Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Betfair Pty Ltd v Racing New South Wales [2010] FCA 603 Citation: Betfair Pty Ltd v Racing New South Wales [2010] FCA 603
Parties: BETFAIR PTY LTD v RACING NEW SOUTH WALES, HARNESS RACING NEW SOUTH WALES and ATTORNEY-GENERAL (NEW SOUTH WALES)
File number: NSD 1566 of 2008
Judge: PERRAM J
Date of judgment: 16 June 2010
Catchwords: CONSTITUTIONAL LAW – Freedom of interstate trade – New South Wales law authorising imposition of licence condition requiring fee to be paid to State racing control bodies – Racing control bodies impose fee condition on all wagering operators regardless of the State or Territory of operation – Racing control bodies impose fee on all wagering operators as percentage of total value of bets placed – Discrimination – Whether fee discriminated against a Tasmanian betting exchange and in favour of New South Wales totalizator by reason of differences in commission structures – Protectionism – Whether discriminatory effect must reduce competitive advantages of interstate trader – Relevance of intention
Legislation: Australian Jockey Club Act 1873 (NSW) Betting Tax Act 2001 (NSW) ss 5A, 8, 9, 10 Constitution ss 90, 92 Copyright Act 1968 (Cth) Corporations Act 2001 (Cth) Crimes Act 1900 (NSW) ss 316, 545B Crimes (Sentencing Procedure) Act 1999 (NSW) s 17 Federal Court of Australia Act 1976 (Cth) s 50 Gaming Control Act 1993 (Tas) ss 3, 76I, 76N, 76VA, 76ZDB, 76ZDD, 150A, 150AC Gaming Control Regulations 2004 (Tas) r 5A Harness Racing Act 2002 (NSW) Harness Racing Act 2009 (NSW) ss 5, 9 Interactive Gambling Act 2001 (Cth) ss 5, 8A, 15, 15A Racing Administration Act 1998 (NSW) ss 4, 16, 18, 24, 27, 32A, 33, 33A, 33B, 33D, 33E; Sch 1 [1] Racing Administration Amendment Act 2008 (NSW) Sch 1[11] Racing Administration Regulation 2005 (NSW) rs 14, 16, 25 Racing Legislation Amendment Act 2006 (NSW) s 2 Recovery of Imposts Act 1963 (NSW) s 4 State Revenue Legislation Amendment (Budget) Act 2002 (NSW) Sch 2 Statute Law (Miscellaneous Provisions) Act 2008 (NSW) Sch 2[2] Statutory and Other Offices Remuneration Act 1975 (NSW) Sydney Turf Club Act 1943 (NSW) s 3 Thoroughbred Racing Act 1996 (NSW) Pt 2A; ss 4, 5, 6, 7, 10, 13, 15, 29, 29M, Totalizator Act 1997 (NSW) ss 6, 11, 13, 14, 15, 17, 21A, 69 Trade Practices Act 1974 (Cth) s 52 Unlawful Gambling Act 1998 (NSW) ss 4, 8, 9
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