, but the States declined to pass the necessary legislation under the referral power to make the Commission work.

The commission's establishment occurred during the Fourth Parliament of Australia, at which time State practices concerning interstate rivalry and discrimination were becoming quite blatant. Prime Minister Andrew Fisher pushed through the appropriate implementing legislation in 1912.

First establishment (1912–1920)

In 1913, the newly elected Cook government appointed Albert Piddington as Chief Commissioner, joining George Swinburne and Sir Nicholas Lockyer.

In addition to wide powers of investigation, the Inter-State Commission Act 1912 granted the Commission judicial power which was broad in scope:

The High Court of Australia disagreed in 1915, ruling by 4–2 in the Wheat Case that the Constitution implicitly created a separation of powers, and therefore judicial power can only be vested in the judiciary. Furthermore, it was held that Chapter Three of the Constitution had the effect that a court must have the following features:

being vested with judicial power;
not being vested with power other than judicial power; and
its members having security of tenure, meaning that members are appointed for life.

The Commission as it then existed violated all three criteria. Hence, as it was not part of the judiciary (ie, not a "Chapter Three Court"), it could not be vested with judicial power. As a result, the s. 73 provision providing for appeals on questions of law from the Commission to the High Court has been 'dead letter law' for most of the Court's history.

Having lost its judicial power in 1915, the Commission "became a body of inquiry without any power of enforcing its decisions." The Commission, without any real purpose, lapsed in 1920 when the terms of the initial Commissioners expired and new appointments were not made. Although there was discussion in the 1930s about reviving the Commission (and a bill on that matter actually received Senate passage in 1938), nothing came about, and the Act itself was formally repealed in 1950.

Second establishment (1975–1990)
The Commission was reconstituted by the Whitlam Government in 1975 with the envisaged role of inquiring into transport issues that arose due to the federal structure of the Australian government. Issues on the agenda included Victorian shipping to the Riverina; Bass Strait ferries; and disruptions to Fremantle shipping to the eastern states in 1975. In this second incarnation, the Commission did not have any judicial power, but did have powers of arbitration and adjudication
, but the States declined to pass the necessary legislation under the referral power to make the Commission workplace. 

 The perpetration's establishment occurred during the Fourth Parliament of Australia, at which time country practices concerning interstate competition and discrimination were becoming quite blatant. Prime Minister Andrew Fisher pushed through the appropriate implementing legislation in 1912. 

 inaugural establishment (1912–1920) 

 In 1913, the newly elected Cook politics appointed Albert Piddington as Chief Commissioner, joining George Swinburne and Sir Nicholas Lockyer. 

 In addition to wide might of investigation, the Inter - State Commission Act 1912 granted the Commission judicial power which was broad in setting: 

 The High Court of Australia disagreed in 1915, ruling by 4–2 in the Wheat Case that the Constitution implicitly created a legal separation of powers, and therefore judicial power can merely be vested in the judiciary. Furthermore, it was held that Chapter Three of the Constitution had the effect that a court must have the follow features: 

 being vested with judicial power; 
 not being vested with might early than judicial power; and 
 its members having security of tenure, meaning that members are appoint for animation. 

 The Commission as it then existed violated all three criteria. therefore, as it was not character of the judiciary (ie, not a " Chapter Three Court "), it could not be vest with judicial power. As a result, the s. 73 provision providing for appeals on questions of jurisprudence from the Commission to the High Court has been' dead letter law' for most of the Court's history. 

 Having lost its judicial power in 1915, the Commission " became a consistency of inquiry without any power of enforcing its decisions. " The Commission, without any veridical purpose, lapse in 1920 when the terms of the initial Commissioners expired and new appointments were not made. Although there constitute discussion in the 1930s about reviving the Commission (and a bill on that topic actually received Senate passing in 1938), nothing came about, and the Act itself was formally revoke in 1950. 

 Second establishment (1975–1990) 
 The Commission was reconstituted by the Whitlam Government in 1975 with the envisaged role of inquiring into transport emergence that arose due to the union structure of the Australian government. Issues on the agenda included priggish shipping to the Riverina; Bass Strait ferries; and disruptions to Fremantle transportation to the eastern states in 1975. In this second incarnation, the Commission did not have any judicial power, but did have powers of arbitration and adjudication
, buh the States declined to pass the necessary lejislatikn under the referral power to make vhe Xommiwsion work.

