Freedom of Interstate Trade and Commerce

Question 1

What section describes Interstate Trade and Commerce?

Answer 1

s92

Question 2

What is the purpose of s92?

Answer 2

• States that ‘States’ are absolutely free to trade b/w each other
• Cth and States cannot impose laws which burden this right

Question 3

What is the FIRST Issue of s92?

Answer 3

What is the Burden on s.92?

Question 4

What is the SECOND Issue of s92?

Answer 4

Is the burden discriminatory?

Question 5

What is the SECOND ISSUE BROKEN INTO for s92?

Answer 5

Is it discriminatory on:
its face
OR
operationally?

Question 6

What is the Third Issue for s.92?

Answer 6

Is it Protectionist?

–> For it to be burdened, must not only be discriminatory, but also protectionist

Question 7

What is Issue 4 for s.92?

Answer 7

• EVEN if protectionist and Discriminatory –> Is the burden a proportionate method of achieving a legitimate, non-protectionist objective?