CO2 Tax Australia – Carbon Tax In Trouble

Posted on Tue 04/10/2012 by

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By Andrew Bolt ~

If this report is right, Australia’s Julia Gillard led Labor Government will be laughed to death:

A prominent Australian legal expert says he believes the Gillard government’s carbon tax is unconstitutional and that the three largest states, New South Wales, Victoria, and Queensland stand a chance of successfully overturning the legislation in the event of a High Court challenge.

The University of New England academic and practicing barrister, Bryan Pape, has provided legal advice to conservative policy think tank, the Institute of Public Affairs, that says the carbon tax legislation — due to come into effect on July 1 — could be challenged on several grounds including that, ‘’the Commonwealth cannot tax State property: Legally carbon dioxide emissions are State property’’.

The advice goes on to say that, in Mr Pape’s legal opinion, ‘’the Commonwealth cannot impose a carbon tax and other related penalties within the same Act. The Commonwealth cannot introduce a carbon tax within its external affairs powers’’.

Australia’s Federal Labor Government would be in nightmare territory, fighting the courts to impose a tax that few people want.

Andrew Bolt is a journalist and columnist writing for The Herald Sun in Melbourne Victoria Australia.

Andrew Bolt’s columns appear in Melbourne’s Herald Sun, Sydney’s Daily Telegraph and Adelaide’s Advertiser. He runs the most-read political blog in Australia and hosts Channel 10’s The Bolt Report each Sunday at 10am. He is also heard from Monday to Friday at 8am on the breakfast show of radio station MTR 1377, and his book  Still Not Sorry remains very widely read.

Read more excellent articles from Andrew Bolt’s Blog . http://blogs.news.com.au/heraldsun/andrewbolt/