65.
conditions and the exercise of their powers in Australia might be regulated and so forth."
152 In the end, what was said in the Banking Case is of little direct assistance in the present matters. What was said there, about the consequences for construction of recognising that a particular law is a law with respect to banking and with respect to foreign corporations or financial corporations, would be of direct relevance in the present matters only if the Amending Act were to be characterised as a law with respect to constitutional corporations and a law with respect to conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State. But that is not said to be the character of the impugned provisions of the Amending Act.
7(b)The Concrete Pipes Case
153 Like Huddart Parker, the Concrete Pipes Case concerned trade practices legislation. The central provision of the Act in question (s 35 of the Trade Practices Act 1965 (Cth)) required the registration of certain agreements – agreements under which restrictions of any of a number of kinds were accepted by one or more of the persons party to the agreement who were competitive with any of the parties to the agreement. Section 7 of the Act provided that the relevant restrictions included restrictions coming within the terms of s 35 and accepted under an agreement by a party to the agreement who is a foreign corporation, or a trading or financial corporation formed within the limits of the Commonwealth. Thus, at the risk of undue abbreviation, the impugned provisions could be described as taking the form "No person shall …"; "This prohibition extends to constitutional corporations".
154 The Court held in the Concrete Pipes Case that the law was not a law with respect to constitutional corporations. That the law applied to constitutional corporations did not suffice to bring it within s 51(xx). All members of the Court in the Concrete Pipes Case[1] agreed that the provisions of ss 5 and 8 of the Australian Industries Preservation Act, held invalid in Huddart Parker, were laws with respect to corporations. And it was in the context of considering whether the Parliament had power to make a law "to govern and regulate the
- ↑ (1971) 124 CLR 468 at 489 per Barwick CJ, 499 per McTiernan J, 511 per Menzies J, 512–513 per Windeyer J, 513 per Owen J, 515 per Walsh J, 525 per Gibbs J.
