classes of persons, ensuring a tailored approach to compliance while adhering to the overall statutory framework.
Key Provisions
The National Gambling Reform (Related Matters) Act (No. 1) 2012 imposes a supervisory levy on gaming machines and sets out related provisions. Section 5 of the Act imposes this levy in accordance with section 83 of the National Gambling Reform Act 2012, while section 6 specifies that the amount of this levy is determined by a method prescribed in the regulations. This Act binds the Crown in all its capacities as per section 3, ensuring that the Crown is subject to the provisions of the Act.
Entities and parties governed by this Act have specific obligations and requirements. As per section 5, they must pay the supervisory levy on gaming machines as stipulated. The amount of this levy is prescribed by regulations under section 6, and any such regulations must ensure the total amount payable does not exceed the limit determined by the Minister under section 84A of the National Gambling Reform Act 2012. Furthermore, the Governor-General has the authority to make regulations necessary or convenient for the Act's execution under section 7.
Failure to comply with the Act's requirements may lead to various consequences. Although the specific offences, penalties, or civil and criminal consequences for breach are not detailed in the provided excerpt, the Act likely incorporates provisions for enforcement. Typically, breaches of such legislative requirements can result in penalties that may include fines, legal action, or other civil or criminal sanctions, depending on the severity and intent of the breach. The maximum penalties would be specified within the regulations or other relevant legal frameworks, which are not detailed in this excerpt but would be integral to the Act's enforcement.