Gaming Machine Tax Act 2001 (NSW)

Gaming Machine Tax Act 2001 No 72

An Act to consolidate existing provisions of the Liquor Act 1982 and the Registered Clubs Act 1976 with respect to the imposition of tax on profits from poker machines and other gaming devices; to make consequential amendments to those Acts and to the Taxation Administration Act 1996; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Gaming Machine Tax Act 2001.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— authorised CMS has the same meaning as in the Gaming Machines Act 2001. Authority means the Independent Liquor and Gaming Authority constituted under the Gaming and Liquor Administration Act 2007. Chief Commissioner means the Chief Commissioner of State Revenue referred to in section 60 of the Taxation Administration Act 1996. CMS licensee means the holder of a CMS licence within the meaning of the Gaming Machines Act 2001. gaming machine means an approved gaming machine within the meaning of the Gaming Machines Act 2001. hotel, hotel licence and hotelier have the same meanings as in the Liquor Act 2007. instalment period means a period prescribed by section 7. outgoings, in relation to a gaming machine, means— (a) winnings, or (b) progressive jackpot prizes, or (c) for a gaming machine that is a part of an authorised linked gaming system operating under the Gaming Machines Act 2001, Part 10—the amount that is deducted from the gaming machine to build a prize for the authorised linked gaming system. profits, in relation to a gaming machine, means the excess of revenue from the machine over outgoings in relation to the machine. progressive jackpot prize means the amount to which a gaming machine player or other person is entitled to be paid— (a) for the achievement by the player, at the end of a play, of a combination of symbols designated, in the original design of the gaming machine, or in a subsequent modification approved by the Authority, as a progressive jackpot combination, or (b) on the happening of another event or contingency which the Authority approves, by written instrument, as being a due occasion for a progressive jackpot prize for the purposes of this definition. promotional prize has the same meaning as it has in the Gaming Machines Act 2001, section 45. registered club has the same meaning as it has in the Registered Clubs Act 1976. revenue from a gaming machine means the total amount of bets made on a gaming machine by a player, including bets made using a promotional prize. tax means tax imposed by this Act on profits from gaming machines. tax year means— (a) in relation to a hotelier—the period of 12 months commencing on 1 July, and (b) in relation to a registered club—the period of 12 months commencing on 1 September. winnings means the total amount of prizes won by and paid or awarded, or liable to be paid or awarded, to a player from playing a gaming machine, but does not include promotional prizes. (2) (Repealed) (3) A reference in this Act to a tax year of a specified year is a reference to the tax year that commences in that specified year. For example, a reference to the 2004 tax year is a reference to the tax year that commences on 1 July 2004 (in relation to a hotelier) or 1 September 2004 (in relation to a registered club).