Cole v Whitfield [1988] HCA 18

Cole v Whitfield [1988] HCA 18

The minimum size regulation for crayfish in Tasmania, enforced equally for local and imported crayfish, is not discriminatory or protectionist and thus does not infringe s.92; genuine conservation-oriented regulation is permissible so long as it does not create a protectionist barrier against interstate trade.

Jurisdiction
Australia
Procedural Posture
Constitutional Law / Appeal From Order of Court of Petty Sessions, Removal to the High Court for Determination of Questions
Outcome
Order of Court of Petty Sessions dismissing the complaint is set aside; matter remitted to Supreme Court of Tasmania.
Legal Topics
['section 92 of the Australian Constitution' 'interstate Trade and Commerce' 'discriminatory Protection' 'regulation of Fisheries']
['constitutional Law' 'fisheries Law'] ['section 92 of the Australian Constitution' 'interstate Trade and Commerce' 'discriminatory Protection' 'regulation of Fisheries']

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Procedural Posture

Constitutional Law / Appeal From Order of Court of Petty Sessions, Removal to the High Court for Determination of Questions

Legal Issues

  1. 1 ['Does possession in Tasmania of crayfish imported from South Australia constitute a transaction of interstate trade and commerce within s.92 of the Constitution?' 'Are Tasmanian Sea Fisheries Regulations, as applied to possession of interstate crayfish, compatible with the freedom guaranteed by s.92?']

Ratio Decidendi

The minimum size regulation for crayfish in Tasmania, enforced equally for local and imported crayfish, is not discriminatory or protectionist and thus does not infringe s.92; genuine conservation-oriented regulation is permissible so long as it does not create a protectionist barrier against interstate trade.

Court Disposition

Order of Court of Petty Sessions dismissing the complaint is set aside; matter remitted to Supreme Court of Tasmania.

Orders

  • ['Set aside the order dated 3 November 1986 of the Court of Petty Sessions dismissing the complaint.' 'Remit the matter to the Supreme Court of Tasmania.']