Gambling Legislation Victoria
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Gambling Regulation Act 2003. Act number 114/2003. The Victorian Government acknowledges Aboriginal and Torres Strait Islander people as the. The Victorian Commission for Gambling and Liquor Regulation (VCGLR) is responsible for administering legislation and regulations relevant to Victoria’s gaming and liquor industries.
*Online Gambling Legislation
*Gambling Legislation Victoria County
*Gambling Advertising Legislation Victoria
*Gambling Legislation Victoria Md
*Gambling Legislation Victoria China
*Gambling Legislation Victoria SecretGaming law
Liquor & Gaming NSW is responsible for the implementation of government policies designed to balance sustainable business development with the need to reduce harms associated with problem gambling.
In the gaming area, L&GNSW is responsible for:
*advising in relation to the development and implementation of government policy
*ensuring compliance
*monitoring revenue collected from gaming activity
*overseeing technical standards for gaming machines
The Office of Responsible Gambling and Responsible Gambling Fund Trust is responsible for administering the Responsible Gambling Fund, which funds services for problem gamblers.Wagering law
Wagering is regulated in NSW under the Betting and Racing Act 1998 and the Totalizator Act 1997, which prescribe:
*who may offer betting services
*the events on which betting is permitted
*requirements that betting service providers must comply with.
The Act provides that the Minister for Better Regulation and Innovation may authorise licensed bookmakers to conduct telephone and electronic betting at licensed racecourses or other approved premises.
The Minister for Better Regulation and Innovation can declare sports and other events as betting events in NSW. Declared events are listed in the: Schedule of Declared Betting Events and Approved Forms of Betting PDF, 274.62 KB.
This schedule forms part of the Bookmaker Declared Betting Events Betting Rules PDF, 149.52 KB.
The Betting Glossary of Terms PDF, 13.85 KB defines the various form of betting available.
In December 2015, changes were made to the application process and requirements for new declared betting events and bet types. For further information on these reforms, please see Sports wagering in NSWRelevant Acts
Visit Legislation NSW for all Acts and Regulations.Latest newsMinister’s Final Allocation
The fifth and final stage of the administrative allocation process is now completed with the Minister for Consumer Affairs, Gaming and Liquor Regulation (Minister) issuing each participating venue operator with a Final Allocation letter confirming the number of post-2022 gaming machine entitlements they have been allocated.
A high-level overview of the allocation process which focuses on Stage 5: Award is available for download
The completion of the allocation process is a significant milestone and is the culmination of a lot of hard work by the State and the industry. The Department would like to thank the participating venue operators and industry representatives for their efforts and cooperation during this process, which has enabled the successful allocation of the post-2022 gaming machine entitlements, providing club and hotel operators with long-term certainty.
If you have any further queries about the allocation process, contact the Gaming Machine Allocation Project by email olgr.gmap@justice.vic.gov.au (External link) or phone: (03) 8684 0329.Reports of the Independent Review Panel
The Gambling and Lotteries Licence Independent Review Panel (the Panel) was formed in accordance with the Gambling Regulation Act 2003 (Vic) (the Act) to independently and publicly report on the gambling licensing processes under the Act as well as relevant regulatory reviews.
The key objective of the Panel is to oversee the integrity of the gambling licensing processes.
The Panel has produced the following reports on the gaming machines licensing process:
*a report on the gaming machines licensing process: regulatory review (tabled in Parliament on Tuesday 21 August 2018)
*a report on the gaming machine licensing process: allocation (tabled in Parliament on Tuesday 5 February 2019).New allocation process Q&As
The questions and answers about the post-2022 gaming machine entitlement allocation process have been updated.Allocation principles scenarios
We have prepared a number of scenarios that illustrate how the Minister may allocate when demand exceeds supply of available entitlements for proposed venues and existing venue top-ups.Gaming machine entitlements information
Detail of the overarching allocation process, new entitlement payment arrangements and other relevant information is available by clicking on the headings below. Minister’s Declaration regarding ratio of club and hotel post-2022 gaming machine entitlements
The Minister for Consumer Affairs, Gaming and Liquor Regulation (Minister) has made a declaration that specifies the permissible percentages of post-16 August 2022 club gaming machine entitlements and hotel gaming machine entitlements (new entitlements), under section 3.4A.5AA(3) of the Gambling Regulation Act 2003.The declaration was published in the Victoria Government Gazette (No. S 330) on 9 July 2018 and a copy is available on this website.
