''Strickland v Rocla Concrete Pipes Ltd'',
[.] also known as the ''Concrete Pipes Case'', is a
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 ...
case that discusses the scope of the corporations power in
section 51(xx) of the
Australian Constitution
The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the ...
. This was an important case in
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 ...
because it overruled the decision in the earlier case of ''
Huddart, Parker & Co Pty Ltd v Moorehead
''Huddart, Parker & Co Pty Ltd v Moorehead''. is a leading decision by the High Court of Australia that dealt with two issues under the Australian Constitution, the identification and extent of judicial power that is vested in the courts and t ...
'',
[.] which held that the corporations power only extended as far as the regulation of their conduct in relation to their transactions with or affecting the public. Since this case, the Commonwealth has had at least the ability to regulate the trading activities of trading corporations, thus opening the way for an expansion in Commonwealth power.
The width of this power was later considered again in the cases of ''
Actors and Announcers Equity Association v Fontana Films
An actor or actress is a person who portrays a character in a performance. The actor performs "in the flesh" in the traditional medium of the theatre or in modern media such as film, radio, and television. The analogous Greek term is (), lite ...
'', ''
Commonwealth v Tasmania
''Commonwealth v Tasmania'' (popularly known as the ''Tasmanian Dam Case'') was a significant Australian court case, decided in the High Court of Australia on 1 July 1983. The case was a landmark decision in Australian constitutional law, an ...
(the Tasmanian Dam Case)'', ''
Re Dingjan; Ex parte Wagner
Re or RE may refer to:
Geography
* Re, Norway, a former municipality in Vestfold county, Norway
* Re, Vestland, a village in Gloppen municipality, Vestland county, Norway
* Re, Piedmont, an Italian municipality
* Île de Ré, an island off the we ...
'',
[.] and ''
New South Wales v Commonwealth (the WorkChoices Case)''.
[.]
Background
Section 43 of the ''Trade Practices Act'' 1965-1969 (Cth) made certain agreements between competitors restricting competition "examinable", and the respondents in this case were charged with breaching that section. The agreements in question were exclusively related to trade in
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_ ...
. Because this is purely intrastate trade, the respondents would not have fallen within the legislative power granted by
section 51(i) of the Constitution. The Commonwealth Industrial Court, at first instance, rejected the charge, following ''Huddart, Parker & Co Pty Ltd v Moorehead'',
in which it was held that a law with respect to the trading activities of constitutional corporations was not within power.
Decision
Corporations power
The Court unanimously rejected the decision in ''Huddart, Parker & Co Pty Ltd v Moorehead'',
holding that it was based on the rejected doctrine of
reserved State powers
Reserved is a Polish apparel retailer headquartered in Gdańsk, Pomerania, Poland. It was founded in 1999 and remains the largest company of the LPP group, which has more than 1,700 retail stores located in over 20 countries and also owns such ...
, which was abolished in ''
Amalgamated Society of Engineers v Adelaide Steamship Co. Ltd.''; "the earlier doctrine virtually reversed the Constitution" (per
Barwick CJ). The Court found that laws with a sufficient connection to the trading activities of constitutional corporations were valid. In addition, the broader conception of the corporations power, that allows for the regulation of any activities of constitutional corporations, was flagged; "I must not be taken as suggesting that the question whether a particular law is a law within the scope of this power should be approached in any narrow or pedantic manner" (per Barwick CJ).
Reading down
Barwick CJ also gave guidance as to reading laws with respect to section 15A of the ''Acts Interpretation Act'' 1901 (Cth). While he noted that there can be an express intention by the Parliament as to the interpretation of the law, he stated that if it is "single and indivisible", it will not be possible to read down the law and provide it with an alternative interpretation. The coexistence of sections 7 and 35(1) meant that it would have had to apply to both all trade, and to only foreign and interstate trade. However, since section 35(1) is a single provision and not a series of paragraphs, Barwick CJ felt that it would be "legislating and not construing" if it were broken up accordingly.
See also
*
Section 51(xx) of the Australian Constitution
Section 51(xx) of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the power to legislate with respect to "foreign corporations, and trading or financial corporations ...
*
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
1971 in Australian law
Australian constitutional law
Corporations power in the Australian Constitution cases
1971 in case law