Tag Archives: barry o’farrell

Bankers’ Trojan Horse In Carbon Tax: Expert Confirms Breach Of Constitution

18 Apr

Your humble blogger recently sought legal advice from a prominent constitutional barrister, specifically concerning clauses 109A and 110 of the Clean Energy Act 2011.

Regular readers know that I have argued from before the release of the draft legislation in July 2011 ( Our Bankers’ Casino Royale – “Carbon Permits” Really Means “A Licence To Print” ), that the so-called “carbon tax” is in truth nothing more than a cleverly disguised, banker-designed and promoted derivatives scam ( Ticking Time Bomb Hidden In The Carbon Tax ).

Like the mortgage-backed derivatives that blew up the world financial system in the GFC, carbon-unit-backed derivatives are simply the next form of wholly unregulated, unmonitored, shadow banking artificial “money” creation that has had bankers licking their lips in anticipation from the moment the(ir) draft legislation was released:

14 July 2011, Business Spectator — Australian banks are eyeing opportunities to cash in on the proposed carbon tax by developing new financial products and services that capitalise on a market seen to be worth billions of dollars annually, according to a report by the Australian Financial Review.

Australian financial firms that have experience in European carbon markets, such as Macquarie Group Ltd, Westpac Banking Corp Ltd and ANZ Banking Group Ltd are particularly keen to establish their presence in the Australian market….

ANZ’s head of energy trading said the value of the derivatives carbon market would dwarf the $10 billion initially raised by the government, according to the AFR.

I have now been informed by the eminent barrister referred to above, that I am right.

If it is judicially accepted that the Clean Energy Act 2011 is a bill “imposing taxation”, then the two cleverly worded little clauses buried within 1,000+ pages of legislation that I have long identified as those that specifically allow the shadow banking industry to begin creating and trading (unlimited quantities of) carbon dioxide derivatives, are, in the barrister’s opinion, in breach of section 55 of the Constitution:

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT – SECT 55

Tax Bill

Laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect.

As we have seen previously, there are numerous other areas of the legislation whose constitutionality is highly questionable and thus contestable, under section 55 and other sections too.

Indeed, a number of constitutional experts such as Professor Greg Craven have publicly affirmed as much.

Unfortunately, I am advised that private citizens have no legal standing to mount a challenge against the legislation in the High Court.

[EDIT: For the reason that private citizens are not directly subject to the legislation. This perhaps answers the question many have asked, as to why the government still refuses to release a definitive list naming who exactly are the “biggest polluters”. If those who will have standing to challenge the legislation in the High Court do not have confirmed proof of this, it would appear that they could not prove legal standing in order to file an injunction to prevent the bankster scam starting up in the first place. Doubtless this key information will not be made known until after the government has sent out billions in “compensation” bribes to households in May, and parked $10 billion in the banksters’ Clean Energy Finance corporation in such a way that it cannot be retrieved.]

Those in the best position to mount a legal challenge, who do have standing before the High Court, are the State governments.

Sadly, as we have also seen, the Liberal-National Premiers of NSW and Queensland are even more vile, despicable liars than Julia Gillard.

Having campaigned heavily for our vote on the back of a solemn promise to “fight” the carbon tax if elected, Barry O’Farrell and Campbell Newman have now shown their true colours.

As two-faced standard bearers.

For the predatory, parasitic banking industry that they depend on to help finance their election campaigns, thanks to our rigged and decrepit system of governance that means political parties do not get their hands on the public cash in proportion to their share of the popular vote, until after the vote count has been determined at each election.

For a political leader to promise not to foist a predatory bankster scam on the public, and then do it, is an unforgivable crime against basic human decency and integrity, and, an unforgivable violation of public trust.

But to present yourself as a saviour, and plead for our vote with a promise to fight a predatory bankster scam, only to weasel out of actually doing anything to fight it once elected, is, in the firm opinion of this citizen blogger, a far worse crime.

Indeed, I would go so far as to say that on this issue, Julia Gillard is arguably one rung higher from the bottom of the rancid sewer that is politicians’ “integrity”, than Barry O’Farrell, Campbell Newman, and any other politician who has deceitfully gained political capital by falsely presenting themselves as an opponent of and a fighter against the banksters’ CO2 derivatives scam.

UPDATE:

Speaking of constitutional expert Greg Craven, here’s an excerpt from a column he has written for The Australian today –

“MEAN” is never a good word. There are mean dogs, mean great-aunts and mean parking inspectors. They all bite professionally, and enjoy their work.

Right now, there is a mean electorate out there. People have never liked politicians. But this is the first time that the popular mood has graduated from profound disdain to frank sadism.

