Barley Marketing Board (NSW) v Norman [1990] HCA 50

Barley Marketing Board (NSW) v Norman [1990] HCA 50

The Act and the Proclamation do not impose discriminatory burdens of a protectionist kind, because both interstate and intrastate purchasers have equal access to the NSW barley. The scheme does not discriminate against interstate trade; all maltsters, whether in-state or out-of-state, must buy from the Board and are treated equally, and equality of treatment is preserved. Therefore, ss. 56 and 58 of the Act and the Governor's Proclamation are not invalid under section 92.

Jurisdiction
Australia
Procedural Posture
Constitutional Validity Proceedings / Case Stated/full Court Determination
Outcome
Validity upheld
Legal Topics
['section 92 of the Constitution' 'state Marketing Scheme' 'interstate Trade' 'protectionist Discrimination']
['constitutional Law'] ['section 92 of the Constitution' 'state Marketing Scheme' 'interstate Trade' 'protectionist Discrimination']

Case Brief

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Procedural Posture

Constitutional Validity Proceedings / Case Stated/full Court Determination

Legal Issues

  1. 1 ["Whether ss. 56 and 58 of the Marketing of Primary Products Act 1983 N.S.W., and the Governor's Proclamation, are invalid and void in their application to defendants' trade or commerce, as contrary to section 92 of the Constitution"]

Ratio Decidendi

The Act and the Proclamation do not impose discriminatory burdens of a protectionist kind, because both interstate and intrastate purchasers have equal access to the NSW barley. The scheme does not discriminate against interstate trade; all maltsters, whether in-state or out-of-state, must buy from the Board and are treated equally, and equality of treatment is preserved. Therefore, ss. 56 and 58 of the Act and the Governor's Proclamation are not invalid under section 92.

Court Disposition

Validity upheld

Orders

  • ['Questions answered (a) No; (b) No']