The constitutional validity of state royalty schemes and profit-based schemes

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Abstract

This article considers existing state mining legislation providing for payment of royalties. There is an argument that such schemes offend s90 of the Constitution. It considers an alternative taxation of profit derived from mining, and considers whether such a scheme would have greater chance of withholding a s90 challenge.
Original languageEnglish
Pages (from-to)551-572
Number of pages22
JournalAustralian Tax Forum
Volume36
Issue number4
Publication statusPublished - 1 Dec 2021
Externally publishedYes

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