Senate debates
Monday, 7 November 2011
Bills
Clean Energy Bill 2011, Clean Energy (Consequential Amendments) Bill 2011, Clean Energy (Income Tax Rates Amendments) Bill 2011, Clean Energy (Household Assistance Amendments) Bill 2011, Clean Energy (Tax Laws Amendments) Bill 2011, Clean Energy (Fuel Tax Legislation Amendment) Bill 2011, Clean Energy (Customs Tariff Amendment) Bill 2011, Clean Energy (Excise Tariff Legislation Amendment) Bill 2011, Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment Bill 2011, Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Amendment Bill 2011, Clean Energy (Unit Shortfall Charge — General) Bill 2011, Clean Energy (Unit Issue Charge — Auctions) Bill 2011, Clean Energy (Unit Issue Charge — Fixed Charge) Bill 2011, Clean Energy (International Unit Surrender Charge) Bill 2011, Clean Energy (Charges — Customs) Bill 2011, Clean Energy (Charges — Excise) Bill 2011, Clean Energy Regulator Bill 2011, Climate Change Authority Bill 2011; In Committee
1:00 pm
John Williams (NSW, National Party) Share this | Hansard source
No, it is not in relation to compensation. It is in relation to the Constitution. You are aware that in New South Wales, Queensland and Western Australia those coal fired generators are property of the state. The second part of section 114 of the Constitution clearly states:
… nor shall the Commonwealth impose any tax on property of any kind belonging to a State.
Macquarie Generation are one of the large coal fired generators in New South Wales and produce 40 per cent of the electricity in New South Wales. How can you impose a tax on Macquarie Generation when the Constitution, under section 114, clearly says you cannot impose a tax on property belonging to the state?
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