House of Representatives Committees

House Standing Committee on Legal and Constitutional Affairs

Inquiry into the third paragraph of section 53 of the Constitution.

Report

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.

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.

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,

Ch1: Introduction

Ch2: The policy and principles underlying section 53

Ch3: Historical perspective

Ch4: Justiciability

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

Ch13: Outcomes

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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