Murphyores Inc Pty Ltd V Commonwealth
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''Murphyores Inc Pty Ltd v Commonwealth'',. was a case decided in the
High Court of Australia The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established fol ...
regarding the scope of the trade and commerce power in section 51(i) of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...
.


Background

Section 112 of the ''
Customs Act 1901 Customs is an authority or agency in a country responsible for collecting tariffs and for controlling the flow of goods, including animals, transports, personal effects, and hazardous items, into and out of a country. Traditionally, customs h ...
'',. prohibited the exportation of mineral sands unless authorised by the Minister. Murphyores Inc Pty Ltd, which held leases from the state of
Queensland ) , nickname = Sunshine State , image_map = Queensland in Australia.svg , map_caption = Location of Queensland in Australia , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_ ...
to mine mineral sands on
Fraser Island Fraser Island (Butchulla: ) is a World Heritage-listed island along the south-eastern coast in the Wide Bay–Burnett region, Queensland, Australia. The island is approximately north of the state capital, Brisbane, and is within the Fraser ...
, sought permission from the Minister to export mineral sands. Such authorisation was withheld pending the outcome of an environmental inquiry. Murphyores challenged the constitutional validity of prohibition and sought an injunction to the study, and a declaration that the Minister cannot make a prohibition for environmental purposes.


Decision

In a unanimous decision, the court held the legislation was a valid exercise of the trade and commerce power. Section 51(i) was a non-purposive power, and the only relevant factor was the subject matter of trade and commerce. The motive and purpose behind the legislation was irrelevant.


See also

*
Section 51(i) of the Australian Constitution Section 51(i) of the Australian Constitution enables the Parliament of Australia to make laws about: :Trade and commerce with other countries, and among the States; Legislative powers of the Parliament. The meaning of trade and commerce is clari ...
*
Australian constitutional law Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Several major doctrines of Australian constitutional law have developed. Background Constitution ...


References

{{reflist * Winterton, G. et al. ''Australian federal constitutional law: commentary and materials'', 1999. LBC Information Services, Sydney. High Court of Australia cases 1976 in Australian law Australian constitutional law Trade and commerce power in the Australian Constitution cases 1976 in case law