Kerr v Pelly [1957] HCA 42

Gait

H.C. or A.

a Sypyey, Mar. 27; July 2.

Dixon €.J., McTiernan, Webb, Fullagar, Kitto and Taylor JJ.

HIGH COURT [1957.

(HIGH COURT OF AUSTRALIA.]

KERR . i : 4 E : ie . APPELLANT ; Derenpant, AND PELLY é s : 3 5 ' 3 . RESPONDENT. INFORMANT,

ON APPEAL FROM A COURT OF PETTY SESSIONS OF NEW SOUTH WALES.

Vehicles—Road user—Weighing of vehicles and loads—Weighbridge—* Public" weighbridge — Direction — Power — Ordinance — Main Roads Act 1924-1954 (W.S.W.), 8. 51 (1) (f) Local Government Act 1919-1955 (N.S.W.), 88. 575-579 —Ordinance 300, cll. 5, 6, 10, 11.

Constitutional Law (Cth.)—Freedom of inter-State trade, commerce or intercourse— Goods—Conveyed by motor vehicle from one State to another State—Use of State roads—Weight—Ascertainment—Direction by authorised officer—Weighbridge— " Public" —Power—Regulatory or prohibitory—The Constitution (63 & 64 Vict. c. 12), s. 92—Main Roads Act 1924-1954 (N.S.W.), 8. 51 (1) (f)—Local Government Act 1919-1955 (N.S.W.), 88. 575-579—Ordinance 30c, cll. 5, 6, 10, IL.

Section 51 (1) (£) of the Main Roads Act 1924-1954 (N.S.W.) provides, so far as material: " Upon the recommendation of the (Main Roads) board, ordinances may be made under the Local Government Act . . . for earrying this Act into effect, and in particular for and with respect to . . . (f) the and loads, the estimation of weight according to a pre-

weighing of vehi scribed seale for various classes of goods, the requiring of vehicles and loads to be taken to a public weighbridge for weighing, and the marking of weight

on the vehicles."

Ordinance 300 adopted under the power conferred by s. 51, aided by 88. 575-579 of the Local Government Act 1919-1955, provides, so far as material, that a driver or person in charge of any vehicle shall, when called upon by any one of certain officers, proceed to a weighbridge or other weighing device and permit the inspection and weighing of such vehicle and goods thereon or