An Act to amend the Betting Tax Act 2018, the Payroll Tax Act 1971, the Racing Act 2002, the Racing Regulation 2013 and the Revenue Legislation Amendment Act 2022 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Betting Tax and Other Legislation Amendment Act 2022.
(1)Parts 2, 4 and 5 commence on 1 December 2022.(2)Part 3 commences on 1 January 2023, immediately after the commencement of the Revenue Legislation Amendment Act 2022, part 8, division 3.
Part 2 Amendment of Betting Tax Act 2018
This part amends the Betting Tax Act 2018.
4Amendment of s 24 (Meaning of taxable wagering revenue)
Section 24(3)(b), ‘section 28(3)’—
omit, insert—section 28(2)
4A Amendment of s 25 (Particular payments excluded in working out total eligible payments)
Section 25(3)—
omit.
4B Amendment of s 26 (Amounts for totalisator bets)
Section 26(2)—
omit, insert—(2)For section 24(3)(a), the amount is the total of any amounts paid by the betting operator during the period, as an additional dividend to the dividend payable out of a totalisator pool, to a person who made a Queensland totalisator bet with the betting operator.
5Amendment of s 28 (Amounts for general bets)
(1)Section 28(2)—
omit.(2)Section 28(3)—
renumber as section 28(2).
6Amendment of s 29 (Amount of bet generally)
Section 29(2)—
omit, insert—(2)Without limiting subsection (1), the amount of a bet that is a free bet includes the monetary value of the free component of the bet.
After part 6—
insert—59A Meaning of betting tax revenue
(1)The betting tax revenue, for a financial year, is the amount worked out by—(a)adding the amounts mentioned in subsection (2); and(b)deducting, from the amount worked out under paragraph (a), the total of the amounts mentioned in subsection (3).(2)For subsection (1)(a), the amounts are—(a)the total amount of all liability for betting tax determined under assessments made during the financial year; and(b)all amounts of unpaid tax interest that accrues in relation to unpaid betting tax during the financial year; and(c)all amounts of penalty tax included in assessments of liability for betting tax made during the financial year.(3)For subsection (1)(b), the amounts are—(a)all amounts for which an entitlement to a refund arises under section 37 or 41 during the financial year; and(b)all betting tax amounts for which an entitlement to a refund arises under the Taxation Administration Act 2001, part 4, division 2 during the financial year; and(c)the amount of all relevant tax law liabilities the payment of which is waived under the Taxation Administration Act 2001, section 43 during the financial year; and(d)the amount of all relevant tax law liabilities written off as mentioned in the Taxation Administration Act 2001, section 44 during the financial year; and(e)all amounts of relevant penalty tax or relevant unpaid tax interest remitted under the Taxation Administration Act 2001, section 59 or 60 during the financial year; and(f)all amounts of interest paid on relevant overpaid amounts under the Taxation Administration Act 2001, section 61 or 61A during the financial year.(4)Words and expressions used in this section and the Taxation Administration Act 2001 have the same meaning in this section as they have in that Act.(5)In this section—betting tax amount means an amount paid under a tax law in relation to a liability for betting tax.relevant, in relation to a tax law liability, penalty tax, unpaid tax interest or overpaid amount, means in relation to a liability for betting tax.59B Payment of amounts to board
(1)The Treasurer must, for each financial year in which assessments are made of betting operators’ liability for betting tax, pay the board an amount equal to 80% of the betting tax revenue for the financial year.(2)The amount payable under subsection (1) for a financial year is to be paid in 4 instalments as provided under this section.(3)Each instalment for the financial year—(a)is to be paid as soon as practicable after the end of each quarter in the financial year; and(b)may be based on an estimate of the betting tax revenue for the financial year.(4)However, if the board has been overpaid or underpaid for the financial year, the Treasurer must, as the case requires—(a)deduct an amount from the next instalment payable under this section; or(b)pay an additional amount with the next instalment payable under this section.(5)Amounts payable under this section are to be paid out of amounts paid under an appropriation Act to the department in which the Racing Act 2002 is administered.(6)The Treasurer’s obligation under subsection (1) for a financial year is discharged to the extent of the amounts paid under subsection (5) for the financial year.(7)In this section—appropriation Act see the Financial Accountability Act 2009, schedule 3.board means the entity continued in existence under the Racing Act 2002, section 6 under the name Racing Queensland Board.quarter, in a financial year, means any of the following periods in the financial year—(a)1 July to 30 September;(b)1 October to 31 December;(c)1 January to 31 March;(d)1 April to 30 June.
8Insertion of new pt 8, div 1, hdg
Before section 66—
insert—
9Amendment of s 66 (Definition for part)
Section 66, ‘part’—
omit, insert—division
10Insertion of new pt 8, div 2
Part 8—
insert—In this division—2022–2023 financial year means the financial year starting on 1 July 2022.69ATaxable wagering revenue for 2022–2023 financial year or part of financial year
(1)This section applies for working out the taxable wagering revenue of a betting operator for a period that consists of—(a)the 2022–2023 financial year; or(b)a part of the 2022–2023 financial year.(2)New part 2, division 2, subdivision 2 applies only in relation to the part of the period, if any, that is after the commencement.(3)Former part 2, division 2, subdivision 2 continues to apply in relation to the part of the period, if any, that is before the commencement as if the Betting Tax and Other Legislation Amendment Act 2022 had not commenced.(4)In this section—former, for a provision of this Act, means the provision as in force from time to time before the commencement.new, for a provision of this Act, means the provision as in force from the commencement.70Annual liability for 2022–2023 financial year
This Act applies in relation to the 2022–2023 financial year as if the reference in section 35, definition annual betting tax amount, paragraph (b) to the taxing rate were a reference to 17.9%.71Final liability for particular final periods in 2022–2023 financial year
(1)This Act applies in relation to a relevant final period as if the reference in section 39, definition adjusted betting tax amount, paragraph (b) to the taxing rate were a reference to the adjusted taxing rate.(2)In this section—adjusted taxing rate means the percentage, worked out using the following formula, rounded to the nearest 2 decimal places (rounding one-half upwards)—
where—A means the adjusted taxing rate.D means the number of days in the relevant final period.relevant final period means a final period—(a)starting on 1 July 2022; and(b)ending during the 2022–2023 financial year, on or after 1 December 2022.See section 16 for when a final period starts and ends.72Payment of amounts to Racing Queensland Board for 2022–2023 financial year
(1)Section 59B applies in relation to the 2022–2023 financial year as if—(a)the reference in section 59B(1) to betting tax revenue for the financial year were a reference to the adjusted betting tax revenue for the 2022–2023 financial year; and(b)the reference in section 59B(2) to 4 instalments were a reference to 2 instalments; and(c)section 59B(7), definition quarter, paragraphs (a) and (b) were omitted; and(d)the reference in section 59B(7), definition quarter, paragraph (c) to 1 January were a reference to 1 December.(2)In this section—adjusted betting tax revenue, for the 2022–2023 financial year, means the amount worked out using the following formula, rounded to the nearest cent (rounding one-half upwards)—
where—A means the adjusted betting tax revenue for the 2022–2023 financial year.R means the betting tax revenue for the 2022–2023 financial year.
