JAMES v. COMMONWEALTH OF AUSTRALIA.
(1936) 55 Ll.L.Rep. 291
JUDICIAL COMMITTEEOF THE PRIVY COUNCIL.
Before Viscount Hailsham (Lord Chancellor), Lord Russell of Killowen, Lord Wright (Master of the Rolls), Sir George Lowndes and Sir Sidney Rowlatt.
Constitutional law-Australia-Construction of Constitution-Commonwealth legislation regulating dried fruits trade-"Except as provided by the regulations: (a) the owner or person having possession or custody of dried fruits shall not deliver any dried fruits to any person for carriage into or through another State to a place in Australia beyond the State in which the delivery is made: and (b) the owner or any other person shall not carry any dried fruits from a place in one State into or through another State to a place in Australia beyond the State in which the carriage begins, unless he is the holder of a licence then in force, issued under this Act, authorising him so to deliver or carry such dried fruits as the case may be, and the delivery or carriage is in accordance with the terms and conditions of that licence. Penalty: One hundred pounds or imprisonment for six months"-Consignments of dried fruits by appellant in fulfilment of various inter-State contracts - No licence - Consignments forfeited-Claim by appellant against
Commonwealth - Demurrer - Contention by appellant that dried fruits legislation and regulations were invalid in that they contravened Sect. 92 of the Constitution-Restriction of inter-State trade-Whether Sect. 92 binding on Commonwealth- "(51) The Parliament shall, subject to this Constitution, have power to make laws for the peace, order and good government of the Commonwealth with respect to (i) Trade and commerce with other countries and among the States" -"(92) On the imposition of uniform duties of customs, trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free"- Meaning of "absolutely free"-Commonwealth of Australia Constitution Act, 1900, Sects. 51 (i), 92-Dried Fruits Act, 1928-35.