High Court of Australia

Attorney-General (SA) v Corporation of the City of Adelaide [2013] HCA 3

249 CLR 1; 87 ALJR 289; 295 ALR 197

27 Feb 2013

Case Number: A16/2012


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


Constitutional law – Implied freedom of communication on government and political matters – Where by-law prohibited preaching and distributing printed matter on any road without permission – Whether by-law effectively burdened freedom of political communication – Whether by-law reasonably appropriate and adapted to achieving legitimate end in manner compatible with system of representative and responsible government.

Local government – Where power to make by-laws "for the good rule and government of the area, and for the convenience, comfort and safety of its inhabitants" – Whether generally expressed by-law making power must be narrowly or restrictively construed – Whether by-law exceeded limitations on power delegated to local government under Local Government Act 1934 (SA) – Whether by-law complied with limitations and procedures prescribed by Local Government Act 1999 (SA) – Whether by-law was reasonable and proportionate exercise of by-law making power.

Words and phrases – "could not reasonably have been adopted", "legitimate end", "licence", "political communication", "principle of legality", "proportionality".

Constitution – ss 7, 24, 128.

Electronic Transactions Act 2000 (SA) – ss 9(1), 10(3).

Local Government Act 1934 (SA) – ss 667(1) 4 I, 667(1) 9 XVI.

Local Government Act 1999 (SA) – ss 4(1), 246(1)(a), 246(2), 248(1)(a), 249(4).

By –law No 4 – Roads, pars 2. 3, 2. 8.

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