LLB203 Study Guide - Final Guide: Profit Motive, Adrian Knox, Huddart Parker
Trade and Commerce Power
Business regulation powers
Parliament has power to make laws … with respect to ‘Trade and commerce with other
countries, and among the States’
Constitution s 51(i)
Parliament has power to make laws … with respect to ‘Foreign corporations, and
trading or financial corporations formed within the limits of the Commonwealth
Constitution s 51(xx)
The Parliament has power, subject to this Constitution, to make laws for the peace, order and good
government of the Commonwealth with respect to trade and commerce with other countries, and among
the States
Constitution s 51(i)
However, Commonwealth law can still affect matters wholly within a State if:
its enacted under another head of power; or
its enacted under the trade and commerce power, and the intrastate matter is
sufficiently connected with the interstate or overseas trade that is subject to the law
Trade within the commonwealth is to be free among the States
Constitution s 92
Elements
1. It must be ‘trade and commerce’ and either:
2. with other countries;
OR
3. among the states.
Element 1: “TRADE AND COMMERCE”
This arises in respect of ss 51(i) and 92, as well as s 51(xx) cases on “trading” and
“financial” corporations.
Trade and commerce has been defined as: “…buying and selling are the very heart of
trading”
R v Trade Practices Tribunal, ex parte George County Council
Trade includes both:
the act of transporting or delivering for reward (doesn’t have to me monetary)
Australian National Airways Pty Ltd v Commonwealth
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Parliament has power to make laws with respect to trade and commerce with other countries, and among the states". Parliament has power to make laws with respect to foreign corporations, and trading or financial corporations formed within the limits of the commonwealth. The parliament has power, subject to this constitution, to make laws for the peace, order and good government of the commonwealth with respect to trade and commerce with other countries, and among the states. Trade within the commonwealth is to be free among the states. It must be trade and commerce" and either: with other countries; This arises in respect of ss 51(i) and 92, as well as s 51(xx) cases on trading and. Trade and commerce has been defined as: buying and selling are the very heart of trading . R v trade practices tribunal, ex parte george county council. Trade includes both: the act of transporting or delivering for reward (doesn"t have to me monetary)
