High Court of Australia

Sportsbet Pty Ltd v New South Wales [2012] HCA 13

249 CLR 298; 86 ALJR 446; 286 ALR 404

30 Mar 2012

Case Number: S118/2011


French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ


Constitutional law (Cth) – Operation and effect of Constitution - Freedom of interstate trade, commerce, and intercourse - Approval of use of NSW race field information for fee on wagering turnover - Practical effect of imposition of fee - Connection between location of wagering operator business and turnover of that business - Prejudice upon trade and not upon particular traders - Whether power of approval under Racing Administration Act 1998 (NSW), s 33A confined by positive rule that trade and commerce between Territories and States shall be absolutely free - Whether legislation granting power of approval imposed discriminatory restraints and interferences of protectionist kind.

Constitutional law (Cth) – Operation and effect of Constitution - Inconsistency of laws - Effect of Interpretation Act 1987 (NSW), s 31 on questions of inconsistency between Commonwealth and State law - Whether Northern Territory (Self-Government) Act 1978 (Cth), s 49 limits State legislative power - Whether Racing Administration Act, ss 33 and 33A inconsistent with Northern Territory (Self-Government) Act, s 49 and invalid to extent of inconsistency - Whether Northern Territory (Self-Government) Act, s 49 interpreted in accordance with s 92 of Constitution.

Words and phrases – "free trade", "practical operation", "protectionism".

Constitution – ss 92, 109.

Interpretation Act 1987 (NSW) – s 31.

Northern Territory (Self –Government) Act 1978 (Cth), s 49.

Racing Administration Act 1998 (NSW) – ss 33, 33A.

Racing and Betting Act (NT) – s 90.

Racing Administration Regulation 2005 (NSW) – Pt 3.


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