The declaration specifies that for new entitlements:
(i) 48.4911588484583% of those entitlements must be club gaming machine entitlements, and
(ii) 51.5088411515417% of those entitlements must be hotel gaming machine entitlements.The Minister will allocate entitlements to eligible venue operators in accordance with the third set of Allocation Rules determined by the Minister under the Gambling Regulation Act 2003 and published in the Victorian Government Gazette (No. S450) on 20 December 2017.
The allocation will be based on the applications submitted by venue operators in response to the Minister’s Offer to Apply, which allows each eligible venue operator to nominate the maximum number of entitlements they would be prepared to purchase.
The number of entitlements the Minister allocates a venue operator will be either:
*less than the maximum number of entitlements nominated by a venue operator (and in some cases, may be zero), OR
*equal to the maximum number of entitlements nominated by a venue operator.Provisional allocation
The allocation starts with an unallocated pool of all available entitlements that gets progressively reduced as allocation goes through the priority stages detailed below.First Stage
All incumbent venue operators are allocated up to the number of entitlements they held on 7 July 2017.Second Stage (Clubs)
*New entrant clubs are allocated for proposed club venues up to a maximum of 420 entitlements for each new club
*Incumbent clubs are allocated for requested top-ups for existing venues up to 420 entitlements
*Incumbent clubs are allocated for any requested proposed venues up to 420 entitlements
*Clubs seeking more than 420 entitlements in total are allocated in this final step.Third Stage (Hotels)
*New entrant hotels are allocated for proposed hotel venues
*Incumbent hotels are allocated for requested top-ups for existing venues
*Incumbent hotels are allocated for any requested proposed venues.Allocation principles
The Minister will allocate entitlements in Stages 2 and 3 subject to entitlement availability and in accordance with the principles detailed below.Proposed venues
Allocation with respect to proposed venues in the relevant stages above will be done as follows, subject to the availability of unallocated entitlements:
*(a) allocate all eligible venue operators their Nominated Numbers with respect to proposed venues
*(b) if (a) is not possible, allocate the minimum numbers in the nominated EOI ranges for relevant proposed venues (Minimum Number)
*(c) if any entitlements are left over after (b), allocate these equally
*(d) where (b) and/or (c) is not possible, allocate in a way that maximises the monetary value to the State.
The Minister will not allocate for a proposed venue unless she can allocate at least the applicable Minimum Number.Approved venue top-ups
Allocation for approved venue top-ups in the relevant stages above will be done as follows, subject to the availability of unallocated entitlements:
*(a) allocate to all eligible venue operators up to their Nominated Numbers
*(b) if (a) is not possible, allocate the Minimum Additional Numbers specified in the applications
*(c) if any entitlements are left over after (b), allocate these equally
*(d) where (b) and/or (c) is not possible, allocate in a way that maximises the monetary value to the State.
The Minister’s discretion will apply where none of the above principles can be applied.Market limitations
The allocation process will at all times be subject to the Act and instruments under the Act, including:
*regional or municipal caps, and
*permissible percentages of club/hotel entitlements.Allocation review
Venue operators will be notified of the outcomes of the provisional allocation and will have the opportunity to seek a review of the Minister’s determination.Allocation
Allocation will be completed upon execution by the venue operator of the Entitlement-Related Payment Agreement that will be provided with notification of the outcomes of provisional allocation (see Payment arrangements section below).Every venue operator allocated new entitlements will be required to enter into an Entitlement-Related Payment Agreement that governs the payment terms and arrangements for allocated entitlements. Examples of the standard Entitlement-Related Agreements for clubs and hotels are available herePayment terms
As per the Entitlement-Related Payment Agreement, if you are allocated new entitlements, these will be subject to the following payment terms:
*(a) As a first instalment, the venue operator must pay the deposit in accordance with the Deed Poll when submitting an application to purchase new entitlements:
*(i) Clubs – 2.5% of the entitlement price
*(ii) Hotels – 5% of the entitlement price.