11Amendment of sch 1 (Dictionary)
(1)Schedule 1, definition taxing rate—
omit.(2)Schedule 1—
insert—betting tax revenue, for a financial year, see section 59A.racing levy rate means 5%.taxing rate means the rate that is the total of—(a)either—(i)the rate, of not more than 15%, prescribed by regulation; or(ii)if a rate is not prescribed under subparagraph (i)—15%; and(b)the racing levy rate.
Part 3 Amendment of Payroll Tax Act 1971
This part amends the Payroll Tax Act 1971.
13Amendment of s 5 (Meaning of change of status)
Section 5, note—
omit, insert—1If an employer who is not a group member changes status, the employer is required to lodge a final return for, and pay, payroll tax and the mental health levy for the final period.2If an employer who is the DGE for a group changes status, the DGE is required to lodge a final return for, and pay, payroll tax and the mental health levy for the final period.3If an employer who is a non-DGE group member changes status—(a)the employer is required to lodge a final return for, and pay, payroll tax for the final period; and(b)the DGE for the group is required to lodge a final return for, and pay, the mental health levy for the final period.
14Amendment of s 8 (Relationship of Act with Administration Act)
Section 8(1), after ‘tax’—
insert—or the mental health levy
15Amendment of s 8A (Application of sdiv 1)
Section 8A(1), after ‘tax’—
insert—and the mental health levy
16Amendment of s 9 (Wages liable to payroll tax—nexus with Queensland)
(1)Section 9, heading, after ‘tax’—
insert—and mental health levy
(2)Section 9(1) to (4), (6) and (7), after ‘tax’—
insert—and the mental health levy
17Amendment of s 9C (Place and day of payment of wages)
Section 9C(5), note, after ‘tax’—
insert—or the mental health levy
18Amendment of s 12A (Imposition of mental health levy on taxable wages)
Section 12A—
insert—(3)A reference in subsection (2) to amounts attributable to the levy does not include amounts of penalty tax or unpaid tax interest, a penalty amount under section 90 or an amount recovered because of the imposition of a penalty for an offence.
19Amendment of s 13 (Value of taxable wages)
(1)Section 13(1), after ‘kind’—
insert—by an employer
(2)Section 13(5), definition FBT rate, after ‘payroll tax’—
insert—or the mental health levy
20Amendment of s 13F (Liability for payroll tax for payments taken to be wages)
(1)Section 13F, heading, after ‘tax’—
insert—or mental health levy
(2)Section 13F—
insert—(1A)If a relevant contract employer pays the mental health levy on wages comprising a payment (the primary payment) in relation to the performance of work—(a)no other person is liable for the mental health levy on the primary payment; and(b)another person who is liable to pay wages comprising a payment (a secondary payment) in relation to the work is not liable for the mental health levy on the secondary payment.(1B)Subsection (2)(a) applies subject to part 2, divisions 5B and 5C.(3)Section 13F(2), after ‘Subsection (1)(b)’—
insert—or (2)(b)
(4)Section 13F(1A) to (2)—
renumber as section 13F(2) to (4).
21Amendment of s 13J (Amounts taken to be wages)
Section 13J(2)(a), after ‘tax’—
insert—or the mental health levy
22Amendment of s 13K (Liability for payroll tax for payments taken to be wages)
(1)Section 13K, heading, after ‘tax’—
insert—or mental health levy
(2)Section 13K(1)(b) and (2), after ‘tax’—
insert—or the mental health levy
(3)Section 13K(3), after ‘13LA’—
insert—and part 2, divisions 5B and 5C
23Amendment of s 13L (Employment agency contract reducing or avoiding liability to payroll tax)
(1)Section 13L, heading, after ‘tax’—
insert—or mental health levy
(2)Section 13L(1), after ‘tax’—
insert—or the mental health levy
(3)Section 13L—
insert—(1A)A reference in subsection (1) to a party to a contract includes, for a contract to which a non-DGE member of a group is a party, a reference to the DGE for the group.(4)Section 13L(1A) to (3)—
renumber as section 13L(2) to (4).
24Amendment of s 13LA (Particular avoidance arrangements involving employment agents)
(1)Section 13LA(1)(b), after ‘tax’—
insert—and levy
(2)Section 13LA(2)(c), after ‘tax’—
insert—or the mental health levy
(3)Section 13LA(4)(a), after ‘non-adjusted tax’—
insert—and levy
(4)Section 13LA(4)(a), after ‘payroll tax’—
insert—and the mental health levy
(5)Section 13LA(4)(b), after ‘adjusted tax’—
insert—and levy
(6)Section 13LA(4)(b), after ‘payroll tax’—
insert—and the mental health levy
25Amendment of s 13S (Automatic election of relevant day)
Section 13S(1)(c), after ‘tax’—
insert—or the mental health levy
26Amendment of s 13T (Effect of rescission or cancellation of share or option)
(1)Section 13T(3), after ‘tax’—
insert—and the mental health levy
(2)Section 13T—
insert—(3A)However, if the grantor is a non-DGE group member, subsection (3) applies as if a reference to making a reassessment of a grantor’s liability for the mental health levy were a reference to making a reassessment of the DGE’s liability for the mental health levy.(3)Section 13T(3A) to (5)—
renumber as section 13T(4) to (6).
27Amendment of s 14 (Exemption from payroll tax)
(1)Section 14, heading, after ‘tax’—
insert—and mental health levy
(2)Section 14(2), after ‘to payroll tax’—
insert—and the mental health levy
28Amendment of s 14A (Exemption for parental, adoption, surrogacy or cultural parent leave)
Section 14A(1), after ‘tax’—
insert—and the mental health levy
29Amendment of s 15 (Exemption from payroll tax—certain CWA wages)
(1)Section 15, heading, after ‘tax’—
insert—and mental health levy
(2)Section 15—
insert—(2A)For divisions 5A to 5C, CWA’s periodic levy liability, annual levy liability and final levy liability are nil.(3)Section 15(3), ‘subsection (2) does’—
omit, insert—subsections (2) and (3) do
(4)Section 15(4) and (5)—
omit, insert—(4)If subsection (4)(a) applies and subsection (4)(b) does not apply—(a)payroll tax payable is the amount bearing the same proportion to payroll tax payable on CWA’s taxable wages as CWA’s commercial wages bear to taxable wages before deducting the prescribed amount; and(b)CWA’s taxable wages are taken to include only CWA’s commercial wages for the purpose of determining CWA’s periodic levy liability, annual levy liability and final levy liability.(5)If subsection (4)(b) applies—(a)the annual amount of payroll tax payable by the members of the group must be reduced by an amount bearing the same proportion to the payroll tax payable as CWA’s taxable wages (other than CWA’s commercial wages) bear to the taxable wages paid or payable by the members of the group; and(b)CWA’s taxable wages are taken to include only CWA’s commercial wages for the purpose of determining—(i)CWA’s periodic levy liability; and(ii)the DGE’s annual levy liability and final levy liability.(5)Section 15(2A) to (8)—
renumber as section 15(3) to (9).
