Section 101 of the Constitution of Australia provides that
"[t]here shall be an Inter-State Commission", which would have
such powers "as Parliament deems necessary" to administer and
adjudicate all maters relating to the Constitutional provisions
on interstate trade, and laws made under these provisions.
Section 103 provides that members of the Commission are to be
appointed by the Governor-General in Council, for seven years,
and whose remuneration must not be diminished during the seven-
year tenure. This dream was shattered soon after, in 1915, with
the Wheat Case. This case involved the interpretation of Section
92 of the Constitution. As that provision dealt with interstate
trade, it was first heard by the Inter-State Commission.
However, on appeal to the High Court, it was held (New South
Wales v Commonwealth (1915)) that the vesting of judicial power
in the Inter-State Commission was invalid. This was because the
Constitution implicitly created separation of powers. Thus,
judicial power can only be ves