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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Climate Change (Consequential
Amendments) Bill 2022
No. , 2022
(Climate Change, Energy, the Environment and Water)
A Bill for an Act to deal with consequential matters
arising from the enactment of the Climate Change
Act 2022, and for other purposes
No. , 2022
Climate Change (Consequential Amendments) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments
3
Australian Renewable Energy Agency Act 2011
3
Building Energy Efficiency Disclosure Act 2010
5
Carbon Credits (Carbon Farming Initiative) Act 2011
6
Clean Energy Finance Corporation Act 2012
9
Clean Energy Regulator Act 2011
11
Climate Change Authority Act 2011
12
Export Finance and Insurance Corporation Act 1991
15
Greenhouse and Energy Minimum Standards Act 2012
16
Infrastructure Australia Act 2008
18
National Greenhouse and Energy Reporting Act 2007
20
Northern Australia Infrastructure Facility Act 2016
21
Offshore Electricity Infrastructure Act 2021
22
Renewable Energy (Electricity) Act 2000
23
Science and Industry Research Act 1949
24
Part 2--Transitional
26
No. , 2022
Climate Change (Consequential Amendments) Bill 2022
1
A Bill for an Act to deal with consequential matters
1
arising from the enactment of the Climate Change
2
Act 2022, and for other purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Climate Change (Consequential Amendments) Act
6
2022
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Climate Change (Consequential Amendments) Bill 2022
No. , 2022
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) the commencement of the
Climate
Change Act 2022
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Climate Change (Consequential Amendments) Bill 2022
3
Schedule 1--Amendments
1
Part 1--Amendments
2
Australian Renewable Energy Agency Act 2011
3
1 At the end of section 3
4
Add:
5
; and (c) facilitate the achievement of Australia's greenhouse gas
6
emissions reduction targets.
7
2 Section 4
8
Insert:
9
Australia's greenhouse gas emissions reduction targets
means:
10
(a) if:
11
(i) Australia's current nationally determined contribution
12
was communicated in accordance with Article 4 of the
13
Paris Agreement in June 2022; and
14
(ii) that nationally determined contribution has not been
15
adjusted in accordance with paragraph 11 of Article 4 of
16
the Paris Agreement;
17
the greenhouse gas emissions reduction targets set out in
18
paragraphs 10(1)(a) and (b) of the
Climate Change Act 2022
;
19
or
20
(b) in any other case--the greenhouse gas emissions reduction
21
targets included in:
22
(i) Australia's current nationally determined contribution
23
communicated in accordance with Article 4 of the Paris
24
Agreement; or
25
(ii) if that nationally determined contribution has been
26
adjusted in accordance with paragraph 11 of Article 4 of
27
the Paris Agreement--that nationally determined
28
contribution, as adjusted and in force from time to time.
29
constitutional corporation
means a corporation to which
30
paragraph 51(xx) of the Constitution applies.
31
Schedule 1
Amendments
Part 1
Amendments
4
Climate Change (Consequential Amendments) Bill 2022
No. , 2022
Paris Agreement
means the Paris Agreement, done at Paris on
1
12 December 2015, as amended and in force for Australia from
2
time to time.
3
Note:
The Agreement is in Australian Treaty Series 2016 No. 24 ([2016]
4
ATS 24) and could in 2022 be viewed in the Australian Treaties
5
Library on the AustLII website (http://www.austlii.edu.au).
6
3 Section 14
7
Repeal the section, substitute:
8
14 Constitutional limits
9
(1) ARENA may perform its functions only in accordance with this
10
section.
11
Main constitutional basis
12
(2) ARENA may perform its functions with respect to external affairs,
13
including:
14
(a) to give effect to the Climate Change Convention and the
15
Paris Agreement, including by supporting activities and
16
projects that could reasonably be expected to control, reduce
17
or prevent anthropogenic emissions of greenhouse gases; and
18
(b) to give effect to another international agreement to which
19
Australia is a party; and
20
(c) by way of performing its functions in a place outside
21
Australia.
