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Monday, 13 February 2012
Page: 762

Taxation

To the Honourable Members of the House of Representatives in the Parliament assembled:

NSW Citizens' Petition

DEFINITIONS:

GNSW Government of New South Wales

NSW State of New South Wales

LHPA NSW Department Primary Industries, Livestock Health & Pest Authority

AC The Australian Constitution

Excise Tax calculated by estimated numbers of livestock (carrying capacity)

We, the undersigned, alert the House to contraventions of AC by GNSW.

Citizens are qualified for the Excise by LHPA:

1 . acco rding to hectares exceeding LH PA thresholds,

2 . location of hectarage,

3 . uses to which land is not put.

Citizens are compelled, without recourse, to pay the Excise under threat of being sold up without notice.

This Excise is unconstitutional because:

1 . calculated by stock numbers, it's an Excise contrary to S86 & S90 (AC). Excises are the exclusive domain of the Executive Government (Commonwealth) thereby prohibiting GNSW from imposing Excises,

2 . S92 (AC) says; trade between States, shall be absolutely free. Only GNSW imposes Excise making trade with NSW not free.

3 . it's discriminatory - imposed on NSW qualifiers only. By ignoring the LHPA Excise, Commonwealth is guilty of discrimination, contravening S99 (AC).

We therefore ask the House to call on the Commonwealth Government to:

1. investigate GNSW legislation,

2 . consider Excise definition,

3 . ascertain Excise contravention of AC, including S92 (preventing free trade between States) and S99 (discrimination),

4 . issue a statement on the constitutionality of Excise,

5 . if Excise is determined unconstitutional, request GNSW to repeal Excise funding legislation,

6 . assist with legal recourse for Excise payers to recover amounts extracted unconstitutionally by LHPA.

from 156 citizens