to decide on plain packaging
The Australian High Court has found that the Gillard Government’s Tobacco Plain Packaging Act 2011 does not breach that section of the constitution that prohibits federal legislation acquiring property except on just terms. But the authority of the High Court may be challenged by international trade and investment processes that contest the rule of law not only in this country, but globally.
The federal plain packaging legislation was enacted in compliance with obligations under international law embodied in the World Health Organization’s (WHO) Framework Convention on Tobacco Control. In reaching its decision, the High Court was fulfilling the constitutional role allocated to it under a social contract entered into by the Australian people in 1901.
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