Skip to main content

Business News Releases

High Court constitutional challenge to Victoria’s 'flawed' electric vehicle tax 

A HIGH COURT legal challenge to Victoria's controversial electric vehicle tax by two drivers will argue that the State of Victoria lacks the constitutional power to levy a road user charge on electric vehicle drivers.

The case was filed today on behalf of the drivers by Equity Generation Lawyers. In July 2021, the Victorian Government introduced a new tax which charges electric vehicle drivers between 2 cents and 2.5 cents for every kilometre they drive.

Melbourne father and nurse manager Chris Vanderstock, one of the drivers bringing the case who uses his car for his daily work commute, said he had additional concerns to the constitutional validity of the laws.

“Instead of taxing clean technologies, the Victorian Government should be concentrating on getting dirty cars off the road,” Mr Vanderstock said. 

“Electric vehicles are cleaner and improve health and climate outcomes for everybody. Why is the Victorian Government taxing electric vehicles when they have a demonstrable health benefit?"

Melbourne mother and engineering consultant Kathleen Davies, the second electric vehicle driver mounting the High Court challenge, said she bought her first electric vehicle in 2012 to help reduce her family’s environmental impact. 

“Not only are electric vehicles better for the environment, they are also cheaper to run,” Ms Davies said. 

“Electric vehicles are becoming more affordable every year but this tax is a backward step for people wanting to transition to a cleaner and more economical car. 

“Victoria’s electric vehicle tax is fundamentally flawed and impractical. It punishes electric vehicle drivers and discourages the urgent need to decarbonise.” 

Jack McLean, lawyer for the drivers, said his clients would argue that the State of Victoria lacked the constitutional power to levy the tax.

"In addition to the validity of the tax, our clients are concerned it's also bad public policy,” Mr McLean said. 

“It discourages everyday Australians from switching to lower emission vehicles, prolonging our dependence on polluting oil. 

“It’s bad for Victorians, it’s bad for the climate and we will argue that it is unconstitutional”. 

Interested people can join a crowdfunding campaign to support the High Court challenge at: https://chuffed.org/project/evtax

 

ends

  • Created on .

Smart Energy Council welcomes government review of solar PV sector

THE Smart Energy Council – an independent peak national body for the solar industry – has welcomed the Australian Government’s review of the Small-scale Renewable Energy Scheme (SRES) released today.

John Grimes, chief executive of the Smart Energy Council, said, “Australians love solar and have voted with their rooftops. They deserve good quality solar, installed by good quality installers.

“The reforms proposed by the Australian Government will help ensure Australian families are looked after as they slash their power bills with solar.

“The Smart Energy Council has long called for a single regulator for the Australian Government’s solar scheme. We totally support that recommendation.

“The Smart Energy Council also welcomes proposals for increased sampling and testing of solar PV components and increased accountability for solar retailers.

“The Smart Energy Council looks forward to working with the Clean Energy Regulator and the Australian Government in implementing these reforms.”

You can find the review report here and the government response here.

ends

  • Created on .

Intelligence and Security Committee annual report

THE Parliamentary Joint Committee on Intelligence and Security (PJCIS) has tabled its Annual Report of Committee Activities 2020-2021 and made five recommendations to improve the framework within which it performs its oversight functions of national security and intelligence matters.

During the 2020-2021 year the committee undertook 26 inquiries and tabled 13 reports.

Chair of the committee, Senator James Paterson said, “The national security challenges facing Australia are unprecedented. The committee has the greatest workload it has ever faced as the challenges of foreign interference, espionage, terrorism and cyber security remain.

“Members of the PJCIS take seriously their important responsibilities ensuring accountability and providing oversight of our security and intelligence agencies, as well as making sure the dedicated men and women of the national intelligence community are well-equipped to respond to the challenges Australia faces," Senator Paterson said.

The committee has recommended reviewing the Intelligence Services Act 2001 which binds the committee at the commencement of the next parliament to ensure it remains fit for purpose and allows the committee to complete its work in a timely and efficient manner.

Further information on the functions and role of the committee as well as a copy of the report can be obtained from the committee’s website.

ends

  • Created on .

House Economics Committee to hear from academic experts on common ownership and capital concentration

THEHouse of Representatives Standing Committee on Economics will hear from Australian and international experts and other key stakeholders about common ownership and capital concentration at a public hearing on Thursday, September 16, 2021.

