Pape v Commissioner of Taxation is an Australian court case concerning the constitutional validity of the Tax Bonus for Working Australians Act (No 2) 2009 (Cth) which seeks to give one-off payments of up to $900 to Australian taxpayers. The decision of the High Court of Australia was announced on 3 April 2009, with reasons to follow later. The Court concluded, by a 4–3 majority, that the Act was a valid law of the Commonwealth supported by a head of legislative power under the Constitution.
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| - Pape v Commissioner of Taxation (en)
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| - Pape v Commissioner of Taxation is an Australian court case concerning the constitutional validity of the Tax Bonus for Working Australians Act (No 2) 2009 (Cth) which seeks to give one-off payments of up to $900 to Australian taxpayers. The decision of the High Court of Australia was announced on 3 April 2009, with reasons to follow later. The Court concluded, by a 4–3 majority, that the Act was a valid law of the Commonwealth supported by a head of legislative power under the Constitution. (en)
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| - Pape v Commissioner of Taxation (en)
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| - High Court of Australia (en)
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| - Pape v The Commissioner of Taxation of the Commonwealth of Australia & The Commonwealth of Australia (en)
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judges
| - French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel and Bell JJ (en)
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| - Pape v Commissioner of Taxation is an Australian court case concerning the constitutional validity of the Tax Bonus for Working Australians Act (No 2) 2009 (Cth) which seeks to give one-off payments of up to $900 to Australian taxpayers. The decision of the High Court of Australia was announced on 3 April 2009, with reasons to follow later. The plaintiff in the case, Bryan Pape, was a law lecturer and barrister who represented himself before the Court. He challenged the legislation on the ground that the payments, said to be a tax bonus, were actually a gift and were not supported by the taxation power in the Constitution. The Commonwealth argued that the legislation was supported by all or any combination of the appropriations "power" under s 81 of the Constitution, the taxation power (s 51(ii)), the external affairs power (s 51(xxix)), the trade or commerce power (s 51(i)) and the implied nationhood power. The Court concluded, by a 4–3 majority, that the Act was a valid law of the Commonwealth supported by a head of legislative power under the Constitution. (en)
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| - * the plaintiff has standing
* the "Bonus Act" is a valid law of the Commonwealth
* there is a valid appropriation within the meaning of the Constitution
* per agreement of the parties, no order for costs (en)
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