AAP
February 08, 2012
THE federal government has filed its defence to big tobacco’s High Court challenge against Labor’s plain packaging laws.
Manufacturers British American Tobacco, Philip Morris, Imperial Tobacco and Japan Tobacco International argue the government’s move to force all cigarettes to be sold in drab olive-brown packs from December is unconstitutional.
The companies believe the laws, which passed parliament in late November, breach the Australian Constitution because they seek to acquire property – in the form of brand names – without providing compensation.
But Attorney-General Nicola Roxon says the government rejects that argument.
“The Commonwealth will vigorously defend the validity of the plain packaging laws and does not accept there is any basis for big tobacco’s claims that the measures are unconstitutional,” she said in a statement today.
“The defence filed in the High Court sets out the Commonwealth’s legal position.
“It would not be appropriate to say any more about the substance of the matters before the court.”
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