carbon tax unconstitional section 51 (ii)

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    Section 51(ii.) of the Constitution empowers the Commonwealth to impose a taxation but makes it clear that it must not discriminate between States or parts of States:

    Under the Gillard carbon tax some States and some parts of States will be more greatly affected than others.

    Part V - Powers of the Parliament
    51.The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: -

    (ii.) Taxation; but so as not to discriminate between States or parts of States:

    Why this tax is unconstitutional

    This tax does not apply equally and some parts of states will be better off than others. Infact some companies will need to be compensated to close operations due to the effect.

    Some parts of State will be compenstated more than others and some States will be compensated more due to the nature of poluting activity. This tax doesn't work unless it is discrimatory. "Checkmate"
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