Capital Duplicators Pty Ltd v Australian Capital Territory

Capital Duplicators Pty Ltd (the applicant) sought judicial review of a decision by the Australian Capital Territory (the respondent) to refuse its application for a licence to operate a photocopying business. The applicant contended that the respondent's decision was invalid on the grounds that the legislation under which the licence was refused, the *Litter Act 1977* (ACT), was invalid. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the *Litter Act 1977* (ACT) was a valid exercise of the legislative power of the Australian Capital Territory. Specifically, the Court had to determine if the Act was a law with respect to the "government of the Territory" or the "peace, order and good government of the Territory" as contemplated by section 22 of the *Australian Capital Territory (Self-Government) Act 1988* (Cth).

The High Court unanimously held that the *Litter Act 1977* (ACT) was a valid law. The Court reasoned that the Act, by regulating the disposal of litter, was a law for the peace, order and good government of the Territory. The Chief Justice and Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ all agreed that the power to legislate for the peace, order and good government of a territory is a broad one, and that measures to control litter fall within its scope. The Court found no constitutional impediment to the Act's validity.

Consequently, the High Court dismissed the applicant's application for judicial review.