Take X-rated state election results. Kristina Keneally was the bad premier of a bad government, but the last act of public vengeance rivalling her defeat was the destruction of Sodom and Gomorrah. Anna Bligh was the fairish premier of a decrepit government, but she copped worse.

Federally, in terms of a normal electoral cycle, the Gillard government should now be contemplating whether a third term will be merely tough or downright heroic. Instead, ministers stockpile cyanide pills along with press releases.

It is easy to dismiss all this as the result of poor leadership, bad policy and weak personal hygiene. But the reality is that Australian politicians everywhere are now faced with a terminally jaded electorate, less inclined to pass judgment than automatic sentence of death…

#^&%(^$! oath.

UPDATE:

By Abbott’s own words, Liberal Party premier of NSW Barry O’Farrell and Liberal party premier of QLD Campbell Newman stand condemned.

From the Brisbane Times:

When quizzed on his personal integrity, Mr Abbott said he had strived throughout his two decades in politics to be authentic, and that people should never allow things within their control to break their promises.

Challenging the CO2 derivatives scam in the High Court is well within the control of the State premiers.

Yet they have brazenly broken their pre-election promises to the electorate.

Despicable scum.

Advertisements

The Fix Is In – Premiers Bow To Bankers’ Carbon Derivatives Scam

16 Apr

You know those Liberal Party state opposition leaders, who promised to fight the carbon tax if only you would elect them premier?

As predicted here on this blog, they are all talk, no action, when it comes to actually fighting the bankers’ CO2 derivatives scam, despite plenty of expert legal advice that there are solid grounds to challenge the legislation in the High Court.

From the Age (emphasis added):

NSW drops carbon tax challenge

THE passage of the carbon tax has received a boost, with legal advice to NSW Premier Barry O’Farrell suggesting that a High Court challenge to block the tax would fail.

On Friday, Mr O’Farrell said NSW would consider joining a potential bid by Queensland to block the July 1 implementation of the carbon tax in the courts.

Note well: O’Farrell’s original, loud and oft-repeated pre-election promise was not conditional on having another State premier to hold his hand.

But The Sun-Herald understands Mr O’Farrell has already abandoned any thought of leading an assault on the Gillard government. Sources confirmed advice had come back that a legal challenge would be likely to fail in proving the carbon tax was unconstitutional.

So, advice that you are “likely” to fail is sufficient reason to not fulfill your pre-election promise, hey Bazza? Sounds like a convenient excuse from a twisting and turning liar to me.

Mr O’Farrell has made political mileage out of the carbon tax since it was announced. Last week, the NSW Energy Minister, Chris Hartcher, blamed the upcoming impost for the 16 per cent electricity price rises approved by the independent pricing regulator.

The reluctance of NSW to challenge the controversial tax is likely to slow momentum for a High Court bid. Victoria, like NSW, has said it would consider joining a Queensland bid.

The West Australian Premier, Colin Barnett, has stated publicly that his advice is that a bid would fail. The Queensland Premier, Campbell Newman, said he would not act without at least one other state with him in alliance.

The fix is in.

Unsurprising. And just what this blogger predicted.

Because when all the major political parties are beholden for the loans they need to run their election campaigns, to the banksters who are behind the global drive for a new, legal, yet wholly unregulated, unmonitored CO2 derivatives casino, you know in advance what the outcome will be.

Know thy real enemy.

Campbell Newman Does A Barry

28 Mar

Click to enlarge

NSW Election Campaign. February 24, 2011.

Barry O’Farrell:

“I don’t support a carbon tax, the Premier does,” Mr O’Farrell said.

“The premier’s advisers say carbon taxes will cost families another $500 a year on their power bills.

“I don’t think that’s affordable.

“If you’re talking about reducing the cost of living pressures you can’t support a carbon tax.

“I won’t and I’ll go to Canberra to argue that point if I’m elected premier.”

[Mr O’Farrell] called on voters to voice their anger when they vote, saying a new coalition government would “send a shiver up the spine of every federal ALP backbencher sitting in a marginal seat”.

“The coming poll is the only opportunity that families and small businesses have across NSW to try and stop this carbon tax dead,” Mr O’Farrell said on Friday.

QLD Election Campaign. February 24, 2012.

Campbell Newman:

The carbon tax is bad for Queensland. It’s bad for jobs. Frankly, if the carbon tax is introduced it will make it even harder for us to achieve our four per cent target. But that’s why I’m here today, to say that we will fight every single day, if we’re elected, as the Government of Queensland, to fight against this tax; that even if the tax is introduced, we will work with Tony Abbott and state premiers to fight the tax still.

