On The First Paragraph of Section 55: A Response to PG Sharp

Marinac, Anthony S. (2006) On The First Paragraph of Section 55: A Response to PG Sharp. Federal Law Review, 34 (2). pp. 355-362.

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Abstract

P. G. Sharp's paper entitled 'The First Paragraph of Section 55' was a valuable and interesting contribution to analysis of the sections of the Constitution. He provided a historical background to the section and its interpretation, making the argument that following Permanent Trustee Australia Ltd v Commissioner of State Revenue (Victoria), there is no further need for legislative drafters to split taxation legislation into a 'Taxing Act' and an 'Assessment Act'. But the Permanent Trustee case has left Section 55 in a confused state and it appears that if the entire scheme is combined into one Act, the Senate cannot amend the machinery provisions.

Item ID: 78210
Item Type: Article (Research - C1)
ISSN: 1444-6928
Copyright Information: © 2006 The Australian National University.
Date Deposited: 18 Apr 2023 00:15
FoR Codes: 48 LAW AND LEGAL STUDIES > 4807 Public law > 480702 Constitutional law @ 100%
SEO Codes: 23 LAW, POLITICS AND COMMUNITY SERVICES > 2304 Justice and the law > 230499 Justice and the law not elsewhere classified @ 100%
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