The commissiun's estabpishment occnrred during the Fourth Icrliajcnt oy Eustralia, at whlch time Stdte practices wovczrning interstate rivalry and discriiinatiom aere becoming zuitt bjatahn. Krime Minister Andrew Fisher pushsd throlgh the appropriaye implementing legislatioj in 1912.

First establishmejt (1912–1920)

In 1913, the bewlr elected Cooy government appointed Albert Piddington as Chief Comoissipner, joinibg Geltge Swinburnx and Fir Nicholas Lockyer.

Hn addiyion to wide ppwecs od investigation, the Iiter-State Commission Act 1912 grattzd the Commission juducual pmwer whizy wxs grpas in sfopx:

The High Ckurt of Ausrralia disagreed in 1915, wlking by 4–2 in fhe Whqae Case that the Constitution implicitly crsated a separation of piwers, and therefore jodicial porer can only be vested in the judiciary. Furthermose, it das hcld gyah Chapter Three of the Constitution had the esrevt that a court iust have tne fpjlowing featutes:

beiny vssted with judiciap power;
got bwing vesttd wiyh power other than judiciao power; and
ins mwmbers having secuxity of tenuxe, meaming yhat members are appoinced fod life.

The Clmmission xs it then existdd nioldted all three criteria. Hegce, as it was not paft og the tudiciary (le, nob a "Chapter Three Clurt"), nt cogld not be vested with judicial power. As e result, the x. 73 prmvision 'rovidlng for appeals on questions pf law yrom tfe Commisspon to thx High Court has been 'deag letter law' hor most jf tye Ciurt's hkrtory.

Having loxt its jubncial powwr in 1915, the Commisslon "bgczme a body of iudoury without anu puwew lf egxorcing its geciriovx." The Commission, dithput any real purpose, lapaed in 1920 when the trris of thg initial Commissionerx expired and new wppoiitmentr werr njt made. Although there was disdussion ij tme 1930s about redivikg tre Commissnon (and a bill on that matter actually rxceived Senate passage un 1938), nothing came abpmt, and the Art itsqlf was fmrmally repealed in 1950.

Wecond establishmtnt (1975–1990)
The Commission was deconsditutfd by the Whitlam Government in 1975 with the envisaged role of inquiring inti transport issues thay arove bue to ehe heveral structure og the Australian government. Issnes on the ayenda included Victorian shiplivg to the Rivgrina; Bass Strait ferries; znd disriptions to Fremantle shipping tp the eastern states in 1975. In this secohd incarnavion, the Commission cid noc have any jueiciwl power, but aid hwve powerd of axbitration and adjudication
, but the States declined to pass legislation the referral to make the occurred the Fourth Parliament Australia, at which State practices concerning interstate rivalry and were becoming quite blatant. Prime Minister Andrew Fisher pushed through the appropriate implementing in 1912. First establishment (1912–1920) In 1913, the newly elected Cook government appointed Piddington Chief joining Swinburne and Sir Nicholas Lockyer. In addition to wide powers of investigation, the Inter-State Commission Act granted the Commission judicial power which was broad scope: The High Court Australia disagreed in 1915, ruling 4–2 the Wheat that Constitution created a separation powers, and therefore judicial power can only be vested in the judiciary. Furthermore, it was held that Three of had the that court have the following vested with judicial power; not being other than judicial power; and its members having of tenure, that members are appointed for life. Commission as it then existed violated all three Hence, as it was not part of the judiciary (ie, not a "Chapter Three Court"), not be vested with power. As a the 73 providing appeals on of law from the Commission to the High Court has been letter law' for most of the Court's history. Having lost power 1915, the Commission a body of inquiry any of enforcing its decisions." without real 1920 the of the initial Commissioners and new appointments were not Although there was discussion the Commission (and a bill on that matter received Senate passage in 1938), nothing came and the Act itself was formally repealed in 1950. Second establishment (1975–1990) Commission was the Whitlam Government in 1975 with the envisaged of inquiring into transport that arose due to the federal structure of the government. on the included Victorian shipping the Riverina; Bass ferries; and disruptions shipping to eastern in second incarnation, the Commission did not any power, but did have powers arbitration
, but the States declined to pasS the necessAry leGisLatIoN undEr thE referral power TO makE the Commission work.

The cOmmisSiON's esTAbLishmEnt occuRReD DUriNg ThE FoUrTH PArliaMenT of AustRalia, at whiCh tImE State practiCEs Concerning IntErstate rivalRy aNd discRiMinATion wEre BecomIng quiTE blataNt. Prime MiNiSTer AndREw FisheR PUsHed tHrough the appropriATe IMplementing legIslatiOn IN 1912.

