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.