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Corneloup v Launceston City Council [2016] FCA 974

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ADMINISTRATIVE LAW - whether the Council's decision to reject the applicant's application for a permit to preach on political matters was affected by jurisdictional error - whether the Council's Guidelines prohibiting religious and political spruikers/hawkers were inconsistent with a by-law made under the Local Government Act 1993 (Tas) which prohibited preaching without a permit - whether decision-maker applied Guidelines inflexibly and with regard to irrelevant considerations - whether applicant denied procedural fairness - whether decision-maker authorised to make impugned decision CONSTITUTIONAL LAW - whether the Council's Guidelines impinged impermissibly on the freedom of citizens to communicate on political matters - where Guidelines identified religious and political spruikers/hawkers as non-permitted uses of the Launceston City malls - whether Guidelines contravened s 46(1) of the Constitution Act 1934 (Tas) HUMAN RIGHTS - whether the Council's Guidelines contravened s 16 of the Anti-Discrimination Act 1998 (Tas) by prohibiting religious and political spruikers/hawkers in the Launceston City malls

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