High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
GUMMOW, KIRBY, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ
BETFAIR PTY LIMITED & ANOR PLAINTIFFS
AND
STATE OF WESTERN AUSTRALIA DEFENDANT
Betfair Pty Limited v Western Australia [2008] HCA 11
27 March 2008
C2/2007
ORDER
1. The questions reserved in the amended special case dated 7 June 2007 be answered as follows:
Question One
Is s 24(1aa) of the Betting Control Act 1954 (WA) invalid either:
(a) wholly; or
(b) to the extent that s 24(1aa) would apply to a person, including the second plaintiff, who makes or accepts offers to bet through the use of the first plaintiff's betting exchange, by telephone or internet communication between a place in Western Australia and the Tasmanian premises,
by reason of s 92 of the Constitution?
Answer
Section 24(1aa) of the Betting Control Act 1954 (WA) is invalid to the extent that it would apply to a person including the second plaintiff, who makes or accepts offers to bet through the use of the first plaintiff's betting exchange by telephone or internet communication between a place in Western Australia and the Tasmanian premises of the first plaintiff.
Question Two
Is s 27D(1) of the Betting Control Act 1954 (WA) invalid either:
(a) wholly; or
(b) to the extent that s 27D(1) would apply to conduct of the first plaintiff in publishing or otherwise making available a WA race field:
(i) by way of telephone or internet communication between the Tasmanian premises and a place in another State; or
(ii) for the purpose of making or receiving offers to bet through the use of the first plaintiff's betting exchange by telephone or internet communication between the Tasmanian premises and a place in another State,
by reason of s 92 of the Constitution?
Answer
Section 27D(1) of the Betting Control Act 1954 (WA) is invalid to the extent that it would apply to conduct of the first plaintiff in publishing or otherwise making available a WA race field:
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