House of Representatives Committees

House Standing Committee on Legal and Constitutional Affairs

Inquiry into the third paragraph of section 53 of the Constitution

Exposure Draft

On March 1995 the Committee presented this exposure draft of its report on the interpretation and application of the provisions of the third paragraph of section 53 of the Constitution. Given the complexity and the number of issues raised, the Committee decided to table an exposure draft before presenting a final report on the reference.

The Committee viewed the exposure draft as a means of further consultation before finalising its views. Further consultation was expected to increase the possibility of both Houses negotiating an acceptable mechanism for resolving future disputes in this area. The views in the exposure draft do not necessarily represent the Committee's final views. However, the Committee was confident that its recommendations would form the basis of a workable agreement.

To view or print the report, you will need Adobe Acrobat® PDF Reader, which can be downloaded free of charge from Adobe

This report is available in two parts to reduce download size.
If you have difficulty accessing the report, please contact the Committee Office.

The final report of this inquiry is also available online.

This report is comprised of preliminary pages, 13 chapters and 8 appendices.

The third paragraph of section 53 of the Constitution - Exposure Draft

Part A: Preliminary pages up to page 100 (PDF 5966KB)
Foreword, Membership of the Committee, Section 53 of the Constitution, Terms of reference, Summary and recommendations,
Chapter 1 Introduction
Chapter 2 Historical perspective
Chapter 3 Justiciability
Chapter 4 The Committee's approach
Chapter 5 Taxation: Does the third paragraph apply to tax and tax-related burdens?
Chapter 6 Increases in the rate or incidence of taxation
Chapter 7 Appropriations and expenditure: Does the third paragraph apply to appropriation and expenditure bills?
Chapter 8 Proposed charge or burden

Part B: page 101 to end (PDF 6351KB)
Chapter 9 Expenditure under standing appropriations
Chapter 10 Determining whether an amendment will increase the 'proposed charge or burden'
Chapter 11 Further issues
Chapter 12 Overview
Chapter 13 Compact
Appendix A List of Submissions
Appendix B Public Hearings and Witnesses
Appendix C Comparative Table of Views
Appendix D 1950 Opinion by Sir Robert Garran
Appendix E 1950 Letter by Sir Kenneth Bailey to Sir Robert Garran
Appendix F 1990 Opinion by The Hon Michael Duffy MP
Appendix G Financial relations between the Houses in bicameral Parliaments
Appendix H List of Exhibits

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