In Australia, gaming group Tabcorp has won its case against the Victorian government over the application of the Health Benefit Levy on its gaming machines.

Tabcorp

The Supreme Court of Victoria this week ruled in the company’s favour in relation to proceedings it commenced on May 16, challenging the way the levy had been applied.

The government had applied the HBL for the 2013 financial year, without regard to the fact that Tabcorp had ceased to operate gaming machines in Victoria on August 15, 2012. This, the company said, would have impacted its earnings by an estimated AU$18.3m after tax.

The court decided that the Victorian government does have the discretion under the Gambling Regulation Act 2003 to calculate HBL on a pro rata basis. Tabcorp now plans to submit to the government that the discretion should be applied to calculate the levy on a pro rata basis to the 46 days the company operated machines in the 2013 financial year.