STATE TAXATION LEGISLATION AMENDMENT BILL 2014 – Delivered in Parliament 3 April 2014
Mr Pallas (Tarneit) — I rise to speak on the State Taxation Legislation Amendment Bill 2014 and also in passing to make reference to the amendments circulated by the Treasurer. To make it clear, Labor opposes this bill because at a time when Victoria is losing jobs we do not support a cash grab that will cost thousands more jobs.
We will take the government to the evidence of that from the industry, which actually knows a little bit about the jobs that it provides and the impact that these taxes will have on it.
Our unemployment rate is well above the national average already. There are more than 50 000 more unemployed people now than when this government came to office. Youth unemployment is the highest on the mainland, and of course the Age today has reported that Victoria has become the hardest place on the mainland to find a job. The latest vacancy count from the Australian Bureau of Statistics puts the chance of an unemployed Victorian landing a job in the state at close to one in nine. That means that there are about nine unemployed Victorians in competition and scrambling for each job vacancy as it occurs. That is not even counting those who have given up looking for work or who are underemployed.
The Premier has spent more time fighting the South Australian Premier than he did fighting for the 500 jobs that were announced yesterday as being lost at Boeing and Philip Morris, yet there has been no action and no acknowledgement that there is a problem. There is also no jobs plan. This dysfunctional minority government, weakly led by the Premier, has no plans to fix the jobs crisis. The Premier is asleep at the wheel. His government is directionless, while jobs bleed out of the Victorian economy. This bill does nothing more than exacerbate that situation, as the state of the Victorian economy is a direct consequence of this government’s incompetence.
This bill is a jobs killer from a jobs-destroying government. The Premier of South Australia has made it clear that the Victorian Premier does too little, too late in his approach to fighting for industry and for jobs, and that will cost Victorians dearly.
The latest action of this job-destroying, delicate minority government of hypocrites is the dirty deal that it has done with the member for Frankston to enable it to gouge community, not-for-profit clubs with massive tax increases. This is another example of the Treasurer’s addiction to these particular sources of revenue. He obsessively keeps coming back to these sources of revenue over and over again.
The car park tax take has nearly tripled under this government. The Treasurer and staffers are constantly tramping up to level 3 of Parliament House. They are on their way to go to see the member for Frankston to ingratiate themselves with him because they know who runs this government. We can barely get around the hordes of Liberal staffers and ministers making their way up to see the member for Frankston. We know who actually runs this government, and it is the member for Frankston. What a paltry alteration the member for Frankston has been able to achieve: he has been able to change the word ‘April’ to ‘May’.
That is a pretty sad indictment of somebody who said he was concerned about this legislation and the impact it would have upon jobs in his community. That impact will be real; it is going to happen.
The Treasurer told the Australian Financial Review that there were no plans to amend the legislation, but now he has capitulated, at least in part. However, I have to say that the member for Frankston has not negotiated particularly well. Nobody on the opposite side of the chamber is covered in any amount of glory. The Treasurer says, ‘I am not changing’, and then he changes. The member for Frankston says, ‘I am worried about jobs and the impact of this on my community’, and then he gets little for it. What a demonstration that this government has no capacity to impact issues that genuinely affect Victoria.
The Premier can clearly battle with the best of them when it comes to the member for Frankston. In this case he swayed like a tree in a high wind.
We know he is Jeeves, the butler to the member for Frankston — and we know who the footman to the member for Frankston is! That is exactly where this government has left Victorians.
Having said that we oppose this bill, I move:
- That all the words after ‘That’ be omitted with the view of inserting in their place the words ‘this bill be withdrawn and redrafted to:
(1) take into account the outcome of extensive public consultation about the proposed amendments to the Congestion Levy Act 2005 and the Gambling Regulation Act 2003, as many are strongly opposed to these provisions; and
(2) retain the remaining provisions relating to the proposed amendments to the Fire Services Property Levy Act 2012 and the Valuation of Land Act 1960.’.
Placing in the same bill on the one hand the job-killing gambling taxation amendment and the unjust, gerrymandered congestion levy measures and on the other hand the changes — —
Mr O’Brien interjected.
The DEPUTY SPEAKER — Order! The Treasurer will stop interjecting.
Mr Pallas — Your protection yet again is greatly appreciated, Deputy Speaker.
