Woolworths (Victoria) Limited v State of Tasmania

Woolworths (Victoria) Limited (the applicant) sought leave to appeal to the High Court of Australia against a decision of the Supreme Court of Tasmania. The dispute concerned the validity of certain regulations made under the Tasmanian *Food Act 1984* (Tas) which imposed restrictions on the sale of certain food products. The applicant argued that these regulations were beyond the scope of the power conferred by the Act and were therefore invalid.

The primary legal issue before Dawson J was whether the regulations in question were a valid exercise of the power to make regulations conferred by section 118 of the *Food Act 1984* (Tas). Specifically, the court had to consider whether the regulations, which prohibited the sale of certain food items unless they were packaged in a particular manner, were for the purpose of carrying into effect the provisions of the Act, as required by the enabling legislation.

Dawson J found that the regulations were not a valid exercise of the power granted by section 118 of the *Food Act 1984* (Tas). His Honour reasoned that the power to regulate the sale of food under the Act was primarily directed towards ensuring food safety and preventing deception. The regulations, however, imposed restrictions based on packaging requirements that did not appear to have a direct or necessary connection to these purposes. Consequently, the regulations were considered to be *ultra vires* the enabling Act.

Leave to appeal was granted, and the High Court ultimately allowed the appeal, setting aside the decision of the Supreme Court of Tasmania and declaring the regulations invalid.