Graziers' Association of New South Wales v Labor Daily Limited [1930] HCA 23

REPORT'S OF CASES

DETERMINED IN THE

HIGH COURT OF AUSTRALIA

1930-1931.

{HIGH COURT OF AUSTRALIA.]

THE GRAZIERS' ASSOCIATION OF NEW

j BOUME WANS ™ =< 2y "RP tS hye J APPLICANT ;

AND

LABOR DAILY LIMITED AND ANOTHER Responpents.

Constitutional Law—Industrial arbitration—Injunction—* Dispute "—Application H. ©. or A. for variation of award—Judgment reserved—Before delivery article published in 1930. newspaper " containing encouragement, advice or incitement" to strike if judgment = ~~ adverse—Remarks derogatory to Court—Publishing company not party to award— SYDNEY, Offending article not repeated — Rule nisi enlarged sine die— Commonwealth July 29; Conciliation and Arbitration Act 1904-1928 (No. 13 of 1904—No. 18 of 1928), Arg. 14. secs. 6, 6A, 48,* 86D.* avers

Held, that the provision as to printing or publishing incitements to commit breaches of the Act contained in sec. 86D of the Commonwealth Conciliation and Arbitration Act 1904-1928 is within the constitutional powers of the

* Sec. 48 of the Commonwealth Con- the award by act or omission. In this ciliation and Arbitration Act 1904-1928 section the term "award" includes provides that "the HighCourt . . . — order." may, on the application of any party Sec. 86p provides that "Any

to an award, make an order in the nature of a mandamus or injunction to compel compliance with the award or to restrain its breach or to enjoin any organization or person from committing or continuing any contravention of this Act or of the award under pain of fine or imprisonment, and no person to whom such order applies shall, after written notice of the order, be guilty of any contravention of the Act or

person who prints or publishes any report or other matter containing any order, encouragement, advice or incite- ment to commit any breach or non- observance of this Act or of any order or award or any report or other matter containing language which is insulting to or abusive of the Court, shall be guilty of an offence. Penalty: One hundred pounds,"