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Castlemaine Tooheys Ltd v South Australia : ウィキペディア英語版 | Castlemaine Tooheys Ltd v South Australia
''Castlemaine Tooheys Ltd v South Australia'' (1990) 169 CLR 436 is a High Court of Australia case that deals with whether a particular Act of South Australia contravenes Section 92 of the Constitution of Australia, which is about the freedom of interstate trade. == Background ==
The Beverage Container Act 1975 (SA) required a mandatory deposit of 5 cents per bottle, which would be refunded when they were returned; refillable bottles were exempt from this deposit. A later amendment, the Beverage Container Act Amendment Act 1986 (SA) subjected non-refillable bottles to a refund of 15 cents and refillable bottles to a refund of 4 cents. Further more, the refund for non-refillable bottles was to be implemented by retailers, instead of a collection depot. The Bond brewing companies brewed beer outside of South Australia, and they used non-refillable bottles as opposed to their South Australian counterparts. Although a 5-cent deposit would not have disadvantaged the Bond companies, the later Act's higher deposit and refund mechanism acted together to make their beer uncompetitive. Around the time of the amending Act, the Bond companies' advertising campaign had increased their market share at the expense of the principal South Australian brewer. The plaintiffs sought a declaration that the laws were invalid as being contrary to section 92.
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