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