*(b) The Venue Operator must then pay to the State the balance of the entitlement price as follows:
*(i) a second instalment on or before 28 February 2019 as follows:
*(A) Clubs – 2.5% of the entitlement price
*(B) Hotels – 5% of the entitlement price
*(ii) the balance of the price, either:
*(A) on or before 16 August 2022, or
*(B) in equal instalments on or before the last day of every third month over a 5 year period for Hotels and 7 year period for Clubs (deferred payments).Interest
The following interest will be incurred on deferred payments (calculated in accordance with the Entitlement-Related Payment Agreement):
*Clubs: rate equivalent to the 10-Year Commonwealth bond rate over the full repayment term
*Hotels:
*rate equivalent to the 10-Year Commonwealth bond coupon rate for the first 2 years of the term
*rate equivalent to the 10-Year Commonwealth bond coupon rate plus 2 per cent for the remainder of the term.
Penalty interest will be payable on late payments. If payments for entitlements are not made by dates specified in the Entitlement-Related Payment Agreement the relevant entitlement will be in default and forfeited to the State.Hardship arrangementsIf a venue operator experiences serious financial hardship, after allocation the venue operator may request a variation to their payment terms as specified in the Entitlement-Related Payment Agreement. Further details on applying for hardship consideration are available here.The price for each new entitlement has been determined by the Minister in accordance with the second set of allocation rules published in the Victorian Government Gazette (No. S379) (Second Rules) on 9 November 2017
A summary of the pricing methodology is presented below.Price for venue operators with operating entitlements
Venue operators will have the opportunity to acquire up to the number of entitlements they held on 7 July 2017.
The majority of entitlements held on 7 July 2017 are being used to operate gaming machines in an approved venue (‘operating entitlements’). A small number of entitlements are held but not being used by venue operators (‘non-operating entitlements’).
For operating entitlements, the price varies for each venue and is to be calculated based on each venue’s average gaming revenue per machine. The formula uses revenue for the years 2013-14 to 2016-17 divided by the average number of gaming machines operating at that venue in that financial year (calculated by adding the number of machines at the end of that year and at the end of the previous year, and dividing the sum by 2). Each year’s revenue is given a weighting, with greater weight being given to the most recent revenue data. The weightings used are:
*2013-14 – 10 per cent
*2014-15 – 20 per cent
*2015-16 – 30 per cent
*2016-17 – 40 per cent.
The weighted average gaming revenue per machine for each venue is then multiplied by a State Multiplier of 46.3643988224133 per cent to arrive at the entitlement price for that venue (subject to the minimum price – see below).
This produces the following pricing formula:
P = ((A/N) x 10% + (B/N) x 20% + (C/N) x 30% + (D/N) x 40%) x M
Where:
P = price payable for a new gaming machine entitlement with respect to an approved venue
A = the Gaming Revenue at the approved venue for the financial year 2013-2014
B = the Gaming Revenue at the approved venue for the financial year 2014-2015
C = the Gaming Revenue at the approved venue for the financial year 2015-2016
D = the Gaming Revenue at the approved venue for the financial year 2016-2017
N = the number of gaming machines operating in the approved venue for the relevant financial year determined in accordance with the following formula:
N=(E+F)/2
Where:
E = the number of gaming machines operating in the approved venue as at 30 June in the relevant financial year
F = the number of gaming machines operating in the approved venue as at 30 June in the previous financial year
M= State Multiplier of 46.3643988224133%Price for venue operators with non-operating entitlements
The majority of venue operators who hold non-operating entitlements also have operating entitlements for which an entitlement price is determined using the pricing formula above. Such non-operating entitlements are referred to as Unattached Entitlements under the Rules.