22
Other constitutional bases
23
(3) In addition, ARENA may perform its functions:
24
(a) with respect to providing financial assistance for:
25
(i) research into renewable energy technologies undertaken
26
by constitutional corporations; or
27
(ii) the development, demonstration, commercialisation or
28
deployment of renewable energy technologies by
29
constitutional corporations; or
30
(b) with respect to trade or commerce:
31
(i) between Australia and places outside Australia; or
32
(ii) among the States; or
33
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Climate Change (Consequential Amendments) Bill 2022
5
(iii) within a Territory, between a State and a Territory or
1
between 2 Territories; or
2
(c) with respect to statistics; or
3
(d) with respect to a postal, telegraphic, telephonic or other like
4
service; or
5
(e) with respect to the provision of a service, or financial
6
assistance, to:
7
(i) the Commonwealth; or
8
(ii) an authority of the Commonwealth;
9
for a purpose of the Commonwealth; or
10
(f) with respect to a grant of financial assistance to a State; or
11
(g) with respect to, or in, a Territory; or
12
(h) with respect to activities that are peculiarly adapted to the
13
government of a nation and cannot otherwise be carried on
14
for the benefit of the nation; or
15
(i) with respect to the executive power of the Commonwealth;
16
or
17
(j) with respect to matters incidental to the execution of any of
18
the legislative powers of the Parliament or the executive
19
power of the Commonwealth.
20
Meaning of terms
21
(4) A term used in this section and the Constitution has the same
22
meaning in this section as it has in the Constitution.
23
Building Energy Efficiency Disclosure Act 2010
24
4 After section 2
25
Insert:
26
2A Object
27
The object of this Act is:
28
(a) to promote the disclosure of information about the energy
29
efficiency of buildings; and
30
(b) to contribute to the achievement of Australia's greenhouse
31
gas emissions reduction targets.
32
Schedule 1
Amendments
Part 1
Amendments
6
Climate Change (Consequential Amendments) Bill 2022
No. , 2022
5 Section 3
1
Insert:
2
Australia's greenhouse gas emissions reduction targets
means:
3
(a) if:
4
(i) Australia's current nationally determined contribution
5
was communicated in accordance with Article 4 of the
6
Paris Agreement in June 2022; and
7
(ii) that nationally determined contribution has not been
8
adjusted in accordance with paragraph 11 of Article 4 of
9
the Paris Agreement;
10
the greenhouse gas emissions reduction targets set out in
11
paragraphs 10(1)(a) and (b) of the
Climate Change Act 2022
;
12
or
13
(b) in any other case--the greenhouse gas emissions reduction
14
targets included in:
15
(i) Australia's current nationally determined contribution
16
communicated in accordance with Article 4 of the Paris
17
Agreement; or
18
(ii) if that nationally determined contribution has been
19
adjusted in accordance with paragraph 11 of Article 4 of
20
the Paris Agreement--that nationally determined
21
contribution, as adjusted and in force from time to time.
22
Paris Agreement
means the Paris Agreement, done at Paris on
23
12 December 2015, as amended and in force for Australia from
24
time to time.
25
Note:
The Agreement is in Australian Treaty Series 2016 No. 24 ([2016]
26
ATS 24) and could in 2022 be viewed in the Australian Treaties
27
Library on the AustLII website (http://www.austlii.edu.au).
28
Carbon Credits (Carbon Farming Initiative) Act 2011
29
6 Paragraph 3(2)(c)
30
Repeal the paragraph, substitute:
31
(c) the Paris Agreement;
32
(d) any other international agreement.
33
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Climate Change (Consequential Amendments) Bill 2022
7
7 At the end of section 3
1
Add:
2
Australia's greenhouse gas emissions reduction targets
3
(6) The fifth object of this Act is to facilitate the achievement of
4
Australia's greenhouse gas emissions reduction targets.
5
8 Section 5
6
Insert:
7
Australia's greenhouse gas emissions reduction targets
means:
8
(a) if:
9
(i) Australia's current nationally determined contribution
10
was communicated in accordance with Article 4 of the
11
Paris Agreement in June 2022; and
12
(ii) that nationally determined contribution has not been
13
adjusted in accordance with paragraph 11 of Article 4 of
14
the Paris Agreement;
15
the greenhouse gas emissions reduction targets set out in
16
paragraphs 10(1)(a) and (b) of the
Climate Change Act 2022
;
17
or
18
(b) in any other case--the greenhouse gas emissions reduction
19
targets included in:
20
(i) Australia's current nationally determined contribution
21
communicated in accordance with Article 4 of the Paris
22
Agreement; or
23
(ii) if that nationally determined contribution has been
24
adjusted in accordance with paragraph 11 of Article 4 of
25
the Paris Agreement--that nationally determined
26
contribution, as adjusted and in force from time to time.
