#lunatic tax…going, going, go…

Constitutional problems with the Carbon Tax

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The IPA has commissioned Bryan Pape to express an opinion on the constitutionality of the carbon tax.

‘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.

‘The IPA commissioned a legal opinion because State governments have sat on their hands and let the Gillard government introduce a tax that they could potentially stop’.

Jennifer Hewett at the AFR has an excellent write-up.

About Tom Harley

Amateur ecologist and horticulturalist and CEO of Kimberley Environmental Horticulture Inc.
This entry was posted in Climate, comedy, Oz politics and tagged , , , , , , . Bookmark the permalink.

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