Australian Constitution

2012

Williams v Commonwealth

High Court of Australia(2012) 248 CLR 156

Key Principle

Held that the Commonwealth executive power does not extend to entering into contracts and spending money on any subject; Commonwealth funding of the National School Chaplaincy Programme required legislative authorisation under a head of power

The High Court held that the Commonwealth's executive power under s 61 did not authorise the funding agreement for the National School Chaplaincy Programme without specific legislative support under a head of Commonwealth legislative power. The decision rejected the proposition that the Commonwealth executive could spend money on any subject it chose, requiring that spending programmes be authorised by legislation traceable to a constitutional head of power.

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