Gray, Anthony ORCID: https://orcid.org/0000-0001-9565-475X
(2014)
Compulsory marketing schemes and Section 92 of the Australian Constitution.
University of Tasmania Law Review, 33 (2).
pp. 317-344.
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.
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