Office of Liquor Gaming and Racing v Tabcorp Holdings Limited [2016] NSWLC 25

Office of Liquor Gaming and Racing v Tabcorp Holdings Limited [2016] NSWLC 25

The relevant parts of the Racing Administration Act 1998 (NSW) and the Racing Administration Regulation 2012 (NSW) are beneficial in nature and should be interpreted broadly to achieve their protective social purpose. The advertisements published by Tabcorp were gambling advertising, offered a credit, voucher or reward, and constituted inducements to participate in gambling activities or open betting accounts within the ordinary meaning of those terms. The alleged written approvals provided by Tabcorp's in-house legal advisers did not meet the requirements for the defence under clause 12(4), as the advisers were not employees or agents of TAB Limited for these purposes, nor did their...

Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Criminal / Principal Judgment
Outcome
All offences proven beyond reasonable doubt.
Legal Topics
['gambling Advertising' 'statutory Construction' 'defences to Regulatory Offences' "interpretation of 'offer'" 'inducement to Gamble']
['criminal Law' 'administrative Law' 'statutory Interpretation' 'regulatory Law'] ['gambling Advertising' 'statutory Construction' 'defences to Regulatory Offences' "interpretation of 'offer'" 'inducement to Gamble']

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Procedural Posture

Criminal / Principal Judgment

Legal Issues

  1. 1 ['Whether Tabcorp Holdings Limited published gambling advertising that offered a credit, voucher or reward as an inducement to participate in gambling activities, in breach of the Racing Administration Regulation 2012 (NSW) clause 12(1)(h) and related provisions' "Whether the term 'offer' should be construed in a contractual or consumer protection sense for the purposes of the Regulation" 'Whether the advertisements constituted gambling advertising, and whether they were offers of a credit, voucher or reward as inducements' "Whether approval by legal advisers within a corporate group constitutes written approval for publication for purposes of the Regulation's defence clause (12(4))" 'Whether the relevant legislation should be interpreted as beneficial/remedial and interpreted widely or as penal and interpreted narrowly']

Ratio Decidendi

The relevant parts of the Racing Administration Act 1998 (NSW) and the Racing Administration Regulation 2012 (NSW) are beneficial in nature and should be interpreted broadly to achieve their protective social purpose. The advertisements published by Tabcorp were gambling advertising, offered a credit, voucher or reward, and constituted inducements to participate in gambling activities or open betting accounts within the ordinary meaning of those terms. The alleged written approvals provided by Tabcorp's in-house legal advisers did not meet the requirements for the defence under clause 12(4), as the advisers were not employees or agents of TAB Limited for these purposes, nor did their...

Court Disposition

All offences proven beyond reasonable doubt.

Orders

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