Community Enterprise Queensland - [2025] QCAT 325

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Community Enterprise Queensland [2025] QCAT 325

PARTIES:

COMMUNITY ENTERPRISE QUEENSLAND

(applicant)

APPLICATION NO/S:

ADL104-24

MATTER TYPE:

Anti-Discrimination matter

DELIVERED ON:

22 August 2025

HEARING DATE:

12 August 2025

HEARD AT:

Brisbane

DECISION OF:

Senior Member Traves

ORDERS:

The application for exemption is granted for a period of five (5) years under section 113 of the Anti-Discrimination Act 1991 (Qld) from the application of sections 46, 124 and 127 of that Act, in connection with:

(a)     The restriction of the sale of no and low alcohol beverage products to only persons over the age of 18 years of age in all current and future stores operated by Community Enterprise Queensland;

(b)     The placing of signage near no and low alcohol beverage products advising of the restriction; and

(c)     The request for photo identification from potential customers seeking to purchase no and low alcohol beverage products where there is any doubt that the potential customer is over 18 years of age.

CATCHWORDS:

HUMAN RIGHTS – DISCRIMINATION LEGISLATION – where applicant seeks exemption from the operation of specified provisions of the Anti-Discrimination Act 1991 (Qld) in order to restrict the sale of no and low alcohol beverage products to persons aged 18 years and over, to place signage to that effect near the products, and to request photo identification from potential customers of those products – whether an exemption under s 113 should be granted – where Human Rights Act 2019 (Qld) applies – whether any limitation on human rights reasonable and justified

Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 (Qld), s 60B, s 60T

Anti Discrimination Act 1991 (Qld), s 7, s 46, s 113, s 124, s 127
Human Rights Act 2019 (Qld), s 13, s 15

Liquor Act 1992 (Qld), s 4B

Body Corporate for Village Green (Caloundra) [2015] QCAT 101
Commissioner for Equal Opportunity v ADI Limited [2007] WASCA 261
Exemption application re: Boeing Australia Holdings Pty Limited and others [2003] QADT 21
Fernwood Womens Health Clubs (Australia) Pty Ltd [2021] QCAT 164
Minister for Education and Commissioner for Equal Opportunity and Ors (1987) EOC 92-198
Stevens v Fernwood Fitness Centres Pty Ltd (1996) EOC 92-782

Surtie Enterprises Pty Ltd ATF The Surtie Enterprises Unit Trust [2017] QCAT 323

APPEARANCES & REPRESENTATION:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act2009 (Qld)

REASONS FOR DECISION

The applicant, Community Enterprise Queensland (‘CEQ’), is a not-for-profit Queensland statutory body[1] responsible for providing goods and essential services to the Torres Strait, Northern Peninsula Area and remote Aboriginal communities in Northern Queensland.[2] CEQ operates 30 retail stores supplying essential goods and services to those communities. In most places where CEQ operates, their supermarkets are the only grocery store in the community.
[1]Statutory Bodies Financial Arrangements Act 1982 (Qld).
[2]Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 (Qld), s 60B.
CEQ wants…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] QCAT 325
Decision Date: 22 August 2025

CaseChat Overview and Summary

Community Enterprise Queensland, an applicant, sought exemption from certain provisions of the Anti-Discrimination Act 1991 (Qld) to implement a policy restricting the sale of no and low alcohol beverages to individuals aged 18 years and over. They also sought to place signage indicating this restriction and to request photo identification from potential customers where there was doubt about their age. The application was heard in a Queensland court, where the court needed to decide if the applicant's actions were discriminatory under the Anti-Discrimination Act and whether any such discrimination could be justified under the Human Rights Act 2019 (Qld).

The legal issues involved determining whether the restrictions placed on the sale of no and low alcohol beverages constituted discrimination against younger individuals, and if so, whether such discrimination could be justified as a reasonable limitation on human rights. The court had to consider whether the measures were necessary and proportionate in achieving a legitimate aim, specifically the prevention of underage drinking and associated social harms.

The court found that the restrictions were discriminatory, as they imposed a differential treatment based on age. However, it also determined that the discrimination was justified. The court reasoned that the restrictions were necessary and proportionate to achieve a legitimate aim, given the potential social harms associated with underage drinking. The measures were seen as a reasonable limitation on the right to be free from discrimination, as they were designed to protect public health and safety by preventing underage consumption of alcohol.

The final orders of the court granted the application for exemption for a period of five years. The exemption allowed Community Enterprise Queensland to restrict the sale of no and low alcohol beverages to persons over 18, to display signage indicating this restriction, and to request photo identification from potential customers where there was doubt about their age. The exemption covered sections 46, 124, and 127 of the Anti-Discrimination Act 1991 (Qld).

Orders

Orders of the court

The application for exemption is granted for a period of five (5) years under section 113 of the Anti-Discrimination Act 1991 (Qld) from the application of sections 46, 124 and 127 of that Act, in connection with:

(a) The restriction of the sale of no and low alcohol beverage products to only persons over the age of 18 years of age in all current and future stores operated by Community Enterprise Queensland;

(b) The placing of signage near no and low alcohol beverage products advising of the restriction; and

(c) The request for photo identification from potential customers seeking to purchase no and low alcohol beverage products where there is any doubt that the potential customer is over 18 years of age.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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