Jun 19 2013

The Australian: Australian High Court upholds alcohol restrictions in indigenous communities

Newswire | Published 19 Jun 2013, 11:25 am | Comments Off on The Australian: Australian High Court upholds alcohol restrictions in indigenous communities -

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THE legality of alcohol restrictions in Queensland’s indigenous communities has been upheld by the High Court, which yesterday ruled the constitution allowed for “special measures” to be taken to protect racial groups.

In a unanimous decision, the full bench of the High Court dismissed an appeal filed by Palm Island resident Joan Monica Maloney, 59, who had been convicted of breaching alcohol restrictions on the community, 70km off the coast of Queensland.

AMPs were introduced into 18 indigenous communities by the Beattie government and are now being reviewed by the Newman government.

Ms Maloney’s test case had claimed the AMPs were in breach of the Commonwealth Racial Discrimination Act.

But in its ruling, the High Court said while the AMPs were racially discriminatory they were lawful under section 8 of the constitution which allowed for “special measures” to be taken to protect groups of people.

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