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Tag Archives: Fuel excise

The death of due process, transparency and accountability

Increasingly this government is seeking to subvert due process and impose their agenda in totalitarian fashion.

Regardless of whether you think the increase in fuel excise is an appropriate measure, the move to introduce it through regulation rather than legislation is specifically designed to bypass parliament. The regulations will need to be backed up with proper legislation by the Senate within 12 months or the money raised will have to be refunded.

As reported in the SMH:

“The government believes the ploy will put Labor and Greens senators in a bind at that time forcing them to choose between keeping the escalating revenue stream, or voting it down forcing the government to pay potentially hundreds of millions of dollars collected from motorists back to oil companies.

While the incremental inflation adjustments will raise an expected $167 million from motorists by November next year, little-appreciated new compliance costs for service stations are calculated at $5.06 million according to Treasury estimates.”

So much for cutting red tape to help small businesses. They also ignore the flow on costs to households as businesses pass on increased delivery expenses, and the cumulative effect of twice-yearly increases.

And it seems they may be trying to introduce the GP co-payment in the same way.

Initially, on Tuesday Peter Dutton said:

“There is no capacity to introduce a $7 co-payment through regulation, the advice from our legal people within the department as well as with attorneys is the $7 co-payment needs substantive legislation to support the co-payment.”

But yesterday he changed that message, refusing to rule out the introduction of the $7 levy by regulation to bypass the need for legislation.

“I am not going to rule things in or out. I am saying that there are options that are available to the Government,” Mr Dutton said.

Finding ways around our parliament and our laws is becoming a habit.

After the High Court ruled in June that the federal government could not directly fund religious chaplains in public schools, Christopher Pyne chose to give the money to the states with the direction that it could not be used for secular welfare workers.

So much for their claim that education decisions should not be dictated by Canberra.

In February, a Senate inquiry paved the way for the Parliament to give Environment Minister Greg Hunt legal immunity against future legal challenges to his decisions on mining projects. It will protect him from being challenged over deliberate or negligent decisions that do not comply with the law.

The Coalition government has now licensed Greg Hunt to avoid compliance with the EPBC Act. The amendment retrospectively validates ministerial decisions – even if they did not comply with the EPBC Act when they were made.

We are also losing our right to appeal development decisions.

The Abbott government’s move to establish a single approval process by passing environmental approval responsibilities onto the states and territories creates a conflict of interest as they raise revenue from land sales and mining royalties.

In early 2014 the Queensland government proposed to confine the objections and notifications process for a mining lease to people owning land within the proposed lease.

The Coordinator-General is fast becoming an almost supremely powerful czar for large projects in Queensland, subject only to the political whims of the state government. He can also prevent any objections to the environmental authority for a coordinated project from being heard by the Land Court. When combined with the severe restrictions on objections to mining leases, very few people can now challenge matters such as impacts on groundwater of large mines that are declared a coordinated project.

Under the federal Coalition’s one-stop shop the Coordinator-General is also proposed to have power to approve projects impacting on matters protected under federal environmental laws.

And that’s not the only avenue for appeal that is being shut down.

Australians could be left with no appeal rights against government secrecy by the end of this year.

The May budget cut $10.2 million funding for the Office of the Australian Information Commissioner (OAIC) which handles Freedom of Information appeals. The government wants appeals to be handled by the Administrative Appeals Tribunal instead. This move is being blocked in the Senate so we will be left with effectively no avenue for appeal.

But perhaps the most blatant disregard for the law is being shown by Scott Morrison who, in a Napoleonic gesture, has conferred on himself the power to revoke a person’s citizenship. The new laws provide the Minister with the power to set aside decisions of the Administrative Appeals Tribunal (AAT) concerning character and identity if it would be in the public interest to do so and confer on the Minister the power to make legislative instruments.

Morrison has condemned innocent people to indefinite incarceration and washed his hands of any responsibility for their welfare. He has ignored warnings that his actions are in breach of human rights and is actively outsourcing our responsibilities under the Refugee Convention at enormous cost to this country. He is now even blocking refugee applications from people coming through official UNHCR channels.

Journalists have been denied access to detention camps. Even the head of the Human Rights Commission, Gillian Triggs, was denied access to child asylum seekers on Nauru on the grounds that the commission’s jurisdiction did not extend beyond Australia’s borders. The cost of a single-entry media visa to Nauru rose from $200 to $8,000.

And if any of us report on the machinations of this government, our fate is in the hands of Attorney-General George Brandis who has the individual power to determine if we should face a possible ten-year jail sentence.

So much for free speech, transparency and accountability.

“Trust me,” they say. Not friggin’ likely.

 

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Trust me

In light of the deficit levy and the PPL levy and the increased Medicare levy to pay for the NDIS and the increased fuel excise and the co-payment for doctors and medications (aka sick tax), I thought it might be interesting to revisit Tony Abbott’s words.

Thanks to the ABC and Crikey. I have also added a few more to their lists.

August 22, 2011: “It is an absolute principle of democracy that governments should not and must not say one thing before an election and do the opposite afterwards. Nothing could be more calculated to bring our democracy into disrepute and alienate the citizenry of Australia from their government than if governments were to establish by precedent that they could say one thing before an election and do the opposite afterwards.