27
9 Section 5 (subparagraph (b)(ii) of the definition of eligible
28
carbon abatement)
29
Repeal the subparagraph, substitute:
30
(ii) the Paris Agreement.
31
Schedule 1
Amendments
Part 1
Amendments
8
Climate Change (Consequential Amendments) Bill 2022
No. , 2022
10 Section 5 (definition of eligible carbon abatement)
1
Omit "For the purposes of the application of the definition of
Kyoto
2
Protocol
to subparagraph (b)(i), if the Doha Amendment is not in force
3
for Australia, the Doha Amendment is taken to be in force for
4
Australia.".
5
11 Section 5
6
Insert:
7
Paris Agreement
means the Paris Agreement, done at Paris on
8
12 December 2015, as amended and in force for Australia from
9
time to time.
10
Note:
The Agreement is in Australian Treaty Series 2016 No. 24 ([2016]
11
ATS 24) and could in 2022 be viewed in the Australian Treaties
12
Library on the AustLII website (http://www.austlii.edu.au).
13
12 Section 5 (paragraph (d) of the definition of prescribed
14
eligible carbon unit)
15
Repeal the paragraph, substitute:
16
(d) the Paris Agreement; or
17
(e) any other international agreement.
18
13 Section 5 (definition of prescribed eligible carbon unit)
19
Omit "For the purposes of the application of the definition of
Kyoto
20
Protocol
to paragraph (c), if the Doha Amendment is not in force for
21
Australia, the Doha Amendment is taken to be in force for Australia.".
22
14 Subparagraph 273(d)(iii)
23
Repeal the subparagraph, substitute:
24
(iii) the Paris Agreement; or
25
(iv) any other international agreement relating to climate
26
change; or
27
15 Paragraph 273(e)
28
Omit "(if any) that is to be the successor (whether immediate or
29
otherwise) to the Kyoto Protocol", substitute "relating to climate
30
change".
31
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Climate Change (Consequential Amendments) Bill 2022
9
Clean Energy Finance Corporation Act 2012
1
16 At the end of section 3
2
Add "and to facilitate the achievement of Australia's greenhouse gas
3
emissions reduction targets".
4
17 Section 4
5
Insert:
6
Australia's greenhouse gas emissions reduction targets
means:
7
(a) if:
8
(i) Australia's current nationally determined contribution
9
was communicated in accordance with Article 4 of the
10
Paris Agreement in June 2022; and
11
(ii) that nationally determined contribution has not been
12
adjusted in accordance with paragraph 11 of Article 4 of
13
the Paris Agreement;
14
the greenhouse gas emissions reduction targets set out in
15
paragraphs 10(1)(a) and (b) of the
Climate Change Act 2022
;
16
or
17
(b) in any other case--the greenhouse gas emissions reduction
18
targets included in:
19
(i) Australia's current nationally determined contribution
20
communicated in accordance with Article 4 of the Paris
21
Agreement; or
22
(ii) if that nationally determined contribution has been
23
adjusted in accordance with paragraph 11 of Article 4 of
24
the Paris Agreement--that nationally determined
25
contribution, as adjusted and in force from time to time.
26
constitutional corporation
means a corporation to which
27
paragraph 51(xx) of the Constitution applies.
28
Paris Agreement
means the Paris Agreement, done at Paris on
29
12 December 2015, as amended and in force for Australia from
30
time to time.
31
Note:
The Agreement is in Australian Treaty Series 2016 No. 24 ([2016]
32
ATS 24) and could in 2022 be viewed in the Australian Treaties
33
Library on the AustLII website (http://www.austlii.edu.au).
34
Schedule 1
Amendments
Part 1
Amendments
10
Climate Change (Consequential Amendments) Bill 2022
No. , 2022
18 Section 10
1
Repeal the section, substitute:
2
10 Constitutional limits
3
(1) The Corporation may perform its functions only in accordance
4
with this section.
