The Victorian Gambling and Casino Control Commission (VGCCC) has issued a fine and letter of censure to a gaming venue operator for the inappropriate use of gaming revenue in their nominated gaming account which resulted in their failure to maintain sufficient funds to pay their gaming tax.
Venue operators are required to pay gaming tax on the seventh day or next business day at the end of each calendar month in accordance with the Gambling Regulation Act 2003 and the VGCCC’s operational requirements – the Accounting and Auditing Venue Requirements.
A venue operator must manage their gaming revenue to ensure sufficient funds are available in their nominated gaming account at the conclusion of each month to cover their expected tax liability. A venue operator must not use this account for any other business-related transactions, including but not limited to:
the payment of monitoring or maintenance fees,
third party service providers,
lease payments,
payments to other government bodies and any other payments in relation to non-gaming activities.
If taxes are not paid, the VGCCC may take disciplinary action which can include the cancellation or suspension of a venue operator’s licence, a change in their licence conditions, a letter of censure or fines being imposed.
Bell’s Hotel was fined $30,000 (with $20,000 suspended) in July 2023 for failing to pay gaming taxes and adhering to their key requirements.
Bell’s hotel breached its gaming tax obligations under section 3.6.6C of the Act in February 2023 by not paying gaming tax within 7 days after the end of the calendar month to which the tax relates and the outstanding tax was remitted only on the 2 June 2023, 87 days after legislative due date.
Bell’s hotel also failed to comply with its obligations regarding the nominated gaming bank account as per section 10.5.1C of the Act by deciding to use funds in the nominated account to pay for operational expenses instead of taxation obligations.