JSB171 Lecture Notes - Lecture 1: Air Navigation, Dried Fruit, Huddart Parker

• School: QUT
• Department: Justice
• Course: JSB171
• Professor: All

Document Summary

Fairfax v commissioner for taxation: a law can be characterised as with respect to" more than one head of power: murphyores v. Cth; fairfax v commissioner for taxation; northern suburbs cemetery: no powers are reserved to the states, rather the states have full plenary power and the cth has power only within its enumerated powers: engineer"s case. Core of the power involves buying and selling across state boundaries and overseas, and all commercial pre-cursors to such trade (eg. negotiation, contracting etc): w & a mcarthur v. The definition of trade and commerce" has been applied strictly in the hca to give effect to the distinction written into the constitution but the incidental aspect of the power has expanded to take account of modern conditions. Periphery of the power may allow cth to legislate with respect to: Conditions leading to intrastate trade where there is intermingling with interstate trade: redfern v dunlop rubber.