House Standing Committee on Legal and Constitutional Affairs
Inquiry into the third
paragraph of section 53 of the
On 5 June 1995, the House Standing Committee on Legal and Constitutional Affairs tabled its report of the inquiry into the interpretation and
application of the provisions of the third paragraph of section 53 of the Constitution entitled The third paragraph of section 53 of the Constitution.
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This report is available in two parts to reduce download size.
If you have difficulty accessing the report, please contact the Committee Office.
This report is comprised of preliminary pages, 13 chapters and 8 appendices.
The third paragraph of section 53 of the Constitution
Part A: Preliminary pages up to Chapter 5 (PDF 5262KB)
Foreword, Contents, Membership of the Committee, Sections 53-55 of the Constitution, Terms of Reference, Summary and Recommendations,
Ch2: The policy and principles underlying section 53
Ch3: Historical perspective
Ch5: The Committee's approach
Part B: Chapter 6 to Appendix H (end) (PDF 9116KB)
Ch6: Appropriations and expenditure - Does the third paragraph apply to appropriation and expenditure bills?
Ch7: Expenditure under standing appropriations
Ch8: Taxation - Does the third paragraph apply to tax and tax-related burdens?
Ch9: Tax bills which are subject to the third paragraph of section 53
Ch10: Proposed charge or burden
Ch11: Determining whether an amendment will increase the 'proposed change or burden'
Ch12: Further issues
Appendix A: List of submissions
Appendix B: Public hearing witnesses/seminar participants
Appendix C: List of exhibits
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: Submission from the Hon Kim Beazley and Senator the Hon John Faulkner
Appendix H: Recommendations - Final report and exp. draft compared.
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