[Peakoil] Road charges Re: Peak Oil in Crikey

Alex Pollard alex-po at trevbus.org
Sat May 19 06:46:26 UTC 2012


http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/s92.html

"Trade within the Commonwealth to be free
                   On the imposition of uniform duties of customs, trade,
commerce, and intercourse among the States, whether by
means of internal carriage or ocean navigation, shall
be absolutely free."

The interpretation by courts is not straightforward.

Cheers,

Alex


>
> On 2012/05/18, at 14:06, Alex Pollard wrote:
>
>> Fares and fairness:
>> ...
>> That is a good question, but would it not be equally valid to ask why
>> the public purse pays for roads and makes them freely available to all,
>> a huge non-means-tested benefit to all who drive?
>
> Correct me if I'm wrong, but as I understand it, under the Australian
> Constitution all roads, existing in 1901 and in the future, are dedicated
> in fee simple, meaning that money cannot be charged directly for the use
> of a road. Perhaps a reaction against some then-unsatisfactory pricing
> arrangement in the Mother Country. This means that road tolls and parking
> meters are unconstitutional, being collected and used ultra vires.
>
> If this is the case, then to alter it it would require a change to the
> Constitution. We all know the probabilities of that succeeding.
>
> Walter
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