30Amendment of s 15A (Exemption for services performed or rendered entirely in another country)
Section 15A after ‘tax’—
insert—and the mental health levy
31Amendment of s 19 (Meaning of significant wage change)
Section 19(1)(b), ‘would’—
omit.
32Amendment of s 25 (Meaning of significant wage change)
Section 25(1), ‘would’—
omit.
33Amendment of s 29 (Definitions for sdiv 1)
Section 29(3), ‘if the person lodged, or was required under section 64 to lodge’—
omit, insert—if under section 64(2) the person lodged, or was required to lodge
34Amendment of s 30 (Amount of annual liability)
Section 30(2), ‘if the employer lodged, or was required under section 64 to lodge’—
omit, insert—if under section 64(2) the employer lodged, or was required to lodge
35Amendment of s 35A (Rebate for annual payroll tax amount)
Section 35A(3), ‘if the employer or DGE lodged under section 64, or was required under that section to lodge, one’—
omit, insert—if under section 64(2) the employer or DGE lodged, or was required to lodge, 1
36Amendment of s 36 (Application of sdiv 1)
Section 36(a), ‘section 64’—
omit, insert—section 64(2)
37Replacement of s 43E (Meaning of primary periodic threshold and additional periodic threshold)
Section 43E—
omit, insert—43EMeaning of primary periodic threshold and additional periodic threshold
(1)The commissioner may, by written notice given to an employer, determine—(a)the amount of the employer’s primary periodic threshold for a periodic return period; or(b)the amount of the employer’s additional periodic threshold for a periodic return period.(2)Subsection (1) does not apply for the last periodic return period of a financial year for the employer.(3)The primary periodic threshold for an employer for a periodic return period is—(a)if an amount has been determined under subsection (1)(a)—that amount; or(b)otherwise—the amount worked out on the most recent calculation day using the following formula—where—
A means the adjusted primary threshold for the employer for the current financial year.M means the number of months in the period.PPT means the primary periodic threshold for the employer for the periodic return period.(4)The additional periodic threshold for an employer for a periodic return period is—(a)if an amount has been determined under subsection (1)(b)—that amount; or(b)otherwise—the amount worked out on the most recent calculation day using the following formula—where—
A means the adjusted additional threshold for the employer for the current financial year.APT means the additional periodic threshold for the employer for the periodic return period.M means the number of months in the periodic return period.43EA Meaning of current financial year
The current financial year for a periodic return period is the financial year in which the periodic return period occurs.43EB Meaning of calculation day
(1)This section applies for working out an employer’s primary periodic threshold or additional periodic threshold, for a periodic return period, under section 43E.(2)Each of the following days is a calculation day—(a)1 July in the current financial year;(b)a day on which a change to the periodic return period takes effect under section 60;(c)if a relevant determination for the periodic return period has been made—a day that the relevant determination stops applying;(d)a day, in the current financial year, that the employer is first registered, or required to register, as an employer under part 3, division 1;(e)for an employer who is not a group member and who has paid, is liable to pay, or anticipates paying or being liable to pay, interstate wages during the current financial year—the last day of a periodic return period, in the current financial year, during which a significant wage change happens for the employer;(f)for an employer who stops being a group member in the current financial year—the first day that the employer pays, or becomes liable to pay, taxable wages other than as a group member;(g)for an employer who is a group member but is not the DGE for the group—the last day of a periodic return period, in the current financial year, during which the employer receives revised group wage information from the DGE for the group under section 88E;(h)for an employer who is the DGE for a group—the last day of a periodic return period, in the current financial year, during which—(i)a significant wage change happens for the group; or(ii)an employer becomes a member of the group (whether or not the employer had previously been a member of the group); or(iii)a non-DGE group member pays, or becomes liable to pay, taxable wages other than as a group member.(3)Subsection (2)(c) does not apply if, at the time the relevant determination stops applying, another relevant determination starts to apply.(4)In this section—relevant determination means—(a)in relation to an employer’s primary periodic threshold for a periodic return period—a determination under section 43E(1)(a); or(b)in relation to an employer’s additional periodic threshold for a periodic return period—a determination under section 43E(1)(b).43EC Meaning of significant wage change
(1)A significant wage change happens during a periodic return period for an employer or group if the previous estimated wages for the period differ by more than 30% from the current estimated wages for the period.(2)In this section—current estimated wages, in relation to a periodic return period, means—(a)for an employer—the total amount of the taxable wages and any interstate wages, for the current financial year, estimated by the employer at the end of the periodic return period; or(b)for a group—the total amount of the taxable wages and any interstate wages, for the current financial year, estimated by the members of the group at the end of the periodic return period.previous estimated wages, in relation to a periodic return period, means—(a)for an employer—the total amount of the taxable wages and any interstate wages, for the current financial year, estimated by the employer at the most recent of the following days—(i)the end of the previous periodic return period;(ii)the most recent calculation day for the periodic return period under section 43EB(2); or(b)for a group—the total amount of the taxable wages and any interstate wages, for the current financial year, estimated by the members of the group at the most recent of the following days—(i)the end of the previous periodic return period;(ii)the most recent calculation day for the periodic return period under section 43EB(2).
38Amendment of s 43F (Amount of periodic levy liability)
Section 43F—
insert—(4)There is no periodic levy liability for the last periodic return period of a financial year.1Under section 30(1)(a) of the Administration Act, an employer’s periodic levy liability for a periodic return period must be paid on the date the employer is required to lodge a periodic return for the period.2An employer may be required, under the Administration Act, to include assessed interest or penalty tax in an assessment of periodic levy liability.
