Compulsory marketing schemes and Section 92 of the Australian Constitution

Gray, Anthony (2014) Compulsory marketing schemes and Section 92 of the Australian Constitution. University of Tasmania Law Review, 33 (2). pp. 317-344. ISSN 0082-2108


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.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to published version due to publisher copyright policy.
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 20 Apr 2015 04:09
Last Modified: 20 Apr 2015 04:09
Uncontrolled Keywords: absolutely free; freedom of interstate trade and commerce; compulsory marketing schemes; s92 Australian Constitution
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
15 Commerce, Management, Tourism and Services > 1505 Marketing > 150503 Marketing Management (incl. Strategy and Customer Relations)
18 Law and Legal Studies > 1801 Law > 180105 Commercial and Contract Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9402 Government and Politics > 940299 Government and Politics not elsewhere classified

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