Compulsory marketing schemes and Section 92 of the Australian Constitution
Article
Article Title | Compulsory marketing schemes and Section 92 of the Australian Constitution |
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ERA Journal ID | 34056 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | University of Tasmania Law Review |
Journal Citation | 33 (2), pp. 317-344 |
Number of Pages | 28 |
Year | 2014 |
Place of Publication | Hobart, Australia |
ISSN | 0082-2108 |
Abstract | This article considers the constitutionality of compulsory marketing schemes in terms of s92 of the Australian Constitution, providing for absolutely free trade, commerce and intercourse among the States. It considers the contradictory case law on the extent to which such schemes infringe s92 and takes issue with the High Court's most recent decision in this area, Barley Marketing Board v Norman. It criticises the current test for assessing the validity of schemes under s92, and concludes that, even under the current approach, such measures are liable to challenge, it being difficult to argue they are 'reasonable regulation' measures. |
Keywords | absolutely free; freedom of interstate trade and commerce; compulsory marketing schemes; s92 Australian Constitution |
ANZSRC Field of Research 2020 | 480702. Constitutional law |
350605. Marketing management (incl. strategy and customer relations) | |
480699. Private law and civil obligations not elsewhere classified | |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q2y56/compulsory-marketing-schemes-and-section-92-of-the-australian-constitution
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