Sportodds Systems Pty Limited v NSW

(2003) 200 ALR 403; [2003] FCAFC 237

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Interrogate

Catchwords

1. Constitutional Law (Cth)
2. › Freedom of interstate trade and commerce
3. › Section 92 of the Constitution
4. › Discriminatory burdens of a protectionist kind
5. › Whether requirement of physical presence at licensed racecourse discriminates against interstate traders
6. › Whether factual material sufficient to determine discrimination
7. › Constitution, s 92
1. Constitutional Law (Cth)
2. › Freedom of interstate trade and commerce
3. › Australian Capital Territory (Self-Government) Act 1988 (Cth), s 69
4. › Freedom of trade between ACT and States
5. › Whether requirement of physical presence at licensed racecourse burdens trade between ACT and NSW
1. Constitutional Law (Cth)
2. › Validity of State legislation
3. › Severance and reading down
4. › Whether invalidity of provisions in one statute within legislative scheme renders provisions of another statute in same scheme invalid
5. › Interpretation Act 1987 (NSW), s 31
1. Practice and Procedure
2. › Declaratory relief
3. › Discretionary nature of declarations
4. › Whether Court should grant declaration where insufficient factual material before Court
5. › Constitutional facts
6. › Court's obligation to inform itself

Quick Take

A declaration of constitutional invalidity based on s 92 requires sufficient factual material before the Court to establish both the discriminatory operation of the impugned law and the absence of legitimate justification; mere assertion is insufficient.