Cole v Whitfield
(1988) 165 CLR 360 · [1988] HCA 18
High Court of Australia · 1988
Headnote
Reinterpreted s 92 of the Constitution as prohibiting discriminatory burdens of a protectionist kind on interstate trade, and opened the door to convention debates as an interpretive aid.
Bench
Mason CJ, Wilson, Brennan, Deane, Dawson, Toohey and Gaudron JJ
Facts
A Tasmanian trader was prosecuted for selling undersized crayfish lawfully taken in South Australia, and argued the Tasmanian regulation infringed s 92.
Held
Section 92 prohibits protectionist discrimination, not all burdens on interstate trade. The regulation pursued a legitimate conservation purpose and was valid.
Key passage
“Section 92 is concerned with the prohibition of discriminatory burdens of a protectionist kind.”
165 CLR 360, 394
Citation formats
AGLC full
Cole v Whitfield (1988) 165 CLR 360, 394.
AGLC short
Cole (1988) 165 CLR 360, 394.
Medium neutral
Cole v Whitfield [1988] HCA 18.
Authorities considered
- Bank of New South Wales v Commonwealth
(1948) 76 CLR 1