Clements and Marshall Pty Ltd v Field Peas Marketing Board (Tas) [1947] HCA 61

76 C.L.R.} OF AUSTRALIA. 401

{HIGH COURT OF AUSTRALIA.]

CLEMENTS AND MARSHALL PROPRIE-

ee ee ce Prartirr, AND FIELD PEAS MARKETING BOARD (TAS- MANIA) AND ANOTHER A ss : ResPoOnvENTS. Drrenpants, , Constitutional Law—Freedom of inter-State trade, commerce and intercourse— WC. ov A.

Marketing of primary products—Marketing Board constituted under State Act 1947, —Commodity divested from growers and vested in Board as owner—Contracts = 4

. for sale of commodity declared void—Provision that nothing in the legislation MuLpounxr, should interfere with operation of 8. 92 of Commonwealth Constitution—Legisla- Mar. 14, 19 ;

' tion contravening 8. 92—Kztent of invalidity—Marketing of Primary Products lena, Act 1045 (0 & 10 Geo. VI. No. 41) (Tas.)—Marketing of Primary Producta 45:7 11,

' (Pield Peas) Act 1946 (10 Geo. VI. No. 35) (Tas.). wabaiy

Williams 5, 'The Marketing of Primary Products Act 1945 (Tas.) provided for the constitu- tion of a board for the marketing of any product declared by proclamation of the Governor to be a " commodity " for the purposes of the Act. It provided | that, where a product had been declared a commodity and a board had been constituted in relation to it, the Governor might by proclamation declare that all the commodity should be divested from the producers and become vested in, and be the absolute property of, the board as the owner thereof, whereupon the commodity should become the absolute property of the board, free of all contracts and encumbrances, and the rights of every person in and to the commodity should be converted into a claim for payment in accordance with the Act ; that a board might sell any commodity vested in it, and that "the board was empowered, as far as was practicable, to provide the commodity for consumption in Tasmania and for its supply during any period of shortage to places within Tasmania wherein a shortage was experienced and also to make such arrangements as it deemed necessary with regard to the sale of the commodity for export or for consignment to other States; that all the