Democratic Banana Republic of Western Australia – Part too many

Continuing his world tour of “It’s Legal Because We Passed a Law”, Western Australian Attorney General writes in the pages of the Australian:

Our Clive Palmer law will save taxpayers billions

If the logic of the law is to save taxpayers money, then TAFKAS for one, looks forward for the Western Australian Parliament to pass laws confiscating the superannuation of current and former WA politicians.  Because this too will save taxpayers billions.  How about cutting the salaries of WA public servants because that will also save taxpayers billions.

If this is the best argument the WA AG has, then it is time to leave the island.  Or perhaps the Western portion of the island if the borders were only open.

Pointing out that this expropriation legislation was passed with bi-partisan support and that the “Liberal” Commonwealth Government does not want to get in the way does not justify this legislation.  It just shows how anti-liberal the Liberal Party of Australia is.

The Kafkaesque logic is really impressive:

It (the Palmer expropriation legislation) was passed by parliament and represents the law of this state. It is not an exception to the rule of law.

Ok.  But the original agreement that Palmer is seeking to enforce was also passed by the WA Parliament.  That too was law.

It would also be the rule of law were the WA government to confiscate home and superannuation of any Western Australian citizen were it done so via a legislative instrument.

This is a pathetic effort at post-hoc justification of the most egregious and capricious conduct.  If the WA government was so confident of its position why was it necessary to include the prohibition of the Freedom of Information rights associated with this matter?  Something to hide perhaps?

And whilst TAFKAS lives in NSW, he does not have a sense of schadenfreude on this matter.  There are ample reflections with the conduct of the O’Farrell government in NSW.

Not as grossly offensive as the WA case, but the NSW O’Farrell government still passed arbitration legislation to cancel mining licences in NSW.  Perhaps they were granted under questionable circumstances, but was that known to the purchasers who coughed up larges amounts of money and have had their assets confiscated without compensation.

Actions like these add to the risk assessment investors make when they decided where to put their capital.  High company tax, regulatory complexity and uncertainty.  Sovereign caprice.  Warrant-less entry.

Why the hell would anyone set up a business and risk their capital in the Democratic Banana Republic of Australia.

But everything will be fine once there is the magic mandatory vaccine apparently.

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19 Responses to Democratic Banana Republic of Western Australia – Part too many

  1. Botswana O'Hooligan

    Alice in wonderland type stuff, typical of WA Governments past and present although Victoria is right up there vying for the crown.

  2. Bruce

    Does Worst Australia have a Constitution?

    Does it mention anything like the law just passed?

    Not that reducing the financial and fore-lock tugging obligations of the peasantry is, or has ever been, on the agendas of the politicians and public serpents, there, or in any other state or territory.

    If you get my drift.

  3. Robbo

    Is that ratbag Quigley a fascist or a communist? Perhaps both, but he certainly isn’t someone who respects the rights of the individual. In that he seems to have soulmates on both sides of the WA Parliament. What a disgusting lot they all are. I’m not a fan of Clive Palmer but in this instance he has my support. I hope he takes this to the High Court, wins and then sues the WA government for as much as possible. Those undemocratic bastards deserve to be done over properly.

  4. candy

    I’m no fan of Clive Palmer also but he should take legal action.

    I can’t help but think the WA government feels it’s politically popular to bring Palmer down, because he is out of favour around the traps. Not about the law, but scoring poll points. Premiers are adept at that kind of dishonesty.
    I am quite sure if Palmer was at the top of his popularity McGowan would not try it on, because lose Newspoll points.

  5. Damon

    The pollies have nothing to lose. They don’t have to pay.

  6. John snowy Bowyer

    So they came for Pauline and you let it happen cheered on by the MSM. Did you think they would stop there?

  7. duncanm

    Not about the law, but scoring poll points.

    this is the issue – they’re abusing the law in the quest for votes.

  8. The BigBlueCat

    It’s a bit like this Milton Friedman story: Friedman was on a tour of a major Chinese dam project when he noticed a lot of workmen using sledge-hammers, shovels, picks and barrows to remove a lot of rocks, despite the presence of some large mechanical equipment that could easily do the job. When he asked the Chinese official why they had manual labour doing this, the reply was “because we have a work-creation project”. Friedman thought for a moment, and then said: “Why don’t you give them all spoons?”

    Like many others, I think Palmer is a buffoon (albeit a wealthy one). But he should challenge this law – WA shouldn’t pass laws to stop being sued on the basis of saving taxpayer monies (especially if the likes of Palmer can prove the WA government is actually liable). If “saving taxpayer monies” was a basis for law creation, there’s a lot more laws they should be passing ….

  9. mundi

    This is where all of australia is headed.

    We have no constitutional rights or even human rights, let alone natural law, in Australia.

    Social justice just absolutely accepts things like this. No just accepts, but praises it.

