| ||||||||||||||||||||||
Do you approve of the proposed law for the alteration of the Constitution entitled — "Constitution Alteration (Finance) 1909" ? | ||||||||||||||||||||||
Results | ||||||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
The Constitution Alteration (Finance) Bill 1909, [1] was an unsuccessful Australian referendum which sought to alter the Australian Constitution to amend section 87 (the 'Braddon Clause') which was due to lapse in 1910. It was to add to the Constitution a financial agreement reached between the States and the Commonwealth to replace the section.
The referendum was held in the 1910 Australian referendum in conjunction with the State Debts referendum, which received a Yes vote in 5 states and was carried. The referendums were held on the same day as the 1910 federal election, which Alfred Deakin's Commonwealth Liberal Party lost to Andrew Fisher's Labour Party, with Fisher being sworn in as Prime Minister on 29 April.
Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Finance) 1909'?
The proposal was to alter the text of the Constitution to read as follows: [2]
87. During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, of the net revenue of the Commonwealth from duties of customs and of excise not more than one - fourth shall be applied annually by the Commonwealth towards its expenditure.
The balance shall, in accordance with. this Constitution, be paid to the several States, or applied towards the payment of interest on debts of the several States taken over by the Commonwealth.
87a. (1.) Notwithstanding anything in section eighty seven of this Constitution, the Commonwealth may in the year beginning on the first day of July, One thousand nine hundred and nine, out of the net revenue of the Commonwealth from duties of customs and of excise, apply towards its expenditure for the service of that year any sum not exceeding Six hundred thousand pounds over and above one-fourth Of the said net revenue.
- (2.) From and after the thirtieth day of June, One thousand nine hundred and ten, section eighty seven of this Constitution shall cease to have effect.
93. During the first five Years after the imposition of uniform duties of customs, and thereafter until the Parliament otherwise provides
- (i.) The duties of customs chargeable on goods imported into a State and afterwards passing into another State for consumption, and the duties of excise paid on goods produced or manufactured in a State and afterwards passing into another State for consumption, shall be taken to have been collected not in the former but in the latter State :
- (ii.) Subject to the last sub - section, the Commonwealth shall credit revenue, debit expenditure, and pay balances to the several States as prescribed for the period preceding the imposition of uniform duties of customs.
94. After five years from the imposition of uniform duties of customs, the Parliament may provide, on such basis as it deems fair, for the monthly payment to the several States of all surplus revenue of the Commonwealth.
94a. From and after the thirtieth day of June, One thousand nine hundred and ten, sections ninety three and ninety four of this Constitution shall cease to have effect.
94b. From and after the first day of July, One thousand nine hundred and ten, the Commonwealth shall pay to each State, by monthly instalments, or apply to the payment of interest on debts of the State taken over by the Commonwealth, an annual sum amounting to Twenty five shillings per head of the number of the people of the State as ascertained according to the laws of the Commonwealth.
94c. (1.) The Commonwealth shall, during the period of twenty five years beginning on the first day of July, One thousand nine hundred and ten, pay to the State of Western Australia, by monthly instalments, an annual sum which in the first year shall be two hundred and fifty thousand pounds, and in each subsequent year shall be progressively diminished by the sum of ten thousand. pounds.
- (2.) One half of the amount of the payments so made shall be debited to all the States (including the State of Western Australia) in proportion to the number of their people as ascertained according to the laws of the Commonwealth, and any sum so debited to a State may be deducted by the Commonwealth from any amounts payable to the State under the last preceding section or this section.
105. The Parliament may take over from the States their public debts as existing at the establishment of the Commonwealth, or a proportion thereof according to the respective numbers of their people as shown by the latest statistics of the Commonwealth, and may convert, renew, or consolidate such debts, or any part thereof; and the States shall indemnify the Commonwealth in respect of the debts taken over,
and thereafter the interest payable in respect of the debts shall be deducted and retained from the portions of the surplus revenue of the Commonwealth payable to the several States, or if such surplus is insufficient, or if there is no surplus, then the deficiency or the whole amount shall be paid by the several. States;The interest and charges 'payable by the Commonwealth, in respect of the debts of a State taken over, may be deducted and retained from any moneys payable to the State under this Constitution, and shall, to the extent to which they are not so deducted and retained,' be paid by the State to the Commonwealth.
The referendum was not approved by a majority of voters, and a majority of the voters was achieved in only three states. [3] [4]
State | Electoral roll | Ballots issued | For | Against | Informal | |||
---|---|---|---|---|---|---|---|---|
Vote | % | Vote | % | |||||
New South Wales | 834,662 | 512,802 | 227,650 | 47.35 | 253,107 | 52.65 | 31,411 | |
Victoria | 703,699 | 468,535 | 200,165 | 45.26 | 242,119 | 54.74 | 24,299 | |
Queensland | 279,031 | 170,634 | 87,130 | 54.58 | 72,516 | 45.42 | 9,489 | |
South Australia | 207,655 | 110,503 | 49,352 | 49.06 | 51,250 | 50.94 | 9,679 | |
Western Australia | 134,979 | 83,893 | 49,050 | 61.74 | 30,392 | 38.26 | 3,890 | |
Tasmania | 98,456 | 57,609 | 32,167 | 59.99 | 21,454 | 40.01 | 3,669 | |
Total for Commonwealth | 2,258,482 | 1,403,976 | 645,514 | 49.04 | 670,838 | 50.96 | 82,437 | |
Results | Obtained majority in three states and an overall minority of 25,324 votes.Not carried |
In many states with political systems derived from the Westminster system, a consolidated fund or consolidated revenue fund is the main bank account of the government. General taxation is taxation paid into the consolidated fund, and general spending is paid out of the consolidated fund.
