Leask v Commonwealth
| Leask v Commonwealth | |
|---|---|
| JJ | |
| Case opinions | |
| (7:0) The Financial Transactions Reports Act 1988 (Cth) is a valid law under the currencies power (per Brennan CJ, Dawson, Toohey, Gaudron, McHugh, Gummow & Kirby JJ) |
Leask v Commonwealth (1996) 187 CLR 579 is a High Court of Australia case that discussed the role of proportionality in the Australian Constitution.
Background
The act under question was the Financial Transactions Reports Act 1988 (Cth), which imposed an obligation on 'cash dealers' to report all transactions above $10,000 to a
Decision
Incidentality
Once there is a sufficient connection between the Act and the head of power, proportionality is irrelevant for non-purposive powers. Whether or not there is a sufficient connection does not rely on the desirability of the legislation.
Proportionality
It was noted that the law was disproportionate to the currency and coins power (
- By reference to the rights, powers, liabilities, duties and privileges which it creates (Commonwealth v Tasmania)
- A judgment as to the connection of this characterisation to the head of power
Thus, the connection involves some kind of degree, but once it has been established, it does not matter whether the law is appropriate for its aims.
However, proportionality may be relevant, and a law not invalid, if an immunity conferred by a limitation of a power is affected incidentally by the achievement of a legitimate end.
See also
References
- Winterton, G. et al. Australian federal constitutional law: commentary and materials, 1999. LBC Information Services, Sydney.