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Monday, 7 November 2011
Page: 8302


Senator WILLIAMS (New South WalesNationals Whip in the Senate) (13:00): 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?