Government cannot fund new coal plants without parliamentary approval, advice says

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New legal advice sought by the Australia Institute contradicts what government has been telling stakeholders

A new legal opinion suggests the Morrison government will not have the ability to roll out taxpayer support to its controversial plan to underwrite new coal plants unless it enacts supporting legislation or amends existing legislation.

The advice, sought by the progressive thinktank the Australia Institute, argues assistance for new generation projects will require “some form of supporting legislation”, either new or existing, to operate and fund the program, otherwise the arrangements would be open to a high court challenge.

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