Sportsbet Pty Ltd v New South Wales [2010] FCA 604

FEDERAL COURT OF AUSTRALIA

Sportsbet Pty Ltd v New South Wales [2010] FCA 604 Citation: Sportsbet Pty Ltd v New South Wales [2010] FCA 604

Parties: SPORTSBET PTY LTD v STATE OF NEW SOUTH WALES, RACING NEW SOUTH WALES and HARNESS RACING NEW SOUTH WALES

File number(s): NSD 1821 of 2008

Judges: 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 New South Wales racing control bodies – Racing control bodies impose fee condition on all wagering operators regardless of the State or Territory of operation – Racing control bodies put in place exemptions and subsidies reducing number of New South Wales wagering operators economically exposed to fee to negligible number – Whether the fee condition, subsidies and exemptions inseverable aspects of single measure – Whether fee effectively only borne by interstate traders CONSTITUTIONAL LAW – Inconsistency of laws – s 49 of Northern Territory (Self-Government) Act 1978 (Cth) requires trade, commerce and intercourse between the North Territory and a State to be free – New South Wales law prohibits racing control bodies from imposing fee on wagering operators which interferes with freedom of trade between New South Wales and the Territory – Racing control bodies impose such a fee – Whether conduct contravenes s 49

Legislation: Authorised Betting Operations Act 2000 (SA) s 34 Betting Control Act 1954 (WA) s 11C Betting Tax Act 2001 (NSW) ss 8, 9 Commonwealth of Australia Constitution Act 1900 (63 & 64 Vic) (Imp) Cl V Constitution ss 92, 109 Evidence Act 1995 (Cth) ss 140, 144 Federal Court of Australia Act 1976 (Cth) ss 50, 51A Gaming Control Act 1993 (Tas) s 76C Harness Racing Act 2002 (NSW) s 6 Harness Racing Act 2009 (NSW) ss 4, 5, 6, 7 Interpretation Act 1987 (NSW) ss 31, 35 Northern Territory (Self-Government) Act 1978 (Cth) s 49 Racing Act 2002 (Qld) s 202 Racing Administration Act 1998 (NSW) ss 4, 5, 16, 19, 27, 32A, 33, 33A Racing Administration Amendment Act 2006 (NSW) Racing Administration Amendment Act 2008 (NSW) Sch 1[11], 2[10] Racing Administration Regulation 2005 (NSW) Prt 3; rs 14, 16, 25 Racing Administration Amendment (Publication of Race Fields) Regulation 2008 (NSW) Racing Administration Amendment (Race Field Publications Approvals) Regulation 2008 (NSW) Racing and Betting Act 1989 (NT) s 89 Race and Sports Betting Act 2001 (ACT) s 25 Recovery of Imposts Act 1963 (NSW) s 4 Thoroughbred Racing Act 1996 (NSW) Prt 2A; ss 4, 5, 6, 7, 10, 14A, 29, 29M Thoroughbred Racing Amendment Act 2008 (NSW) Sch 1[3] Thoroughbred Racing Further Amendment Act 2008 (NSW) Sch 1[2] Trade Practices Act 1974 (Cth) Prt IV Totalizator Act 1997 (NSW) ss 13, 17, 17A, 21A, 43A Uniform Civil Procedure Rules 2005 (NSW) Sch 5 Unlawful Gambling Act 1998 (NSW) s 8