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High Court challenge of Labor’s Mining Tax always inevitable

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Media Release Senator Mathias Cormann Shadow Assistant Treasurer Shadow Minister for Financial Services and Superannuation

12/0622/MC 22 June 2012

High Court challenge of Labor’s Mining Tax always inevitable

A High Court challenge against Labor’s dodgy mining tax was always inevitable.

The mining tax is a bad tax negotiated personally by Julia Gillard and Wayne Swan through a highly improper process.

They negotiated the design of a significant new tax on an important new industry exclusively and in secret with the three biggest mining companies.

Not only did Labor exclude the competitors of those three major multi-national miners, they also excluded State and Territory governments - and extraordinarily - Commonwealth officials.

We also know, following Treasury Secretary Ken Henry’s appearance before a Senate Select Committee hearing, that no legal advice on the constitutional validity or otherwise of the Gillard/Swan Mining Tax deal was sought before it was signed.

The Gillard government has a very poor track record when it comes to ensuring its policy changes are consistent with relevant legal requirements.

Only a few short months ago their dodgy Malaysia people swap deal was thrown out by the High Court.

We look forward to the considerations and findings of the High Court.

MEDIA CONTACT: Senator Cormann 0411 874 546