Where a venue operator who holds Unattached Entitlements operates only one venue, the price for the Unattached Entitlements is the same as the price paid for operating entitlements at that venue.
If a venue operator operates more than one venue, the price for the Unattached Entitlements is as follows:
*If there are one or more venues that have less than 105 attached entitlements (Reference Venue) operated by an operator in the geographic area that matches the geographic area condition of an Unattached Entitlement, the applicable price is equal to the highest entitlement price for the operator’s Reference Venue in the same geographic area;
*If there are no Reference Venues operated by a venue operator in the geographic area that match the geographic area condition of an Unattached Entitlement, the applicable price will be equal to the highest entitlement price for a Reference Venue outside of the area.
Where a venue operator holds non-operating entitlements but does not operate a venue (referred to as a Non-operating Incumbent Venue Operator under the Rules), the entitlement price is calculated by reference to an approved venue that most closely matches the type (hotel or club) and the geographic area condition of the entitlements held by such an operator as wells as the number of entitlements held.Online Gambling LegislationPrice for proposed venues
Under the Expression of Interest (EOI) process, both new entrants and incumbent venue operators could express interest in purchasing new entitlements to operate in a proposed venue (venue that was not operational as at 7 July 2017).
The entities lodging an EOI had to nominate a range (of 20) of how many entitlements they wish to acquire and the location and type of venue (club or hotel) in which they plan to operate those entitlements.
The price for proposed venues is based on the entitlement price for an existing venue of similar size, type and location as the proposed venue.
There may be an adjustment to the price for new entitlements for proposed venues if the size, type and location of the venue where these entitlements are operated is significantly different to that nominated during the allocation process.Minimum price
There will be a minimum price for all entitlements, regardless of the price determined by the pricing formula. The minimum price will be $5170 per entitlement for club entitlements and $32,714 per entitlement for hotel entitlements.
On 21 November 2017 the Minister for Consumer Affairs, Gaming and Liquor Regulation (Minister) determined Transfer Rules under the Gambling Regulation Act 2003, which were published on the same day in the Victorian Government Special Gazette No:S395. These Rules can be accessed here.
These Rules impose a prohibition on the transfer of new entitlements following the Minister’s allocation and until six months prior to the commencement of the new entitlements on 16 August 2022. This prohibition is necessary to prevent speculative purchasing of new entitlements. The prohibition will be lifted six months prior to August 2022 to allow for a seamless transition from current to new entitlement regime where venue operators may need to buy/sell new entitlements due to a change in circumstances since the allocation. The prohibition does not apply to the transfer of new entitlements where the transfer occurs as part of a sale of a gaming venue.
The current tax arrangements will be amended to:
*introduce a new tax bracket for venue operators earning between $6667 and $12,500 per month in average per machine revenue
*increase the tax rate for the top (highest paying) bracket
*introduce a sliding scale for the club tax concession.
The tables below show the current and new tax brackets and rates, as well as the new sliding scale for the club tax concession.Tax rate and threshold tables for clubs and hotelsClub tax rates: current and from August 2022Monthly average per machine revenue ($)Current: tax rate (%)Monthly average per machine revenue ($)From August 2022: tax rate (%)Tax concession rate (%) Less than 26660Less than 266608.332666 or more and less than 12,50046.702666 or more and less than 666746.708.336667 or more and less than to 12,50051.176.3312,500 or more54.2012,500 or more60.674.33Hotel tax rates: current and from August 2022Monthly average per machine revenue ($)Current: tax rate (%)Monthly average per machine revenue ($)From August 2022: tax rate (%)Less than 26668.33Less than 26668.332666 or more and less than 12,50055.032666 or more and less than 666755.036667 or more and less than to 12,50057.5012,500 or more6
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Gambling Regulation Act 2003. Act number 114/2003. The Victorian Government acknowledges Aboriginal and Torres Strait Islander people as the. The Victorian Commission for Gambling and Liquor Regulation (VCGLR) is responsible for administering legislation and regulations relevant to Victoria’s gaming and liquor industries.
