Carter v Potato Marketing Board [1951] HCA 60

Carter v Potato Marketing Board [1951] HCA 60

The receipt of the sixty-one bags of potatoes by the appellants at Roma Street, Brisbane formed part of a transaction that was wholly intra-State; the communications from Jennings did not make the transaction inter-State trade. Section 15 (3), as read with the severability clause in s. 1A, validly operated on such intra-State receipt and was not inseverable from s. 15 (1). The appellants' conviction therefore stood.

Jurisdiction
Australia
Procedural Posture
Appeal From the Court of Petty Sessions at Brisbane Under S. 39 (2) (b) of the Judiciary Act 1903 1950 Against Conviction for an Offence Under S. 15 (3) of the Primary Producers' Organisation and Marketing Acts 1926 to 1946 Q. / High Court Appeal
Outcome
Appeal dismissed and order nisi discharged with costs.
Legal Topics
['s. 92 of the Constitution' 'freedom of Inter State Trade Commerce and Intercourse' 'severability' 'state Marketing Board Regulation' 'intra State Sale and Receipt of Potatoes']
['constitutional Law' 'trade and Commerce' 'agricultural Marketing' 'criminal Law'] ['s. 92 of the Constitution' 'freedom of Inter State Trade Commerce and Intercourse' 'severability' 'state Marketing Board Regulation' 'intra State Sale and Receipt of Potatoes']

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Procedural Posture

Appeal From the Court of Petty Sessions at Brisbane Under S. 39 (2) (b) of the Judiciary Act 1903 1950 Against Conviction for an Offence Under S. 15 (3) of the Primary Producers' Organisation and Marketing Acts 1926 to 1946 Q. / High Court Appeal

Legal Issues

  1. 1 ['Whether the transaction in which the appellants received sixty-one bags of potatoes was inter-State trade protected by s. 92 of the Constitution.' "Whether s. 15 (3) of The Primary Producers' Organisation and Marketing Acts 1926 to 1946 Q. could be read down by s. 1A so as to operate validly on intra-State transactions." 'Whether s. 15 (3) was inseverably connected with s. 15 (1) so that it would fail if s. 15 (1) were invalid.' 'Whether s. 15 (1) was wholly invalid by reason of s. 92 of the Constitution.']

Ratio Decidendi

The receipt of the sixty-one bags of potatoes by the appellants at Roma Street, Brisbane formed part of a transaction that was wholly intra-State; the communications from Jennings did not make the transaction inter-State trade. Section 15 (3), as read with the severability clause in s. 1A, validly operated on such intra-State receipt and was not inseverable from s. 15 (1). The appellants' conviction therefore stood.

Court Disposition

Appeal dismissed and order nisi discharged with costs.

Orders

  • ['Appeal dismissed.' 'Order nisi discharged with costs.']