Beal v Marrickville Margarine Pty Ltd [1966] HCA 9

Beal v Marrickville Margarine Pty Ltd [1966] HCA 9

Manufacture of goods—even if destined for inter-State markets—is not itself inter-State trade; restrictions imposed by s. 22A(1)(d) of the Dairy Industry Act (NSW) are valid and do not infringe s. 92 of the Constitution.

Jurisdiction
Australia
Procedural Posture
Criminal / Reference to Full Court Under S. 18 Judiciary Act; Orders and Conviction
Outcome
conviction
Legal Topics
['s. 92 of the Constitution' 'manufacture Quotas' 'dairy Industry Act Offences']
['constitutional Law' 'criminal Law' 'administrative Law'] ['s. 92 of the Constitution' 'manufacture Quotas' 'dairy Industry Act Offences']

Case Brief

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Procedural Posture

Criminal / Reference to Full Court Under S. 18 Judiciary Act; Orders and Conviction

Legal Issues

  1. 1 ['Is s. 22A(1)(d) of the Dairy Industry Act, 1915-1962 (NSW) valid in light of s. 92 of the Constitution?' 'Does manufacture to fulfil inter-State orders constitute inter-State trade under s. 92?']

Ratio Decidendi

Manufacture of goods—even if destined for inter-State markets—is not itself inter-State trade; restrictions imposed by s. 22A(1)(d) of the Dairy Industry Act (NSW) are valid and do not infringe s. 92 of the Constitution.

Court Disposition

conviction

Orders

  • ['Defendant convicted of the offence alleged in the information.' 'Costs of the proceedings in this Court to be paid by the defendant.' 'Cause remitted to the Central Court of Petty Sessions, Sydney, for penalty imposition and costs determination for proceedings before it.']