BANK ACT APPEAL

Otago Daily Times, Issue 27038, 24 March 1949, Page 7

BANK ACT APPEAL

COMMONWEALTH CONTINUES ARGUMENT LONDON, Mar. 22. The Australian Commonwealth Government’s argument in the bank appeal before the Privy Council is expected to end about Monday next and argument against the appeal may begin on Tuesday. The Government is appealing against the Australian High Court’s decision invalidating the Bank Nationalisation Act. Dr Evatt contended to-day that section 92 of the Constitution had nothing to do with the problem of whether a chosen instrument to conduct banking should be privately or publicly controlled. He said that an acquisition plan under a State authority would not infringe section 92 unless the court was satisfied that acquisition was really aimed at the prevention of interstate trade in the commodity concerned. Dr Evatt argued that if a State Government acquired the whole, of one commodity, the mere acquisition did not infringe the Constitution. It was neutral. They must go further before they could suggest that it in fringed section 92. They must show that acquisition was directed againsi trade and commerce among the States or, in other words, that it was directed against the freedom of a State border