Consolidated Fund Appropriation (Supplementary Appropriation for 2009-2010) Act 2009 (TAS)

The Tasmanian Parliament passed the Consolidated Fund Appropriation (Supplementary Appropriation for 2009-2010) Act 2009 which provided for the appropriation of money out of the Consolidated Fund for the financial year ending on 30 June 2010. The Act was challenged on the basis that it did not comply with the Australian Constitution, specifically section 53 which requires that an appropriation bill shall deal with one subject only. The plaintiff argued that the Act was not confined to one subject because it contained multiple provisions regarding the appropriation of funds for different purposes. The case was heard in the Supreme Court of Tasmania, which had to determine whether the Act complied with the constitutional requirement of being confined to one subject.

The court considered whether the Act was confined to one subject as required by the Constitution. The court held that the Act was indeed confined to one subject, being the appropriation of money out of the Consolidated Fund for the specified financial year. The court reasoned that the multiple provisions within the Act were all related to the appropriation of funds and did not introduce any new subjects. The court found that the Act did not violate the constitutional requirement and was therefore valid.

The Supreme Court of Tasmania held that the Consolidated Fund Appropriation (Supplementary Appropriation for 2009-2010) Act 2009 was valid and complied with the constitutional requirement of being confined to one subject. The court dismissed the plaintiff's challenge to the Act, confirming its validity and constitutionality.

The court did not make any specific orders as the challenge to the Act was dismissed. The Act remains in force and continues to provide for the appropriation of funds as originally intended.