Gosford Meats Pty Ltd v New South Wales [1985] HCA 5

High Court of Australia Gibbs C.J. Mason, Murphy, Wilson, Brennan, Deane and Dawson JJ. Gosford Meats Pty Ltd v New South Wales [1985] HCA 5

ORDER Demurrers overruled. Judgment for the plaintiff in the action with costs. Declare that s. 11C(4)(a) of the Meat Industry Act 1978 and reg. 41(2) of the Meat Industry (Licensing) Regulation 1980 are invalid. Order that the defendants pay to the plaintiff the sum of $13,911.60.

Cur. adv. vult.

The following written judgments were delivered:—

1985, Feb. 13 Gibbs C.J.

The plaintiff, a company which operates an abattoir in Gosford in New South Wales, seeks, by its statement of claim, a declaration that s. 11C of the Meat Industry Act 1978 N.S.W., as amended, ("the Act") and reg. 41 of the Meat Industry (Licensing) Regulation 1980 ("the Regulations") made under the Act are invalid. The defendants have demurred to the statement of claim. The question for decision raised by the demurrer is whether s. 11c and reg. 41 together impose a duty of excise within s. 90 of the Constitution and in that way go beyond the power of the State.

The Act is intended, amongst other things, to provide for the regulation and control of the meat industry in New South Wales: see the long title to the Act. It sets up a system for the licensing and inspection of places used for the slaughtering of animals either for human consumption or for use as animal food, and of places or things used for the processing, storage or conveyance of meat or the sale of animals, and the Regulations prescribe minimum standards with which such places and things must comply. It is sufficient to refer to the effect of the provisions of the Act and Regulations with respect to abattoirs, with which the case is alone concerned. It is an offence for any person to operate a slaughtering place at or in any premises unless he is the holder of an abattoir licence or a slaughter-house licence in respect of those premises: s. 10(1)(a). By s. 4(1), "slaughtering place" means "premises used or intended to be used for or in connection with the slaughtering of abattoir animals for human consumption ", "abattoir" means "a slaughtering place licensed as an abattoir", and "abattoir animal" means "bull, ox, steer, cow, heifer, calf, ram, ewe, wether, lamb, goat, kid and swine, and includes any other animal that the Minister, by order published in the Gazette, declares to be an abattoir animal for the purposes of this Act". The Meat Industry Authority ("the Authority") constituted under the Act is given power to issue licences, including abattoir licences: ss. 11(1), 9(a). A licence issued by the Authority expires on 1 September next following the day of its issue but may be renewed for successive periods of one year expiring on 1 September: s. 11A(2)(b), (3). Section 11C, so far as it is material, provides as follows: