15 Aug 2012
From 17 to 19 April this year the High Court heard challenges by several tobacco companies to the validity of the Tobacco Plain Packaging Act 2011.
The companies sought to rely on s 51(xxxi) of the Constitution which empowers Parliament to make laws with respect to “the acquisition of property on just terms”.
On 15 August 2012 the High Court announced its decision. At least a majority of the Court is of the opinion that the Act is not contrary to s 51(xxxi). The decision confirmed the constitutional basis of the legislation, which will come into effect in December 2012.
The Court will publish its reasons for the decision at a later date. Visit the High Court’s website for the exact text of today’s announcement.