$10,000 limit unconstitutional

Originally posted by dolcevita ↑

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I assume you're talking about the proposed cash limit on transactions?

https://*********.com.au/australian-government-proposed-cash-transaction-limit-invasion-of-privacy/

I assure you that the government has in-house lawyers who check for unconstitutional provisions at the earliest and the drafting stage of any proposed legislation.
Possible breach of s.92 of the Constitution would be among the matters they would look at.

What you have to consider is that the cash limit doesn't restrict the transaction itself, only that it cannot be conducted in cash.

The transaction can proceed by various means including electronic transfer. In this way there will be a full record of the transaction.

The idea seems to be to clamp down in the black economy. So to argue this you'd have to argue that there would be an effect on legitimate interstate trade.

There might be an effect on illegal or illegitimate trade, such as the drug trade. But is that going to be within the matters intended to be protected by s.92? Or trade that is seeking to avoid taxation.

I'd suggest it is implied in the Constitution that only legitimate trade is intended by the term. So, I'd suggest the answer to the issue, is this is likely to go ahead.

I would be very interested if I'm wrong on this.

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dolce i cant see the likes of the local tradie who deals in $10000- $20000 deals going to the high court to challenge this possible un-constitutional legislation. in fact i cant see anyone doing this including those that could afford a challenge. they dont need to use such cash amounts

legitimate trade is asking someone to do a job for you and you will offer cash - cash, because you might get the job done cheaper or cash because you can get a better price for a car. There is nothing illegal in those transactions prima facie.

clamping down on the black economy is a side issue - modi used this when he banned high denomination notes forcing the whole population into opening bank accounts.

this is of the same colour - morrison et al are gradually forcing people to make their transactions thro banks with the intention of eliminating cash altogether. possibly an alternative may be the intent to use two currencies - one for the domestic market and one for trade. such as ive heard the road the us may take.

now the government is making me a criminal if i choose to use cash over $10000 to do a deal. maybe soon to be dropped to $2000

tolls are another issue - ive long held that road tolls are illegal under the constitution because of the example you used - interstate trade. also i believe all roads in australia are gazetted as being public

this is brave new world stuff