*Online Gambling Legislation
*Gambling Legislation Victoria County
*Gambling Advertising Legislation Victoria
*Gambling Legislation Victoria Md
*Gambling Legislation Victoria China
*Gambling Legislation Victoria SecretGaming law
Liquor & Gaming NSW is responsible for the implementation of government policies designed to balance sustainable business development with the need to reduce harms associated with problem gambling.
In the gaming area, L&GNSW is responsible for:
*advising in relation to the development and implementation of government policy
*ensuring compliance
*monitoring revenue collected from gaming activity
*overseeing technical standards for gaming machines
The Office of Responsible Gambling and Responsible Gambling Fund Trust is responsible for administering the Responsible Gambling Fund, which funds services for problem gamblers.Wagering law
Wagering is regulated in NSW under the Betting and Racing Act 1998 and the Totalizator Act 1997, which prescribe:
*who may offer betting services
*the events on which betting is permitted
*requirements that betting service providers must comply with.
The Act provides that the Minister for Better Regulation and Innovation may authorise licensed bookmakers to conduct telephone and electronic betting at licensed racecourses or other approved premises.
The Minister for Better Regulation and Innovation can declare sports and other events as betting events in NSW. Declared events are listed in the: Schedule of Declared Betting Events and Approved Forms of Betting PDF, 274.62 KB.
This schedule forms part of the Bookmaker Declared Betting Events Betting Rules PDF, 149.52 KB.
The Betting Glossary of Terms PDF, 13.85 KB defines the various form of betting available.
In December 2015, changes were made to the application process and requirements for new declared betting events and bet types. For further information on these reforms, please see Sports wagering in NSWRelevant Acts
Visit Legislation NSW for all Acts and Regulations.Latest newsMinister’s Final Allocation
The fifth and final stage of the administrative allocation process is now completed with the Minister for Consumer Affairs, Gaming and Liquor Regulation (Minister) issuing each participating venue operator with a Final Allocation letter confirming the number of post-2022 gaming machine entitlements they have been allocated.
A high-level overview of the allocation process which focuses on Stage 5: Award is available for download
The completion of the allocation process is a significant milestone and is the culmination of a lot of hard work by the State and the industry. The Department would like to thank the participating venue operators and industry representatives for their efforts and cooperation during this process, which has enabled the successful allocation of the post-2022 gaming machine entitlements, providing club and hotel operators with long-term certainty.
If you have any further queries about the allocation process, contact the Gaming Machine Allocation Project by email olgr.gmap@justice.vic.gov.au (External link) or phone: (03) 8684 0329.Reports of the Independent Review Panel
The Gambling and Lotteries Licence Independent Review Panel (the Panel) was formed in accordance with the Gambling Regulation Act 2003 (Vic) (the Act) to independently and publicly report on the gambling licensing processes under the Act as well as relevant regulatory reviews.
The key objective of the Panel is to oversee the integrity of the gambling licensing processes.
The Panel has produced the following reports on the gaming machines licensing process:
*a report on the gaming machines licensing process: regulatory review (tabled in Parliament on Tuesday 21 August 2018)
*a report on the gaming machine licensing process: allocation (tabled in Parliament on Tuesday 5 February 2019).New allocation process Q&As
The questions and answers about the post-2022 gaming machine entitlement allocation process have been updated.Allocation principles scenarios
We have prepared a number of scenarios that illustrate how the Minister may allocate when demand exceeds supply of available entitlements for proposed venues and existing venue top-ups.Gaming machine entitlements information
Detail of the overarching allocation process, new entitlement payment arrangements and other relevant information is available by clicking on the headings below. Minister’s Declaration regarding ratio of club and hotel post-2022 gaming machine entitlements
The Minister for Consumer Affairs, Gaming and Liquor Regulation (Minister) has made a declaration that specifies the permissible percentages of post-16 August 2022 club gaming machine entitlements and hotel gaming machine entitlements (new entitlements), under section 3.4A.5AA(3) of the Gambling Regulation Act 2003.The declaration was published in the Victoria Government Gazette (No. S 330) on 9 July 2018 and a copy is available on this website.
