Dear All,
Please find forwarded the news of a resounding victory by the Australian Government in the Plain Packaging lawsuit against the Tobacco Industry.
I have also extracted the media report in the word file for your information please.
As some of you will already be aware, that the High Court of Australia handed down its orders in the proceedings between JT International v Commonwealth and British American Tobacco Australasia v Commonwealth.
The Chief Justice announced that, by at least a majority, the Court held that the Tobacco Plain Packaging Act 2011 is not contrary to s 51(xxxi) of the Constitution of Australia and is valid.
He then proceeded to pronounce the Court’s orders, which are as follows:
JTI International v Cth
(1) Demurrer over-ruled
(2) Enter judgment for the defendant
(3) Plaintiff pay the Defendant’s costs.
BATA v Cth
The questions be answered as follows
(1)Apart from s 15 of the TPP Act, would all or some of the provisions of the TPP result in an acquisition of property of any, and if so what, property of the plaintiffs or any of them otherwise that on just terms, of a kind to which s 51(xxxi) of the Constitution applies? No
(2) Does the resolution of question (1) require the judicial determination of any and if so what disputed facts following a trial? No
(3) If the answer to Question 1 is “yes” are all or some, and if so which, provisions of the TPP Act whole or in part beyond the legislative competence of the Parliament by reason of s 51(xxxi) of the Constitution? Does not arise
(4) Are some, and if so which, provisions of the TPP Act in whole or in part beyond the legislative competence of the Parliament by reason of the matters raised in paragraphs 10-12 of the statement of claim? No
(5) What order would be made in relation to the costs of the questions reserved? Plaintiffs pay the costs of the Defendant.
In other words, a comprehensive win, by at least a majority, for the Commonwealth of Australia.
I attach for your information a short statement from the Court of its decision, and also a copy of its orders. You will see that the Court will publish its reasons at a later date.
I am sure you will agree with me that this is a significant win for tobacco control internationally. Our plain packaging measures will continue as planned, with all tobacco products for retail sale in Australia from 1 December 2012 required to be in plain packaging and with new, bigger graphic health warnings.
Kind regards,
Sharon
Sharon Appleyard | Assistant Secretary | Tobacco Control Taskforce | Population Health Division | Department of Health and Ageing | ‘ 02 6289 8771 | * sharon.appleyard@health.gov.au