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)
Queensland Premier Campbell Newman considers a High Court challenge.