Farm Transparency International Ltd v New South WalesCitation:[2022] HCA 23Before:Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward, Gleeson JJDate:10 Aug 2022Case Number:S83/2021Read more
Sections 11 and 12 of the Surveillance Devices Act 2007 (NSW) do burden the implied freedom of communication about governmental or political matters, but the burden is justified as the provisions serve a legitimate purpose, are suitable, necessary, and adequate in balance.
- Parties
- Applicant: Unknown Applicant; Respondent: Unknown Respondent
- Jurisdiction
- Australia
- Judgment Date
- 10 August 2022
- Procedural Posture
- Constitutional Law / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Implied Freedom of Political Communication, Surveillance Devices Act 2007 (nsw), Legitimate Purpose, Structured Proportionality, Trespass, Privacy
Case Brief
Summary, issues, holding and outcome
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Parties
Unknown Applicant
Applicant
Unknown Respondent
Respondent
Procedural Posture
Constitutional Law / Judgment
Legal Issues
- 1 Whether ss 11 and 12 of the Surveillance Devices Act 2007 (NSW) burden the implied freedom of communication about governmental or political matters
- 2 Whether the provisions serve a legitimate purpose
- 3 Whether the provisions are suitable, necessary and adequate in balance
Ratio Decidendi
Sections 11 and 12 of the Surveillance Devices Act 2007 (NSW) do burden the implied freedom of communication about governmental or political matters, but the burden is justified as the provisions serve a legitimate purpose, are suitable, necessary, and adequate in balance.
Court Disposition
Application dismissed
Orders
- The application is dismissed.
- No order as to costs.
Full Case Text
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