Mansell v Beck

The case of *Mansell v Beck* concerned two separate informations laid against George Stanley Mansell, a newsagent, for alleged breaches of the *Lotteries and Art Unions Act 1901-1944* (N.S.W.). The first charge related to the acceptance of money in respect of the purchase of a ticket in a foreign lottery, contrary to section 21 of the Act. The second charge involved the display of a notice relating to a foreign lottery announcing its result, contrary to section 20 of the Act. Mansell was convicted on both charges and appealed to the Supreme Court of New South Wales, which stated a case for the opinion of the High Court of Australia.

The legal issues before the High Court were whether sections 20 and 21 of the *Lotteries and Art Unions Act 1901-1944* (N.S.W.) infringed section 92 of the Commonwealth Constitution, which guarantees freedom of inter-State trade, commerce, and intercourse. Specifically, the court had to determine if the prohibition on publishing advertisements or displaying notices relating to foreign lotteries, and the prohibition on accepting money for tickets in foreign lotteries, constituted an impermissible burden on inter-State activities.

A majority of the High Court held that section 20 did not infringe section 92. Their reasoning was that the prohibited acts were of an intra-State nature, and the restriction was not imposed by reference to any essential attribute of inter-State trade, commerce, or intercourse. Furthermore, the provision was not discriminatory, as it applied to foreign lotteries in a similar manner to lotteries conducted within New South Wales (other than by the State itself). Regarding section 21, a majority of the court also found that it did not infringe section 92. The reasoning varied, with some judges holding that the prohibited acts were in the nature of gambling and thus outside the protection of section 92, while others concluded that the law applied generally and did not select any element of inter-State trade as its basis. One judge dissented, arguing that section 21 contravened section 92 by penalising conduct based on its inter-State movement of money, which was essential to intercourse among the States.

The High Court dismissed the appeals, upholding the validity of sections 20 and 21 of the *Lotteries and Art Unions Act 1901-1944* (N.S.W.) as against the challenge under section 92 of the Constitution.