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13 Cards in this Set

  • Front
  • Back
Air Caledonie v Commonwealth
The High Court ruled that for a fee to not be a tax, there must be an identifiable service rendered, and the fee must be directly related to the provision of the service.
Airservices Australia v Canadian Airlines
The High Court ruled that the reasons for which the fee was levied were in the public interest, and served to benefit the plaintiff.
R v Barger
The High Court ruled that intentional discrimination violated s51(ii).
Elliot v Commonwealth
The High Court ruled that incidental discrimination was constitutional.
Fairfax v Federal Commissioner of Taxation
The High Court ruled that the Parliament may use taxes to regulate certain activities that normally fall outside Commonwealth jurisdiction.
Dickenson's Arcade v Tasmania
The High Court ruled that states may impose consumption taxes.
Peterswald v Bartley
The High Court ruled that the licence was not an excise duty, as it did not relate to output.
Matthews v Chicory Marketing Board
The High Court ruled that the quotas were an excise duty, and thus unconstitutional.
Capital Duplicators v Australian Capital Territory (No 2)
The High Court ruled that an excise duty relates to the production or distribution of goods, rather than the sales.
AAP Case
The High Court ruled that funds raised by the Commonwealth but used by local councils was constitutional, as this use by the councils was considered a purpose as authorized by the Parliament. The 'purposes of the commonwealth' are whatever purposes the Parliament chooses.
Second Uniform Tax Case
The High Court ruled that the Commonwealth can grant states funds raised by the Commonwealth. The 'purposes of the commonwealth' are whatever purposes the Parliament chooses.
Combet v Commonwealth
The High Court ruled that there is no real requirement for how specific Parliament must be in expressing appropriations.
Pape v Commissioner of Taxation
The High Court ruled that there are no real restrictions on how appropriations may be spent, prolonging that they are authorized by the Parliament.