Glew & Anor v Shire of Greenough

[2006] WASCA 260

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Constitutional Law (Cth)
2. › Legislative power
3. › Concurrent powers
4. › Taxation
5. › Whether State power to impose rates on land precluded by Commonwealth taxation power
6. › Whether uniform taxation scheme renders State rates invalid under s 109
7. › Commonwealth Constitution, s 51(ii), s 109
1. Constitutional Law (Cth)
2. › Referendums
3. › Effect of failed referendum
4. › Whether failure of referendum prohibits State or Commonwealth legislation on same subject matter
5. › Commonwealth Constitution, s 128
1. Constitutional Law (WA)
2. › State legislative power
3. › Plenary power
4. › Peace, order and good government
5. › Whether State Parliament has power to establish local government
6. › Whether State Parliament has power to legislate with respect to freehold land
7. › Constitution Act 1889 (WA), s 2
1. Constitutional Law (WA)
2. › State Constitution
3. › Amendment
4. › Whether State Constitution may be amended by ordinary legislation
5. › Constitution Act 1889 (WA)

Quick Take

The case provides a clear, accessible summary of the relationship between Commonwealth and State legislative powers, the nature of State plenary power under 'peace, order and good government' provisions, the concurrent nature of the taxation power, and the effect of failed referendums. The failure of a referendum does not prohibit legislation on the same subject matter. State power to impose rates on land is not precluded by the Commonwealth's taxation power where the Commonwealth has not legislated to cover the field.