The declaration specifies that for new entitlements:
(i) 48.4911588484583% of those entitlements must be club gaming machine entitlements, and
(ii) 51.5088411515417% of those entitlements must be hotel gaming machine entitlements.The Minister will allocate entitlements to eligible venue operators in accordance with the third set of Allocation Rules determined by the Minister under the Gambling Regulation Act 2003 and published in the Victorian Government Gazette (No. S450) on 20 December 2017.
The allocation will be based on the applications submitted by venue operators in response to the Minister’s Offer to Apply, which allows each eligible venue operator to nominate the maximum number of entitlements they would be prepared to purchase.
The number of entitlements the Minister allocates a venue operator will be either:
*less than the maximum number of entitlements nominated by a venue operator (and in some cases, may be zero), OR
*equal to the maximum number of entitlements nominated by a venue operator.Provisional allocation
The allocation starts with an unallocated pool of all available entitlements that gets progressively reduced as allocation goes through the priority stages detailed below.First Stage
All incumbent venue operators are allocated up to the number of entitlements they held on 7 July 2017.Second Stage (Clubs)
*New entrant clubs are allocated for proposed club venues up to a maximum of 420 entitlements for each new club
*Incumbent clubs are allocated for requested top-ups for existing venues up to 420 entitlements
*Incumbent clubs are allocated for any requested proposed venues up to 420 entitlements
*Clubs seeking more than 420 entitlements in total are allocated in this final step.Third Stage (Hotels)
*New entrant hotels are allocated for proposed hotel venues
*Incumbent hotels are allocated for requested top-ups for existing venues
*Incumbent hotels are allocated for any requested proposed venues.Allocation principles
The Minister will allocate entitlements in Stages 2 and 3 subject to entitlement availability and in accordance with the principles detailed below.Proposed venues
Allocation with respect to proposed venues in the relevant stages above will be done as follows, subject to the availability of unallocated entitlements:
*(a) allocate all eligible venue operators their Nominated Numbers with respect to proposed venues
*(b) if (a) is not possible, allocate the minimum numbers in the nominated EOI ranges for relevant proposed venues (Minimum Number)
*(c) if any entitlements are left over after (b), allocate these equally
*(d) where (b) and/or (c) is not possible, allocate in a way that maximises the monetary value to the State.
The Minister will not allocate for a proposed venue unless she can allocate at least the applicable Minimum Number.Approved venue top-ups
Allocation for approved venue top-ups in the relevant stages above will be done as follows, subject to the availability of unallocated entitlements:
*(a) allocate to all eligible venue operators up to their Nominated Numbers
*(b) if (a) is not possible, allocate the Minimum Additional Numbers specified in the applications
*(c) if any entitlements are left over after (b), allocate these equally
*(d) where (b) and/or (c) is not possible, allocate in a way that maximises the monetary value to the State.
The Minister’s discretion will apply where none of the above principles can be applied.Market limitations
The allocation process will at all times be subject to the Act and instruments under the Act, including:
*regional or municipal caps, and
*permissible percentages of club/hotel entitlements.Allocation review
Venue operators will be notified of the outcomes of the provisional allocation and will have the opportunity to seek a review of the Minister’s determination.Allocation
Allocation will be completed upon execution by the venue operator of the Entitlement-Related Payment Agreement that will be provided with notification of the outcomes of provisional allocation (see Payment arrangements section below).Every venue operator allocated new entitlements will be required to enter into an Entitlement-Related Payment Agreement that governs the payment terms and arrangements for allocated entitlements. Examples of the standard Entitlement-Related Agreements for clubs and hotels are available herePayment terms
As per the Entitlement-Related Payment Agreement, if you are allocated new entitlements, these will be subject to the following payment terms:
*(a) As a first instalment, the venue operator must pay the deposit in accordance with the Deed Poll when submitting an application to purchase new entitlements:
*(i) Clubs – 2.5% of the entitlement price
*(ii) Hotels – 5% of the entitlement price.
