#lunatic tax…going, going, go…

Constitutional problems with the Carbon Tax


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. (Tom Harley)
This entry was posted in Climate, comedy, Oz politics and tagged , , , , , , . Bookmark the permalink.

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