Carbon tax may be unconstitutional

Promising news from the IPA who have done what Liberal state governments have not.

‘The carbon tax is unconstitutional according to a legal opinion from expert, Bryan Pape, commissioned by the Institute of Public Affairs and reported in the Australian Financial Review this morning’, said Tim Wilson, Climate Change Policy Director.

‘Mr Pape is one of Australia’s most respected administrative lawyers and led a 2009 case that nearly over-turned the Rudd government’s stimulus package in the High Court’.

‘The legal opinion concludes that the legislation can be challenged on a number of grounds, including:

1. The Commonwealth cannot tax State property. Legally carbon dioxide emissions are State property.

2. The Commonwealth cannot impose a carbon tax and other related penalties within the same Act.

3. The Commonwealth cannot introduce a carbon tax within its external affairs powers.

If the High Court knocked down another Gillard policy, Labor would have nowhere to go. Only an election could restore any faith the Australian people have in their government.

(Via Menzies House)

UPDATE:
Queensland Premier Campbell Newman considers a High Court challenge.

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About Climate Nonconformist

Hi, I'm the climatenonconformist (not my real name), and I am a global warming skeptic, among the few in generation Y. With Australia facing the prospect of a carbon tax, we need to be asking the simple question; where is the evidence that our emissions are causing any dangerous warming?
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3 Responses to Carbon tax may be unconstitutional

  1. Alice Bliss says:

    I am reassured to see that someone has taken up this legal challenge, as I believe that it has merit. Good work and good luck!

  2. klem says:

    I can’t wait for an election over this issue. Can’t wait.

  3. den says:

    I know this is generalising but i think everything since Whitlam has been unconstitutional

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