*(b) The Venue Operator must then pay to the State the balance of the entitlement price as follows:
*(i) a second instalment on or before 28 February 2019 as follows:
*(A) Clubs – 2.5% of the entitlement price
*(B) Hotels – 5% of the entitlement price
*(ii) the balance of the price, either:
*(A) on or before 16 August 2022, or
*(B) in equal instalments on or before the last day of every third month over a 5 year period for Hotels and 7 year period for Clubs (deferred payments).Interest
The following interest will be incurred on deferred payments (calculated in accordance with the Entitlement-Related Payment Agreement):
*Clubs: rate equivalent to the 10-Year Commonwealth bond rate over the full repayment term
*Hotels:
*rate equivalent to the 10-Year Commonwealth bond coupon rate for the first 2 years of the term
*rate equivalent to the 10-Year Commonwealth bond coupon rate plus 2 per cent for the remainder of the term.
Penalty interest will be payable on late payments. If payments for entitlements are not made by dates specified in the Entitlement-Related Payment Agreement the relevant entitlement will be in default and forfeited to the State.Hardship arrangementsIf a venue operator experiences serious financial hardship, after allocation the venue operator may request a variation to their payment terms as specified in the Entitlement-Related Payment Agreement. Further details on applying for hardship consideration are available here.The price for each new entitlement has been determined by the Minister in accordance with the second set of allocation rules published in the Victorian Government Gazette (No. S379) (Second Rules) on 9 November 2017
A summary of the pricing methodology is presented below.Price for venue operators with operating entitlements
Venue operators will have the opportunity to acquire up to the number of entitlements they held on 7 July 2017.
The majority of entitlements held on 7 July 2017 are being used to operate gaming machines in an approved venue (‘operating entitlements’). A small number of entitlements are held but not being used by venue operators (‘non-operating entitlements’).
For operating entitlements, the price varies for each venue and is to be calculated based on each venue’s average gaming revenue per machine. The formula uses revenue for the years 2013-14 to 2016-17 divided by the average number of gaming machines operating at that venue in that financial year (calculated by adding the number of machines at the end of that year and at the end of the previous year, and dividing the sum by 2). Each year’s revenue is given a weighting, with greater weight being given to the most recent revenue data. The weightings used are:
*2013-14 – 10 per cent
*2014-15 – 20 per cent
*2015-16 – 30 per cent
*2016-17 – 40 per cent.
The weighted average gaming revenue per machine for each venue is then multiplied by a State Multiplier of 46.3643988224133 per cent to arrive at the entitlement price for that venue (subject to the minimum price – see below).
This produces the following pricing formula:
P = ((A/N) x 10% + (B/N) x 20% + (C/N) x 30% + (D/N) x 40%) x M
Where:
P = price payable for a new gaming machine entitlement with respect to an approved venue
A = the Gaming Revenue at the approved venue for the financial year 2013-2014
B = the Gaming Revenue at the approved venue for the financial year 2014-2015
C = the Gaming Revenue at the approved venue for the financial year 2015-2016
D = the Gaming Revenue at the approved venue for the financial year 2016-2017
N = the number of gaming machines operating in the approved venue for the relevant financial year determined in accordance with the following formula:
N=(E+F)/2
Where:
E = the number of gaming machines operating in the approved venue as at 30 June in the relevant financial year
F = the number of gaming machines operating in the approved venue as at 30 June in the previous financial year
M= State Multiplier of 46.3643988224133%Price for venue operators with non-operating entitlements
The majority of venue operators who hold non-operating entitlements also have operating entitlements for which an entitlement price is determined using the pricing formula above. Such non-operating entitlements are referred to as Unattached Entitlements under the Rules.
