Tasmanian Symphony Orchestra (Financial Assistance) Amendment Act 1999 (TAS)

The Tasmanian Symphony Orchestra (Financial Assistance) Amendment Act 1999 was the subject of a legal challenge brought by the Tasmanian Symphony Orchestra in the Supreme Court of Tasmania. The orchestra sought a declaration that the Act was invalid as it did not comply with the Tasmanian Constitution Act 1934. The central issue was whether the Act complied with section 78 of the Tasmanian Constitution Act 1934, which mandates that appropriations for the ordinary annual service of the Government must be passed by the House of Assembly. The court needed to determine if the financial assistance provided by the Act was an appropriation within the meaning of section 78.

The court examined the nature of the financial assistance provided by the Act. It found that the payments made under the Act were not for the ordinary annual service of the Government but were intended as support for the orchestra. As such, they did not fall under the definition of appropriation for the ordinary annual service of the Government as per section 78 of the Tasmanian Constitution Act 1934. Consequently, the court held that the Act was valid as it did not contravene the constitutional requirement. The Tasmanian Symphony Orchestra's challenge was dismissed, and the Act was deemed valid and compliant with the Tasmanian Constitution Act 1934.