CL 10.2 Freedom of interstate trade and commerce (s92)
A Coggle Diagram about COLE V WHITFIELD (FACTS: Whitfield bought some live crayfish from a South Australian fishing business. All were above the minimum size prescribed by South Australian legislation but below that prescribed in the Tasmanian regulations. Whitfield was subsequently charged with the possession of undersized crayfish. Whitfield sought to rely on s 92 of the Constitution., With respect to State laws, the Court stated that the constitutionality of State laws is to resolved via a consideration of the nature of the impugned law. At 408:, Therefore the text of the law and its actual effect are relevant. At 399: and With respect to Commonwealth laws, the Court stated that Commonwealth laws under s 51(i) will not ordinarily be discriminatory if they apply to all transactions of a given kind within the reach of Parliament. ), POST-COLE V WHITFIELD (the legitimate purposes exception, equalising laws and the level playing field defence and compulsory acquisition schemes), RECENT CASES AND UNEXPLORED ISSUES and s92 - On the imposition of uniform duties of customs, trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.