TOBACCO INDUSTRY WHETHER COMMONWEALTH HAS POWER TO ENGAGE IN MANUFACTURE : WHETHER COMMONWEALTH HAS POWER TO PROHIBIT MANUFACTURE
CONSTITUTION, s. 51
Senator Playford (1):
You ask me 'Has the Commonwealth power to establish the manufacture of tobacco, cigars and cigarettes, close all present establishments, and prevent private persons in future manufacturing such articles?'
This question appears to me to be governed-with the exception mentioned below-by the opinion given by Mr Deakin on 18 July 1903(2) to Mr Kingston, the President of the Royal Commission on the Bonuses for Manufactures Bill in connection with the establishment of ironworks by the Commonwealth. The text of that opinion is printed on p. 184 of the Report of the Commission.
With that opinion I entirely agree. The only difference between the iron industry and the tobacco industry, so far as regards the principles there laid down, seems to be that it is not easy to conceive how the manufacture of tobacco, cigars and cigarettes can be incidental to the execution of any of the express legislative powers of the Commonwealth.
[Vol. 4, p. 157]
(1) Vice-President of the Executive Council.
(2) See Opinion No. 73, endnote (2).