5
Main constitutional basis
6
(2) The Corporation may perform its functions with respect to external
7
affairs, including:
8
(a) to give effect to the Climate Change Convention and the
9
Paris Agreement, including by investing in clean energy
10
technologies that could reasonably be expected to control,
11
reduce or prevent anthropogenic emissions of greenhouse
12
gases; and
13
(b) to give effect to another international agreement to which
14
Australia is a party; and
15
(c) by way of performing its functions in a place outside
16
Australia.
17
Other constitutional bases
18
(3) In addition, the Corporation may perform its functions:
19
(a) with respect to:
20
(i) investing in constitutional corporations, or projects
21
undertaken by constitutional corporations, for the
22
purposes of the development or commercialisation of
23
clean energy technologies; or
24
(ii) investing in the use of clean energy technologies by
25
constitutional corporations; or
26
(iii) investing in constitutional corporations that supply
27
goods or services needed to develop or commercialise,
28
or needed for use in, clean energy technologies; or
29
(b) with respect to trade or commerce:
30
(i) between Australia and places outside Australia; or
31
(ii) among the States; or
32
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Climate Change (Consequential Amendments) Bill 2022
11
(iii) within a Territory, between a State and a Territory or
1
between 2 Territories; or
2
(c) with respect to the provision of a service, or financial
3
assistance, to:
4
(i) the Commonwealth; or
5
(ii) an authority of the Commonwealth;
6
for a purpose of the Commonwealth; or
7
(d) with respect to a Territory; or
8
(e) with respect to activities that are peculiarly adapted to the
9
government of a nation and cannot otherwise be carried on
10
for the benefit of the nation; or
11
(f) with respect to the executive power of the Commonwealth;
12
or
13
(g) with respect to matters incidental to the execution of any of
14
the legislative powers of the Parliament or the executive
15
power of the Commonwealth.
16
Meaning of terms
17
(4) A term used in this section and the Constitution has the same
18
meaning in this section as it has in the Constitution.
19
Clean Energy Regulator Act 2011
20
19 At the end of section 3
21
Add:
22
•
The regulations can also confer functions on the Regulator.
23
20 Section 4
24
Insert:
25
Australia's greenhouse gas emissions reduction targets
means:
26
(a) if:
27
(i) Australia's current nationally determined contribution
28
was communicated in accordance with Article 4 of the
29
Paris Agreement in June 2022; and
30
Schedule 1
Amendments
Part 1
Amendments
12
Climate Change (Consequential Amendments) Bill 2022
No. , 2022
(ii) that nationally determined contribution has not been
1
adjusted in accordance with paragraph 11 of Article 4 of
2
the Paris Agreement;
3
the greenhouse gas emissions reduction targets set out in
4
paragraphs 10(1)(a) and (b) of the
Climate Change Act 2022
;
5
or
6
(b) in any other case--the greenhouse gas emissions reduction
7
targets included in:
8
(i) Australia's current nationally determined contribution
9
communicated in accordance with Article 4 of the Paris
10
Agreement; or
11
(ii) if that nationally determined contribution has been
12
adjusted in accordance with paragraph 11 of Article 4 of
13
the Paris Agreement--that nationally determined
14
contribution, as adjusted and in force from time to time.
15
Paris Agreement
means the Paris Agreement, done at Paris on
16
12 December 2015, as amended and in force for Australia from
17
time to time.
18
Note:
The Agreement is in Australian Treaty Series 2016 No. 24 ([2016]
19
ATS 24) and could in 2022 be viewed in the Australian Treaties
20
Library on the AustLII website (http://www.austlii.edu.au).
21
21 After paragraph 12(b)
22
Insert:
23
(ba) such functions contributing towards the achievement of
24
Australia's greenhouse gas emissions reduction targets as are
25
conferred on the Regulator by the regulations;
26
22 After subsection 41(3)
27
Insert:
28
(3A) A direction under subsection (1) must not be inconsistent with
29
Australia's greenhouse gas emissions reduction targets.
30
Climate Change Authority Act 2011
31
23 Section 3
32
Omit:
33
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Climate Change (Consequential Amendments) Bill 2022
13
•
The Authority is to conduct reviews under:
1
(a)
the
Clean Energy Act 2011
; and
2
(b)
the
Carbon Credits (Carbon Farming Initiative) Act
3
2011
; and
4
(c)
the
National Greenhouse and Energy Reporting Act
5
2007
; and
6
(e)
this Act.
