Ladbrokes Digital Australia Pty Ltd v Liquor & Gaming NSW [2019] NSWCCA 26

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ladbrokes Digital Australia Pty Ltd v Liquor & Gaming NSW [2019] NSWCCA 26 Hearing dates: 25 June 2018 Decision date: 20 February 2019 Before: Simpson AJA at [1] Wilson J at [72 ] Lonergan J at [73 ] Decision: 1. Question 1 of the stated case: answer "no"; Question 2 of the stated case: answer "no"; Question 3 of the stated case: answer "no";

2. Each conviction entered in the Local Court and upheld in the District Court is quashed. Catchwords: CRIMINAL LAW – CONVICTION – Stated case from District Court – prohibition on licensed wagering operators publishing any gambling advertisement that offers any inducement to participate, or to participate frequently, in any gambling activity – odds boost product/feature – three questions of law – meaning of "offers an inducement" – statutory construction – plain and ordinary meaning – Macquarie Dictionary – context – legislative purpose of amendments – explanatory note – features of gambling activity legitimately advertised

WORDS AND PHRASES – "inducement" - "offers an inducement" – "betting information" – "odds boost products" – "advertising betting information" – any betting information" – "gambling advertising" – "licensed betting service providers" – "nature and characteristics" of product Legislation Cited: Betting and Racing Act 1998 (NSW), ss 3, 4, 27, 29, 30, 37 Betting and Racing Regulation 2012 (NSW), cll 11, 12, 13 Crimes (Appeal and Review) Act 2001 (NSW), ss 11, 18 Criminal Appeal Act 1912 (NSW), s 5B Racing Administration Act 1998 (NSW) Racing Administration Amendment Regulation 2015 (NSW) Racing Administration Amendment (Sports Betting National Operational Model) Act 2014 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Betfair Pty Limited v State of Western Australia (2008) 234 CLR 418; [2008] HCA 11 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 The Heating Centre Pty Ltd v Trade Practices Commission (1986) 9 FCR 153; [1986] FCA 72 Texts Cited: Nil Category: Principal judgment Parties: Ladbrokes Digital Australia Pty Ltd (Appellant) Liquor & Gaming NSW (Respondent) Representation: Counsel: J K Kirk SC /P Herzfeld (Appellant) J Giles SC /R Ranken (Respondent)