Murphyores Inc Pty Ltd v Commonwealth
Encyclopedia
Murphyores Inc Pty Ltd v Commonwealth (1976) 136 CLR
1; [1976] HCA 20, was a case decided in the High Court of Australia
regarding the scope of the trade and commerce power in section 51(i)
of the Constitution.
to mine mineral sands on Fraser Island, 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.
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.
Commonwealth Law Reports
The Commonwealth Law Reports are the authorised reports of decisions of the High Court of Australia. The CLR are published by the Lawbook Company, a division of Thomson Reuters...
1; [1976] HCA 20, was a case decided in the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
regarding the scope of the trade and commerce power in section 51(i)
Section 51(i) of the Australian Constitution
Section 51 is a subsecton of Section 51 of the Australian Constitution enables the Commonwealth Government of Australia both to regulate and to participate in trade and commerce with other countries and among the States. The potential reach of s51 is very broad...
of the Constitution.
Background
Section 112 of the Customs Act 1901 (Cth) prohibited the exportation of mineral sands unless authorised by the Minister. Murphyores Inc Pty Ltd, which held leases from the state of QueenslandQueensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
to mine mineral sands on Fraser Island, 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)Section 51(i) of the Australian Constitution
Section 51 is a subsecton of Section 51 of the Australian Constitution enables the Commonwealth Government of Australia both to regulate and to participate in trade and commerce with other countries and among the States. The potential reach of s51 is very broad...
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 ConstitutionSection 51(i) of the Australian ConstitutionSection 51 is a subsecton of Section 51 of the Australian Constitution enables the Commonwealth Government of Australia both to regulate and to participate in trade and commerce with other countries and among the States. The potential reach of s51 is very broad...
- Australian constitutional lawAustralian constitutional lawAustralian 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....