Swift Australian Co (Pty) Ltd V Boyd Parkinson - Decision

Decision

Swift argued that the Queensland Acts were invalid because they were inconsistent with a Commonwealth Act legislating the same matter. Specifically, the Court had to ascertain whether the Commonwealth Act intended to "cover the field", and include the regulation of all meat exporters.

The critical issue before the Court was the nature of Swift's business, which included the production of meat for both export and domestic consumption. Did the Commonwealth legislation intend to cover the mixed nature of the business? The Court decided in the negative, distinguishing the case from O'Sullivan v Noarlunga Meat Ltd, where all of the meat produced was exported. The High Court held that the Commonwealth did not intend to cover a mixed operation and that the law only covered the export part of the business. Hence, Swift required both a state and a Commonwealth licence.

Owen J dissented, holding the Commonwealth did intend to regulate mixed premises. Owen J argued the Court had to consider whether the trade and commerce power allowed the Commonwealth to legislate in this manner. In order for the Commonwealth to make effective its conditions and regulations in an industry, with an objective procedure for export, then it must have the power to regulate abattoirs where there is a mixed operation.