39Amendment of s 43I (Definitions for division)
(1)Section 43I—
insert—relevant group employer, in relation to the DGE for a group, for a financial year, means an employer who was a member of the group for all or part of the financial year.(2)Section 43I, definition additional annual levy amount, formula, definition E, paragraph (b)—
omit, insert—(b)if the employer is the DGE for a group—the number of days in the financial year for which 1 or more relevant group employers paid, or were liable to pay, as members of the group taxable wages or interstate wages, or taxable wages and interstate wages.(3)Section 43I, definition primary annual levy amount, formula, definition E, paragraph (b)—
omit, insert—(b)if the employer is the DGE for a group—the number of days in the financial year for which 1 or more relevant group employers paid, or were liable to pay, as members of the group taxable wages or interstate wages, or taxable wages and interstate wages.
40Amendment of s 43J (Amount of annual levy liability)
(1)Section 43J(2) and (3)—
omit, insert—(2)Subsection (1) applies subject to subsections (3) to (7).(3)Subsection (4) applies if—(a)the employer is not a group member on 30 June in the financial year; and(b)under section 64(2) or (5), a person lodged, or was required to lodge, a final return for a final period during the financial year stating the person’s final levy liability or final levy refund amount for the final period; and(c)the stated final levy liability or final levy refund amount was calculated wholly or partly with reference to wages paid or payable by the employer during the final period (final levy return wages).(4)For working out the employer’s annual levy liability for the financial year—(a)the final levy return wages are not included in the wages paid or payable for the financial year; and(b)the part of the periodic levy liability amount attributable to the final levy return wages (the final levy return liability) is not included in the employer’s combined periodic liability for the financial year; and(c)the employer is taken not to have paid, or been liable to pay, wages for the days in the final period on which the employer paid, or was liable to pay, the final levy return wages.(5)Subsection (6) applies if—(a)the employer is the DGE for a group on 30 June in the financial year; and(b)under section 64(2) or (5), a person lodged, or was required to lodge, a final return for a final period during the financial year stating the person’s final levy liability or final levy refund amount for the final period; and(c)the stated final levy liability or final levy refund amount was calculated wholly or partly with reference to wages paid or payable by a person during the final period (final levy return wages).(6)For working out the DGE’s annual levy liability for the financial year—(a)the final levy return wages are not included in the wages paid or payable by members of the group for the financial year; and(b)the part of the periodic levy liability amount attributable to the final levy return wages (the final levy return liability) is not included in the DGE’s combined periodic liability for the financial year; and(c)the person mentioned in subsection (5)(c) is taken not to have paid, or been liable to pay, taxable wages or interstate wages, or taxable wages and interstate wages, as a member of the group for the days in the final period on which the person paid, or was liable to pay, the final levy return wages.(7)Subsections (2) to (6) do not apply in relation to a final period during the financial year if—(a)the commissioner makes an original assessment of the employer’s annual levy liability, other than under the Administration Act, section 14(a); and(b)the employer is not a group member on 30 June in the year; and(c)the employer was not a group member during the final period; and(d)the employer’s annual levy liability would be greater if the final levy return wages and final levy return liability for the final period were not included.(2)Section 43J, notes 1 and 2, ‘annual liability or’—
omit.
41Amendment of s 46 (Nomination by DGE of group members to share in excess deduction)
Section 46, ‘final return’—
omit, insert—a final return lodged under section 64(2)
42Amendment of s 49C (Nomination by DGE of group members to share in excess rebate)
Section 49C, ‘final return’—
omit, insert—a final return lodged under section 64(2)
43Amendment of s 50 (Arrangements for avoidance of tax may be disregarded)
Section 50(1), after ‘tax’—
insert—or the mental health levy
44Amendment of s 63 (Annual return)
Section 63(4)(a)—
omit, insert—(a)under section 64(2), lodged or was required to lodge a final return during the year; and
45Amendment of s 64 (Final return)
(1)Section 64(5)—
omit, insert—(5)The employer who is the DGE for the group on the last day of the final period for the change of status must lodge a return for taxable wages paid or payable by the group members for the final period.Failure to lodge a final return is an offence under section 121 of the Administration Act.(2)Section 64(6), before paragraph (a)—
insert—(aa)be lodged within 21 days after the end of the periodic return period in which the last day of the final period occurs; and(3)Section 64(6)(aa) to (c)—
renumber as section 64(6)(a) to (d).
46Amendment of s 70 (Groups arising from the use of common employees)
Section 70(4), note, after ‘tax’—
insert—and mental health levy
47Amendment of s 71 (Groups of commonly controlled businesses)
Section 71(1), note, after ‘tax’—
insert—and mental health levy
48Amendment of s 72 (Groups arising from tracing of interests in corporations)
Section 72(1), note, after ‘tax’—
insert—and mental health levy
49Amendment of s 73 (Smaller groups subsumed into larger groups)
Section 73(2), note 1, after ‘tax’—
insert—and mental health levy
After section 77—
insert—77AReassessment—determination of primary periodic threshold or additional periodic threshold
(1)This section applies if—(a)the commissioner makes or revokes a determination under section 43E(1); and(b)the making or revocation of the determination—(i)relates to a periodic return period for which an assessment of the employer’s periodic levy liability has been made; and(ii)would change the amount of the employer’s periodic levy liability for the period.(2)A reassessment of the employer’s periodic levy liability for the periodic return period must be made to give effect to the making or revocation of the determination.(3)Subsection (4) applies if a reassessment required under subsection (2) would change the amount of any of the following (each an affected liability) for which an assessment has been made—(a)the employer’s annual levy liability for a financial year;(b)the employer’s final levy liability for a final period;(c)for an employer who is a non-DGE group member—(i)the DGE’s annual levy liability for a financial year; or(ii)the DGE’s final levy liability for a final period.(4)A reassessment of the affected liability must be made to take into account the making or revocation of the determination.
51Amendment of s 78 (Reassessment—annual liability of non-group employer who has lodged a final return)
Section 78(1)(b)—
omit, insert—(b)under section 64(2), the employer lodged, or was required to lodge, a final return for a final period during the year, and the employer was not a group member during the final period; and
After section 78—
insert—78AReassessment—annual levy liability of non-group employer who has lodged a final return
(1)This section applies if—(a)an employer is not a group member on 30 June in a financial year; and(b)under section 64(2), the employer lodged, or was required to lodge, a final return for a final period during the year, and the employer was not a group member during the final period; and(c)the original assessment of the employer’s annual levy liability for the year—(i)was not made by the commissioner; and(ii)was made as required under section 43J(4); and(d)the employer’s annual levy liability for the year worked out as required under section 43J(4) is greater than it would be if the final return wages and final return liability for a final period mentioned in paragraph (b) were included for working out the liability.(2)Despite section 43J(4), the commissioner must make a reassessment of the employer’s annual levy liability for the year to include the final return wages and final return liability mentioned in subsection (1)(d) for working out the liability.(3)In this section—final return liability means the employer’s periodic liability amount for a final period mentioned in subsection (1)(b).final return wages means taxable wages and interstate wages paid or payable by the employer for a final period mentioned in subsection (1)(b).
