Tag Archives: malaysia solution

Sign The Petition – Carbon Tax High Court Challenge

19 Sep

* The following submission to the Parliament’s Joint Select Committee will be forwarded on Wed 21st Thur 22nd September 2011. Please co-sign in Comments below.

UPDATE: Thank you to all … comments now closed.

The Secretary
Joint Select Committee on Australia’s Clean Energy Future Legislation
Parliament House
CANBERRA ACT 2600
Australia

22 September 2011

Dear Sir,

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 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 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.

Sincerely,

Colin McKay
Concerned citizen
Registered voter
Electorate of Charlton
PO Box 6018
MOUNT HUTTON NSW 2290
Australia

Michele Kells
Bunbury, WA 6230

Lyndsay Farlow
Port Macquarie, NSW 2444

Jo-Ann Hildebrand
Perth, WA 6000

Meredith Thiessen
Dodges Ferry, TAS 7173

Sean Morrison
Greenacres, SA 5086

Hannah Jorgensen
Biddaddaba, QLD 4275

Colin Ely
Blackburn, VIC 3130

Laurence Wynen
Coffs Harbour, NSW 2450

Chris Foster
Adelaide, SA 5000

Justin Downie
Cooma, NSW 2630

Philip Hingston
Eastwood, NSW 2122

Veronica Sidhu
Camberwell, VIC 3124

Tracey Watts
Brisbane, QLD 4000

David Tan
Rowville, VIC 3178

Patricia Lightfoot
Armidale, NSW 2350

Shirley Cocks
Murray Bridge, SA 5253

Richard Eichhorn
West End, QLD 4101

Mike J Warr
Kirribilli, NSW 2061

Geoff Brown
Ourimbah, NSW 2258

Ben Williamson
Baulkham Hills, NSW 2153

Phil Schultz
Glenwood, NSW 2768

Sonja Schultz
Glenwood, NSW 2768

Phillip Cummings
Neutral Bay, NSW 2089

Neil Wilson
Epping, NSW 2121

Don Anderson
Sydney, NSW 2000

Vince Schultz
Maclean, NSW 2463

JR Edward
Glen Waverley, VIC 3150

Brian Haselum
Maclean, NSW 2463

Anthony Grizaard
Perth, WA 6000

Chris Kauffmann
Sunshine Coast, QLD 4518

Cliff Rogers
Brisbane, QLD 4000

Michael Petterson
Braunstone, NSW 2460

Philip Pitts
Melbourne, Victoria 3004

Philip Slade
Broome, WA 6726

Ess Grubb
Bribie Island, QLD 4507

Thomas Harnell
Fernvale, Qld 4306

Ian Darley
Davidson, NSW 2085

Pamela Davis
Gulgong, NSW 2852

Peter Heuscher
Cooroibah, QLD 4565

Clive Shepherd
Morayfield, QLD 4506

Betty Whiffin
North Turramurra, NSW 2074

Lorraine Tebbutt
Romsey, VIC 3434

Kerry Southerden
Welby, NSW 2575

Adam Davidson
Melbourne, VIC 3004

David Whately
McDowall, QLD 4053

Brian Newell
Bribie Island, QLD 4507

Russell Scott
Collaroy Plateau NSW 2097

Bob Jackson
Waterloo, NSW 2017

Ron Kleinschafer
Northern NSW
New England Electorate

David Cooke
Warradale, SA 5046

Andrew Johnson
Liverpool, NSW 2170

Lesley Brown
Blackett Mt Druitt, NSW 2770

Adrian Day
Blackett Mt Druitt, NSW 2770

Damien Jarman
Templestowe Lower, VIC 3107

Carol Edge.
Hervey Bay, QLD 4655

Robert Peterswald
Hobart, TAS 7000

Scott Hastings,
Tregear, NSW 2770

Anton Hardy
Brisbane, QLD 4000

Bill McAuliffe
Hocking, WA 6065

Stephen Harper
Mt Lawley, WA 6050

Ray Soper
Cammeray, NSW 2062

James Doogue
Leeming, WA 6149

Desmond Cooke
Bonnells Bay, NSW 2264

Val Majkus
Toowoomba, QLD 4350

G.C. Cross
Ulladulla, NSW 2539

Maree Baker
Sydney, NSW 2000

Beryl Raddatz
Brisbane, QLD 4505

Peter Howell
Wantirna, Vic 3150

Milton Collins
Modbury Heights, SA 5092

Tony Mack
Sherwood, Qld 4075

David Cliffe
Bracken Ridge, QLD 4017

Wayne Job
Kilmore, VIC 3764

Mark McGuire
Coolangatta, QLD 4225

Robert Massey
Morayfield, QLD 4506

Thomas Bourke
Cameron Park, NSW 2285

Majella Smith
Nowra, NSW 2541

David Wood
Minyama, QLD 4575

Max Larter
Galong, NSW 2585

Glen Bullen
Broadview, SA 5083

John Warby
Chatswood, NSW 2067

Allan Hinchcliffe
Kempsey, NSW 2440

Greg McGuire
Brisbane QLD 4000

Lisa A Mack
Sherwood, QLD 4075

Liz Penprase
Alexandria, NSW 2015

Margaret Turk
Indooroopilly, QLD 4068

Doug McIntyre
Crookwell, NSW 2583

Stephanie Martin
Beachmere, Qld 4510

Russell Chapman
Mitchelton, QLD 4053

Norma Penny
Wulguru, QLD 4814

Simon Ludborzs
Hewett, SA 5118

Robert J Malloy
Wallsend, NSW 2287

