Opinion Number. 472

Subject

TRADE AND COMMERCE WHETHER COMMONWEALTH HAS POWER TO ESTABLISH INTERSTATE TRADE AND MAIL SERVICE

Key Legislation

CONSTITUTION, s. 51 (i), (v)

Date
Client
The Postmaster-General

The question whether the Commonwealth has constitutional power to conduct an interstate mail and trade service between Tasmania and the mainland has been re-ferred to me for advice by direction of the Postmaster-General.

There is no Commonwealth legislation in existence to authorise the establishment of a mail and trade service by the Commonwealth between Tasmania and the main-land, and, in the absence of such legislation, I doubt whether it would be practicable to establish such a service.

But, in my opinion, the Commonwealth Parliament clearly has power to legislate for the establishment and carrying on of such a service by the Commonwealth or any authority under the Commonwealth.

[Vol. 10, p. 396]