We hope that Queenslanders will see the opportunity in this election campaign, but particularly on the 24th of March, to send a signal to Labor – who are so caught up in their own activities and their battles at the moment – send a signal to Canberra, to Labor that you don’t want the carbon tax and that’s why people have on the 24th of March an opportunity to actually send that signal to vote against a carbon tax.

Both Barry O’Farrell and Campbell Newman made clear promises during their election campaigns, to fight against the carbon tax.

Numerous constitutional experts have said that the carbon tax legislation can be challenged in the High Court, ideally by the States, under section 114 of the Constitution (amongst others).

Many NSW voters, including this blogger, have petitioned Barry O’Farrell to action this, and make good on his campaign promise. To the best of my knowledge, there has been no further response from Premier O’Farrell.

Nothing … zip … nada … has actually been done to “fight” the carbon tax, by any Liberal-National State Government (NSW, VIC, WA, and now QLD).

It appears that Premier O’Farrell is as untrustworthy as Julia Gillard.

Promise one thing before the election.

Do the opposite after the election.

Queensland’s new Premier Newman made an identical promise before the election.

Will he now “do a Barry” after the election?

* I urge Queenslanders to directly petition their local MP, and Premier Newman, informing them of Your Will that the new Queensland State Government should challenge the carbon tax in the High Court. You can use the sample petition below:

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 and other legal experts are 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,

[signed]

[insert your full name, address, and date, as legal evidence that you are a constituent.]

Details for contacting your State government Premier and local State MP’s below:

QLD

NSW

VIC

WA

SA

TAS

NT

Qlders To Cast Carbon Tax Verdict … LNP To Do F-All To Stop Carbon Tax

23 Mar

Media Release – The Nationals, 23 March 2012:

Dear Friends,

Queenslanders to cast carbon tax verdict

Today marks 100 days until Labor’s carbon tax drives up the price of everything, costs Australian jobs and makes us less competitive internationally – and all for no environmental gain.

Fittingly, Queenslanders will have their day of reckoning against a bad Labor government tomorrow, but also cast their judgment on the carbon tax and the deceitful government Julia Gillard leads.

This Queensland election, like last year’s NSW election, shapes as a referendum on the carbon tax. People power will be on display.

Last time in the Sunshine State there was a sense that Labor cheated its way into office. That is echoed federally with the Prime Minister’s broken carbon tax promise, ‘there will be no carbon tax under the government I lead’. Words that live in infamy and ring loudly in the ears of all Australians.

Without a record to stand on, Anna Bligh and Labor’s smear campaign against Campbell Newman has been unprecedented, ugly and Queenslanders don’t like it. It may have been headline-grabbing but, ultimately, I think it has backfired badly, especially in the last week or two.

When the Crime and Misconduct Commission confirmed Mr Newman had no case to answer and Anna Bligh could not produce a shred of evidence against him, she and Labor were exposed for the fraud they were peddling. That has repulsed people.

It was straight out of Labor’s old playbook. Muckraking and throwing anything and everything in the hope something would stick. It’s gutter politics and it doesn’t work. Dragging Mr Newman’s wife and family through that muck was morally wrong and a political mistake. People accept there is argy-bargy in politics, but this was obviously baseless and crude.

Campbell Newman is to be commended for not parachuting into a safe seat but really taking the fight up to Labor in its own backyard. Ashgrove was always going to be a tough ask, needing a 7.1% swing. That takes character and Queenslanders have responded to that.

As we’ve already seen in WA, Victoria, NSW and now Queensland the tide has turned, Labor is on the nose and Julia Gillard’s judgment day with the Australian people for Labor’s lies, waste and incompetence is coming.

I look forward to the day when the LNP and the federal Coalition are working together in government for the benefit of Queenslanders and all Australians.

King [sic … dear Lord, can noone spell or copycheck anymore?!] regards,

Warren Truss
Leader of The Nationals

Fine words.

But will the Queensland LNP do anything more than just talk it up on the bankers’ CO2 derivatives scam, once they hold power from tomorrow night?

Will they act to STOP the “carbon tax”, rather than just unconvincingly promise to “repeal” it?

Will they get off their fat, lazy, well padded, shiny-suited, taxpayer-financed arses and actually challenge the Orwellian-titled Clean Energy Future legislation in the High Court, under sections 55 and (especially) 114 of the Australian Constitution, as several expert constitutional lawyers have advised that they can?

Or … will they demonstrate themselves to be no better than their tough talking, big pre-election promising, non-delivering invertebrate counterpart in NSW, Premier Barry O’Farrell?

On past and present form, I am betting on the latter.