Excise tax in the United States is an indirect tax on listed items. Excise taxes can be and are made by federal, state and local governments and are not uniform throughout the United States. Certain goods, such as gasoline, diesel fuel, alcohol, and tobacco products, are taxed by multiple governments simultaneously. Some excise taxes are collected from the producer or retailer and not paid directly by the consumer, and as such often remain "hidden" in the price of a product or service, rather than being listed separately.
The second question of the 1967 Australian referendum of 27 May 1967, called by the Holt Government, related to Indigenous Australians. Voters were asked whether to give the Federal Government the power to make special laws for Indigenous Australians in states, and whether in population counts for constitutional purposes to include all Indigenous Australians. The term "the Aboriginal Race" was used in the question.
The 1910 Australian referendum was held on 13 April 1910, in conjunction with the 1910 federal election. It contained two referendum questions.
The Constitution Alteration Bill 1928, was approved by referendum on 17 November 1928. The amendment to the Australian constitution concerned financial relations between the Commonwealth of Australia and the Australian states. It became law on 13 February 1929.
The referendum of 13 April 1910 approved an amendment to the Australian constitution. The referendum was for practical purposes a vote on the Constitution Alteration Bill 1909, which after being approved in the referendum received the Royal Assent on 6 August 1910.
The Constitution Alteration Bill 1977, was an unsuccessful proposal to alter the Australian Constitution to enable simultaneous elections for the House of Representatives and the Senate. It was put to voters for approval in a referendum held on 21 May 1977.
The constitutional basis of taxation in Australia is predominantly found in sections 51(ii), 90, 53, 55, and 96, of the Constitution of Australia. Their interpretation by the High Court of Australia has been integral to the functioning and evolution of federalism in Australia.
The Common Purse Agreement entitles the Isle of Man to a share in the United Kingdom's Customs and Excise revenues in return for being in customs union with the UK and not charging any import duties on goods from the UK, or that have been imported through the UK.
R v Barger is a 1908 High Court of Australia case where the majority held that the taxation power could not be used by the Australian Parliament to indirectly regulate the working conditions of workers. In this case, an excise tariff was imposed on manufacturers, with an exemption being available for those who paid "fair and reasonable" wages to their employees.
The Constitution of the State of Maine established the "State of Maine" in 1820 and is the fundamental governing document of the state. It consists of a Preamble and ten Articles (divisions), the first of which is a "Declaration of Rights".
Flint v. Stone Tracy Co., 220 U.S. 107 (1911), was a United States Supreme Court case in which a taxpayer challenged the validity of a federal income tax on corporations. The privilege of incorporation is a state function, and the challengers argued that only the states should tax corporations. The Court ruled that the privilege of operating in corporate form is valuable and justifies imposition of a federal income tax:
The Constitution of Australia is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts, the executive, legislature, and judiciary.
Section 3 of the Constitution of Australia deals with the salary of Governor General. The salary of Governor-General is paid from the Consolidated Revenue Fund and is regulated by the Constitution, which fixed the initial salary at £10,000, an amount that would not increase until 1974.
Tasmania v Commonwealth, is a landmark decision of the High Court of Australia in 1904. The case concerned a claim by Tasmanian for customs tariffs collected in Victoria during the period between Federation and the commencement of the Commonwealth Customs Tariff. Significantly, the High Court established that the Australian Constitution should interpreted consistently with the ordinary rules of statutory interpretation.
Chapter II of the Constitution of Australia establishes the executive branch of the Government of Australia. It provides for the exercise of executive power by the Governor-General advised by a Federal Executive Council.
Section 99 of the Constitution of Australia, is one of several important non-discrimination provisions that govern actions of the Commonwealth and the various States.
Section 90 of the Constitution of Australia prohibits the States from imposing customs duties and of excise. The section bars the States from imposing any tax that would be considered to be of a customs or excise nature. While customs duties are easy to determine, the status of excise, as summarised in Ha v New South Wales, is that it consists of "taxes on the production, manufacture, sale or distribution of goods, whether of foreign or domestic origin." This effectively means that States are unable to impose sales taxes.
The 1970 Virginia State Elections took place on Election Day, November 3, 1970, the same day as the U.S. Senate and U.S. House elections in the state. The only statewide elections on the ballot were four constitutional referendums to amend the Virginia State Constitution. All referendums were referred to the voters by the Virginia General Assembly.
Chapter IV of the Constitution of Australia pertains to trade, the appropriation of funds for the Commonwealth, state debts, and funds for the states given to them by the Commonwealth. Much of it no longer applies.