ordinary annual services of the government.
CONSQUENCES: VFI (Ha v NSW); Uniform Tax Scheme.
PRINCIPLES: No taxation without representation, Appropriation
Freedom of interstate trade, commerce and
intercourse
Jurisdiction
Usually a state law (political re
law cannot single out the crown for discriminatory treatment (Re Residential Tenancies
Tribunal)
A State law cannot impair the capacity of the Commonwealth to perform its
constitutional functions (Re Residential Tenancies Tribunal)
State law cannot overr
Limitation of Property Use:
o bBundle of rights the right to own, use, control, dispose of property
o Is a party entitled to compensation of one of their rights are taken away?
generally, the regulation/limitation of property use will not amount to
acqu
Characterisation
When evaluating legislation, ask:
o Does the Cth law match up with a s.51 power or another power within the
Constitution?
o What is the subject matter of the law? Does it fall within one or more
enumerated heads of power? (Characterisatio
At that time, it might have been possible depended really on what the Australian
courts would do as reaction would they recognise such repeal
That is most unlikely
Politically it may not be possible.
It is a question of fact. Ultimate Basic norm may h
The power to impose tax is controlled by:
Procedural Limits:
o s.53 taxation laws imposing taxation must originate in the HoR
Because the government is responsible for fiscal policy and
government is formed in the HOR
o s.53 the Senate cannot amend taxa
o
Charges incurred were reasonably related to services rendered and were not
implemented on a revenue-raising basis.
o Hence NOT a tax.
This contrasts to an earlier decision handed down in:
Hermatite Petroleum v Victoria (1983) 151 CLR 599
o Fee charged f
Separation of Legislative & Executive Powers
o Weak separation the executive usually controls the HoR, parliament can
delegate wide legislative power to the executive, the GG can
summon/prorogue (suspend)/dissolve parliament
o Victorian Stevedoring Co and
Two kinds of Federal conflict
Inter-governmental (immunities)
o Federal Laws and the State Governments
o State laws and the federal government
Inter-legislative (inconsistencies)
o State laws and federal laws
The relevant provisions:
Constitution, ss51,
Several specific acquisition powers and a general power
Specific acquisition powers are:
o Acquisition with the consent of a State, of any railways of the State on agreed terms
(s51xxxiii)
o Acquisition of State property connected with public service dep
External Affairs
Constitutonal Provisions
Federal Constitution
S51(vi)Defence
S51(xxix)Externalaffairs
S61executivepoweroftheCth
AlternativeWording
External affairs and treaties (1891 Bill)
o Cth v Tasmania (1982) at 298-300, Dawson J
External affairs and
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