Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter II. The commonwealth of Australia

Collection:: Economics Books

844 THE FEDERATIONS AND THE UNION [PART Iv relating to trade and commerce within the meaning of 8. 101 of the Constitution, and need not therefore be entrusted to the inter-state commission. But on the main point at issue the Court was divided. S. 5 of the Act penalized any foreign corporation or trading or financial corporation formed within the Commonwealth which made any contract or engaged in any combination, either to restrain trade or commerce within the Common- wealth to the detriment of the public, or to destroy or injure by means of unfair competition any Australian industry, the preservation of which was advantageous to the Common- wealth. 8. 8 penalized any similar corporation which monopolized or attempted to monopolize, or conspired or combined to monopolize any part of the trade or commerce within the Commonwealth with intention to control to the detriment of the public the supply or price of any service, merchandise, or commodity. The question which thus arose was whether these pro- visions were within the power to make laws with respect to foreign corporations and trading or financial corporations formed within the limits of the Commonwealth. The whole of the Court held that the section did not confer on the Com- monwealth Parliament power to create corporations, but the power was limited to legislation as to foreign corporations and corporations created by state law. But they were divided as to what extent of legislation was permitted. The view of Griffith C.J.! and Barton J.2 was that the section in question of the Constitution conferred upon the Commonwealth Parlia- ment power to prohibit foreign corporations and trading and financial corporations formed under state laws from engaging in trade and commerce within a state, as distinguished from trade and commerce between states or with foreign countries, or to impose conditions subject to which they may engage in such trade and commerce, but did not confer upon the Commonwealth Parliament power to control the operations of such corporations which lawfully engage in such trade and commerce. * (1907) 8 C. L. R. 330, at pp. 345 seq. 3 1Ibid., at pp. 360 seq.

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