Farey v Burvett [1916] HCA 36

OF AUSTRALIA. 433

{HIGH COURT OF AUSTRALIA.)

FAREY a S a és A y . APPELLANT; DEFENDANT, AND BURVETT . : E ts : 5 x . RESPONDENT. INFORMANT,

ON APPEAL FROM A COURT OF PETTY SESSIONS OF VICTORIA.

Constitutional Law—Parliament of Commonwealih—Legislative powers—Defence— 44 (oy A. Existence of war—Power to fix price of bread—The Constitution (63 & 64 Vict. 1916, ¢. 12), secs. 51 (vt), (xxx1x.), 61, 68, 119—War Precautions Act 1914-1916 = (No. 10 of 1914—No. 3 of 1916). sec. 4—War Precautions (Prices Adjustment) Metnournr, Regulations 1916 (Statutory Rules 1916, No. 40 and No. 53). May 3x

Held, by Griffith C.5. and Barton, Isaacs, Higgins and Powers JJ. (Gavan T4"* 1s 2 8-

Duffy and Rich JJ. dissenting), that the legislative powers of the Common- Griffith C.J. wealth Parliament conferred by sec. 51 (v1.) and (xxxrx.) of the Constitution P*")2? 1sa2es include a power during the present state of war to fix within limits of locality the highest price which during the continuance of the War may Rich JJ.

be charged for bread.

_ Appear from a Court of Petty Sessions of Victoria.

At the Court of Petty Sessions at Melbourne before a- Police _ Magistrate on 12th May 1916 an information was heard whereby Alfred Stephen Burvett, an Inspector in the Department of the _ Commonwealth Treasury at Melbourne, charged that W. A. Farey on 20th April 1916 "did contrary to the War Precautions (Prices Adjustment) Regulations 1916, made in pursuance of the War Pre- 'cautions Act 1914-1915 of the Commonwealth of Australia in a

ie,

434 HIGH COURT (1916.

H.C. or A. proclaimed area, namely, in Area (c) specified in the Schedule to 1916. the said Regulations, sell four pounds of bread, namely, two two- Farry pound loaves of bread, at the price of seven pence, such price being

greater than the maximum price fixed by the Prices Adjustment