When the Victorian government disbanded the pokie duopoly that was held by Tatts Group and TabCorp, the two gaming firms took the news well. The situation only turned ugly when they discovered that they had incurred a full year’s Health Benefit Levy, despite their licenses being revoked just 46 days into the financial year.
At first, Tatts Group and TabCorp were happy to take the situation lightly and address the issue outside of court. Unfortunately, the Victorian government did not respond, and the gaming firms decided that it would be best for a judge to deliberate on the dispute. Justice Kim Hargrave weighed in on the issue, and decided that it was unfair of Treasurer Michael O'Brien to impose the full Health Benefit Levy on the operators.
Since they operated for less than a quarter of the year, the companies should only have to pay the benefit for that period of time. It is not a simple oversight, and Justive Hargrave announced that it was wrong of O’Brien to attempt to charge Tatts Group and TabCorp so much money.
"In my opinion, the Treasurer's contentions would attribute to Parliament an intention to knowingly legislate for a tax or levy which is unfair and unreasonable," said Justice Hargrave. The Opposition has now jumped on board, bashing the Victorian government for its transgression.
Gaming Minister Martin Pakula was not impressed with the handling of the situation, and has stated that the Victorian government was arrogant to believe that it could get away with overcharging two of the country’s biggest pokies operators. O’Brien must now recalculate the total tax that each operator must pay. Tatts Group and TabCorp believe that they should pay between $5 million and $7 million for the period.
The final amount has yet to be decided on, but we can expect a decision sometime in the very near future, as this issue is quite urgent.