53Amendment of s 79 (Reassessment—change of DGE)
Section 79, heading, after ‘Reassessment’—
insert—of payroll tax liability
After section 79—
insert—79AReassessment of levy liability—change of DGE
(1)This section applies for an employer who is a group member if—(a)the DGE for the group changes; andSee section 75 (Designation of group member as DGE).(b)the change of DGE—(i)relates to a periodic return period for which an assessment of the employer’s periodic levy liability has been made; and(ii)would change the amount of the employer’s periodic levy liability for the period.(2)A reassessment of the employer’s periodic levy liability for the periodic return period must be made to give effect to the change of DGE.(3)Subsection (4) applies if a reassessment required under subsection (2) would change the amount of any of the following (each an affected liability) for which an assessment has been made—(a)the employer’s annual levy liability for a financial year;(b)the employer’s final levy liability for a final period;(c)if the employer is not the DGE—(i)the DGE’s annual levy liability for a financial year; or(ii)the DGE’s final levy liability for a final period.(4)A reassessment of the affected liability must be made to take into account the change of DGE.
55Amendment of s 80 (Reassessment—making or revocation of order excluding a person from a group)
Section 80, heading, after ‘Reassessment’—
insert—of payroll tax liability
After section 80—
insert—80AReassessment of levy liability—making or revocation of order excluding a person from a group
(1)This section applies if—(a)the commissioner—(i)makes an order under section 74 excluding a person from a group; or(ii)revokes an order mentioned in subparagraph (i); and(b)the making or revocation of the order—(i)relates to a periodic return period for which an assessment of the person’s periodic levy liability has been made; and(ii)would change the amount of the person’s periodic levy liability for the period.(2)A reassessment of the person’s periodic levy liability for the periodic return period must be made to give effect to the making or revocation of the order.(3)Subsection (4) applies if a reassessment required under subsection (2) would change the amount of any of the following (each an affected liability) for which an assessment has been made—(a)the person’s annual levy liability for a financial year;(b)the person’s final levy liability for a final period;(c)if subsection (1)(a)(ii) applies and, immediately after the revocation, the person is not the DGE—(i)the DGE’s annual levy liability for a financial year; or(ii)the DGE’s final levy liability for a final period.(4)A reassessment of the affected liability must be made to take into account the making or revocation of the determination.
57Amendment of s 81 (Provision about assessments made by commissioner—employer who is required to lodge periodic returns)
Section 81, heading, after ‘about’—
insert—payroll tax
After section 81—
insert—81AProvision about levy assessments made by commissioner—employer who is required to lodge periodic returns
(1)Subsection (2) applies if an employer lodged, or was required under section 59 to lodge, a periodic return during all or part of a financial year (the relevant period).(2)In making an annual levy liability assessment for the employer for the year, the commissioner may treat the employer as if the employer had been exempt under section 62 from lodging periodic returns during all or part of the relevant period.(3)Subsection (4) applies if an employer lodged, or was required under section 59 to lodge, a periodic return during all or part of a final period (also the relevant period).(4)In making a final levy liability assessment for the employer for the final period, the commissioner may treat the employer as if the employer had been exempt under section 62 from lodging periodic returns during all or part of the relevant period.(5)If subsection (2) or (4) applies—(a)the employer must be treated for this Act and the Administration Act as if the employer did not have periodic levy liability, and had been exempt under section 62 from lodging periodic returns, for periodic return periods during all or part of the relevant period; and(b)any assessment of periodic levy liability for a periodic return period mentioned in paragraph (a) is taken not to have been made; and(c)the commissioner may apply, in the order required under the Administration Act, section 42, the whole or part of an amount paid or payable by the employer for periodic levy liability for a periodic return period mentioned in paragraph (a) as payment for—(i)for an employer who is a non-DGE group member—a prescribed levy liability of the employer; or(ii)for an employer who is a group member (whether or not the employer is the DGE)—a prescribed levy liability of another group member; and(d)the commissioner is not prevented from making a subsequent reassessment under section 82A of—(i)for an employer who is not a group member or who is the DGE for a group—the employer’s periodic levy liability, annual levy liability or final levy liability; or(ii)for an employer who is a non-DGE group member—the employer’s periodic levy liability or the DGE’s annual levy liability or final levy liability.(6)For this section, the circumstances in which an employer was required under section 59 to lodge a periodic return during the relevant period include an assessment or reassessment mentioned in section 82A(2) or (5) being made by the commissioner in relation to the period.(7)In this section—annual levy liability assessment, for a year, for an employer, means—(a)if the employer is not a group member or is the DGE for a group—an assessment or reassessment of the employer’s annual levy liability for the year; or(b)if the employer is a non-DGE group member—an assessment or reassessment of the DGE’s annual levy liability for the year.final levy liability assessment, for a final period, for an employer, means—(a)if the employer is not a group member or is the DGE for a group—an assessment or reassessment of the employer’s final levy liability for the final period; or(b)if the employer is a non-DGE group member—an assessment or reassessment of the DGE’s final levy liability for the final period.