What we see is the botched fire services levy and a Treasurer who has been dragged kicking and screaming by Labor’s campaign to make amendments to this tax. What a joke this is. We have seen members of this government get up time and again and say, ‘There is nothing wrong with our awesome fire services property levy. It’s working well’. Now here the government is fixing up its problems, or at least it is making a desperate effort to do so. How sad that its insufferable arrogance has led it to this point, but government members did not listen to the concerns Labor members put forward time and again. Even now they have failed in a substantive way to address all of the problems created by this unfair charge. The government is trying to hold the Parliament to ransom here. It should be prevented from doing so in order that its legislative program can truly be considered on its merits rather than as this higgledy-piggledy, hodgepodge amalgam of ideas and legislative efforts.
However, there is one thing we know about this government, and that is that you do not get between it, a bucket of money and taxpayers pockets, because this is the highest own-source revenue-raising government in this state’s history. The revenue-raising measures in the bill involve expanding the congestion levy area into mostly Labor-held electorates and increasing gambling revenue in part by reducing the return-to-player ratio required of electronic gaming machines. These changes are unfair to those affected. They amount to gross hypocrisy on the part of the coalition, and the opposition does not consider that they should be implemented. If there is any consistency in politics — that is, if the pontificating we heard from those opposite while they were in opposition were to be translated into consistency of action in government — then these bills would never see the light of day. This government is good at finding other people to blame for the things it is actually doing. This is a government addicted to revenue raising that will not lose any opportunity to consistently touch up the Victorian taxpayer.
I turn now to the gaming regulation changes, and I will put this into a broad context: dirty deals done dirt cheap. Let us consider part 1 — dirty deals. The Premier and Treasurer have done some kind of deal with the member for Frankston, but Victorians do not know exactly what deal has been made, to get the bill passed. After having panicked and pulled the bill from the business program when it was first scheduled to be debated, they have somehow appeased the member for Frankston, but pubs and clubs right across this state — clubs in particular — are outraged. They remain outraged about this government’s craven attempts to garner more and more revenue.
The dirty backroom deals done with the member for Frankston will simply provide a minor delay to the financial pain that will be inflicted on local clubs and pubs and their staff. The Premier has proven once again that he is willing to put his own job ahead of those of the thousands of workers who will be negatively impacted by this.
It is thousands of jobs in the hospitality industry done dirt cheap. Part 2 is dirty deals done dirt cheap.
The Community Clubs Association of Victoria said it was disappointed the government had not rethought the tax burden on clubs, but it had not.
Mr Shaw interjected.
The DEPUTY SPEAKER — Order! The member for Frankston! If the member for Frankston puts his name on the list, he will be able to speak on the bill. I ask him to desist from interjecting.
Mr Pallas — We would all seek illumination from the man who calls the shots in the Napthine government.
As I have said, the Community Clubs Association of Victoria was disappointed that the government had not rethought the tax burden on clubs. Clubs Australia was even more scathing in its assessment. In a press release dated 28 March it said:
- The unprecedented tax grab, which will cost community clubs $75 million over four years, is essentially a fundraising measure for the Napthine government in an election year — at the expense of clubs, community groups and charities.
You could not get more scathing than that. This tax grab is from the people who said they would not increase taxes as their commitment to the people of Victoria. We know what commitments from this mob amount to: they are not worth the paper they are written on.
The Age has reported today that clubs are furious with the government and have warned that jobs will be lost and sporting and community clubs will lose funding. They are predicting that not-for-profit clubs in Victoria will lose $75 million over four years.
The changes to be made by the government in order to appease the member for Frankston will not make any substantive difference. They are a failure if their intention was to assist clubs to deal with the pernicious burden of this unfair tax. The changes to be made are a failure, a dramatic failure that demonstrates that the relationship between this government and the member for Frankston is foul and unfair and hurts Victorians. The changes made, about which Clubs Australia is scathing in its assessment, are referred to as ‘a small stay of execution for not-for-profit community clubs’. The Clubs Australia press release also says:
- … the Napthine government was putting the future of the Victorian club industry, along with the jobs of thousands of people, at risk.
When unemployment in this state rises, as it has done inexorably from 4.9 per cent to 6.4 per cent under this government’s watch, who is to blame? We know exactly who is to blame.
Mr O’Brien interjected.
Mr Pallas — Here we have the genius Treasurer saying, ‘It wasn’t 4.9’. Seasonally adjusted, in December 2010 it was 4.9, you clown! That just demonstrates how little this bloke knows about the economy. Clubs Australia also said:
- The Napthine government’s plan shows that they either don’t understand or don’t care about — —
Mr O’Brien interjected.
Mr Pallas– Lord Farqhuaad here, going on — —
The DEPUTY SPEAKER — Order! We will not have name-calling in this chamber.
