❓ Hon Nick Goiran asks the Attorney General about the implications of the Vanderstock v Victoria High Court decision on excise duties, particularly concerning electric vehicles. The Attorney General acknowledges awareness but declines to table related legal advice due to privilege.
AnsweredQoN 1539Legislative Council
Asked
29 November 2023
Member
Portfolio
parliamentary secretary representing the Attorney General
QuestionView source ↗
ELECTRIC VEHICLE EXCISE —
HIGH COURT RULING
1539. Hon NICK GOIRAN to the parliamentary secretary
representing the Attorney General:
I refer to the
decision of the High Court on 18 October 2023 in Vanderstock v Victoria [2023]
HCA 30.
(1) Is the
Attorney General aware of Justice Edelman's remarks at paragraph 478 —
If any tax that is reasonably
anticipated to have an indirect effect on demand in a market for the sale of
goods could be an excise, then almost any tax could potentially be an excise.
(2) On what date
did the Solicitor-General or the State Solicitor brief the Premier or the
Treasurer about the consequences of this decision for our state?
(3) Will the
Attorney General table any documents provided as part of those briefings?
HIGH COURT RULING
1539. Hon NICK GOIRAN to the parliamentary secretary
representing the Attorney General:
I refer to the
decision of the High Court on 18 October 2023 in Vanderstock v Victoria [2023]
HCA 30.
(1) Is the
Attorney General aware of Justice Edelman's remarks at paragraph 478 —
If any tax that is reasonably
anticipated to have an indirect effect on demand in a market for the sale of
goods could be an excise, then almost any tax could potentially be an excise.
(2) On what date
did the Solicitor-General or the State Solicitor brief the Premier or the
Treasurer about the consequences of this decision for our state?
(3) Will the
Attorney General table any documents provided as part of those briefings?
AnswerView source ↗
I thank the member for some notice
of the question. The following answer has been provided to me by the Attorney General.
(1) Yes.
(2)–(3) The
Attorney General received a briefing from the Solicitor-General. It would not
be appropriate to table this advice as it is subject to legal professional
privilege.
of the question. The following answer has been provided to me by the Attorney General.
(1) Yes.
(2)–(3) The
Attorney General received a briefing from the Solicitor-General. It would not
be appropriate to table this advice as it is subject to legal professional
privilege.
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