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The principle of legality operates to protect fundamental rights by requiring express words or necessary implication if legislation is to remove or restrict fundamental rights. The principle applies to secondary legislation but does so principally through the interpretation of the legislative power to make that secondary legislation, rather than interpretation of the secondary legislation itself. This article examines this mode of application of the principle of legality, with particular reference to courts' use of proportionality analysis to establish what degree of rights infringement broad and purposive secondary lawmaking powers permit by way of necessary implication. It sets out an approach that is both normatively attractive and able to explain recent doctrinal developments. [ABSTRACT FROM AUTHOR]

The article focuses on application of terms such as rights, privileges and legimate interests in Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Topics discussed include Article 20 of TRIPS and Australian plain packaging legislation for tobacco, problems to be adressed by tobacco control measures, and the interpretation process of international treaties and TRIPS. It also discusses the Tobacco Act 1987 in Victoria.