Mr Pallas — Clubs Australia said:
- The Napthine government’s plan shows that they either don’t understand or don’t care about the financial stress —
that it has already inflicted on many Victorians and that is —
- already suffered by many clubs as well as the important contribution clubs make to their local communities.
That seems to have been lost on this government but it is not lost on the communities and the clubs whose representatives are out there speaking to their local papers, to those who go to their clubs and rely upon the services that those clubs provide and also to the people whose jobs those clubs provide. Those are jobs lost through a craven, callous cash grab.
Let us talk about hypocrisy because this bill is the legislative embodiment of hypocrisy. In 2009, when he was merely the member for Malvern and was developing the Malvern doctrine, the Treasurer complained about the previous government’s so-called ‘addiction to gambling revenue’. With pomposity and self-righteous indignation he explained that he did not believe that a government ‘could claim to care about problem gambling when its tax take from gambling is increasing’. Can members believe that that is what he said? What has he done in the legislation he has introduced?
Year on year, time after time, he has been cranking up the tax take, getting into the pockets of gamblers and putting people out of work. That is what this Treasurer is good at and what this government specialises in: robbing Victorians of opportunities. It is a sad and callous act.
The Treasurer went on to say, ‘We know it is problem gamblers who contribute a disproportionate share of revenue to gambling’ He also said:
- Governments like gambling taxes — and he has demonstrated that —
- but when you see the amount of gambling tax revenue that is contributed by problem gamblers, that tells you that we really have an ethical obligation as legislators to take all reasonable steps to try to minimise the extent to which problem gamblers are encouraged to pursue that destructive behaviour.
The most destructive behaviour we have seen from members of this government has been their desire to squeeze more and more revenue from gamblers, their desire to continue to plunder the pockets of gamblers. The Treasurer went on to say that the Victorian community does not condone the former government’s insatiable appetite for gambling revenue. What overblown pomposity and self-righteousness that is. What a joke! This bloke must stay awake at night wondering how he can get away with the hypocrisy of what he has done to the people of Victoria.
Even before this new tax, gambling revenue under this government had increased by 15 per cent since 2010.
Local community not-for-profit clubs are losing out because of the action this government has taken. The fact that the government is taxing as no other government before has taxed, that its revenue is higher from own-sourced tax revenue than it has been from any other government, demonstrates the government’s desire simply to plunder the pockets of Victorians.
Not-for-profit community sporting clubs in my community are being devastated by this tax. People at the Hoppers Club have told me that this deal done with the member for Frankston will not fix their problems and that it will not come even close to fixing their problems. They were hoping for something much more substantial, and this will do nothing for them. They are terminating about five equivalent full-time positions in management, and they are reducing their hours of operation. That is a demonstration that this tax is at least in part having an impact upon those clubs. They are also terminating sponsorship of local sporting clubs and refusing requests for donations — and they get many of those every week.
People at the Hoppers Club tell me that the yearly impact of this tax on them will be $171 477 in extra tax.
They tell me that this has serious implications on their cash flow, resulting in, among other things, $100 000 being cut from their annual wages budget, a hold on all community sponsorships and donations, reduced members services and a 100 per cent increase in membership fees. More recent announcements of the ability to extend gaming entitlement payments by six months on an opt-in basis does little to ease the burden. A further and major financial impost is the introduction of voluntary precommitment in August 2015, which will require approximately $170 000 in set-up fees plus annual monitoring fees.
Mr O’Brien interjected.
Mr Pallas — We do not support this bill. If I have not made myself clear to the Treasurer or those on the other side, we do not support this bill.
This is what the Hoppers Club had to say:
- In closing, this extra tax, in my humble opinion, is just another kick in the guts to clubs and comes off the back of a number of major reforms which have hurt the club sector to a stage where its viability is seriously threatened. Further, gaming as a product is under serious threat and it is questionable as to its viability going forward.
- I am personally saddened that our club, a club with a proud 40-year history of serving its community, now finds itself in such an unenviable position that it has to cut jobs, reduce services to members and discontinue with valuable support to the community.
They are not the only ones in my community. The Werribee Tigers football club is the biggest football club in the fastest growing area in the state. The club estimates that this new tax will cost it $264 000 a year, which will affect its community sport sponsorship activities.
One of the more important community activities this club undertakes is to support multicultural sporting programs, including the Wyndham Sporting Opportunities Project. This project encourages young people from culturally diverse backgrounds to get involved in sport, and the club works with both primary and secondary schools to encourage participation in sport and involvement at a local level. The club is now worried that it will not be able to continue to fund programs like this.
