Sydney Barrister and tax expert Bryan Pape, has described the federal government's carbon tax as "unconstitutional", and says the country's biggest states stand a significant chance of overturning the carbon tax in a high court challenge.
The NSW premier Barry O'Farrell, has advised the media that his govt has received legal advice on this issue, and will be proceeding with a high court challenge. The other three liberal premiers are expected to follow their NSW counterpart.
Mr. Pape has said in his findings, the state owned power assets, emit greenhouse gases which are the property of the states. "It is impermissible for the commonwealth to impose any tax on any property of any kind belonging to a state".
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