Constitutionalism, federalism and reform? Pape v Commissioner of Taxation and Anor -- A conversation with Bryan Pape

Grant, BJ; Dollery, B

Constitutionalism, federalism and reform? Pape v Commissioner of Taxation and Anor -- A conversation with Bryan Pape

Grant, BJ

Dollery, B

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Publisher:: Cambridge University Press
Publication Type:: Journal Article
Citation:: Public Policy, 2010, 5 (1), pp. 53 - 63
Issue Date:: 2010-01

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Field	Value	Language
dc.contributor.author	Grant, BJ https://orcid.org/0000-0002-8055-6046	en_US
dc.contributor.author	Dollery, B	en_US
dc.date.issued	2010-01	en_US
dc.identifier.citation	Public Policy, 2010, 5 (1), pp. 53 - 63	en_US
dc.identifier.issn	1833-2110	en_US
dc.identifier.uri	http://hdl.handle.net/10453/29830
dc.description.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.	en_US
dc.publisher	Cambridge University Press	en_US
dc.relation.ispartof	Public Policy	en_US
dc.title	Constitutionalism, federalism and reform? Pape v Commissioner of Taxation and Anor -- A conversation with Bryan Pape	en_US
dc.type	Journal Article
utslib.citation.volume	1	en_US
utslib.citation.volume	5	en_US
utslib.for	1605 Policy and Administration	en_US
utslib.for	1606 Political Science	en_US
utslib.for	1699 Other Studies in Human Society	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/DVC (Research)
pubs.organisational-group	/University of Technology Sydney/DVC (Research)/lnstitute for Public Policy and Governance
pubs.organisational-group	/University of Technology Sydney/Strength - IPPG - Institute for Public Policy and Governance
utslib.copyright.status	closed_access
pubs.consider-herdc	false	en_US
pubs.issue	1	en_US
pubs.volume	5	en_US

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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http://hdl.handle.net/10453/29830