Both the Hoppers Club and Werribee Tigers say that the return-to-player ratio is an absolute furphy, impossible to implement and in no way capable of providing compensation for the additional tax. There they are — writ large — some real examples of clubs. These types of clubs exist throughout all our communities, and they will be losing funds and losing staff as a consequence of the tax.
That is not all. Let us turn now to the gerrymandered congestion levy.
Last year the coalition government expanded the congestion levy to all car parks, not just long-stay car parks, expanding the area into Docklands and increasing the rate from $950 to $1300. Now the government is going even further, expanding the congestion levy area far beyond its original intentions, brazenly gerrymandering the area to exclude the Liberal-held electorate of Prahran but happily slugging a group of people who had the temerity to vote for Labor at the last election. This is legislation by rank hypocrisy. The affection this government has for increasing the congestion levy is astonishing, considering its total opposition to it when the legislation was first introduced by the previous Labor government.
The now Attorney-General and Minister for Finance, the member for Box Hill, told the Parliament on 20 October 2005 that the coalition opposed the Congestion Levy Bill 2005 because it was:
- … purely and simply a grab for extra revenue, dressed up with a fabricated claim that it will ease inner city congestion.
According to the now Attorney-General, the coalition was apparently opposed to the idea of imposing a substantial compliance burden on not only car park operators and the owners of large city buildings but on everybody who owns a car parking space within the area to which this levy applies. He also said on that day:
- It is going to be yet another tax on motorists on top of the increases in registration charges and drivers licences, and on top of the ever-present misuse of speeding fines as a revenue raising device.
What an amazing Damascus-like version this government went through! The hypocrisy is dripping off members from the other side of the chamber.
On 25 October 2005 he directed a question without notice to the then Treasurer:
- … will the Treasurer guarantee that there will be no future extension of his tax to residential parking and no extension of this tax beyond its current boundaries?
What a load of codswallop! We are forced to listen to the hypocrisy of those opposite as they garner revenue from any source, as they turn over any stone, in order to line their pockets by taking it from the pockets of Victorians.
On 16 November 2005 the now Deputy Premier called the congestion levy ‘thievery’ and complained about the $40 million that the levy would raise. However, following the changes his government made in the last budget and budget update the levy is set to be $123 million next year — more than triple the amount. If that is not thievery, what is it? It is insufferable arrogance and hypocrisy, and every Victorian will know it.
This tax will hurt councils. Moreland City Council, which supports the idea of a congestion levy in principle, noted that it had no consultation with the State Revenue Office until it was notified by the Municipal Association of Victoria. The council is concerned about the impact on traders and user groups, especially when there was little notice and of course no negotiation or benefits to the local area. Moreland council even supports the idea of a levy as a means to encourage sustainable transport — Moreland wants to get on board — but it has been poorly applied. The council estimates that it will be worse off under the new scheme, as the levy and the subsequent charge on businesses would have to increase 887 per cent from $83 to $736, if the council were to pass on the cost. If that is not job destroying, I do not know what is. The new charge means it is not financially viable for Moreland council to retain its off-street paid parking meters and will require changes to the council’s parking management policy and the Brunswick integrated transport strategy.
In my last 2 minutes I will turn to the fire service property levy measures. I lament the insufferable arrogance displayed by the Treasurer who insisted for so long that the fire service property levy was a brilliantly handled gift to the people of Victoria He has finally been forced to turn around and fix up, albeit in a botched fashion, a problem of his own making. It was the height of arrogance for him to have claimed in his announcement of the change that the government was pleased to be able to deliver this tax relief for Victorians — tax relief from what? Their own tax! — when he was the one who made the problem in the first place. This is the deranged tactic of a bully seeking gratitude from a group of people for having the compassion to only charge this eye-wateringly exorbitant levy for one year rather than into perpetuity.
The amendments to the Fire Services Property Levy Act 2012 and the Valuation of Land Act 1960 are long overdue. Not one of the problems with this scheme has been solved.
The Treasurer’s amendments are finally an acknowledgement of the classification of residential use investment properties as commercial rather than residential. The practical result of what was a manifold increase in the amount of the fire services levy due was deeply unfair. The opposition raised these issues countless times with the Treasurer, and of course we were accused of standing up for the asset rich. What a joke! This government fails to acknowledge that it is the principal inflictor of the pain Victorians are feeling. This is a job-destroying government and a job-destroying bill.