7
substitute:
8
•
The Authority is to conduct reviews under:
9
(a)
the
Carbon Credits (Carbon Farming Initiative) Act
10
2011
; and
11
(b)
the
National Greenhouse and Energy Reporting Act
12
2007
; and
13
(c)
this Act.
14
•
The Authority is to give advice under the
Climate Change Act
15
2022
.
16
24 Section 4
17
Insert:
18
Australia's greenhouse gas emissions reduction targets
means:
19
(a) if:
20
(i) Australia's current nationally determined contribution
21
was communicated in accordance with Article 4 of the
22
Paris Agreement in June 2022; and
23
(ii) that nationally determined contribution has not been
24
adjusted in accordance with paragraph 11 of Article 4 of
25
the Paris Agreement;
26
the greenhouse gas emissions reduction targets set out in
27
paragraphs 10(1)(a) and (b) of the
Climate Change Act 2022
;
28
or
29
(b) in any other case--the greenhouse gas emissions reduction
30
targets included in:
31
Schedule 1
Amendments
Part 1
Amendments
14
Climate Change (Consequential Amendments) Bill 2022
No. , 2022
(i) Australia's current nationally determined contribution
1
communicated in accordance with Article 4 of the Paris
2
Agreement; or
3
(ii) if that nationally determined contribution has been
4
adjusted in accordance with paragraph 11 of Article 4 of
5
the Paris Agreement--that nationally determined
6
contribution, as adjusted and in force from time to time.
7
25 Section 4 (definition of Climate Change Minister)
8
Omit "the
Clean Energy Act 2011
", substitute "this Act".
9
26 Section 4
10
Insert:
11
Paris Agreement
means the Paris Agreement, done at Paris on
12
12 December 2015, as amended and in force for Australia from
13
time to time.
14
Note:
The Agreement is in Australian Treaty Series 2016 No. 24 ([2016]
15
ATS 24) and could in 2022 be viewed in the Australian Treaties
16
Library on the AustLII website (http://www.austlii.edu.au).
17
27 Subparagraph 11(a)(i)
18
Repeal the subparagraph.
19
28 After paragraph 11(b)
20
Insert:
21
(ba) to give advice under Part 4 of the
Climate Change Act 2022
;
22
29 At the end of paragraph 12(a)
23
Add:
24
and (viii) take account of the matters set out in Article 2 of the
25
Paris Agreement;
26
30 Paragraph 57(4)(a)
27
Repeal the paragraph.
28
31 After subsection 57(4)
29
Insert:
30
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Climate Change (Consequential Amendments) Bill 2022
15
(4A) A direction under subsection (1) must not be inconsistent with
1
Australia's greenhouse gas emissions reduction targets.
2
32 Paragraph 82(l)
3
Repeal the paragraph, substitute:
4
(l) Part 4 of the
Climate Change Act 2022
; or
5
Export Finance and Insurance Corporation Act 1991
6
33 Subsection 3(1)
7
Insert:
8
Australia's greenhouse gas emissions reduction targets
means:
9
(a) if:
10
(i) Australia's current nationally determined contribution
11
was communicated in accordance with Article 4 of the
12
Paris Agreement in June 2022; and
13
(ii) that nationally determined contribution has not been
14
adjusted in accordance with paragraph 11 of Article 4 of
15
the Paris Agreement;
16
the greenhouse gas emissions reduction targets set out in
17
paragraphs 10(1)(a) and (b) of the
Climate Change Act 2022
;
18
or
19
(b) in any other case--the greenhouse gas emissions reduction
20
targets included in:
21
(i) Australia's current nationally determined contribution
22
communicated in accordance with Article 4 of the Paris
23
Agreement; or
24
(ii) if that nationally determined contribution has been
25
adjusted in accordance with paragraph 11 of Article 4 of
26
the Paris Agreement--that nationally determined
27
contribution, as adjusted and in force from time to time.
28
Paris Agreement
means the Paris Agreement, done at Paris on
29
12 December 2015, as amended and in force for Australia from
30
time to time.
31
Note:
The Agreement is in Australian Treaty Series 2016 No. 24 ([2016]
32
ATS 24) and could in 2022 be viewed in the Australian Treaties
33
Library on the AustLII website (http://www.austlii.edu.au).
