Ex parte H Brazil & Co Pty Ltd [1978] HCA 25

Ex parte H Brazil & Co Pty Ltd [1978] HCA 25

The applicants failed to prove that any particular hens were identified, selected, or committed to interstate sale or transportation as at 25th February 1977. The keeping of the hens therefore was, at most, conduct that might or might not lead to an interstate transaction, and s. 92 of the Constitution did not prevent s. 56 (1) (b) of the Hen Quotas Act, 1973-1975 Q. from applying. The order to review the convictions was discharged.

Jurisdiction
Australia
Procedural Posture
Order to Review Convictions for Keeping Over Quota Hens Under the Hen Quotas Act, 1973 1975 Q. / Proceedings Removed Into the High Court From the Supreme Court of Queensland Under S. 40 (1) of the Judiciary Act 1903 1976 Cth
Outcome
Order to review discharged with costs.
Legal Topics
['section 92 of the Constitution' 'interstate Trade and Commerce' 'hen Quotas' 'over Quota Hens' 'preparatory Acts and Interstate Transactions']
['constitutional Law' 'trade and Commerce' 'statutory Offences'] ['section 92 of the Constitution' 'interstate Trade and Commerce' 'hen Quotas' 'over Quota Hens' 'preparatory Acts and Interstate Transactions']

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Procedural Posture

Order to Review Convictions for Keeping Over Quota Hens Under the Hen Quotas Act, 1973 1975 Q. / Proceedings Removed Into the High Court From the Supreme Court of Queensland Under S. 40 (1) of the Judiciary Act 1903 1976 Cth

Legal Issues

  1. 1 ['Whether s. 92 of the Constitution prevented s. 56 (1) (b) of the Hen Quotas Act, 1973-1975 Q. from applying to 4,000 unspecified hens said to be committed to interstate trade' 'Whether the keeping of the hens was protected interstate trade or merely an act that might or might not lead to interstate trade']

Ratio Decidendi

The applicants failed to prove that any particular hens were identified, selected, or committed to interstate sale or transportation as at 25th February 1977. The keeping of the hens therefore was, at most, conduct that might or might not lead to an interstate transaction, and s. 92 of the Constitution did not prevent s. 56 (1) (b) of the Hen Quotas Act, 1973-1975 Q. from applying. The order to review the convictions was discharged.

Court Disposition

Order to review discharged with costs.

Orders

  • ['Order to review discharged with costs.']