Section 81 Of The Constitution Of Australia
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Section 81 Of The Constitution Of Australia
Section 81 of the Constitution of Australia creates a " consolidated revenue fund", money collected by the Commonwealth through taxation and other levies. The way this money may be collected is regulated by Section 51 of the Constitution. Notable legal decisions decided by the High Court of Australia about section 81 include " the Pharmaceutical Benefits case" Text References External links Commonwealth of Australia Constitution Act - Sect 81from AustLII The Australasian Legal Information Institute (AustLII) is an institution operated jointly by the Faculties of Law of the University of Technology Sydney and the University of New South Wales. Its public policy purpose is to improve access to just ... Australian constitutional law {{Australia-law-stub ...
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Constitution Of Australia
The Constitution of Australia (or Australian Constitution) is a written constitution, constitutional document that is Constitution, supreme law in Australia. It establishes Australia as a Federation of Australia, federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts, the Government of Australia, executive, Parliament of Australia, legislature, and Judiciary of Australia, judiciary. The constitution was drafted between 1891 and 1898, through a series of Constitutional Convention (Australia), conventions conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a 1898–1900 Australian constitutional referendums, set of referendums from 1898 to 1900. The British government objected to some elements of the final draft, but a slightly modified form was enacted as section 9 of the ''Commonwealth of Australia Constitution Act 1900'', an Ac ...
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Consolidated Fund
In many states with political systems derived from the Westminster system, a consolidated fund or consolidated revenue fund is the main bank account of the government. General taxation is taxation paid into the consolidated fund (as opposed to hypothecated taxes earmarked for specific purposes), and general spending is paid out of the consolidated fund. The British Consolidated Fund Establishment The British Consolidated Fund was so named as it consolidated together a number of existing accounts, detailed below, and facilitated proper parliamentary oversight of the spending of the executive; it was defined as "one fund into which shall flow every stream of public revenue and from which shall come the supply of every service". The Treasury established this account, formerly known as The Account of His Majesty's Exchequer, at the Bank of England where it remains to this day, and the legal term "Consolidated Fund" refers to the amount of credit held in this particular account ...
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Commonwealth Of Australia
Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by area in Oceania and the world's sixth-largest country. Australia is the oldest, flattest, and driest inhabited continent, with the least fertile soils. It is a megadiverse country, and its size gives it a wide variety of landscapes and climates, with deserts in the centre, tropical rainforests in the north-east, and mountain ranges in the south-east. The ancestors of Aboriginal Australians began arriving from south east Asia approximately 65,000 years ago, during the last ice age.religious_traditions_in_the_world._Australia's_history_of_Australia.html" ;"title="The_Dreaming.html" ;"title="Aboriginal_Art.html" "title="he Story of Australia's People, Volume 1: The Rise and Fall of Ancient Australia, Penguin Books Australia Ltd., Vic., ...
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Taxation
A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal person, legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, or national), and tax compliance refers to policy actions and individual behaviour aimed at ensuring that taxpayers are paying the right amount of tax at the right time and securing the correct tax allowances and tax reliefs. The first known taxation took place in Ancient Egypt around 3000–2800 BC. A failure to pay in a timely manner (Tax noncompliance, non-compliance), along with evasion of or resistance to taxation, is punishable by law. Taxes consist of direct tax, direct or indirect taxes and may be paid in money or as its labor equivalent. Most countries have a tax system in place, in order to pay for public, common societal, or agreed national needs and for the functions of government. Some levy a flat tax, flat percentag ...
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Butterworths
LexisNexis is a part of the RELX corporation that sells data analytics products and various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper search, and consumer information. During the 1970s, LexisNexis began to make legal and journalistic documents more accessible electronically. , the company had the world's largest electronic database for legal and public-records–related information. History LexisNexis is owned by RELX (formerly known as Reed Elsevier). According to Trudi Bellardo Hahn and Charles P. Bourne, LexisNexis (originally founded as LEXIS) is historically significant because it was the first of the early information services to envision a future in which large populations of end users would directly interact with computer databases, rather than going through professional intermediaries like librarians. Available through IEEE Xplore. Other early information services in the 1970s met with ...
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Section 51 Of The Constitution Of Australia
Section 51 of the Constitution of Australia enumerates the legislative powers granted to Federal Parliament by the Australian States at Federation. The list contains 39 subsections, each referred to as a 'head of power' under which the parliament is empowered to make laws. The section is not an exhaustive list, as the federal parliament is authorized to enact legislation outside of those topics by certain other sections in the Constitution, such as sections 52 and 128. Australian States may still enact legislation upon the topics in section 51; but Federal law prevails to the extent of any conflict of laws. Powers of the Parliament Federation was intended to address problems caused by having the separate colonies on the one continent. Section 51 therefore encompasses a group of powers (known as heads of power) which reflect what powers the Commonwealth was viewed as needing to solve those problems. The most important heads of power in terms of supporting contemporary Common ...
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High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ...
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Attorney-General (Victoria); Ex Rel Dale V Commonwealth
''Attorney-General (Vic); Ex rel Dale v Commonwealth'',. commonly known as the "First Pharmaceutical Benefits case", was a High Court of Australia decision. The case dealt with limits of the powers of the Australian Federal Government under section 81 of the Constitution of Australia, Consolidated Revenue Fund. to take and spend money by legislation, in this case to fund reduced prices for prescription medicines. Background In 1944, the Labor Federal Government of Prime Minister Ben Chifley bill for the "Pharmaceutical Benefits Act 1944" received Royal Assent. The law was immediately challenged by the Attorney-General for Victoria on behalf of three Victorian medical doctors, Dale, McCallum and Watson, who were the president, vice-president and secretary of the Victorian Medical Association.The latin abbreviation "ex rel" in the title means "at the relation of" and indicates the Attorney General was bringing the proceedings on behalf of the doctors. Doctors opposed the sc ...
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AustLII
The Australasian Legal Information Institute (AustLII) is an institution operated jointly by the Faculties of Law of the University of Technology Sydney and the University of New South Wales. Its public policy purpose is to improve access to justice through access to legal information. Inception and aims AustLII was established in 1995. Founded as joint program of the University of Technology Sydney and the University of New South Wales law schools, its initial funding was provided by the Australian Research Council. Its public policy purpose is to improve access to justice through access to legal information. Content AustLII content is publicly available legal information. Its primary source information includes legislation, treaties and decisions of courts and tribunals. It also hosts secondary legal materials, including law reform and royal commission reports, as well as legal journals. The AustLII databases include the complete text of all of the decisions of the Hi ...
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