High Court of Australia

Maloney v The Queen [2013] HCA 28

87 ALJR 755; 298 ALR 308

19 Jun 2013

Case Number: B57/2012


French CJ, Hayne, Crennan, Kiefel, Bell, Gageler JJ


Discrimination law – Racial discrimination – Certain geographical areas on Palm Island subject to restrictions as to nature and quantity of liquor which may be possessed – Palm Island population overwhelmingly Aboriginal – Appellant, an Indigenous member of Palm Island community, convicted of possessing liquor in restricted area on Palm Island – Whether restrictions affected enjoyment of right to equal treatment before tribunals protected by Art 5(a) of International Convention on the Elimination of All Forms of Racial Discrimination ("Convention") – Whether restrictions affected enjoyment of right to own property protected by Art 5(d)(v) of Convention – Whether restrictions affected enjoyment of right of access to places or services for use by general public protected by Art 5(f) of Convention – Whether restrictions engaged s 10 of Racial Discrimination Act 1975 (Cth) – Whether restrictions valid as special measure within meaning of s 8 of Racial Discrimination Act.

Constitutional law (Cth) – Inconsistency between Commonwealth and State laws – Whether State law inconsistent with Commonwealth law and invalid to extent of inconsistency pursuant to s 109 of Constitution.

Words and phrases – "human rights or fundamental freedoms", "racial discrimination", "right of access to any place or service intended for use by the general public", "right to equal treatment before the tribunals and all other organs administering justice", "right to own property", "special measure".

Constitution – s 109.

Liquor Act 1992 (Q) – ss 168B, 173G, 173H.

Racial Discrimination Act 1975 (Cth) – ss 8, 10.

Liquor Regulation 2002 (Q) – ss 37A, 37B, Sched 1R.

PDF MD5: 82cce3d262ed6ab1939b7476741772ea
RTF MD5: 5f5e5d47f9ad9762bfcd6c435ba54367