Kevin Rudd Was Warned RSPT Unconstitutional

Mr Kevin Rudd was warned by Australian Government solicitors (AGS) that there might be legal problems with the proposed mining Resources Super Profits Tax (RSPT) as per new evidence which came to light yesterday during a Senate estimates hearing.

The chief executive officer of AGS, Ian Govey confirmed to Senator George Brandis that they advised the government that there was a risk that the RSPT was unconstitutional. Senator George Brandis is the opposition legal affairs spokesman.

The RSPT was the predecessor bill to the proposed Mineral Resource Rent Tax (MRRT) currently being debated by the Gillard government.

Mr Govey handed out extracts of the AGS legal advice which warned that the RSPT may be unconstitutional on the ground that the tax would have the potential to discriminate between states.

The AGS found the RSPT could have allowed a person mining a resource in one state to receive a different tax refund or credit from a person mining the same resource in another state. He said that the AGS had suggested changes to the RSPT.

It is not clear if the Gillard government has overcome the constitutional hurdle identified by the AGS in the new proposed MRRT.


Please use one of the following formats to cite this article in your essay, paper or report:

  • APA

    Chai, Cameron. (2019, February 18). Kevin Rudd Was Warned RSPT Unconstitutional. AZoMining. Retrieved on June 24, 2024 from

  • MLA

    Chai, Cameron. "Kevin Rudd Was Warned RSPT Unconstitutional". AZoMining. 24 June 2024. <>.

  • Chicago

    Chai, Cameron. "Kevin Rudd Was Warned RSPT Unconstitutional". AZoMining. (accessed June 24, 2024).

  • Harvard

    Chai, Cameron. 2019. Kevin Rudd Was Warned RSPT Unconstitutional. AZoMining, viewed 24 June 2024,

Tell Us What You Think

Do you have a review, update or anything you would like to add to this news story?

Leave your feedback
Your comment type

While we only use edited and approved content for Azthena answers, it may on occasions provide incorrect responses. Please confirm any data provided with the related suppliers or authors. We do not provide medical advice, if you search for medical information you must always consult a medical professional before acting on any information provided.

Your questions, but not your email details will be shared with OpenAI and retained for 30 days in accordance with their privacy principles.

Please do not ask questions that use sensitive or confidential information.

Read the full Terms & Conditions.