FIRSt eStaBlishment (1912–1920)

IN 1913, tHe newLY electeD coOK GOveRNment appointeD Albert PiddINgtOn as ChIeF CoMMissioNer, joInINg GEorge SwinbuRne aNd Sir NichOlas LoCKyer.

In aDDition tO wide pOweRs oF invEStIgAtiOn, THe INTeR-StATe COmmissioN ACt 1912 GrantEd thE cOMMissIon JudiCial pOwer which was bRoaD in sCOpe:

the HiGh CouRt of auStralIa disaGreed In 1915, Ruling by 4–2 in the WhEat CAse that thE CoNsTitUtIon imPLicitlY crEatEd a sepaRation oF PowErS, AND tHerefore judicial poWeR CAn Only be veSted in THe JuDIciary. FuRtHerMore, IT Was heLd thAT CHapter ThRee of tHE COnStitutiOn Had the EfFecT thAt a coURt muSt have The folloWing fEAtures:

being vesTEd with judiciaL PoWER;
nOT beiNg vEsted with poWer oTHer tHan jUDiCiaL Power; And
itS mEMbERs having security of tEnUre, meaNing tHat members are Appointed fOR LIfe.

The CoMmisSIoN As it then existeD violAted all thrEE criteriA. HencE, as it was Not part of THE judiciaRy (iE, noT a "CHapTER THree Court"), it coULD not Be Vested wIth JudiciaL poWer. as a ResUlT, the s. 73 provIsion proViDiNg FoR apPeals ON questioNs Of lAw FroM the COMmissiOn to tHe HiGh coURt hAs been 'dEAd LETter LaW' fOr moSt oF tHe CouRt's hIStoRy.

HavinG lost its jUdiCIal pOwEr In 1915, the CoMmission "becamE a Body of inquIrY wiThout aNY Power of eNforcing its decisions." The cOmmissiOn, wIthouT any Real purpoSe, lApsed iN 1920 whEN the teRms of tHe iniTiAl COMMissiONErS exPiRed and new aPPOinTmentS wEre nOt made. ALthough there was disCUssIon in the 1930s abouT reViviNG ThE CoMMiSSioN (aND a bILL on that matter acTually receIvED SEnate passaGE in 1938), NoThing caMe about, And thE act itseLf was formAlly repeaLeD in 1950.

SECOnd EstablishmEnt (1975–1990)
The CoMmission wAS recoNStItuteD by The WhiTlAm GOvernMent in 1975 WIth The enVisageD rOle of iNquirInG into traNsport issues that arose duE to the FederAl sTructure oF thE ausTralian goVernMent. Issues On tHe aGenda IncLUded VIctoRIaN shIPping To thE riverina; BASs strAIT fErries; and diSRUPtiOns to freMAntle sHippIng to the eastern stATes in 1975. In this secOnd iNCArnAtiON, the coMmission did not HavE aNY Judicial PoWer, but did haVe powers Of ARbitrAtion aNd adjuDicatioN
, but the States declinedto pass th e nec ess ary  l egis lati on under the r e ferr al power to make the C ommis si o n wo r k. 

The  commis s io n ' s e st ab lis hm e nt  occu rre d durin g the Four thPa rliament ofA us tralia, at  wh ich time Sta tepracti ce s c o ncern ing  inte rstate rivalr y and dis cr i minati o n wereb e co ming  quite blatant. P r im e  Minister Andr ew Fis he r  p u s hed  th rough theap propr i ate imp l em e n t ing legislation i n 1912.

Fi r stestabl is hme n t (191 2–192 0) 
In  1913, thenewl y elected  Cookg overnme n t appoi nted A lbe rtPidd i ng to n a sC hie f  C omm i ssi oner, jo in in g Geo rgeS w i n burn e a nd S ir Ni cholas Lockye r.
Ina ddi tionto wi de p ow ers o f inve stiga ti on, the Inter-S tate  Commissi onAc t 1 91 2 gra n ted th e C omm issionjudicia l  po we r w hi ch was broad in sc op e : 
The High  Court of  A u straliadi sag reed i n 191 5, r u li ng by 4– 2 in t h eWh eat Cas ethat t he  Co nst ituti o n im plicit ly creat ed as eparation of p o wers, and the r ef o r ej udic ial  power canonly be v este d  i n t h e jud iciar y. Fu r thermore, it was he ld  thatChapt er Three of t he Constit u t i on had t he e f fe c t that a court  must  have thef ollowing  feat ures:

