320 Calculating levy

(1)

The formula in subsection (2) provides a mechanism for allocating among gambling operators, and collecting from them, the approximate cost of an integrated problem gambling strategy.

(2)

The following formula is to be used to assist in estimating the proposed levy rates payable by gambling operators:

levy rate = ({[(A × W1) + (B × W2)] × C} ± R) ÷ D

where—

A

is the estimated current player expenditure in a sector divided by the total estimated current player expenditure in all sectors subject to the levy

B

is the customer presentations to problem gambling services that can be attributed to gambling in a sector divided by total customer presentations to problem gambling services in which a sector that is subject to the levy can be identified

C

is the funding requirement for the period for which the levy is payable

D

is the forecast player expenditure in a sector for the period during which the levy is payable

R

is the estimated under-recovery or over-recovery of levy from a sector in previous levy periods

W1 and W2

are weights, the sum of which is 1.

(3)

In this section,—

(a)

player expenditure,

(i)

for the New Zealand Racing Board, has the same meaning as betting profits in section 4(2) and (3) of the Gaming Duties Act 1971; and

(ii)

for a gaming machine operator (including the New Zealand Racing Board), has the same meaning as gaming machine profits in section 104(5); and

(iii)

for a casino operator, has the same meaning as casino win in section 12M of the Gaming Duties Act 1971; and

(iv)

for the Lotteries Commission, means turnover less prizes paid and payable:

(b)

the proposed amounts of A and B, and the periods to which they apply, must take into account the latest, most reliable, and most appropriate sources of information from—

(i)

the Inland Revenue Department or the department responsible for the administration of this Act on expenditure; and

(ii)

the department responsible for the integrated problem gambling strategy on customer presentations to problem gambling services:

(c)

the proposed amount of C must take into account the approximate cost to Government of the integrated problem gambling strategy in the 3-year period for which the levy is payable:

(d)

the proposed amount of D must take into account—

(i)

the latest, most reliable, and most appropriate sources of information on past expenditure available from the Inland Revenue Department or the department responsible for the administration of this Act; and

(ii)

advice from the Secretary on an appropriate forecasting method:

(e)

the values of W1 and W2 must be specified in the regulations.

(4)

The problem gambling levy payable by a gambling operator is calculated by multiplying player expenditure by the levy rate calculated for that operator.

(5)

To avoid doubt, in calculating the problem gambling levy, and in making regulations under this section,—

(a)

the amount of player expenditure may be for less than a year (for example, a week, a month, or a quarter); and

(b)

the levy may be calculated and collected at intervals of less than a year (for example weekly, monthly, or quarterly).

Section 320(2) formula: amended, on 3 March 2015, by section 107(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 320(2) formula item R: inserted, on 3 March 2015, by section 107(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 320(3): amended, on 3 March 2015, by section 107(3) of the Gambling Amendment Act 2015 (2015 No 3).

Section 320(3)(a): amended, on 3 March 2015, by section 107(4) of the Gambling Amendment Act 2015 (2015 No 3).

Section 320(3)(a)(ii): amended, on 3 March 2015, by section 107(5) of the Gambling Amendment Act 2015 (2015 No 3).

Section 320(3)(b)(i): amended, on 3 March 2015, by section 107(6) of the Gambling Amendment Act 2015 (2015 No 3).

Section 320(3)(c): replaced, on 3 March 2015, by section 107(7) of the Gambling Amendment Act 2015 (2015 No 3).

Section 320(3)(d)(i): amended, on 3 March 2015, by section 107(8) of the Gambling Amendment Act 2015 (2015 No 3).