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
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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