59Amendment of s 82 (Provision about assessments made by commissioner—employer who is exempt from lodging periodic returns)
Section 82, heading, after ‘about’—
insert—payroll tax
After section 82—
insert—82AProvision about levy assessments made by commissioner—employer who is exempt from lodging periodic returns
(1)Subsection (2) applies if—(a)an employer was exempt under section 62 from lodging a periodic return during all or part of a financial year (the exemption period); or(b)the commissioner authorised the employer, under section 60, to lodge periodic returns for periods other than a month during all or part of a financial year (also the exemption period).(2)In making a relevant assessment for the employer for the exemption period, the commissioner may treat the employer as if the employer had been required under section 59 to lodge a periodic return for each month during all or part of the exemption period.(3)For subsection (2), a relevant assessment is—(a)if the employer is not a group member or is the DGE for a group—(i)an assessment or reassessment of the employer’s periodic levy liability for a periodic return period during the exemption period; or(ii)an assessment or reassessment of the employer’s annual levy liability for the year; or(b)if the employer is a non-DGE group member—(i)an assessment or reassessment of the employer’s periodic levy liability for a periodic return period during the exemption period; or(ii)an assessment or reassessment of the DGE’s annual levy liability for the year.(4)Subsection (5) applies if—(a)an employer was exempt under section 62 from lodging a periodic return during all or part of a final period (also the exemption period); or(b)the commissioner authorised the employer, under section 60, to lodge periodic returns for periods other than a month during all or part of a final period (also the exemption period).(5)In making a relevant assessment, the commissioner may treat the employer as if the employer had been required under section 59 to lodge a periodic return for each month during all or part of the exemption period.(6)For subsection (5), a relevant assessment is—(a)if the employer is not a group member or is the DGE for a group—(i)an assessment or reassessment of the employer’s periodic levy liability for a periodic return period during the exemption period; or(ii)an assessment or reassessment of the employer’s final levy liability for the final period; or(b)if the employer is a non-DGE group member—(i)an assessment or reassessment of the employer’s periodic levy liability for a periodic return period during the exemption period; or(ii)an assessment or reassessment of the DGE’s final levy liability for the final period.(7)The commissioner may make an assessment or reassessment mentioned in subsection (2) or (5) only if—(a)the employer contravenes section 87 or 87A during the exemption period; or(b)the employer gave the commissioner false or misleading information in contravention of the Administration Act, section 122 or 123, and the commissioner relied on the information in—(i)granting an exemption under section 62; or(ii)authorising the employer, under section 60, to lodge periodic returns for periods other than a month; or(c)the commissioner has made an assessment or reassessment mentioned in section 81A(2) or (4) in relation to the exemption period.(8)If the commissioner makes an assessment or reassessment mentioned in subsection (2) or (5)—(a)the employer must be treated for this Act and the Administration Act, other than the Administration Act, section 121, as if the employer had been required under section 59 to lodge, on the return date, a periodic return for each month during all or part of the exemption period; and(b)the commissioner is not prevented from making a subsequent reassessment of—(i)for an employer who is not a group member or who is the DGE for a group—the employer’s annual levy liability or final levy liability under section 81A; or(ii)for an employer who is a non-DGE group member—the DGE’s annual levy liability or final levy liability under section 81A.(9)For this section, the circumstances in which an employer was exempt under section 62 from lodging a periodic return during the exemption period include an assessment or reassessment mentioned in section 81A(2) or (4) being made by the commissioner in relation to the period.
61Amendment of s 83 (Application of annual refund amount, annual levy refund amount, final refund amount or final levy refund amount)
Section 83(2)(b), after ‘liability’—
insert—or prescribed levy liability
62Amendment of s 84 (Provision for refunds under Administration Act to group members)
(1)Section 84(1), after ‘tax’—
insert—or the mental health levy
(2)Section 84(2)(a), after ‘liability’—
insert—or prescribed levy liability
After section 88—
insert—88ANotification requirements—annual information for groups
(1)This section provides for the giving of—(a)particular information relating to each financial year (the relevant financial year); and(b)particular information relating to the financial year immediately following the relevant financial year (the following financial year).(2)On or before 7 July in the relevant financial year, an employer who was a non-DGE group member on 1 July of the relevant financial year must give the following information to the DGE for the group—(a)the employer’s name and ABN;(b)an estimate of the total amount of the taxable wages, and the total amount of any interstate wages, that will be payable by the employer as a member of the group for the relevant financial year.(3)On or before 28 July in the relevant financial year, the DGE for a group must give the following information to each employer who was a group member on 1 July in the relevant financial year—(a)an estimate of the total amount of the taxable wages that will be payable by all group members for the relevant financial year;(b)an estimate of the total amount of the interstate wages that will be payable by all group members for the relevant financial year.(4)The information given under subsection (3) may be determined from the information received under subsection (2)(b).(5)On or before 7 July in the following financial year, an employer who was a non-DGE group member at any time during the relevant financial year must give the following information to the DGE for the group—(a)the employer’s name and ABN;(b)the total amount of the taxable wages, and the total amount of any interstate wages, paid or payable by the employer as a member of the group for the relevant financial year;(c)the employer’s periodic levy liability as a member of the group for each periodic return period in the relevant financial year.(6)A person must not fail, without reasonable excuse, to comply with subsection (2), (3) or (5).Maximum penalty—100 penalty units.
88BNotification requirements—final return information for non-DGE group member
(1)This section applies if a change of status happens for an employer (the affected employer) who is a non-DGE group member.(2)Within 7 days after the end of the final periodic return period, the affected employer must give the following information to the DGE for the group—(a)the total amount of the taxable wages, and the total amount of any interstate wages, paid or payable by the affected employer as a member of the group during the nominated final period;(b)the affected employer’s total periodic levy liability amount for the nominated final period.(3)On or before the due day, an employer who is a non-DGE group member, other than the affected employer, must give the following information to the DGE for the group—(a)the total amount of the taxable wages, and the total amount of any interstate wages, paid or payable by the employer as a member of the group during the nominated final period;(b)the employer’s total periodic levy liability amount for the nominated final period.(4)A person must not fail, without reasonable excuse, to comply with subsection (2) or (3).Maximum penalty—100 penalty units.
(5)In this section—due day, for an employer to give information to the DGE under subsection (3), means the day that is 7 days after the later of—(a)the last day of the final periodic return period; and(b)the day on which the DGE asks the employer for the information.final periodic return period means the periodic return period in which the last day of the nominated final period occurs.nominated final period means the final period for the change of status mentioned in subsection (1).partial levy amount, for an employer for a periodic return period, means the amount worked out using the following formula—where—
P means the partial levy amount in dollars.PL means the employer’s periodic levy liability for the periodic return period.X means the number of days in the periodic return period that are in the nominated final period.Y means the total number of days in the nominated final period.total periodic levy liability amount, for an employer, for the nominated final period, means the sum of the following amounts—(a)the employer’s periodic levy liability for each periodic return period wholly within the nominated final period (irrespective of the return date for lodgement of the periodic return for the periodic return period);(b)the partial levy amount for each periodic return period (irrespective of the return date for lodgement of the periodic return for the periodic return period) that includes a day that is—(i)in the nominated final period; and(ii)not in a periodic return period mentioned in paragraph (a).88CNotification requirements—final return information for DGE
(1)This section applies if a change of status happens for the DGE for a group.(2)On or before the due day, each employer who is a non-DGE group member must give the following information to the DGE—(a)the total amount of the taxable wages, and the total amount of any interstate wages, paid or payable by the employer as a member of the group during the nominated final period;(b)the employer’s total periodic levy liability amount for the nominated final period.(3)A person must not fail, without reasonable excuse, to comply with subsection (2).Maximum penalty—100 penalty units.
