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Constitutional Lawyer help me please?

  1. 4,783 Posts.
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    Okay, So I read that Advertiser article

    Now, I believe that Sarah Hanson Young is a Federal senator. And help me here but Sec 51 doesn’t let Canberra make laws for states about mining does it? And it’s power for the Environment is to only administer 35 Commonwealth Acts, none of which cover this kind of project. (is this correct?)

    So the Commonwealth cannot interfere where it has no Constitutional Right. And SHY obviously knows that hence why I am trying to work this through, because clearly she and the Greens think they have a right to override state courts and state legislation to force the closure of a listed company.

    It is reported “Greens environment spokesperson Senator Sarah Hanson-Young said her party would move in Parliament to try to shut down the operation. “The Federal Environment Minister must intervene and put a stop to this project before any irreversible damage is caused. “It is a disgrace it was ever given the go-ahead by the South Australian Liberal Government. “The Greens will move in the Parliament to stop the Leigh Creek project and ban this absurd and harmful practice.’’

    Well if there isn't a direct threat to the capital of a company nothing is

    Okay, so a few weeks ago greenies took LCK to the SA courts to block the project. Where the SA Premier said the PCD trial has met the legislation and will continue. And an SA judge upheld SA legislation and the Premiers department decision on this trial saying there is nothing to stop this trial continuing.  

    But here we are, a Federal Senator, naming a company specifically and stating that it will bring about Commonwealth legislation that will close down a listed company’s operations-. Which company has met its requirements, telling the world that – it seems to me- Canberra will overrule a State Judge affirming state legislation. If Canberra has no jurisdiction then this seems pretty extreme to me and well, an attack on the Constitutional.

    And if I project that- maybe wrong hence why I am asking here- then why are the Greens attacking a company and not the technology?

    LCK are a listed company, it has met the LEGISLATION. It has approval which has been upheld by the courts. If SHY and the Greens wants to get the process banned, AND they are acting within Federal rights- that is their prerogative.

    But this “The Greens will move in the Parliament to stop the Leigh Creek project and ban this absurd and harmful practice”. My emphasis to clarify that there are 2 things there are pursuing, one is to attack and target a listed company acting in the ordinary course of business, the other to ban the ISG process. And I'm pretty angry about that.

    Today's share price in insane and there is no way it isn't being impacted by threats of the company being dissolved because by a rewrite of State legislation by Federal parliament

    Disseminating this information that was highly likely to cause the LCK share price to fall clearly appeals to Greens voters and the Greens and SHY benefit with money the more votes they get right (CA s1041?)

    IF the Commonwealth have no power over this project and SA mining legislation and courts, then is stating that “The Greens will move in the Parliament to stop the Leigh Creek project AND ban this absurd and harmful practice” a False and Misleading statement…that has the effect of reducing the price of LCK? [CA s1041E(1)]

    Now for the Greens and lawyers reading this let me be clear: I am NOT suggesting anything improper is being done here or that there is market interference or manipulation, and this is vexatious, or a constitutional overreach, or that LCK will run to the court to injunct SHY and the Greens and get front page National coverage of the project and take their gloves off. I truly am not

    I just want to know, can the Commonwealth do anything about stopping this trial? Because as I read it they are very clearly saying they will move to shut down LCK and its trial

    Oh- and for the love of mike, can any of these politicians please provide one scrap of evidence of what the damage someone else’s application of the process actually caused? I truly, truly would like to know
 
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