AJ 025 Lecture Notes - Lecture 23: Betfair, Prima Facie, Betting Exchange
8 Sep 2020
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Can be where there is prima facie discrimination designed to achieve equality (bath v alston holdings) and where there is no prima facie discrimination but interstate traders are disadvantaged (castlemaine tooheys v sa and betfair cases) When is discrimination reasonably appropriate and adapted to a non- protectionist purpose? (castlemaine and betfair) Vic scheme challenged that introduced a 25% tax on all tobacco sold in victoria. Imposed the tax on wholesalers for tobacco grown in victoria. Wanted to apply to all tobacco but couldn"t impose on interstate wholesalers, so instead imposed it on retailers sourcing from interstate wholesalers so that the same fee would be paid either way. Prima facie discrimination in that vic retailers are being taxed for sourcing tobacco from interstate. So based on this, all judges found that the law imposed a burden on interstate trade and commerce and it was discriminatory. But court was split on whether it was protectionist in substance.
