Remember the “Malaysian Solution”?
Millions of Australians hated it. And rightly so.
And yet, the government pressed ahead anyway.
What stopped them?
No, not protests.
Not “people power”.
The Malaysian Solution was felled in the Courts.
And I suggest to you, dear reader, that it is the only way to fell the government’s carbon tax legislation too.
Regular readers will know that I wrote a blog nearly two months ago detailing the illegality of the government’s draft legislation – The Carbon Pricing Scheme Is Unconstitutional.
And the final legislation is essentially the same. Indeed, it includes additional key phrases effectively conceding the unconstitutionality of the legislation, and the government’s deliberate structuring of multiple bills in order to
defeat circumvent the clear statement and intent of the Constitution.
So, I believe that it can be stopped in the Courts.
Although the government is presently railroading the legislation through Parliament, they have doffed their cap to the idea of “democracy” by appointing a Joint Select Committee to receive submissions on the legislation. Closing this Thursday … get the feeling they’re in a rush?
Below is a draft submission to the JSC that I have written. Your comments, suggestions, constructive criticisms are invited:
Joint Select Committee on Australia’s Clean Energy Future Legislation
CANBERRA ACT 2600
21 September 2011
REFERENCE: Clean Energy Bill 2011, Clean Energy Unit Issue Charges Bills 2011, Clean Energy (Household Assistance Amendments) Bill 2011, and the Australian Constitution s.51(ii) and s.55
We the undersigned would draw the Joint Select Committee’s attention to the above mentioned Bills, insofar as they appear to represent breaches of the Australian Constitution s.51(ii) and s.55.
Should the government press forward with passage of the above mentioned legislation in the Parliament, we the undersigned advise that injunctions will be sought preventing the issue and/or the auction of carbon Units, and also preventing the issue of Clean Energy payments (Household Assistance), until such time as the constitutionality of key points of the legislation can be tested before the Courts.
Thoughtful readers will see the strategic rationale behind this submission.
The government has included “poison pills” in their legislation in order to make it difficult to repeal.
As one example, by clearly stating that carbon Units are the “personal property” of the holder/purchaser, the government aims to confer a property right. One that may require compensation in order to remove.
Seeking a High Court injunction/s to prevent the issuing/auctioning of carbon permits (Units), and also preventing the issue of household assistance (compensation), will serve to neutralise the “poison pills” that the government has included in their legislation until such time as the constitutionality of the legislation can be tested in Court.
(UPDATE: And may serve to delay the carbon tax until after a new election is called, or triggered in May 2012 by Andrew Wilkie?)
If you wish to support this submission, please so advise and give your full name and location in Comments below. I will add your details to the submission here.
If you are a lawyer/barrister and wish to assist with bringing a motion for an injunction/s, please so advise and provide contact details below.