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3.2 [ss 92, 81] Grants, Appropriation.doc

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Queensland University of Technology

Grants Power—s96 During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, the Parliament may grant financial assistance to any State on such terms and conditions as the Parliaments thinks fit. • May induce but not compel the states into the engagement—temptation is not compulsion (First Uniform Tax Case) Interpretation • Not limited by how the grant is to be spent: Victoria v Commonwealth (Federal Roads Case) (1926) (roads) o Even where Cth has no legislative power: A-G (Vic); Ex rel Black v Commonwealth (DOGS Case) (education) • Results modifying the behaviour of States—e.g. removal of taxation: Uniform Tax Cases (temptation is not compulsion) • Even if discriminatory: Moran (Duty on flour | wheat growers received financial assistance | Tasmania receiving special treatment due to lack of self-supply  valid) Limitations • Very broad power—can grant money “when it thinks proper”: WR Moran • Perhaps subject to limit of s116 (freedom of religion): Attorney-General (Vic); Ex rel Black v Commonwealth (DOGS Case) (1981) 146 CLR 559 (although aid to church schools does not involve ‘establishing any religion’—issue did not directly arise) • Potentially where the grant would “effect discrimination in regard to taxation”: Moran (although did not arise—very limited case) • Grants expressly using States to circumvent express constitutional prohibition (eg just terms for acquisition) → invalid: PJ Magennis Pty Ltd v Commonwealth and Ors (1949) (Cth expressly requiring NSW to acquire for less than just terms) o BUT can be done through an informal (eg executive) arrangement: Pye v Renshaw (similar facts but not expressly outlined in the act) • Allows the Cth to give— o General revenue grants o Special assistance grants o Specific purpose grants • Grants may not demand obedience—but may induce strongly: Second Uniform Tax Case o May not be coercive, but can impose conditions o Cannot
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