Appropriation Act 1995-96 (ACT)

The Appropriation Act 1995-96 (ACT) was challenged on the basis that it failed to comply with section 81 of the Constitution, which requires appropriation bills to deal solely with the appropriation of revenue for the service of the financial year in question. The case reached the High Court of Australia, which was asked to determine whether the Act was an appropriation bill within the meaning of the Constitution and, if so, whether it complied with the requirements of section 81.

The High Court held that the Appropriation Act 1995-96 (ACT) was an appropriation bill and, as such, had to comply with the requirements of section 81 of the Constitution. The Court found that the Act did not comply with section 81 because it contained provisions that dealt with matters other than the appropriation of revenue for the service of the financial year. Specifically, the Court found that the Act contained provisions that dealt with the payment of salary increases, which were not related to the financial year in question. The Court held that these provisions were invalid and of no effect.

The High Court quashed the Appropriation Act 1995-96 (ACT) to the extent that it was inconsistent with the Constitution. The Court did not make any orders as to the consequences of the quashing, leaving it to the Legislative Assembly to decide how to proceed.