Fergusson v Stevenson [1951] HCA 49

Fergusson v Stevenson [1951] HCA 49

Section 19(1) of the Fauna Protection Act 1948 (NSW), if construed according to its terms to prohibit possession of skins of fauna lawfully taken in another State and introduced into New South Wales as part of an inter-State commercial transaction, imposes a restriction on inter-State trade contrary to s. 92 of the Constitution, and is inapplicable. Alternatively, the expression 'protected fauna' does not extend to animals or skins thereof taken outside New South Wales; therefore, the charge could not be supported and the information must be dismissed.

Jurisdiction
Australia
Procedural Posture
Criminal Proceeding (summary Prosecution) / Cause Removed Into the High Court Pursuant to S 40 of the Judiciary Act 1903 1950 for Decision on Constitutional and Statutory Construction Issues
Outcome
Information dismissed
Legal Topics
['section 92 of the Constitution (freedom of Inter State Trade and Commerce)' 'construction and Application of Fauna Protection Act 1948 (nsw) S 19(1)' "meaning of 'protected Fauna'" 'possession of Goods as Offence Under Protective Legislation']
['constitutional Law' 'criminal Law' 'statutory Interpretation'] ['section 92 of the Constitution (freedom of Inter State Trade and Commerce)' 'construction and Application of Fauna Protection Act 1948 (nsw) S 19(1)' "meaning of 'protected Fauna'" 'possession of Goods as Offence Under Protective Legislation']

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Procedural Posture

Criminal Proceeding (summary Prosecution) / Cause Removed Into the High Court Pursuant to S 40 of the Judiciary Act 1903 1950 for Decision on Constitutional and Statutory Construction Issues

Legal Issues

  1. 1 ['Does s. 19(1) of the Fauna Protection Act 1948 (NSW) apply to skins of fauna taken in another State?' 'Is s. 19(1) of the Fauna Protection Act 1948 (NSW) invalid or inapplicable by reason of s. 92 of the Constitution (freedom of inter-State trade)?' "Does the expression 'protected fauna' in the statute include skins of animals killed outside New South Wales?"]

Ratio Decidendi

Section 19(1) of the Fauna Protection Act 1948 (NSW), if construed according to its terms to prohibit possession of skins of fauna lawfully taken in another State and introduced into New South Wales as part of an inter-State commercial transaction, imposes a restriction on inter-State trade contrary to s. 92 of the Constitution, and is inapplicable. Alternatively, the expression 'protected fauna' does not extend to animals or skins thereof taken outside New South Wales; therefore, the charge could not be supported and the information must be dismissed.

Court Disposition

Information dismissed

Orders

  • ['Informant to pay the taxed costs of the defendant of the proceedings in this Court including the costs of the application for removal.' 'Informant to pay the costs of the defendant of the proceedings in the Court of Petty Sessions before the making of the order for removal, which costs are fixed at seventy-five...