All talk. No action.

Queenslanders … keep the bastards honest.

Vote 1 Katter’s Australian Party (“The Australian Party” on your ballot)

No Excuses, Mr O’Farrell

5 Mar

Yesterday, your humble blogger received a public undertaking from Premier Barry O’Farrell, that he would consult the NSW State Attorney General with a view to a legal challenge by the NSW State Government to the Federal Government’s carbon tax.

Today, a gentle reminder for Mr O’Farrell of his pre-election commitment to the people of NSW.

Feb 24, 2011:

I’ll fight against carbon tax: O’Farrell

NSW opposition leader Barry O’Farrell says he will go to Canberra to argue against a carbon tax, if the coalition wins the state election.

He was speaking during a live leadership debate with Premier Kristina Keneally, who is in favour of setting a price on carbon.

Prime Minister Julia Gillard announced on Thursday that a carbon price will start in Australia on July 1, 2012.

“I don’t support a carbon tax, the Premier does,” Mr O’Farrell said.

“The premier’s advisers say carbon taxes will cost families another $500 a year on their power bills.

“I don’t think that’s affordable.

“If you’re talking about reducing the cost of living pressures you can’t support a carbon tax.

“I won’t and I’ll go to Canberra to argue that point if I’m elected premier.”

Mr O’Farrell, the High Court of Australia is in Canberra.

And your most powerful argument against the carbon tax, is the Australian Constitution, section 114 in particular:

States may not raise forces – Taxation of property of Commonwealth or State

A State shall not, without the consent of the Parliament of the Commonwealth, raise or maintain any naval or military force, or impose any tax on property of any kind belonging to the Commonwealth, nor shall the Commonwealth impose any tax on property of any kind belonging to a State.

In October 2011, constitutional barrister Bryan Pape publicly stated that State governments have legal standing to challenge the Commonwealth’s Clean Energy Future Bills 2011, given their impact on state-owned electricity generation and distribution assets.

But it is not just state-owned electricity assets that will be impacted by the carbon tax.

As we discovered in my in-depth research of the Federal Government’s NGER Register of “biggest polluters” ( The “500 Biggest Polluters” Exposed – Everything The Government Is Not Telling You ), the carbon tax will also impact on many other state-owned enterprises and utilies, including public hospitals and health care facilities, public transport, state rail networks, water utilities, state universities, state forests, and more.

Section 114 of the Constitution is clear. The Commonwealth cannot impose any tax on property of any kind belonging to a State.

Mr O’Farrell, you campaigned on a clear anti-carbon tax platform; pledged to take up the fight against the carbon tax in Canberra; and urged NSW voters to elect you as their representative to pursue that fight:

O’Farrell calls for NSW carbon tax revolt

NSW Opposition Leader Barry O’Farrell has joined the chorus calling for a people’s revolt against a carbon tax, saying the March state election is a chance for voters to send a message to Canberra.

During a visit to a shopping centre at Cranebrook, in Sydney’s west, Mr O’Farrell said the yet-to-be-determined price on carbon would raise annual energy bills by $500, and increase grocery and petrol prices.

He called on voters to voice their anger when they vote, saying a new coalition government would “send a shiver up the spine of every federal ALP backbencher sitting in a marginal seat”.

“The coming poll is the only opportunity that families and small businesses have across NSW to try and stop this carbon tax dead,” Mr O’Farrell said on Friday.

“To stop this tax needs every voice and every vote and the poll on the 26th of March gives people an opportunity to do that.”

Mr O’Farrell, your campaign promise worked:

ALP deserters ‘spooked’ by carbon tax

JULIA Gillard’s carbon tax may have saved two high-profile NSW ministers from a Greens’ assault in inner Sydney, but the move exacerbated the revolt against the 16-year-old Labor regime in its own heartland.

In western and southern Sydney, mining areas and long-established industrial towns, factory workers, two-car families and low-income households swung more heavily against Labor than the NSW average.

Echoing their federal leader Tony Abbott, incoming Coalition MPs in NSW argue that traditional Labor voters were spooked by the prospect of job losses, higher petrol prices and rising household power bills from a carbon tax.

Mr O’Farrell, you have made a promise.

You have a case to argue.

You have no excuses.

P.S. Please inform Mr O’Farrell and your local MP (or your own State Premier) that it is Your Will that the State Government should challenge the constitutionality of the carbon tax legislation in the High Court. Sample letter and contact details here.

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,

[signed]

[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:

NSW

VIC

QLD

WA

SA

TAS

NT

Thank you for making Your Will known to your elected representatives.

People power. Make it happen.

TODAY.

%d bloggers like this: