Recently, attention has been drawn to the proliferation in Australia of statutory authorities, which appear to be, to some extent, independent of government control. The Australian Constitution requires responsible government, and this article attempts to determine the extent to which the Constitution permits the establishment of statutory authorities outside the traditional organisational structure of ministerial departments of state, and to what extent such authorities may be independent of ministerial and parliamentary control. On the assumption that responsible government requires some measure of accountability of all parts of the executive government of the Commonwealth, the article examines the extent to which statutory authorities are accountable in accordance with the provisions of the Constitution, and also whether any other areas of law, especially administrative law, may provide some measure of accountability of statutory authorities.

Although some concept of a “market” is inherent in all systems of competition law, the Trade Practices Act 1974 (Cth) is striking in that it expressly makes liability under most of its substantive sections (sections 45, 46, 47, 49 and 50, but not section 48) depend in one way or another on the identification of a market or markets in which competition has been injured by the impugned conduct. This is because at the time when the Trade Practices Act 1974 came to be drafted, the concepts of market definition and market control had evolved to a high level in other jurisdictions, particularly in the United States.

Now, however, after five years’ experience with market definition under the 1974 Act, the Australian doctrine should have its own contribution to make. It should be rewarding, therefore, to attempt to state the principles that have so far emerged, in light also of cases and writings in the major overseas antitrust systems, those of the European Common Market and the United States. Since market definition often determines the outcome of suits or applications under the Trade Practices Act, these principles have practical as well as conceptual importance.

Taxation law — Principles of interpretation of tax Acts — Form and substance — Partnerships — Change in ownership — Disposals other than in the ordinary course of business — Election by partnership to value trading stock at cost price — Dividend stripping — Income Tax Assessment Act 1936 (Cth) — Ss. 36, 36A

Administrative law — Environmental law — Standing to sue — Corporation — Environmental Protection (Impact of Proposals Act) 1974 (Cth) — Violation of public right — Boyce v. Paddington Borough Council