Fish Board v Paradiso [1956] HCA 60

ai Pe Site Bien

95 C.L.R.] OF AUSTRALIA.

(HIGH COURT OF AUSTRALIA.]

FISH BOARD ' ; 5 5 4 ' . COMPLAINANT ;

AND

PARADISO . : . . . 5 4 . . DEFENDANT.

ON REMOVAL FROM A COURT OF PETTY SESSIONS OF QUEENSLAND.

Constitutional Law (Cth.)—Freedom of trade, commerce and intercourse among the States—State Act—Control of fish—Prohibition on sale unless sold under direction of Fish Board—Fish brought from one State into another—Delivery pursuant to contract of sale—Whether required to be sold under direction of board—Complaint—Removal into High Court—Dismissal—The Constitution (63 & 64 Vict. c. 12), 8. 92—Judiciary Act 1903-1955 (No. 6 of 19083—No. 35 of 1955), 8. 40—The Fish Supply Management Acts 1935 to 1951 (Q.), 88. 27 (1), 278.

Section 27 (1) of The Fish Supply Management Acts 1935 to 1951 (Q.) pro- vides: " No person shall in any district sell or purchase any fish unless such fish have first been brought to a market in that district and there sold at a sale conducted by the board... .".

Held, by Dixon C.J., Williams, Webb, Fullagar, Kitto and Taylor JJ., McTiernan J. expressing no opinion, that the sub-section, in so far as it pur- ports to prevent a' purchaser of fish in the course of inter-State trade from dealing with it upon its delivery to him in Queensland otherwise than by placing it at the disposal of the board, has an immediate and direct impact upon inter-State trade and constitutes an infringement of s. 92 of the Con- stitution ; by McTiernan J. that the sub-section is not intended to apply to fish other than fish from local sources.

Removat under s. 40 of the Judiciary Act 1903-1955:

Upon a complaint made under s. 27 (1) of The Fish Supply Management Acts 1935 to 1951 (Q.) by the Fish Board by David Herbert Pluckrose, its secretary, Sam Paradiso was charged before the Court of Petty Sessions, Brisbane, that on 29th February 1956, at Kedron, Brisbane, he did in the Metropolitan Fish Supply District