Gordon Hastings
Millswood, SA 5034

Grant Smith
Marangaroo, WA 6064

Steve Herczeg
Duffy, ACT 2611

Matt McLeod
Albion, VIC 3020

John Holliday
Tallai, Qld 4213

Thomas Reid
Brisbane, Qld 4172

Margaret Crooks
Tranmere SA 5073

Kevin Muir
Linley Point 2066

Mark Harries
Kulnura, NSW 2250

Clive Shepherd
Morayfield, QLD 4506

Fiona Meredith
Cygnet, TAS 7112

Nic Meredith
Cygnet, TAS 7112

Tony Fendt
Grange, QLD 4051

Phil West
Tamborine, QLD 4270

Bernd Felsche
Calista, WA 6167

Brett McSweeney
Charlestown, NSW 2290

Paul van der Zel
Castle Hill, NSW 2154

Phil Hopkins
Peregian Beach, QLD 4573

Andrew Young
Creswick, VIC 3363

Michelle Schultz
Glenwood, NSW 2768

Kareem Ah
Brighton VIC 3185

Jim Simpson
Five Dock, NSW 2046

Ian Coleman
Mitcham, VIC 3132

Robert Browne
Aberfoyle Park, SA 5159

Paul Gregory Morrison
Riverview, QLD 4304

Linda Slater
Bayswater, WA 6053

Phillip Bross
Kogarah, NSW 2217

Sharon Brown
Blackett, NSW 2770

John Trigge
Mt Barker, SA 5251

Marek Kiera
Newtown, NSW 2042

Ben Hern
Morphett Vale, SA 5162

Robert Mustac
Alfords Point, NSW 2234

Greg Buchanan
Niagara Park, NSW 2250

Robyn Williams
Burleigh, QLD 4220

M.S. Eggleston
Newcastle, NSW 2300

Jason Rennie
Baulkham Hills, NSW 2153

Merryn Yeo
Melbourne, VIC 3000

P. Rowlinson
Roseville, NSW 2069

Carolyn Lane
Gosford, NSW 2250

Jeff Radcliffe
Speewah, QLD 4881

D. Hill
Newcastle, NSW 2300

*****************

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This Is How We Will Stop The Carbon Tax

19 Sep

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:

The Secretary
Joint Select Committee on Australia’s Clean Energy Future Legislation
Parliament House
CANBERRA ACT 2600
Australia

21 September 2011

Dear Sir,

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.

Sincerely,

*********
[Name]
[Address]

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.

Many thanks.

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Barnaby: A Year Of Green-Labor Calamities

1 Sep

Media Release – Senator Barnaby Joyce, 1 September 2011:

Today marks one year since the Labor party and the Greens exchanged vows and joined together in coalition.

It is clear that one year on, this marriage has been a disaster for Australia. Minority government is not serving Australia well.

We have a government that is drifting and not sure of what direction it is taking Australia. The High Court’s 6-1 rejection of the government’s “Malaysian solution” is in effect of vote of no confidence in this government’s competence.

The government’s refusal to take to the electorate its radical Green agenda shows a lack of respect for the Australian people. A government that doesn’t respect the people can’t expect the people to respect the government.

We all remember the photos. Julia Gillard and Bob Brown wearing corsages in their lapels and signing what looked a lot like a marriage registry, Wayne Swan and Christine Milne looking on as approving members of the bridal party.

The government’s record since then is a rolling series of calamities:

· In October, they announced a Murray-Darling Basin plan that would have destroyed production in Australia’s food bowl.

· In February, the government announced a carbon tax despite the Prime Minister promising five days before the last election that “there will be no carbon tax under a government I lead”.

· In June, the government decided overnight to outlaw our $320 million live cattle trade to Indonesia, a decision that is still causing devastation throughout northern Australia.

· In July, our nation’s debt passed $200 billion for the first time ever. Labor has borrowed an average of $100 million each day they have been in government.

· And, just yesterday the High Court ruled Labor’s “Malaysian solution” invalid because the government had not done its homework.

More information – Matthew Canavan 0458 709433

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