Committee Chair Tim Wilson MP said, "This will be an opportunity for the committee to hear from some of the world’s foremost experts on this subject matter. The committee hopes to gain a deeper understanding of the issues at hand and how Australia’s experience compares internationally.

"Common ownership and capital concentration threatens competitive markets as Megafunds buy up the ASX and other assets, and they are gaining pace, this week we have seen a collaborative consortium seek to buy Sydney Airport and displace other investors.

"The committee will seek the views of experts on the extent that this issue undermines market competition in Australia and what measures government can take to mitigate any negative impact." Mr Wilson said.

"Our recent hearings with regulators confirmed they’re alive to the risk, and that there are serious concerns about when investors collude driving poorer returns for other investors and competitive markets to extract better returns for themselves, but not consumers," Mr Wilson said.

The full Terms of Reference for the inquiry into common ownership and capital concentration are available on the committee’s website.

Public hearing details

Date: Thursday, 16 September 2021
Time: 9am to 4.45pm

A program for the hearing is available on the committee’s website.

Due to health and safety concerns relating to the COVID-19 pandemic, this hearing is not currently scheduled to be open for public attendance. Interested members of the public will be able to view proceedings via the live webcast at aph.gov.au/live.

ends

  • Created on .

Bylong community 'wins again' as coal mine appeal is dismissed 

THE NSW Court of Appeal today upheld the decision to refuse the Bylong Coal Project.

The decision comes two years after the NSW Independent Planning Commission (IPC) first rejected the 6.5 million-tonnes-per-year greenfield coal mine, calling the greenhouse gas emissions from the project ‘problematical’.  The Bylong Valley, near Mudgee in central western NSW, is known for its scenic beauty and fertile agricultural land.

Environmental Defenders Office (EDO) client, the Bylong Valley Protection Alliance (BVPA) has fought long and hard against the coal project proposal by Korean company KEPCO, opposing the plans before the IPC, the NSW Land and Environment Court and at last month’s hearing in the Court of Appeal.

KEPCO has been ordered to pay BVPA’s costs. 

EDO managing lawyer Rana Koroglu said, "This is the third time this destructive and climate-wrecking coal mine proposal has been defeated – first in the Independent Planning Commission, then in the Land and Environment Court, and now in the NSW Court of Appeal.  It’s time for the proponent KEPCO to walk away.

“The most recent Intergovernmental Panel on Climate Change (IPCC) report delivered a ‘code red’ for humanity on climate. It’s clear we cannot afford to develop more greenfield coal mines at a time when the world needs to rapidly reduce greenhouse gas emissions. The South Korean Government, a majority stake owner in KEPCO, has recently committed to increasing its emissions targets to a 40 percent reduction by 2030. 

“Our evidence before the IPC hearing was compelling and robust. We presented testimony from over a dozen expert witnesses and put the latest scientific evidence before the Commission.

"The IPC made its decision based on that evidence, finding that this coal mine is not in the public interest. Two subsequent appeals have thoroughly tested and supported the IPC’s decision to refuse the mine.

“We are delighted for our clients, the Bylong Valley Protection Alliance, who have once again successfully argued for the rejection of this mine and defended their beautiful valley."

Background

In September 2019, the NSW Independent Planning Commission found the Bylong Coal Project was contrary to the principles of ecologically sustainable development, cited impacts on groundwater, climate, agricultural land and aesthetic, scenic, heritage and natural values in its Statement of Reasons for the refusal.   

Acting for the Bylong Valley Protection Alliance, EDO lawyers had presented the Commission with expert evidence, including on the mine’s climate change impacts. In its Statement of Reasons, the Commission said the greenhouse gas aspects of the project were ‘problematical’. 

KEPCO applied for judicial review of the decision in December 2019.  While the IPC declined to defend its decision on the basis it may compromise its impartiality, in May 2020 the Bylong Valley Protection Alliance successfully applied to become a full party to the judicial review, represented by EDO.

The judicial review was heard in the NSW Land and Environment Court in August 2020 and in December 2020, KEPCO’s appeal was rejected.

A further appeal against the NSW Land and Environment Court decision was lodged by KEPCO in March 2021 and was heard by the NSW Court of Appeal on 25 August 2021. 

ends

  • Created on .