High Court of Australia
High Court of Australia Mason C.J. Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ. Australian Tape Manufacturers Assn Ltd v Commonwealth [1993] HCA 10
ORDER Answer the questions reserved for the consideration of the Court as follows: 1. Are Divs 3 and 4 of Pt VC and s. 153E of the Copyright Act 1968 (Cth) (the Act) invalid because:
(a) they do not constitute a law with respect to copyrights within the meaning of s. 51(xviii) of the Constitution of the Commonwealth of Australia;
(b)
(i) they constitute a law with respect to taxation within the meaning of s. 51(ii) of the Constitution and a law imposing taxation within the meaning of s. 55 of the Constitution; and
(ii) the Copyright Amendment Act 1989 (Cth) and/or the Act as amended by that Act deal or deals with the imposition of taxation as well as with other matters;
(c) they effect an acquisition of property from vendors of blank tapes:
(i) otherwise than on just terms; or
(ii) other than for any purpose in respect of which the Parliament has power to make laws
contrary to the provisions of s. 51(xxxi) of the Constitution; or
(d) they effect a fiscal exaction from vendors of blank tapes and do not constitute a tax within the meaning of s. 51(ii) of the Constitution or an acquisition of property within the meaning of s. 51(xxxi) of the Constitution?
Answers: (a) No. 1(b)(i) and (ii) Yes. 1(c) No. 1(d) No. 2. Are Divs 2 and 4 of Pt VC of the Act invalid because they effect an acquisition of property from copyright owners;
(i) otherwise than on just terms; or
(ii) other than for any purpose in respect of which the Parliament has power to make laws
contrary to the provisions of s. 51(xxxi) of the Constitution? Answer: No. Order that the defendant pay one-half of the plaintiffs' costs of the questions reserved.
Cur. adv. vult.
The following written judgments were delivered:—
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