(4)In this section—due day, for an employer to give information to the DGE, means the day that is 7 days after the later of—(a)the last day of the final periodic return period; and(b)the day on which the DGE asks the employer for the information.final periodic return period means the periodic return period in which the last day of the nominated final period occurs.nominated final period means the final period for the change of status mentioned in subsection (1).partial levy amount, for an employer for a periodic return period, means the amount worked out using the following formula—where—
P means the partial levy amount in dollars.PL means the employer’s periodic levy liability for the periodic return period.X means the number of days in the periodic return period that are in the nominated final period.Y means the total number of days in the nominated final period.total periodic levy liability amount, for an employer who is a non-DGE group member, for the nominated final period, means the sum of the following amounts—(a)the employer’s periodic levy liability for each periodic return period wholly within the nominated final period (irrespective of the return date for lodgement of the periodic return for the periodic return period);(b)the partial levy amount for each periodic return period (irrespective of the return date for lodgement of the periodic return for the periodic return period) that includes a day that is—(i)in the nominated final period; and(ii)not in a periodic return period mentioned in paragraph (a).88DNotification requirements—employer joining a group
(1)This section applies if an employer becomes a group member and does not become the DGE for the group at the same time.(2)Within 7 days after the day the employer joins the group, the employer must give the following information to the DGE—(a)an estimate of the total amount of the taxable wages paid or payable by the member, as a member of the group, from the day of becoming a member until the end of the current financial year;(b)an estimate of the total amount of the interstate wages paid or payable by the member, as a member of the group, from the day of becoming a member until the end of the current financial year.(3)A person must not fail, without reasonable excuse, to comply with subsection (2).Maximum penalty—100 penalty units.
(4)In this section—current financial year means the financial year in which the employer becomes a group member.88ENotification requirements—revised group wage information
(1)This section applies if—(a)the DGE for a group becomes aware that a significant wage change has happened during a periodic return period for the group; or(b)the DGE for a group receives information from an employer under section 88D; or(c)an employer joins a group and becomes the DGE for the group at the same time; or(d)the DGE for a group becomes aware that a group member has started paying, or become liable to pay, taxable wages other than as a member of the group; or(e)the DGE for a group starts paying, or becomes liable to pay, taxable wages other than as a member of the group.(2)Within 7 days after the thing mentioned in subsection (1)(a) to (e) happens, the DGE must give the following information to each non-DGE group member—(a)an estimate of the total amount of the taxable wages that will be payable by all group members for the current financial year;(b)an estimate of the total amount of the interstate wages that will be payable by all group members for the current financial year.(3)A person must not fail, without reasonable excuse, to comply with subsection (2).Maximum penalty—100 penalty units.
(4)It is sufficient compliance with a requirement under subsection (2)(a) or (b) to give an estimate of an amount if the DGE gives the estimate based on the latest information held by the DGE at the time the requirement arises.(5)In this section—current financial year means the financial year in which the thing mentioned in subsection (1)(a) to (e) happens.significant wage change see section 43EC.
Before section 90—
insert—89ACommissioner may give group information to incoming DGE
(1)This section applies if an employer becomes the DGE for a group.(2)The commissioner may give the DGE any information relating to the group that was received from a previous DGE for the group under part 3, division 2 or part 6, division 2.
65Amendment of s 90 (Commissioner may require payment of penalty)
(1)Section 90(1)(b), after ‘tax’—
insert—or the mental health levy
(2)Section 90(2)—
omit, insert—(2)The commissioner may, by written notice given to the employer, require the employer to pay a penalty of an amount (the penalty amount) that is not more than the greater of the following amounts—(a)75% of the relevant liability amount;(b)$100.(3)Section 90(6)—
insert—levy liability means the employer’s liability for the mental health levy in relation to the return.payroll tax liability means the employer’s liability for payroll tax in relation to the return.relevant liability amount means—(a)if subsection (1)(a) applies—the total amount of the employer’s payroll tax liability and levy liability; or(b)if subsection (1)(b) applies and the unpaid amount is an amount of the employer’s payroll tax liability—the total amount of the payroll tax liability; or(c)if subsection (1)(b) applies and the unpaid amount is an amount of the employer’s levy liability—the total amount of the levy liability; or(d)if subsection (1)(b) applies and the unpaid amount is an amount of the employer’s payroll tax liability and levy liability—the total amount of the liabilities; or(e)if subsection (1)(c) applies and the false or misleading information relates to the calculation of the employer’s payroll tax liability—the total amount of the payroll tax liability; or(f)if subsection (1)(c) applies and the false or misleading information relates to the calculation of the employer’s levy liability—the total amount of the levy liability; or(g)if subsection (1)(c) applies and the false or misleading information relates to the calculation of the employer’s payroll tax liability and levy liability—the total amount of the liabilities.
66Amendment of s 92 (Application of Act to trustees)
Section 92(1)(a), after ‘tax’—
insert—and the mental health levy
67Amendment of s 93 (Avoiding taxation)
(1)Section 93, ‘chargeable’—
omit, insert—or mental health levy imposed
(2)Section 93, penalty, after ‘to be avoided’—
insert—and treble the amount of mental health levy avoided or attempted to be avoided
After part 15—
insert—149Imposition and calculation of mental health levy for 2022–23 financial year
(1)The mental health levy is not imposed on taxable wages paid or payable before 1 January 2023.(2)A reference in part 2, division 5A to 5C to taxable wages or interstate wages paid or payable by a person for a financial year is, for the financial year ending 30 June 2023, taken to be a reference to taxable wages or interstate wages paid or payable by a person for the period from 1 January to 30 June 2023.(3)For the application of part 2, division 5A to the financial year ending 30 June 2023, 1 January 2023 is taken to be a calculation day under section 43EB.(4)For the application of part 2, division 5A to 5C to the financial year ending 30 June 2023—(a)a reference in section 43C(1) or (2) to $10m is taken to be a reference to $5m; and(b)a reference in section 43D(1) or (2) to $100m is taken to be a reference to $50m; and(c)a reference in section 43I, definition additional annual levy amount to $100m is taken to be a reference to $50m; and(d)a reference in section 43I, definition primary annual levy amount to $10m is taken to be a reference to $5m; and(e)a reference in section 43M, definition additional final levy amount to $100m is taken to be a reference to $50m; and(f)a reference in section 43M, definition primary final levy amount to $10m is taken to be a reference to $5m.150Notification requirements for groups in January 2023
(1)An employer who is a non-DGE group member on 1 January 2023 must, on or before 9 January 2023, give the following information to the DGE for the group—(a)the employer’s name and ABN;(b)an estimate of the total amount of the taxable wages, and the total amount of any interstate wages, that will be payable by the employer as a member of the group for the period from 1 January to 30 June 2023.(2)An employer who is the DGE for a group on 9 January 2023 must, on or before 30 January 2023, give the following information to each employer who was a non-DGE group member on 1 January 2023—(a)an estimate of the total amount of the taxable wages that will be payable by all group members for the period from 1 January to 30 June 2023;(b)an estimate of the total amount of the interstate wages that will be payable by all group members for the period from 1 January to 30 June 2023.(3)The information given under subsection (2) may be determined from the information received under subsection (1).(4)A person must not fail, without reasonable excuse, to comply with subsection (1) or (2).Maximum penalty—100 penalty units.
