Today, NSW Premier Barry O’Farrell gave an undertaking to ask the NSW State Attorney General (Mr Greg Smith, MP) regarding a possible legal challenge to the Federal Government’s carbon tax:
Regular readers will recall that constitutional barrister Bryan Pape suggested last year that State Governments have legal standing to challenge the Commonwealth’s carbon tax:
18 October 2011: Yesterday on radio 2GB, constitutional barrister Bryan Pape indicated that as the carbon tax will affect State-owned property – the electricity generators – there are grounds for the State governments to challenge the Commonwealth’s legislation … under section 114 of the Constitution.
Please add your voice by informing Premier O’Farrell that it is Your Will that the NSW government challenge the Clean Energy Future legislation.
Here is a Sample letter that you are welcome to copy and send to Mr O’Farrell … and to your local NSW state government MP … expressing Your Will that they take immediate action to have the NSW State government challenge the Commonwealth’s Clean Energy Future (ie, carbon tax) bills in the High Court:
Dear [insert State MP's Name],
I know that it is my duty to keep you informed of MY WILL on anything that comes before Parliament, or that should come before Parliament.
My communication to you concerns the [insert State name] State Government budget, and possible impacts on the budget arising from the Commonwealth’s Clean Energy Future legislation.
Constitutional barrister Bryan Pape is on public record indicating that the [insert State name] State government has grounds to challenge the Commonwealth government’s Clean Energy Future legislation, under section 114 of the Australian Constitution.
IT IS MY WILL that you take immediate action to cause the [insert State name] State government to challenge the constitutionality of the Commonwealth’s Clean Energy Future 2011 (ie, carbon tax) bills in the High Court.
[insert your full name, address, and date, as legal evidence that you are a constituent.]
Premier O’Farrell’s contact details can be found here.
If you are not in NSW, and your State government owns electricity generation and/or distribution assets, then your State government too should have grounds to challenge the Clean Energy Future legislation.
Details for contacting your State government Premier and local State MP’s below:
Thank you for making Your Will known to your elected representatives.
People power. Make it happen.