Premiers’ Appeal: Carbon Tax High Court Challenge

4 Mar

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:

Click to enlarge

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.

Yours faithfully,


[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.


3 Responses to “Premiers’ Appeal: Carbon Tax High Court Challenge”

  1. Andy March 4, 2012 at 10:41 pm #

    I really hope Boffa takes the commonwealth to court over the carbon tax and I also hope Barnett from WA takes the commonwealth to court over the mining tax.

    Good work mate.

  2. Kevin Moore March 4, 2012 at 11:20 pm #


    By their own definition the ALP is guilty of political terrorism.

    There is no internationally accepted definition of terrorism. Not even the United Nations
    has been able to achieve consensus on this contentious issue. The old adage that ‘one man’s freedom fighter is another man’s terrorist’ goes to the root of the ongoing debate. Individual states, therefore, have been compelled to develop their own definitions for the purposes of enacting legislation to counter the threat.

    In Australia, what constitutes an act of terrorism is defined in Commonwealth legislation. The Criminal Code Act 1995 states that a terrorist act means an action or threat of action where the action causes certain defined forms of harm or interference and the action is done or the threat is made with the intention of advancing a political, religious or ideological cause. Further, the Act states that ‘the action is done or the threat is made with the intention of:

    i. coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or part of a State, Territory or foreign country; or

    ii. intimidating the public or a section of the public;

    and where the action

    (a) causes serious harm that is physical harm to a person; or

    (b) causes serious damage to property; or

    (c) causes a person’s death; or

    (d) endangers a person’s life, other than the life of the person taking the action; or

    (e) creates a serious risk to the health or safety of the public or a section of the public; or

    (f) seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to: (i) an information system; or (ii) a telecommunications system; or (iii) a financial system; or (iv) a system used for the delivery of essential government services; or (v) a system used for, or by, an essential public utility; or (vi) a system used for, or by, a transport system.

    The Criminal Code makes it an offence if a person commits a terrorist act, provides or receives training connected with terrorist acts, possesses a thing connected with terrorist acts, collects or makes documents likely to facilitate terrorist acts, or does any act in preparation for or planning of terrorist acts. The penalty for engaging in a terrorist act is life imprisonment.

    The penalty for other terrorism-related offences outlined above ranges from ten years to life imprisonment.

  3. Malcom T March 7, 2012 at 8:32 pm #

    o’farrell today has just acknowledge carbon price will bring jobs and will fight abbott driect action plan which is a carbon tax on households

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