Legal opinion says carbon tax is unconstitutional

10/04/2012

Bryan Pape, of Lockhart Chambers, has drafted an advice for the Institute of Public Affairs, which argues that the Australian Government's carbon tax�legislation�is unconstitutional and can be challenged on a number of grounds, such as:�1.�Carbon dioxide emissions are state property, which the Commonwealth cannot tax. 2. The Commonwealth cannot impose a carbon tax and other related penalties within the same Act. 3. The Commonwealth cannot introduce a carbon tax within its external affairs powers.

The IPA is sending the advice to state premiers and attorneys-general. It�has not released the advice.

10 April 2012