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Ms Maloney was convicted in the Magistrates Court of an offence against s 168B(1) Liquor Act 1992 (Qld), namely, having in her possession a 1125 ml bottle of Jim Beam bourbon and a 1125 ml bottle of Bundaberg rum (three-quarters full) in a public place on Palm Island within a restricted area declared under s 173H Liquor Act. She was fined $150 in default one day's imprisonment.
Primary Judgment
[2011] QDC 139
27 Jul 2011
Sections 168B, 173G and 173H of the Liquor Act and ss. 37A and 37B of the Liquor Regulation 2002 and the Liquor Amendment Regulation (No 4) 2006 were not invalid by operation of s. 10 of the Racial Discrimination Act 1975 (Cth) and s.109 of the Constitution. Appeal against conviction dismissed: Durward DCJ.
The relevant provisions were racially discriminatory, however there was no breach of s.10 Racial Discrimination Act 1975 (Cth) because of the validity of those provisions as special measures enacted under s.8 Racial Discrimination Act 1975 (Cth). Appeal dismissed with costs: Chesterman JA and Daubney J concurring, Margaret McMurdo P dissenting in part.
