Williams v Metropolitan and Export Abattoirs Board [1953] HCA 93

C.196AOPR. 306 DIST.I1967.VRbGF

MELBOURNE, Oct. 14, 15.

Sypyey, Dec. 15

Kitto J.

HIGH COURT {1953.

[HIGH COURT OF AUSTRALIA.]

WILLIAMS AND ANOTHER . i y fi PLAINTIFFS ; AND

METROPOLITAN AND EXPORT ABATTOIRS BOARD AND OTHERS . A i i DrFeNnDANts.

Constitutional Law (Cth.)—Freedom of inter-State trade, commerce and intercourse —State statute—V alidity—Qualified prohibition on importation into metropolitan abattoirs area of South Australia or sale within area of meat slaughtered outside area—Meat slaughtered and cooked in Victoria sold to customers within area— Severability—* Meat''—Cooked meat included—The Constitution (63 & 64 Vict. c. 12), s. 92—Metropolitan and Bxport Abattoirs Act 1936-1948 (No. 2291 of 1936—No. 17 of 1948) ), 88. 3, 70 (c), 77—Acts Interpretation Act 1915-1949 (No. 1215 of 1915—No. 58 of 1949) (S.A.), s. 22a

Coe 73 Ge orrinon by means of threat of illegal act.

me

Ge CRESS, Section 3 of the Metropolitan and Buport Abattoirs Act 1936-1948 (S.A.)

defined meat to mean " the flesh of any slaughtered stock, whether such meat ... is in its natural state, or has been subjected to any freezing,

chilling, salting, or other preservative process " Held, that cooked meat was meat within the meaning of the definition.

Section 70 of the Act provided that while abattoirs are available under the Act for slaughtering stock no person should within the metropolitan abattoirs area—(c) sell or attempt to sell or expose for sale or allow or cause to be sold or exposed for sale any carcass or meat slaughtered outside the metropolitan abattoirs area unless the carcass thereof together with certain organs attached in natural connection has been first brought to the abattoirs and inspected and branded by an inspector as provided in s. 93. Section 93 provides, inter

s is found to be free from dist