Constitutional Challenge

John Larkings
Senior Associate

John Larkings is acting for Queanbeyan City Council in Federal Court constitutional proceedings against the ACT Government and ACTEW in relation to the Water Abstraction Charge and the Utilities Networks Facilities Tax.

The council challenged these levies, which are imposed on the delivery of potable water to the council and residents, on the basis that they are both duties of excise imposed in breach of Section 90 of the Constitution.

In 2009, the Federal Court found in favour of the ACT Government and ACTEW in regard to the Water Abstraction Charge and in favour of Queanbeyan City Council in regard to the validity of the Utilities Tax. Both matters are now subject to an appeal process.