Tag Archives: bryan pape

Here Is Expert Legal Advice On Why The Carbon Tax Is Unconstitutional

13 Apr

Courtesy of the IPA, here is the Short Form of barrister Bryan Pape’s commissioned legal advice on a constitutional challenge to the Bankster-Green-Labor CO2 derivatives scam:

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Will a Liberal State government challenge the legislation in the High Court, thus making good on their pre-election promises?

Will National Living Treasure Clive Palmer make good on his threat to do so?

In the case of the former, there is no excuse for failing to challenge.

NONE.

So naturally, I suspect that they won’t.

Because as we have seen previously, Australia is a kleptocracy … ruled by banksters.

And it is banksters (and their economist cheerleaders) who want a new global casino in unlimited, unregulated, unmonitored, CO2 derivatives trading.

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Tax Expert Pushes For Carbon Tax High Court Challenge

10 Apr

From the Age:

Carbon tax is ‘unconstitutional’, says tax expert

A PROMINENT Australian legal expert says he believes the Gillard government’s carbon tax is unconstitutional and that the three largest states stand a chance of successfully overturning the legislation in the event of a High Court challenge.

The University of New England academic and practicing barrister, Bryan Pape, has provided legal advice to conservative policy think tank, the Institute of Public Affairs, that says the carbon tax legislation — due to come into effect on July 1 — could be challenged on several grounds including that, ”the Commonwealth cannot tax State property: Legally carbon dioxide emissions are State property”.

The advice goes on to say that, in Mr Pape’s legal opinion, ”the Commonwealth cannot impose a carbon tax and other related penalties within the same Act. The Commonwealth cannot introduce a carbon tax within its external affairs powers”.

Mr Pape — a specialist in taxation and administrative law — made headlines in 2009 when he mounted a High Court challenge over Labor’s $42 billion stimulus package, arguing that the $900 payments to individuals exceeded the federal government’s taxation powers.

“These greenhouse gases are property owned by the States and it is impermissible for the Commonwealth to impose any tax on any property of any kind belonging to a State,” Mr Pape said.

The full bench of the court ruled in favour of the Commonwealth by a margin of 4-3.

IPA Climate Change policy director, Tim Wilson, told the National Times today that the think tank had commissioned the advice in a bid to prod the states into action against the carbon tax, a piece of legislation the conservative body has long opposed.

”The IPA commissioned a legal opinion because state governments have sat on their hands and let the Gillard government introduce a tax that they could potentially stop,” he said.

Indeed they have sat on their hands. Premier Barry O’Farrell’s pre-election pledge, and subsequent failure to act, despite publicly affirming to this blogger that he would have the State A-G look into it, is the classic example.

”Only the High Court can decide the constitutionality of the carbon tax, but there are clear grounds to challenge it according to one of Australia’s top administrative law minds.”

Mr Wilson said the full text of the legal opinion would not be released ”pending a possible legal challenge.”

”A copy has being provided to the Premiers and Attorneys-General of the states with the best legal standing for a potential challenge – New South Wales, Queensland and Western Australia,” he said.

The legal advice will arrive on the desks of state premiers as they prepare to travel to Canberra this week for Friday’s Council of Australian Governments meeting, where, for the first time in 4½ years in office, Labor will be outnumbered at the negotiating table.

Long past time that others joined the fray to pressure State premiers such as Barry O’Farrell and Campbell Newman to make good on their pre-election promises.

As regular readers know, this blog has been arguing that the carbon tax CO2 derivatives scam is unconstitutional since mid-2011 when the draft legislation was released; reported on Bryan Pape’s expert legal advice on 18 October 2011; reported on constitutional expert Greg Craven’s advice on 21 March 2012, and has been petitioning Liberal State governments to challenge the legislation.

Please add your voice to that of this blog, and now, that of the IPA, by writing your State Premier to express Your Will that they honour their pre-election promises.

The promises that were key to putting them into power.

UPDATE:

Just as your humble blogger has argued, there are multiple grounds upon which the CO2 derivatives scam can be challenged (emphasis added) –

When it comes to the carbon tax, Mr Pape has a number of back-up arguments aside from his main contention that the Commonwealth can’t tax state property.

He also suggests the Commonwealth can’t impose a carbon tax and related penalties within the same piece of legislation nor use the external affairs powers of the constitution.

As I was saying.

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Campbell Newman Does A Barry

28 Mar

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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

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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.

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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:

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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.

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It Begins – High Court Challenge To Carbon Tax

18 Oct

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 (not yet passed into law) under section 114 of the Constitution.

Regular readers will know that your humble blogger recently launched Right On Our Side. It’s a movement focussing not on traditional protests and petitions, but on the law.  Our focus is on finding new and innovative ways for the voters to legally challenge and ultimately, change it.

Right here, right now is a window of opportunity for you, dear reader, to help us put an end to the Green-Labor carbon tax “law”.

There are two (2) simple actions that you can take today. Both involve properly expressing Your Will to the politicians who have a legal duty to serve you:

Once the election is over that is the end of ballot paper voting until the next election. However, under both Federal and State Constitutions and Statute laws you have certain implied legal duties and obligations.

The whole system of Parliament, and the SOLE reason for its existence, is to make laws for the people, with the clear Implication that those laws will reflect the WILL of the people on the subject matter of those laws.

It is only when you fulfil that lawful duty and obligation that your Member and Senators can properly fulfil their judicially defined function and duty in their houses of Parliament. If you do not fulfil your lawful duty and obligation, if you do not keep your Members and Senators fully informed of your will on any issue, then you cannot blame them for what they do. You have only your own laziness or indifference to blame.

Arthur A. Chresby, Research Analyst in Constitutional Law, and formerly Federal Member for Griffith (QLD) [1958-61] in the House of Representatives.

ACTION #1

Properly express Your Will to your state’s Senators in the Federal Parliament.

The Senate has not yet voted on the Clean Energy Future legislation. So there is still time to properly inform them of Your Will.

Here is a Sample letter that you can copy and send to each of your state’s Senators, expressing Your Will that they vote against the government’s Clean Energy Future (ie, carbon tax) bills in the Senate:

Dear [insert Senator’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.

IT IS MY WILL that you vote against the passage of each one of the Clean Energy Future 2011 (ie, carbon tax) bills.

Yours faithfully,

[signed]

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

Should the Senator try to side step, or tell you what their party is or is not doing, simply write back immediately and say:

Dear [insert Senator’s Name],

I repeat that, in accordance with my lawful obligation to keep you informed of MY WILL, I again inform you that it is MY WILL that you vote against the passage of each one of the Clean Energy Future 2011 (ie, carbon tax) bills.

Yours faithfully,

[signed]

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

You can find the contact details for your state’s Senators in the Federal Parliament here.

ACTION #2

Properly express Your Will to your state MP.

Here is a Sample letter that you can copy and send to your state MP, expressing Your Will that they take immediate action to have your 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.

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.]

Should the MP try to side step, or tell you what their party is or is not doing, simply write back immediately and say:

Dear [insert MP’s Name],

I repeat that, in accordance with my lawful obligation to keep you informed of MY WILL, I again inform you that 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.]

You can find the contact details for your state’s MPs below –

NSW

VIC

QLD

WA

SA

TAS

NT

When you are done with that, why don’t you come over to Right On Our Side?

It’s a movement.

You should join it.

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