Class Notes (811,179)
Australia (1,838)
Law (441)
JSB171 (400)
All (349)

3.2A s81 Detailed Notes.doc

4 Pages
Unlock Document

Queensland University of Technology

Section 81 Appropriations PowerAll revenues or moneys raised or received by the Executive Government of the Commonwealth shall form one Consolidated Revenue Fund to be appropriated for the purposes of the Commonwealth in the manner and subject to the charges and liabilities imposed by this Constitution83 Money to be appropriated by lawNo money shall be drawn from the Treasury of the Commonwealth except under appropriation made by lawNarrowWide view Cth power expandedOnly allowed appropriation under a head of powerallowed for anythingAttorneyGeneral Vic Ex rel Dale v Commonwealth Pharmaceutical Benefits Case 1945 71 CLR 237Scheme of free medicine funded by the Government placed restrictions on medical 1practitioners s22 imposed a penal sanctionNo majority view on definition of the purposes of the CommonwealthLatham CJ McTiernan J agreedWide view acceptedoappropriations are made or may be made by law otherwise than under the powers contained in s51xxxix of the Constitution 251Power to spend money incidental to other powerstherefore must bring within other power to appropriateothe words to be appropriated for the purposes of the Commonwealthshow positively that there may be other Commonwealth purposes than those in respect of which power to make laws is given elsewhere in the Constitution Otherwise the words have no legal effect whatever 253oThe Commonwealth Parliament has a general and not a limited power of appropriation of public moneys It is general in the sense that it is for the parliament to decide whether or not a particular purpose shall be adopted as a purpose of the Commonwealth 254oNot reviewable by the courts 256Power to expend money does not include power to legislate on that topic 256oPublic healthCth can authorise the expenditure of public money on inquireies investigations research and advocacy in relation to matters affecting public health But the Parliament could not pass a lawin relation to public health not a head of power Provisions invalid even under wide view because they tried to legislate outside power 263Dixon JRich J Leant toward narrower view1 Pharmaceutical Benefits Act 1944 Cth s22Andrew TrotterConstitutional Law20091
More Less

Related notes for JSB171

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.