Nilson v South Australia [1955] HCA 31

Enea a

THE STATE OF SOUTH AUSTRALIA AND

HIGH COURT [1955.

(HIGH COURT OF AUSTRALIA.)

NILSON. . ' # 3 ~ : 5 ai PLAINTIFF ;

AND

OTHERS : i ? ' , DeEFENDANTS.

H. C. or A. Constitutional Law (Cth.)—Freedom of inter-State trade commerce and intercourse—

195. Ww Mexpourne,

May 10, 11, 12;

June 9.

State Statute—Prohibition on driving of unregistered motor vehicles on State roads—Payment of heavy fee based on weight and horse-power of vehicle at time of application for registration—Registration for six months or twelve months— Application to vehicles used exclusively for purposes of inter-State trade— Exemption by regulation of vehicles owned by residents of and registered in other mainland States—Amending regulation removing exemption in case of vehicles weighing two and one-half tons or more unladen—Validity—The Constitution (63 & 64 Vict. c. 12), s. 92—Road Traffic Act 1934-1954 (No. 2183 of 1934— No. 48 of 1954) (S.A), 88. 7 (1) (2) (3), 8 (1) (2), 9 (4)—Accts Interpretation Act 1915-1949 (No. 1215 of 1915—No. 58 of 1949) (S.A.), 8. 22a—Road Traffic Act Regulations 1951 (S.A), reg. 42 as amended by Variation of Road Traffic Act Regulations 1951 made on 23rd December 1954, reg. 2.

Section 7 of the Road Traffic Act 1934-1954 (S.A.) provides that no person shall drive a motor vehicle on any road unless the vehicle is registered under Pt. II of the Act. Section 8 provides that at the time of making application for registration a fee calculated in accordance with s. 9 shall be paid to the Registrar of Motor Vehicles who shall register the vehicle for a period of either six or twelve months at the option of the applicant. In the event of the former period being chosen s. 9 (6b) provides that the fee shall be fifty-two and one- half per cent of the fee payable for twelve months. Under s. 9 (1) the regis- tration fee for a vehicle is calculated by a formula based on the weight of the vehicle and the horse-power of the engine. Section 9 (4) provides for a separate graduated table of fees applicable to vehicles constructed or adapted solely or mainly for the carriage of goods called commercial motor vehicles. Under s. 9 (6a) the fee payable in respect of a vehicle propelled by a com- pression ignition engine is double the amount otherwise payable. Up to 3lst January 1955 reg. 42 of the Road Traffic Act Regulations 1951 had provided that a vehicle owned by a resident of one of the five mainland States if insured and registered under the laws of the State or Territory might be driven in South Australia without registration so long as certain conditions were