Reading the below statements seams the best option will be to drop NSW racing from there service.

From Betfair Forum
The full bench of the High Court of Australia has today rejected Betfair’s claim that the decision to impose a 1.5% wagering turnover fee for the right to publish NSW race fields was unconstitutional on the grounds that it is discriminatory and protectionist in its nature.

Betfair was given special leave to appeal to the High Court, seeking a declaration that the fee placed a discriminatory burden on Betfair’s ability, as an inter-state operator, to compete with TAB Limited, an intra-state operator in New South Wales.

Betfair’s claim did not challenge the race fields legislation itself, which gives racing bodies the right to impose fees on wagering operators. Betfair has always maintained that wagering operators should pay a fee to the racing industry.

Betfair Australasia’s CEO, Giles Thompson, said, “We’re obviously disappointed with the decision. We maintain our belief that a gross revenue model is the fairest basis on which to tax wagering operators.

However the High Court has made its decision and when the dust settles we hope to sit down with the NSW racing bodies and endeavour to reach a commercially viable arrangement for the future.

“This finding essentially means that it is six-times more expensive for Betfair to offer New South Wales racing to customers compared to offering racing from any other state in Australia.

“A turnover fee will place extreme pressure on our ability to continue to offer our customers what we believe is the best product in the market.

“It will directly and significantly reduce the competitiveness of wagering on racing in NSW. It is ultimately the punter who will pay for this lack of competition as it will impact on the variety, quality and value of betting on racing in NSW.

“Despite this setback in NSW, Betfair remains optimistic about its position in the Australasian marketplace – we will continue to approach the future with a great degree of confidence and enthusiasm.”


NOTES TO EDITORS

• Betfair is Australia’s only licensed betting exchange. A betting exchange is a wagering operator – just like the TAB or a bookmaker – but it relies on state of the art technology to enable it to operate in a similar way to the stock exchange by effectively matching bets by punters with opposing views about a particular race or sporting event.

• Betfair Australasia is a 50:50 joint venture between Crown Limited and Betfair Group plc and has been licensed in Tasmania since February 2006. Betfair Australasia currently employs approximately 160 people in Australia – most of who are based at the company’s operational headquarters in Hobart.

TIMELINE OF COURT PROCEEDINGS

• Betfair issued proceedings against the NSW racing bodies in the Federal Court of Australia in September 2008 alleging that the turnover fee was in breach of section 92 of the Constitution because it discriminated against Betfair and was protectionist in nature.

• In June 2010 the Federal Court of Australia found that the fee did discriminate against Betfair as compared to the NSW TAB however Betfair failed to prove that it was protectionist in favour of NSW TAB.

• In November 2010 the Full Court of the Federal Court of Australia rejected Betfair’s appeal. Betfair obtained special leave to appeal to the High Court of Australia.

• In March 2012 the High Court of Australia rejected the appeal of Betfair and ruled that the turnover fee imposed by the NSW racing bodies was not in breach of section 92 of the Constitution.

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