Aurukun Shire Council v CEO Office of Liquor Gaming and Racing in the Department of Treasury

The Aurukun Shire Council and other local government authorities challenged the validity of the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and Other Acts Amendment Act 2008 (Qld) which revoked their general liquor licences. The appellants argued that the Act was discriminatory on the grounds of race in contravention of the Racial Discrimination Act 1975 (Cth). The appellants submitted that the Act limited the enjoyment of Aboriginal people of several rights including the right to equal protection of the law, the right to equal participation in cultural activities, the right to access places and services used by the general public and the right to not be arbitrarily deprived of property.

The court rejected the appellants’ claims. The court found that the Act was not discriminatory in purpose or effect and did not target a particular race. The court held that the Act was a valid exercise of the State’s power to legislate for peace, order and good government and did not contravene the Racial Discrimination Act. The court held that the Act was a reasonable and appropriate measure to address alcohol-related harms in Indigenous communities. The court held that the appellants’ argument that the Act limited the enjoyment of Aboriginal people of their rights was not supported by the evidence and that the Act was a proportionate and necessary measure to achieve its legitimate policy objectives.

The appeals were dismissed and the applications to adduce further evidence were refused.