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On 18 June 1985, the High Court handed down a decision which strengthened the constitutional right of interstate traders to deal privately in barley outside the confines of Queensland's barley marketing scheme. In this article, the decision and its implications for agricultural marketing generally are examined. In particular, the concept of interstate trade, how and when a crop enters the stream of interstate trade, and whether and how Boards can lawfully acquire crops before they enter that stream, are discussed. In typical fashion, the decision raises as many questions as it answers, and should stimulate employment in the legal profession for a few years to come.


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