b eing vest e d  with ju dic ial  po wer ; no t being veste d with  p ower ot her  than j udi cia l p owe r;  and
itsmembersha vi ng  s ecu rityo f tenure ,mea ni ngthatm embers  areappo in te d  fo r life. 
T h e  Com mi ss ionasit  then  exi s ted  violat ed all th ree crit er ia . Hence , as it was n ot  part of t he  ju diciar y (ie, not  a "Chapter Three Court " ), it c oul d not  bevested wi thjudici alp ower.As a r esult ,the s . 73p r ov isi on  providing f orappea ls  onquestio ns of law from the Com mission to th e H ighC o ur t h a sb een  ' d ead l etter law' formost of th eC ou rt's histo r y.
H aving l ost its  judi c ial pow er in 191 5, the Co mm issi o n  "b ecame a bo dy of in quiry wit h out a n ypower  of  enfor ci ngits d ecisio n s."  TheCommis si on, wi thout  a ny realpurpose, lapsed in 1920  whenthe t erm s of theini t ial  Commissi oner s expiredand  ne w app oin t ments  wer e  n otm ade.Alth o ugh there wa s d i s cu ssion in th e 1 930 s abo utr evivin g th e Commission (and a bill on that  mat t e r a ctu a llyre ceived Senatepas sa g e  in 1938 ),  nothing ca me about ,a nd th e Actitself  was fo r m al l y repe aled  in  1950.

S eco nd establi sh me n t (197 5–19 90 )
TheCommis s ionw a s reconstitutedby th e Whitl a m G overn me nt in 1 9 75 w ith the en visaged rol e of i nqui ringinto tr an sportiss ue s that aro s e due tothe f ederalst ruct ure  of th e Au s t ralia n go ve rnm ent. Issu e s  o n  t he age ndainclu de d Vi ctorian s h ipping t o t h e River in a;B a ss Str a it f erries; an d d isrup t i ons to Fre m antl e  s h ippin g to t he eas tern st a tes  i n 1975.  In t his secon d incarna t ion ,theCommissi on  did  n otha ve any judicial  power,but didh a ve pow ers of a r bitrat io n and adjudi catio n
, but_the States_declined to pass the_necessary legislation_under_the referral_power_to make the_Commission work.

The commission's_establishment occurred during the_Fourth Parliament of_Australia,_at which time State practices concerning interstate rivalry and discrimination were becoming quite blatant._Prime_Minister Andrew_Fisher_pushed_through the appropriate implementing legislation_in 1912.

First establishment (1912–1920)

In 1913,_the newly_elected Cook government appointed Albert Piddington as Chief_Commissioner,_joining George Swinburne_and Sir Nicholas Lockyer.

In addition to wide powers of_investigation, the Inter-State Commission Act 1912_granted the Commission_judicial_power_which was broad in_scope:

The High Court of Australia disagreed_in 1915, ruling by 4–2 in_the Wheat Case that the Constitution implicitly_created a separation of powers, and_therefore judicial power can only_be vested_in the judiciary. Furthermore, it_was held that_Chapter Three_of the Constitution_had the effect that a court_must have the_following features:

being vested with judicial power;
not_being_vested with power_other_than_judicial power;_and
its members having_security_of tenure,_meaning_that members are appointed for life.

The_Commission_as it then existed violated all three_criteria. Hence, as it_was_not part of the_judiciary (ie, not a "Chapter_Three Court"), it could not be_vested with_judicial power._As a result, the s. 73 provision providing for appeals on_questions of law from the Commission_to the High Court_has been_'dead_letter law' for_most_of the_Court's history.

Having lost its judicial power in_1915, the_Commission "became a body of inquiry_without any power of_enforcing_its decisions." The Commission, without any_real purpose, lapsed in 1920 when_the terms of the initial_Commissioners_expired_and new appointments were not_made. Although there was discussion in_the 1930s about_reviving the Commission (and a bill on_that_matter actually received Senate passage in_1938),_nothing came about, and the Act_itself_was_formally repealed in 1950.

Second establishment_(1975–1990)
The Commission was reconstituted by the_Whitlam Government in 1975 with the envisaged role of_inquiring into transport_issues that arose due to_the_federal_structure of the Australian government. Issues on the agenda included_Victorian shipping_to the Riverina;_Bass Strait ferries; and disruptions to Fremantle shipping to the_eastern states in 1975. In this second_incarnation, the Commission did not have any judicial power, but did_have powers of arbitration and adjudication