National Gambling Reform (Related Matters) Act (No. 2) 2012
No. 190, 2012
An Act to impose a gaming machine regulation 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 gaming machine regulation levy
6 Amount of gaming machine regulation levy
7 Regulations
National Gambling Reform (Related Matters) Act (No. 2) 2012
No. 190, 2012
An Act to impose a gaming machine regulation 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. 2) 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. 1) 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Note: This table relates only to the provisions of this Act as originally enacted.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 gaming machine regulation levy
Gaming machine regulation levy payable in accordance with section 85 of the National Gambling Reform Act 2012 is imposed.
6 Amount of gaming machine regulation levy
(1) The amount of gaming machine regulation levy for a gaming machine for a levy period is worked out using the following formula:
Allowable reductions
(2) The allowable reductions for a gaming machine for a levy period are the total of any amounts worked out in relation to the gaming machine in accordance with the regulations, to the extent that those amounts are attributable to that period.
When gaming machine revenue is a negative amount
(3) If the gaming machine revenue from a gaming machine for a levy period is a negative amount, then the amount of the gaming machine regulation levy is taken to be nil.
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. 2) 2012 was enacted by the Parliament of Australia to impose a gaming machine regulation levy in relation to gaming machines, addressing a specific gap in the regulatory framework surrounding gambling activities in Australia. The Act seeks to generate additional revenue for the regulation of gaming machines, ensuring that adequate funds are available to support the enforcement and monitoring of gaming activities. This legislative measure was introduced as a supplementary Act to the National Gambling Reform Act 2012, with the overarching policy objective of enhancing the regulatory oversight of gaming machines and ensuring the sustainability of the regulatory framework.
The Act binds the Crown and incorporates expressions from the National Gambling Reform Act 2012, ensuring consistency in the interpretation and application of key terms. The Act imposes a gaming machine regulation levy, the amount of which is determined using a specific formula outlined within the legislation. This levy is intended to provide a dedicated funding source for the regulation of gaming machines, allowing for more effective enforcement and monitoring activities. The Governor-General has the authority to make regulations necessary or convenient for carrying out or giving effect to the Act, thereby providing flexibility in the implementation of the levy and other related matters.
Scope and Application
The National Gambling Reform (Related Matters) Act (No. 2) 2012 is a piece of Commonwealth legislation that applies to entities involved in the operation of gaming machines across Australia. The Act imposes a gaming machine regulation levy on these entities as part of broader gambling reforms. It specifically targets those who own, operate, or have control over gaming machines, thereby affecting industries such as casinos, pubs, clubs, and other venues that host such machines. The geographic reach of the Act is national, applying uniformly across all states and territories in Australia. The Act binds the Crown in each of its capacities, ensuring that the levy applies to government entities as well as private operators. While the Act itself establishes the framework for the levy, it allows for the creation of subordinate regulations to prescribe the necessary details for its implementation and enforcement. Any exclusions, exemptions, or thresholds are to be defined through these regulations, which are made by the Governor-General.
Key Provisions
The National Gambling Reform (Related Matters) Act (No. 2) 2012, which imposes a gaming machine regulation levy in relation to gaming machines, contains several key sections. Section 5 imposes the levy, which is payable in accordance with section 85 of the National Gambling Reform Act 2012. Section 6 specifies the formula for calculating the amount of the levy, with allowable reductions detailed in subsection (2) and a provision for the levy to be nil if the gaming machine revenue is a negative amount in subsection (3). Finally, Section 7 allows the Governor-General to make regulations necessary or convenient to carry out the Act.
Under the Act, several obligations and requirements are imposed on the parties or entities it governs. The primary obligation is to pay the gaming machine regulation levy as specified in Section 5. The calculation of the levy amount, including allowable reductions, is detailed in Section 6. Additionally, the Act mandates that the Crown is bound by its provisions, as outlined in Section 3. The Act also incorporates expressions from the National Gambling Reform Act 2012, meaning that terms used in both Acts have the same meaning, as per Section 4.
Breach of the obligations and requirements under the National Gambling Reform (Related Matters) Act (No. 2) 2012 can lead to several consequences. Failure to pay the gaming machine regulation levy as required by Section 5 may result in financial penalties or legal action. Additionally, any failure to adhere to the calculation and payment obligations set out in Sections 5 and 6 could also result in penalties or enforcement actions by relevant authorities. The Act does not explicitly state the maximum penalties for breaches, but it is likely that these would be determined by the broader regulatory framework governing gaming machine regulation in Australia.