The Federal Government is celebrating the passage of the mining tax legislation, but the Coalition believes it will ultimately be scuttled by the High Court.

The tax, which passed the Senate last night despite repeated attempts by the Coalition to delay the final vote, will take effect from the middle of the year.

But Treasury officials are already working on some technical amendments to the laws.

It is a significant milestone for Prime Minister Julia Gillard, who tweeted this morning that: "Finally, all Australians will get a fair share of the mining boom."

Federal Treasurer Wayne Swan tweeted that the legislation was a "huge economic reform of our time".

"[It] will help us deliver more super savings for 8.4m ppl (sic), tax breaks for 2.7m small businesses and a company tax cut," he wrote.

"We all own Australia's resources, so it's only fair we all share the benefits."

The Senate has now called on the Government to release a summary of its legal advice to deal with concerns that the tax is unconstitutional.

Labor says it will respond to the request, but is confident in its legal position.

But the Coalition says the tax will hurt the industry and reduce Australia's international competitiveness.

Liberal Senator Mathias Cormann expects the matter to end up in the the High Court.

"I have no doubt that when it is all said and done, this dodgy Labor Party mining tax will be thrown out by the High Court, just as the High Court has thrown out Labor's dodgy Malaysia people swap deal," he said.

But Finance Minister Penny Wong says the Government is confident in its legal position.

"We are [confident], but I'd make the point also that the Opposition - they'd find any excuse to vote no on this legislation," she said.

"I mean the Opposition are telling Australians that they believe that the profits of wealthy miners is more important than the superannuation of working Australians.

"[It is] a Labor reform which is about sharing the benefits of the boom."

The legislation passed the Upper House after a heated debate last night, with even the Senate clerk caught up in the crossfire.

Greens leader Bob Brown accused the clerk of failing to give fair and accurate advice on the legislation to his party.

"[He] refused to allow the promulgation of the wish of senators to have these motions adequately serviced before this Senate, and I object," he said.

It prompted an angry response from Liberal Senator Michael Ronaldson, who described Senator Brown's comments as despicable.

"[Senator Brown] is the walking glass jaw. When everything else fails, he will attack someone else. What a gutless wonder he is," he said.

The Greens failed in their bid to expand the scope of the tax.