High Court of Australia
+
ae
H.C. or A. 1916. Sw
Metpourne, Sept. 21, 22, 25-27, 29; Oct. 2-6, 9,
16, 2:
Griffith O.J., Barton, Isaacs, Higgins, Gavan Duffy, Powers and Rich JJ.
DUNCAN AND OTHERS . =
THE STATE OF QUEENSLAND "ao
HIGH COURT
[HIGH COURT OF AUSTRALIA.)
AND
ANOTHER .
(63 & 64 Vict. c. 12), secs. 51 (1.), 86, 88, 90, 92, 99, 107, 112, 113 —Meat 8 for Imperial Uses Act 1914 (Qd.) (5 Geo. V. No. 2), secs. 4, 6, 7-
The Australian Constitution provides in sec. 92 that " trade, com and intercourse among the States, whether by means of internal carris ocean navigation, shall be absolutely free." 'This provision is not in all ¢ and necessarily violated by the Government of a State when it prevents owner of a commodity ordinarily saleable from taking or sending it, course of trade, out of that State into another. Such a preventi violation of sec. 92 if it is effected by the State Government under the a1 of legislation which, without actually expropriating the owner, expressl} deprives him in respect of that commodity, whenever it is within the Si of rights ordinarily flowing from his ownership, such as the right of s or removing, or otherwise dealing with his commodity ; provided statutory deprivation is a step towards an ultimate object the attaim which is facilitated by, but might be lost without, the deprivation.
The Meat Supply for Imperial Uses Act 1914 (Qd.), which is "An Act to Secure Supplies of Meat for the uses of His Majesty's Imp Government during War, and for other purposes," by sec. 4 defines the " Chief Secretary," when used in the Act, as " the Chief Secretary of Qu
his office), acting for and on behalf of the Government of Queensland His Majesty's Imperial Government"; the word "stock" as m
made available for export" ; and the word " meat " as meaning
all other edible parts of stock when killed which are intended for export," &e F =
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