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Section 113 of the Constitution of Australia provides that legally, all intoxicating liquids in a State are to be treated as if they were produced in that State and subject to that State's laws, even if in reality they were produced in another State.[1]
It was created to limit the operation of Section 92 of the Constitution of Australia (which ensures free trade among the States) by granting States complete legislative power to regulate alcohol regardless of where the alcohol was originally produced.[2] It is similar in effect to the Twenty-first Amendment to the United States Constitution.[3]
- ^ Constitution (Cth) s 113 Intoxicating liquids.
- ^ Fox v Robbins [1909] HCA 81, (1909) 8 CLR 115 (23 March 1909), High Court (Australia)
- ^ Irving 2007, pp. 160–161