Tuesday 25 September 2018

Retrospectivity considerations blatantly ignored by QLD Labor

QLD Labor Government Palaszczuk 2017 retrospective unconstitutional


The Office of the Queensland Parliamentary Counsel release a notebook titled "Principles of Good Legislation: OQPC guide to Fundamental Legislative Principles".

In it there are guidelines meant to be adhered to so as to ensure legislation that is passed is fair and reasonable among other things.

A scrutiny committee is meant to oversight and review the proposed legislation changes as well. There is mention several times on the impact of retrospectivity and as quoted on page 15 of the notebook,

"The practice of retrospective validating legislation is not a practice the Scrutiny Committee endorsed. it considered the practice could adversely affect rights and liberties or impose obligations retrospectively and therefore breach fundamental legislative principles. However the Scrutiny Committee recognised that there are occasions on which curative retrospective legislation which does not significantly affect individuals' rights and liberties, is justified in order to clarify a situation or correct unintended legislative consequences." -

THIS LEGISLATION DOES SIGNIFICANTLY AFFECT THOSE RIGHTS AND LIBERTIES.

People locked into property purchases before the legislation are now a slave to QLD government and their taxes - restricting their financial freedoms and ability to live off rent.
It affects the liberties of those whether they live in the property or not to travel overseas unimpeded - now they are effectively prisoners of the state for 6 months of the year - or pay the penalty.

There are many consequences I am sure the Labor Government knew would occur but chose to ignore.

No grace period for those caught in the trap means our rights have definitely been affected.

Economically this is a Human Rights issue as well. The way the taxes were introduced in such an unsuspecting and punitive manner screams abuse of power by the government.

And its arrogance to ignore its unfair application of retrospectivity as well to implement the taxes in a back-dated manner.

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