Constitutionalism, federalism and reform? Pape v Commissioner of Taxation & Anor: a conversation with Bryan Pape

Grant, Bligh and Dollery, Brian (2010) Constitutionalism, federalism and reform? Pape v Commissioner of Taxation & Anor: a conversation with Bryan Pape. Public Policy, 5 (1). pp. 53-63. ISSN 1833-2110

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Abstract

On 18 February 2009 the Tax Bonus for Working Australians Act (No 2) came into force, providing that the Commissioner of Taxation pay a tax bonus to eligible Australian citizens – amounting to $7.7 billion for 8.7 million taxpayers – as part of the Rudd Government’s three-pronged $42 billion Nation Building and Jobs Plan designed to ameliorate the impact of the 2008-09 global economic retraction. The validity of the Act was challenged by Bryan Pape, Senior Lecturer in Law in the University of New England. On 3 April 2009 a majority ruled that the Act was valid but in doing so said the Court’s reasons would be published at a later date. The majority was revealed to be a 4: 3 decision when the reasons were published on 7 July 2009. In this conversation with Bryan Pape, this paper explores the reasons of the judges and their implications. While the case can be read as demonstrative of the political division between conservative federalists and progressive centralists, we suggest that the case invokes revisiting of the nature of Australian federalism.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Published version deposited with blanket permission of publisher.
Depositing User: Mr Bligh Grant
Faculty / Department / School: Historic - Faculty of Business - School of Accounting, Economics and Finance
Date Deposited: 10 Nov 2010 06:36
Last Modified: 29 Sep 2011 00:31
Uncontrolled Keywords: Bryan Pape; Tax Bonus for Working Australians Act (No 2); global economic downturn; stimulus package; federalism
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
16 Studies in Human Society > 1606 Political Science > 160601 Australian Government and Politics
14 Economics > 1402 Applied Economics > 140215 Public Economics-Taxation and Revenue
Socio-Economic Objective (SEO2008): B Economic Development > 91 Economic Framework > 9101 Macroeconomics > 910110 Taxation
B Economic Development > 91 Economic Framework > 9101 Macroeconomics > 910105 Fiscal Policy
URI: http://eprints.usq.edu.au/id/eprint/8939

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