|
Section 51(i) of the Australian Constitution enables the Parliament of Australia to legislate on: ==Interpretation by the courts== "Trade" and "commerce" have been broadly construed. The early case of ''W & A McArthur Ltd v Queensland'' declared: "Trade and commerce" has been subsequently held to include: : * financial transactions (''Commonwealth v Bank of New South Wales'')〔(Commonwealth v Bank of NSW 1949 UKPCHCA 1; (1949) 79 CLR 497 (26 October 1949) )〕 : * Federal participation in trade and commerce (''Australian National Airways Pty Ltd v Commonwealth'') : * peripheral matters, such as the employment conditions of workers involved in such activity (''R v Foster; Ex parte Eastern & Australian Steamship Co Ltd'') : * the absolution prohibition of a specific trade (''Murphyores Inc Pty Ltd v Commonwealth'') However, the High Court has also ruled that a distinction must be maintained between interstate trade and trade that is strictly within a State. In ''Wragg v New South Wales'', Dixon J. remarked: But the distinction between interstate and intrastate activity is not absolute. In ''Airlines of New South Wales Pty Ltd v New South Wales (No 2)'', Menzies J. noted: To that end, it has been held that s. 51(i): : * covers both interstate and intrastate activities where they are "inseparably connected" (''Redfern v Dunlop Rubber Australia Ltd''), : * but the fact that an intra-state journey may economically be required in order to assure the operation of an interstate service has not been sufficient to allow the Commonwealth to regulate the entirety (''Western Australia Airlines case'') 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Section 51(i) of the Constitution of Australia」の詳細全文を読む スポンサード リンク
|