Inter-State Commission

The envisaged chief functions of the Inter-State Commission were to administer and adjudicate matters relating to interstate trade.

There shall be an Inter-State Commission, with such powers of adjudication and administration as the Parliament deems necessary for the execution and maintenance, within the Commonwealth, of the provisions of this Constitution relating to trade and commerce, and of all laws made thereunder.

But no preference or discrimination shall, within the meaning of this section, be taken to be undue and unreasonable, or unjust to any State, unless so adjudged by the Inter-State Commission.

Section 73 provides that appeals on questions of law can be made on decisions of the Inter-State Commission to the High Court At the first Constitutional Convention in Sydney in 1891, considerable debate occurred over the issue of freedom in interstate trade, especially over the abuses arising from differential and preferential railway rates being put into effect in New South Wales and Victoria.

[7] Lobbying efforts by the Australian shipping industry, incensed that the Commission's scope would include ocean navigation, also contributed to the delay.

[11] The commission's establishment occurred during the Fourth Parliament of Australia, at which time State practices concerning interstate rivalry and discrimination were becoming quite blatant.

[12] In 1913, the newly elected Cook government appointed Albert Piddington as Chief Commissioner, joining George Swinburne and Sir Nicholas Lockyer.

In 1984, following the re-election of Labor Party under Bob Hawke, the Commission received its appointments and was charged with investigating all matters relating to interstate transport.