Mansell v Beck [1956] HCA 70

Not Foll Not Foll

Cole y Cole v Whigied 165 Rad 78

HIGH COURT [1956

[HIGH COURT OF AUSTRALIA.]

MANSELL . . . . . . . . APPELLANT ;

DEFENDANT, AND

BECK . . . : . . i . . RESPONDENT,

INFORMANT,

CONSOLIDATED PRESS LIMITED . ° . APPELLANT;

DEFENDANT, AND

LEWIS . x ' : * ! . ; . RESPONDENT.

INFORMANT,

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

1956. ey

MELBOURNE,

May 22, 23, 24;

Oct. 25.

Dixon C.J., McTiernan, Williams, Webb, Fullagar, Kitto and Taylor JJ.

State statute—Foreign lotteries—Prohibition on publication of advertisements or display upon premises of notices relating to such lotteries—Acceptance of money in respect of purchase of ticket in foreign lottery prohibited—Gambling— Validity of prohibitions—Whether imposed by reference to essential attribute of inter-State trade etc—Whether impediment to inter-State trade etc. of direct or indirect nature—Absence of discrimination as between foreign lotteries and lotteries conducted in State otherwise than by State—The Constitution (63 & 64 Vict. c. 12), 8. 92—Lotteries and Art Unions Act 1901-1944 (No. 34 of 1901 — No. 34 of 1944) (N.S.W.), 88. 3 (3), (4), 20, 21.

Section 3 (3) of the Lotteries and Art Unions Act 1901-1944 (N.S.W.) pro- vides that whosoever prints or publishes any advertisement information or notice relating in any way to any sale or disposition of property by lottery or chance, made or to be made shall be guilty of an offence. Sub-section 4 provides that whosoever sells or offers for sale any ticket or share in any lottery or raffle or accepts any money in respect of the purchase of any such ticket or share shall be liable to a penalty. Sections 20 and 21 of the Act provide as follows :—20. Whosoever prints or publishes any advertisement, notice, or information relating to a foreign lottery in furtherance of the conduct of the lottery or announcing its result or displays upon any premises in his