Where a venue operator who holds Unattached Entitlements operates only one venue, the price for the Unattached Entitlements is the same as the price paid for operating entitlements at that venue.
If a venue operator operates more than one venue, the price for the Unattached Entitlements is as follows:
*If there are one or more venues that have less than 105 attached entitlements (Reference Venue) operated by an operator in the geographic area that matches the geographic area condition of an Unattached Entitlement, the applicable price is equal to the highest entitlement price for the operator’s Reference Venue in the same geographic area;
*If there are no Reference Venues operated by a venue operator in the geographic area that match the geographic area condition of an Unattached Entitlement, the applicable price will be equal to the highest entitlement price for a Reference Venue outside of the area.
Where a venue operator holds non-operating entitlements but does not operate a venue (referred to as a Non-operating Incumbent Venue Operator under the Rules), the entitlement price is calculated by reference to an approved venue that most closely matches the type (hotel or club) and the geographic area condition of the entitlements held by such an operator as wells as the number of entitlements held.Online Gambling LegislationPrice for proposed venues
Under the Expression of Interest (EOI) process, both new entrants and incumbent venue operators could express interest in purchasing new entitlements to operate in a proposed venue (venue that was not operational as at 7 July 2017).
The entities lodging an EOI had to nominate a range (of 20) of how many entitlements they wish to acquire and the location and type of venue (club or hotel) in which they plan to operate those entitlements.
The price for proposed venues is based on the entitlement price for an existing venue of similar size, type and location as the proposed venue.
There may be an adjustment to the price for new entitlements for proposed venues if the size, type and location of the venue where these entitlements are operated is significantly different to that nominated during the allocation process.Minimum price
There will be a minimum price for all entitlements, regardless of the price determined by the pricing formula. The minimum price will be $5170 per entitlement for club entitlements and $32,714 per entitlement for hotel entitlements.
On 21 November 2017 the Minister for Consumer Affairs, Gaming and Liquor Regulation (Minister) determined Transfer Rules under the Gambling Regulation Act 2003, which were published on the same day in the Victorian Government Special Gazette No:S395. These Rules can be accessed here.
These Rules impose a prohibition on the transfer of new entitlements following the Minister’s allocation and until six months prior to the commencement of the new entitlements on 16 August 2022. This prohibition is necessary to prevent speculative purchasing of new entitlements. The prohibition will be lifted six months prior to August 2022 to allow for a seamless transition from current to new entitlement regime where venue operators may need to buy/sell new entitlements due to a change in circumstances since the allocation. The prohibition does not apply to the transfer of new entitlements where the transfer occurs as part of a sale of a gaming venue.
The current tax arrangements will be amended to:
*introduce a new tax bracket for venue operators earning between $6667 and $12,500 per month in average per machine revenue
*increase the tax rate for the top (highest paying) bracket
*introduce a sliding scale for the club tax concession.
The tables below show the current and new tax brackets and rates, as well as the new sliding scale for the club tax concession.Tax rate and threshold tables for clubs and hotelsClub tax rates: current and from August 2022Monthly average per machine revenue ($)Current: tax rate (%)Monthly average per machine revenue ($)From August 2022: tax rate (%)Tax concession rate (%) Less than 26660Less than 266608.332666 or more and less than 12,50046.702666 or more and less than 666746.708.336667 or more and less than to 12,50051.176.3312,500 or more54.2012,500 or more60.674.33Hotel tax rates: current and from August 2022Monthly average per machine revenue ($)Current: tax rate (%)Monthly average per machine revenue ($)From August 2022: tax rate (%)Less than 26668.33Less than 26668.332666 or more and less than 12,50055.032666 or more and less than 666755.036667 or more and less than to 12,50057.5012,500 or more6
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