Practitioners dealing with the validity of delegated legislation under marketing board statutes should consider the scope of regulation-making powers concerning labelling, marketing, selling and display of commodities.
Later decisions that cite Peppers Self Service Stores Pty Ltd v Scott
Decisions cited by Peppers Self Service Stores Pty Ltd v Scott
PEPPERS SELF SERVICE STORES PTY. LTD. v. SCOTT [1958] HCA 39; (1958) 98 CLR 606
Marketing of Primary Products
High Court of Australia
Dixon C.J.(1), McTiernan(2) and Taylor(1) JJ.
CATCHWORDS
Marketing of Primary Products - Egg and Pulp Egg Marketing Board - Regulation - Validity - Directed to informing intending customers by display of card by retailer of State or country of origin of eggs and, if obtained from board, that fact - Statutory power to make regulations - For purposes necessary or expedient for the administration of the Act or for carrying out the objects of the Act - Regulating the "labelling . . . marketing selling . . . of the commodity" - Regulating the "display of any of the commodity . . . for sale . . ." - Marketing of Primary Products Acts 1935-1953 (No. 4337 - No. 5710) (Vict.), s. 43 (1) (b) (iv) (ix) - Egg and Egg Pulp Marketing Board Regulations 1953-1956, reg. 39 (b).
HEARING
Melbourne, 1958, May 13;DECISION
Scott v. Peppers Self Service Stores Pty. Ltd. [1958] VicRp 47; (1958) VR 301