  10. First things first. This WA law and the WA government are a disgrace and will damage Australia’s Sovereign Risk ratings.

    We must remember though that all minerals in the ground belong to the WA people under WA government control.
    WA government can give licences/permits for individuals and companies to dig the stuff up (and pay the royalty).
    The government can also revoke such licences/permits. There is no obligation to compensate the miner for all the minerals that are in that particular ground. Their only obligation (as far as I can tell) is to refund whatever monies the miner spent up to that point.

    What Palmer wants is something he is not entitled to. He wants $30B for the minerals he can’t now dig up. Those minerals don’t belong to him and never did.
    He should negotiate for a refund of whatever monies he spent exploring, mine development etc and get the hell out of WA.

    Bad business by the WA government as well. It’s hard enough to get investors in such a speculative field (not to mention the mountains of red and green tape).
    Instead of talking about the money they are saving the WA taxpayer, they should stress that the minerals belong to the WA people, not Palmer.

  11. Grunter

    If the WA government was so confident of its position why was it necessary to include the prohibition of the Freedom of Information rights associated with this matter?

    If they were confident they would have gone to Court …

  12. Professor Fred Lenin

    I suppose the WA atorney general used to have a thriving legal practice in offices above the fish n chipshop inHigh Street, labor politicians with law degrees usually do ,or they work for the cream of the law trade at slater gordon or morrie blackballs ,wearing runners to chase the ambulances .
    Palmer will go to the place where the Real lawyers are ,the High Court . I dislike Palmer as hes an old Bjelke Petersen suncophant but he is marginally better than alp aparatchiks .

  13. Professor Fred Lenin

    Another had thing about this is that they could discourage Chinese Communist investment in WA, wonder if they would screw them or middle eastern investors like they are Palmer .?

  14. Bruce of Newcastle

    Our Clive Palmer law will save taxpayers billions

    Quigley says everything that business has is owned by the state, if the state wants it.
    Works real well in Venezuela and North Korea, kiddo.
    Maybe he should move to one of them.
    Venezuela is best as it’s warmer.

  15. John A

    candy #3562643, posted on August 28, 2020, at 10:07 am

    I’m no fan of Clive Palmer also but he should take legal action.

    That’s what he has been doing.

    The result is that at every stage Clive Palmer has won – in arbitration, negotiation and in court.

    In the final stages of settling the action, he lodged as I understand it, an ambit claim of “up to $30Bn” at which point the WA AG panicked and persuaded the government to simply say “despite all the previous steps, No, just no, Clive. Not one cent will you get from us.”

    Baa Humbug #3562748, posted on August 28, 2020, at 11:22 am

    What Palmer wants is something he is not entitled to. He wants $30B for the minerals he can’t now dig up. Those minerals don’t belong to him and never did.
    He should negotiate for a refund of whatever monies he spent exploring, mine development etc and get the hell out of WA.

    Apart from the egregious ambit claim, that is what he has successfully been arguing all through the process. Then when it came time for the government to cough up, they passed this legislation to say “Not one red cent, shut up, go away and nobody can even talk about it”, using the colour advisedly.

  16. Megan

    Like so many other Australians, I’m no fan of Fat Clive but this moves political bastardry somewhere out past the most distant galaxy and far, far away.

    I really hope this goes to the High Court and all those weasels cheering the disgusting, parasitic AG of WA (WAAG) eventually realise that they will be up for exponentially more than if their political betters had done the right thing from the get go.

    I suggest that every single politician who voted for this utter ruin of a law be held personally financially responsible for the fallout. One can only dream, sadly.

  17. Alan Bell

    You’d need Capt Picard & Lt Cmdr Data to find any galaxy in which the WA Govt have any ethics.
    Sadly all my WA mates are silent on the subject realising it’s wrongness but hating Clive as well as wanting to protect ANYTHING WA in their usual one-eyed separatist manner (fark u Easterners).
    Short term expediency ignoring the reputational damage is a road to doom and a cesspit of abuse.
    ALL investors will think twice at the higher risk of doing business with legislative, expedient thieves.

  18. Bruce

    @BoN:

    “Quigley says everything that business has is owned by the state, if the state wants it.”

    Reminds me of:

    “Everything in the State, nothing outside the State, nothing against the State.” – Benito Mussolini.

    See also; „Do not believe, even for a moment, that by stripping me of my membership card you do the same to my Socialist beliefs, nor that you would restrain me of continuing to work in favor of Socialism and of the Revolution.“ Help us translate this quote — Benito Mussolini

    See also, from Il Duce: “Do not believe, even for a moment, that by stripping me of my membership card you do the same to my Socialist beliefs, nor that you would restrain me of continuing to work in favor of Socialism and of the Revolution.”

  19. Squirrel

    “Our Clive Palmer law will save taxpayers billions”

    In the same way that refusing the ambit claims of trade unions saves squillions.

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