State-Based Business Licensing in Australia: The Constitution, Economics and International Perspectives

Anthony Gray

Abstract


This article considers the current controversial question of the continuing existence of state licensing systems in relation to businesses and occupations. While there may be good reasons for such regimes, differing requirements in different jurisdictions can have the effect of making it more difficult for families and individuals to conduct business in particular jurisdictions, and can inhibit them from moving between jurisdictions. These restrictions could, in the view of economists, lead to inefficient use of human resources. The article considers the extent to which section 92 of the Constitution might be invoked to challenge such regulations, bearing in mind past case law on the section and the recent Betfair decision.

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DOI: https://doi.org/10.21153/dlr2009vol14no2art140

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