Reinvigorating the trade and commerce power

Gray, Anthony (2015) Reinvigorating the trade and commerce power. Australian Business Law Review, 43 (2). pp. 101-120. ISSN 0310-1053


This article considers the interpretation of the Australian Government's trade and commerce power. It suggests that the current interpretation of the power, which denies that production and manufacture is part of trade and commerce, is unduly narrow. The original conception of the power was very broad, but the High Court, apparently influenced by its interpretation of s92 of the Constitution, progressively narrowed the meaning of trade and commerce. In light of the fact a new approach has been taken to s92, the felt need to (artificially) constrain the constitutional meaning of 'trade and commerce' had disappeared. However, the narrow interpretation remains, hobbling the ability of the federal government to implement an efficient, uniform approach to business regulation.

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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 / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 26 May 2015 00:35
Last Modified: 29 Jun 2016 03:46
Uncontrolled Keywords: trade and commerce, manufacture, production, interstate trade and commerce, s92 Constitution, freedom of interstate trade and commerce
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9402 Government and Politics > 940203 Political Systems

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