151Notification requirements under s 88A for 2022–23 financial year
Section 88A applies to the financial year ending 30 June 2023 as a relevant financial year as follows—(a)to remove any doubt, it is declared that—(i)section 88A(2) to (4) does not apply to the relevant financial year; and(ii)a reference in section 88A(5) to the following financial year is a reference to the financial year starting 1 July 2023;(b)a reference in section 88A(5) to the relevant financial year is taken to be a reference to the period from 1 January to 30 June 2023.
69Amendment of schedule (Dictionary)
(1)Schedule—
insert—current financial year, for a periodic return period, for part 2, division 5A, see section 43EA.prescribed levy liability means a liability for any of the following—(a)the mental health levy;(b)unpaid tax interest in relation to an assessment of liability for the mental health levy;(c)penalty tax in relation to an assessment of liability for the mental health levy;(d)any other amount payable under this Act or the Administration Act, or a liability to pay costs ordered by a court or QCAT, in relation to the mental health levy.(2)Schedule, definition calculation day—
insert—(c)for part 2, division 5A, see section 43EB.(3)Schedule, definition designated period, paragraph (b), ‘section 64’—
omit, insert—section 64(2)
(4)Schedule, definition significant wage change—
insert—(c)for part 2, division 5A, see section 43EC.(5)Schedule, definition taxable wages, after ‘tax’—
insert—and the mental health levy
Part 4 Amendment of Racing Act 2002
This part amends the Racing Act 2002.
71Replacement of s 12 (Board to pay amount of net UBET product fee as prize money each year or otherwise use amount)
Section 12—
omit, insert—12Funding of country thoroughbred race meetings
(1)This section applies if, during a financial year, the board is paid 1 or more instalments under the Betting Tax Act 2018, section 59B.(2)The board must apply an amount that is at least the prescribed amount to fund the country thoroughbred race meetings held during the financial year.See also sections 44A and 84 for the board’s obligations to report on matters relating to country thoroughbred race meetings and to include details of country thoroughbred race meetings in the racing calendar prepared in relation to thoroughbred racing.(3)A regulation may provide for the prescribed amount to be increased each financial year by the prescribed percentage.(4)In this section—prescribed amount means the amount prescribed by regulation.prescribed percentage means the percentage prescribed by regulation.
72Amendment of s 44 (Ministerial direction to board about its functions or powers)
Section 44(4)—
omit.
73Insertion of new ch 2, pt 1, div 10
Chapter 2, part 1—
insert—44AMatters for inclusion in annual report
(1)The board’s annual report for each financial year—(a)must include details of any direction given by the Minister under section 44(1) during the financial year; and(b)may include a comment about the effect on the board’s activities of complying with the direction.(2)Also, the board’s annual report for each financial year must include details of—(a)the country thoroughbred race meetings held during the financial year; and(b)the amount applied under section 12 during the financial year to fund the race meetings mentioned in paragraph (a).(3)In this section—annual report means an annual report prepared under the Financial Accountability Act 2009, section 63.
74Amendment of s 84 (Obligation to have racing calendar for code of racing)
(1)Section 84—
insert—(1A)Without limiting subsection (1), the board must include, in the racing calendar prepared in relation to thoroughbred racing, details of the country thoroughbred race meetings to be held during the calendar period.(2)Section 84(2), after ‘The control body’—
insert—that prepares a racing calendar
(3)Section 84(4), ‘subsection (2)’—
omit, insert—subsection (4)
(4)Section 84(1A) to (5)—
renumber as section 84(2) to (6).
After chapter 9—
insert—In this chapter—former, for a provision of this Act, means the provision as in force from time to time before the commencement.new, for a provision of this Act, means the provision as in force from the commencement.transitional period means the period—(a)starting on 1 December 2022; and(b)ending on 30 June 2023.228Funding of country thoroughbred race meetings for 2022–2023 financial year
New section 12 applies in relation to the financial year starting on 1 July 2022 as if—(a)the references in new section 12(1) and (2) to a financial year were references to the transitional period; and(b)the reference in new section 12(1) to the Betting Tax Act 2018, section 59B were a reference to the Betting Tax Act 2018, section 59B as applied under section 72 of that Act.229Particular amounts of net UBET product fee taken to be paid under new s 12
(1)This section applies if, during the pre-commencement period, the board paid an amount under former section 12(1).(2)The amount is taken to have been applied by the board under new section 12(2) during the transitional period.(3)In this section—pre-commencement period means the period—(a)starting on 1 July 2022; and(b)ending on 30 November 2022.230Reporting on country thoroughbred race meetings in annual report for 2022–2023 financial year
New section 44A(2) applies in relation to the annual report for the financial year starting on 1 July 2022 as if the references in new section 44A(2)(a) and (b) to the financial year were references to the transitional period.231Obligation to amend existing racing calendars for thoroughbred racing
(1)This section applies if, immediately before the commencement, the board—(a)had prepared a relevant racing calendar but had not made it available under former section 84; or(b)was making a relevant racing calendar available under former section 84.(2)The board must, as soon as practicable after the commencement, amend the relevant racing calendar to include details of the country thoroughbred race meetings to be held during the part of the calendar period that is after the commencement.(3)The board is taken to comply with new section 84(4) in relation to the relevant racing calendar as amended under subsection (2) (the amended racing calendar) if the board—(a)makes the amended racing calendar available on its website as soon as practicable after the relevant racing calendar is amended under subsection (2); and(b)keeps the amended racing calendar available on its website from the day it is made available under paragraph (a) until the end of the calendar period.(4)In this section—calendar period see section 84(1).relevant racing calendar means a racing calendar prepared in relation to thoroughbred racing for a calendar period ending after the commencement.
Part 5 Amendment of Racing Regulation 2013
This part amends the Racing Regulation 2013.
After part 1—
insert—2AA Prescribed amount—Act, s 12
For section 12(4) of the Act, definition prescribed amount, the amount prescribed is—(a)for the period starting on 1 December 2022 and ending on 30 June 2023—$20m; or(b)for the financial year starting on 1 July 2023—the amount prescribed under paragraph (a), increased by the prescribed percentage and rounded to the nearest cent (rounding one-half upwards); or(c)for any later financial year—the amount prescribed under this section for the previous financial year, increased by the prescribed percentage and rounded to the nearest cent (rounding one-half upwards).2AB Prescribed percentage—Act, s 12
For section 12(4) of the Act, definition prescribed percentage, the percentage prescribed is 2%.
This part amends the Revenue Legislation Amendment Act 2022.
Long title, ‘the Land Tax Act 2010,’—
omit.
80Amendment of s 2 (Commencement)
Section 2(3)(b)—
omit.
81Omission of pt 6 (Amendment of Land Tax Act 2010)
Part 6—
omit.
© State of Queensland 2022