Sellars v Coleman [2000] QCA 465

CONSTITUTIONAL LAW - OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION - OPERATION OF THE COMMONWEALTH AND THE LAWS OF THE COMMONWEALTH - GENERAL PRINCIPLES - implied constitutional rights - freedom of communication about matters relating to government and politics - appellant convicted of taking part in public address contrary to Council By-laws - whether By-law invalid as contravening freedom of communication implicit in Constitution - characterization of By-law - whether By-law is reasonably and appropriately adapted to the fulfilment of a legitimate end, ie what is necessary for effective operation of system of representative and responsible government - whether restriction on freedom proportionate to legitimate aim of By-law.

The Commonwealth of Australia Constitution Act 1900 (Imp)

The Parliamentary Privileges Act 1987 (Cth), s 16(3)

Townsville City Council By-laws, 2, 8, 11, 12, Chapter 39

Ackroyd v McKechnie [1986] HCA 43; (1986) 161 CLR 60, referred to

Australian Capital Television Pty Ltd v The Commonwealth [1992] HCA 45; (1992) 177 CLR 106, referred to

Boyd v Carah Coaches Pty Ltd (1979) 145 CLR 78, referred to

Cunliffe v The Commonwealth [1994] HCA 44; (1994) 182 CLR 272, referred to

Frisby v Schulz & Braun [1988] USSC 146; 487 US 474 (1988), referred to

Hughes & Vale Pty Ltd v New South Wales [1954] UKPCHCA 5; (1954) 93 CLR 1, referred to

Lange v Australian Broadcasting Corporation [1997] HCA 25; (1997) 189 CLR 520, applied

Levy v The State of Victoria [1997] HCA 31; (1997) 189 CLR 579, applied

Nationwide News Pty Ltd v Wills [1992] HCA 46; (1992) 177 CLR 1, referred to

Perry Education Association v Perry Local Educator's Association [1983] USSC 34; 460 US 37 (1983), referred to

Rann v Olsen [2000] SASC 83, 172 ALR 395, referred to

Schad v Borough of Mount Ephraim [1981] USSC 122; 452 US 61 (1981), referred to

Stephens v West Australian Newspapers Ltd [1994] HCA 45; (1993-4) 182 CLR 211, referred to

Theophanous v Herald & Weekly Times Ltd [1994] HCA 46; (1994) 182 CLR 104, referred to

N M Cooke QC with D Williams for the Townsville City Council, intervening in support of the respondent

Director of Public Prosecutions (Queensland) for the respondent

King & Company for the Townsville City Council, intervening in support of the respondent