Carter v Potato Marketing Board [1951] HCA 60

Appl Foll Webb v 'espns, Action Home

GasColid Haan Pos Ltd T1985 TACLR 448 (1789) 03

Appl Rv Prsbane Vv Ltd: " Criminal Justice C'sion

Baebes?

HIGH COURT [1951.

[HIGH COURT OF AUSTRALIA.)

CARTER AND OTHERS s : 5 . APPELLANTS ; Drrenpants, AND THE POTATO MARKETING BOARD . . RESPONDENT.

CoMPLAINANT,

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

1951. —_ BRISBANE,

June 19, 20, 21.

MELBOURNE, Oct. 17.

Dixon, MeTiernan,

Fullagar and Kitto JJ.

—State marketing legislation—Marketing Board—Compulsory delivery of declared commodity to board—Prohibition on selling or delivery to, or buying or receiving declared commodity from person other than board—Severability— Operation of legislation subject to Commonwealth Constitution—Purchase by resident of New South Wales from Queensland producer—Commodity consigned in name of purchaser to and received by person in Queensland—Re-sale in Queensland—The Constitution (63 & 64 Vict. c. 12), 8. 92—The Primary Producers' Organisation and Marketing Acts, 1926 to 1946 (Q.) (17 Geo. V. No. 20—11 Geo. VI. No. 13), 88. 1a, 15 (1), (3).

Section 15 of The Primary Producers' Organisation and Marketing Acts, 1926 to 1946 (Q.) provides: "(1) Save as hereinafter prescribed, all the commodity shall be delivered by the growers thereof to the Marketing Board or their authorised agents within such times, at such places, and in such manner as the Board may fix, or as may be prescribed. . . . (3) Any person who, save as hereinafter prescribed, sells or delivers any of the commodity to or buys or receives any of the commodity from any person other than the Board, shall be liable to a penalty "3

Section 1 of the Act provides that the Act shall be read and construed subject to the Commonwealth Constitution and so as not to exceed the legis- lative power of the State, to the intent that where any enactment contained in the Act would but for this section have been construed as being in excoss of that power, it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.