There are so many ways in which the CO2 derivatives scam (aka “Clean Energy Future” aka “carbon tax”) can be challenged as unconstitutional, it beggars belief that we have to wait for a good ol’ Aussie-made-good mining billionaire to step up and actually do it:
MINING billionaire Clive Palmer has escalated his campaign against the Gillard government, vowing to use his resources to mount a High Court challenge to the carbon tax.
Mr Palmer told the ABC’s 7.30 last night he had legal advice that the carbon tax, set to take effect on July 1, was unconstitutional.
Asked on what grounds it was unconstitutional, he said: ”The grounds are set out in legal advice and they’ll be coming out in the High Court. I can’t answer that question because I’m not a lawyer. I can only go on the advice that I’m given.”
The move comes weeks after Treasurer Wayne Swan accused Mr Palmer and other wealthy mining magnates Gina Rinehart and Andrew ”Twiggy” Forrest of wielding too much power and being a threat to democracy.
Last night, Mr Palmer hit back, saying: ”I’ve given away each year more than a hundred times the Treasurer’s salary to Australians who are needy. I wonder how much of his salary has he given away to Australians who need that wealth?
”In the spirit of love and reconciliation we can forgive the Treasurer, but the Australian people will never forgive the Labor Party for destroying the opportunities of our children, our future generations.”
He said the carbon legislation acknowledged the possibility of it being declared unconstitutional. ”When it says it’s found to be unconstitutional, the government will create charges through other acts, that’s in the legislation.
Mr Palmer is right.
That particular point is precisely what this blog has argued throughout 2011.
The CO2 derivatives scam legislation totals some 1,000 pages and 18 different bills. Much of this – especially the multiple bills – is purely a result of the Government banksters’ lawyers trying to deliberately circumvent sections 51 and 55 of the Constitution – see The Carbon Pricing Scheme Is Unconstitutional and More Proof The Carbon Tax Is Unconstitutional.
The State Governments can also challenge the CO2 derivatives scam as unconstitutional, under section 114. This blog has endeavoured to encourage NSW Premier Barry O’Farrell to do exactly that, without success to date … despite the recent direct assurance of Premier O’Farrell that he would have the state Attorney-General look into it – see Premiers’ Appeal – Carbon Tax High Court Challenge and No Excuses, Mr O’Farrell.
Premier O’Farrell’s lack of credibility – indeed, his hypocrisy and complicity – was amply demonstrated within hours of his giving that personal assurance, when he stood beside PM Gillard and gushingly accepted the siting of the Greens’ $10 billion Clean Energy Finance Corporation Carbon Bank / slush fund in Sydney … benefiting NSW by a whole 40 new jobs. At a cost to all NSW residents of billions, in higher costs for everything.
So as usual, we cannot rely on politicians from either “side” of politics … even when their primary election campaign pledge is to “fight the carbon tax”, and “I’ll go to Canberra to argue that point” if elected.
It takes deep pockets to challenge the power of the Federal Government.
Let us hope that “evil” Aussie-made-good local miner, Mr Palmer, is as good as his word.
Because one thing is certain.
Australian politicians of all stripes and colours are not.
UPDATE:
From a different news report, Mr Palmer is quoted as having said “I think the constitution of Australia is much more important than having a number of lawyers or parliament trying to slip around it.”
Indeed. And as readers of barnabyisright.com know from the abovementioned posts in 2011, “trying to slip around” the Constitution is exactly what the 18 bills of the Clean Energy Future package are designed to do. It is so obvious, it is disgraceful, and any so-called “judge” who failed to recognise the patently obvious attempt to circumvent the clear meaning and intent of the Constitution should be sacked … and disbarred.
UPDATE 2:
You can watch the interview with recently declared National Living Treasure (how apropos!) Clive Palmer here.
UPDATE 3:
With thanks to @wakeup2thelies
Barnaby Is Right 
I am glad to see CLIVE PALMER has the guts to fight the GOVERNMENT in the high court over the carbon tax and hope all the other people get behind him TONY ABBOTT was right about this GOVERNMENT it has lied to the people of this COUNTRY so CLIVE PALMER go man go and I hope you win .peter.
I have no more to say thank you .