Strickland v Rocla Concrete Pipes Ltd
Encyclopedia
Strickland v Rocla Concrete Pipes Ltd (1971) 124 CLR
468, also known as the Concrete Pipes Case, is a High Court of Australia
case that discusses the scope of the corporations power in section 51(xx)
of the Australian Constitution
. This was an important case in Australian constitutional law
because it overruled the decision in the earlier case of Huddart, Parker & Co Pty Ltd v Moorehead (1909) 8 CLR 330, 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 (1982) 150 CLR 169, Commonwealth v Tasmania
(the Tasmanian Dam Case) (1983) 158 CLR 1, Re Dingjan; Ex parte Wagner (1995) 183 CLR 323 and New South Wales v Commonwealth (the WorkChoices Case) (2006) 229 CLR 1.
, and thus, the respondents would 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.
, 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).
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...
468, also known as the Concrete Pipes Case, is a 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...
case that discusses the scope of the corporations power in section 51(xx)
Section 51(xx) of the Australian Constitution
Section 51 of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to "foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth"...
of the Australian Constitution
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
. This was an important case in Australian constitutional law
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....
because it overruled the decision in the earlier case of Huddart, Parker & Co Pty Ltd v Moorehead (1909) 8 CLR 330, 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 (1982) 150 CLR 169, Commonwealth v Tasmania
Commonwealth v Tasmania
Commonwealth v Tasmania 158 CLR 1, 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, and was a significant moment in the history of conservation in Australia...
(the Tasmanian Dam Case) (1983) 158 CLR 1, Re Dingjan; Ex parte Wagner (1995) 183 CLR 323 and New South Wales v Commonwealth (the WorkChoices Case) (2006) 229 CLR 1.
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 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...
, and thus, the respondents would have fallen within the legislative power granted by section 51(i) of the Constitution
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...
. 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.
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 powersReserved State powers
The reserved country powers, also called reserved powers, is a doctrine reserved exclusively for the states, that is used in the interpretation of the Constitution of Australia. It adopted a restrictive approach to the interpretation of the specific powers of the Federal Parliament in order to...
, which was abolished in Amalgamated Society of Engineers v Adelaide Steamship Co. Ltd.
Amalgamated Society of Engineers v Adelaide Steamship Co. Ltd.
Amalgamated Society of Engineers v Adelaide Steamship Co Ltd 28 CLR 129 was a landmark Australian court case decided in the High Court of Australia on 31 August 1920...
; "the earlier doctrine virtually reversed the Constitution" (per Barwick CJ
Garfield Barwick
Sir Garfield Edward John Barwick, was the Attorney-General of Australia , Minister for External Affairs and the seventh and longest serving Chief Justice of Australia...
). 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 ConstitutionSection 51(xx) of the Australian ConstitutionSection 51 of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to "foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth"...
- 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....