(1) The Finance Act 2002 is amended by the substitution of the following section for section 67A:

"67A. Remote betting duty

(1) There shall be charged, levied and paid on and by every licensed bookmaker who makes, lays or otherwise enters into any bets by remote means with persons in the State an excise duty (in this Chapter referred to as 'remote betting duty') at the rate of 2 per cent on the amount of every bet entered into by him or her.

(2) For the purpose of this section the amount of a bet shall be -

(a) the sum of money or the open market value of other consideration which by the terms of the bet the licensed bookmaker will be entitled to receive, retain, or take credit for if the event the subject of the bet is determined in his or her favour, or

(b) where the amount cannot be determined in accordance with paragraph (a) at the time the bet is placed, the amount of the unit stake.

(3) Notwithstanding subsection (2), where a bet is placed by a person in pursuance of an offer which permits the person to pay nothing or less than the amount which that person would have been required to pay without the offer, the amount of the bet shall be equal to the amount of the unit stake.

(4) Whenever it is proved to the satisfaction of the Revenue Commissioners -