January 31,2013: “So my pledge to you is that I won’t say one thing before an election and do the opposite afterwards because fibbing your way into office is what’s brought our public life into disrepute.”

August 25, 2013: “We will be a no-surprises, no-excuses government, because you are sick of nasty surprises and lame excuses from people that you have trusted with your future.”

October 28, 2010: “We stand for lower, simpler, fairer taxes, not great big new taxes that damage Australia’s economy, not great big new taxes that are yet another hit on the cost of living of struggling Australian families.”

January 2011: “Why should the Australian people be hit with a levy to meet expenses which a competent, adult, prudent government should be able to cover from the ordinary revenues of government?”

February 10, 2011: “The one thing that [people] will never have to suffer under a Coalition government is an unnecessary new tax, a tax that could easily be replaced by savings found from the budget.”

February 23, 2011: “We honour the victims of the floods by being a competent parliament and a competent government. We do not honour them by imposing an unnecessary new tax.”

May 12 2011: “People can be confident that spending, debt and taxes will always be lower under a Coalition government because we have the record to prove it.”

August 15, 2011: “This is the week in which we will mark the first anniversary of the Prime Minister’s infamous promise to the Australian people before the last election: ‘There will be no carbon tax under the government I lead’. This is a promise that will haunt the Prime Minister and the Government every day until their ultimate political death. This Government fundamentally lacks legitimacy and not because it lacks a majority but because it lacks integrity and nothing more highlights the Government’s lack of integrity than this monumental broken promise.”

August 16, 2011: “A very clear message is going out from the Australian people to this government: there can be no tax collection without an election. If this government had any honesty, any decency, that is what we would have: an election now.”

August 16, 2011: “There is one fundamental message that we want to go out from this place to every nook and cranny of our country: There should be no new tax collection without an election.”

August 22, 2011: “I have often said, and members of this House will no doubt hear me say it again, there should be no new tax collection without an election,”

September 14, 2011: “I say to this Prime Minister: There should be no new tax collection without an election.”

November 23, 2011: “This government thinks that somehow you can build prosperity with new taxes. No country ever got rich by increasing taxation. No country ever built a strong economy by clobbering itself with tax after tax after tax.”

November 24, 2011: “Our objective can be stated quite simply and quite clearly. It is lower taxes, better services, more opportunities to work and, above all else, stronger borders.”

March 14, 2012: “What you’ll get under us are tax cuts without new taxes,”

May 10, 2012: People who work hard should not be “hit with higher taxes“.

September 19, 2012: “The time for big-spending, big-taxing, big-fibbing government has gone. We will give the Australian people the decent government they deserve.”

January 2013: “And when this government claims that its attacking middle class welfare, its just attacking the middle class because the family tax benefit and the private health insurance rebate are tax justice for families, not handouts.

May 16, 2013: “We want taxes that are lower, simpler and fairer and will take proposals for further tax reform to the following election,”

Real Solutions pamphlet, 2013: “We pledge to the families of Australia that we will never make your lives harder by imposing unnecessary new taxes.”

Liberal Election Policy 2013: “But only the Coalition can be trusted to actually deliver tax cuts and genuine tax reform that will boost the economy and ease cost‑of‑living pressures for Australian families

July 8, 2013: “The current government is addicted to regulation. They’ve never seen a problem that they didn’t think a new tax or a new regulation or another bureaucrat could solve.”

August 6, 2013: “Taxes will always be lower under a Coalition government.”

August 9, 2013: “The only party which is going to increase taxes after the election is the Labor Party.”

August 11, 2013: “The only party that will raise taxes after the election is the Labor Party.”

August 15, 2013: “I am determined not to increase the overall tax burden. I am absolutely determined not to increase the overall tax burden on anyone.”

August 15, 2013: “There will be no overall increase in the tax burden whatsoever.”

August 17, 2013: “Now I say the tax burden isn’t going to increase. Well, we are going to abolish the carbon tax, abolish the mining tax, we will reduce the company tax – of course the overall tax burden is going to go down.”

August 18, 2013: “I want to make it absolutely crystal clear that our objective when the fiscal circumstances are right, is to lower all taxes. We want to lower all taxes. We really are the party of lower, simpler, fairer taxes – look at our record in government.”

August 19, 2013: “We’ll build a stronger economy so that everyone can get ahead, and part of building a stronger economy is cutting unnecessary taxes, abolishing unnecessary taxes,”

September 2, 2013: In three years’ time, “because taxes will be lower and regulation reduced, economic growth should be stronger” if the Coalition was elected.

September 5, 2013: “Right now the best thing we can do for our country and ultimately the best thing we can do for people around the world is to strengthen our economy and that means cutting taxes, building the infrastructure of the future, because if tax is lower and infrastructure is better our economy will be more productive and a strong Australia is going to be a much better international citizen than an Australia which can’t really pay its way.”

September 5, 2013: “Economic policy will be geared towards stronger economic growth than it currently is. If you reduce taxes, if you reduce regulation, if you increase productivity, you will get stronger economic growth.”

 

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