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Constitutional questions over betting ban

Friday, 24 May 2013

The South ÐÓ°ÉÖ±²¥n Government's plans to ban live betting advertising in broadcast media and at sporting grounds raises some serious legal questions, says ÐÓ°ÉÖ±²¥ of Adelaide constitutional expert .

Professor Williams, Dean of the ÐÓ°ÉÖ±²¥'s , says that the move would be open to Commonwealth challenge, but carefully drafted legislation could see the SA Government have its way.

"The legal question will be whether this ban on broadcasting live betting is possible in South ÐÓ°ÉÖ±²¥ when national broadcasters are involved," says Professor Williams.

"Historically State parliaments have been responsible for regulating gaming using South ÐÓ°ÉÖ±²¥n legislation that regulates licensing of local as well as interstate betting operators.

"Under the Constitution, the Commonwealth has authority to regulate 'postal, telegraphic, telephonic, and other like services'. The Commonwealth Parliament has established the ÐÓ°ÉÖ±²¥n Communications and Media Authority as the regulator as well as the Broadcasting Services Act."

Professor Williams says there are two possible constitutional challenges to a South ÐÓ°ÉÖ±²¥n ban: that a broadcaster with a Commonwealth licence should be able to conduct their business free of any inconsistent South ÐÓ°ÉÖ±²¥n law; and that South ÐÓ°ÉÖ±²¥ is protecting its gambling industry from interstate bookmakers.

"Those drafting the South ÐÓ°ÉÖ±²¥n legislation would need to ensure that regulation targeted bookmakers rather than broadcasters, and didn't differentiate between interstate and local bookmakers," he says.

"Then the proposed ban might defeat a challenge brought on constitutional grounds."

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