34
Schedule 1
Amendments
Part 1
Amendments
16
Climate Change (Consequential Amendments) Bill 2022
No. , 2022
34 Subparagraph 8(2)(b)(iii)
1
After "agreements", insert "(including the Paris Agreement), and
2
Australia's greenhouse gas emissions reduction targets".
3
Greenhouse and Energy Minimum Standards Act 2012
4
35 Section 3
5
After "That Division also", insert "sets out the constitutional application
6
of this Act and".
7
36 After paragraph 4(a)
8
Insert:
9
(aa) to give effect to certain obligations that Australia has under
10
the Paris Agreement; and
11
37 Section 5
12
Insert:
13
Paris Agreement
means the Paris Agreement done at Paris on
14
12 December 2015, as amended and in force for Australia from
15
time to time.
16
Note:
The Paris Agreement is in Australian Treaty Series 2016 No. 24
17
([2016] ATS 24) and could in 2022 be viewed in the Australian
18
Treaties Library on the AustLII website (http://www.austlii.edu.au)
19
38 After section 7
20
Insert:
21
7A Constitutional application of this Act
22
Supplies of products
23
(1) This Act applies to the following supplies of a product:
24
(a) supply of the product, being a supply whose regulation is
25
reasonably appropriate and adapted to give effect to
26
Australia's obligations under:
27
(i) the Climate Change Convention; or
28
(ii) the Paris Agreement; or
29
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Climate Change (Consequential Amendments) Bill 2022
17
(iii) another agreement between Australia and one or more
1
other countries;
2
(b) supply of the product by or to a constitutional corporation;
3
(c) supply of the product in the course of constitutional trade or
4
commerce;
5
(d) supply of the product using a postal, telegraphic, telephonic,
6
or other like service (within the meaning of paragraph 51(v)
7
of the Constitution);
8
(e) supply of the product by or to the Commonwealth or a
9
Territory, or by or to an authority or instrumentality of the
10
Commonwealth or a Territory;
11
(f) supply of the product occurring in a Commonwealth place or
12
a Territory.
13
Note:
The expression
this Act
has an extended meaning (see the Dictionary
14
in section 5).
15
Offers to supply products
16
(2) This Act applies to the following offers to supply a product:
17
(a) an offer to supply the product, being an offer whose
18
regulation is reasonably appropriate and adapted to give
19
effect to Australia's obligations under:
20
(i) the Climate Change Convention; or
21
(ii) the Paris Agreement; or
22
(iii) another agreement between Australia and one or more
23
other countries;
24
(b) an offer to supply the product made by or to a constitutional
25
corporation;
26
(c) an offer to supply the product made in the course of
27
constitutional trade or commerce;
28
(d) an offer to supply the product made using a postal,
29
telegraphic, telephonic, or other like service (within the
30
meaning of paragraph 51(v) of the Constitution);
31
(e) an offer to supply the product made by or to the
32
Commonwealth or a Territory, or by or to an authority or
33
instrumentality of the Commonwealth or a Territory;
34
(f) an offer to supply the product occurring in a Commonwealth
35
place or a Territory.
36
Schedule 1
Amendments
Part 1
Amendments
18
Climate Change (Consequential Amendments) Bill 2022
No. , 2022
Uses of products
1
(3) This Act applies to the following uses of a product:
2
(a) use of the product for a commercial purpose, being a use
3
whose regulation is reasonably appropriate and adapted to
4
give effect to Australia's obligations under:
5
(i) the Climate Change Convention; or
6
(ii) the Paris Agreement; or
7
(iii) another agreement between Australia and one or more
8
other countries;
9
(b) use of the product for a commercial purpose by a
10
constitutional corporation;
11
(c) use of the product for a commercial purpose in the course of
12
constitutional trade or commerce;
13
(d) use of the product for a commercial purpose in providing a
14
postal, telegraphic, telephonic, or other like service (within
15
the meaning of paragraph 51(v) of the Constitution);
16
(e) use of the product for a commercial purpose by the
17
Commonwealth or a Territory, or by an authority or
18
instrumentality of the Commonwealth or a Territory;
19
(f) use of the product for a commercial purpose occurring in a
20
Commonwealth place or a Territory.
21
39 Section 15
22
Omit "Division 4 sets out general provisions about the supply and use
23
of GEMS products, and in particular the potential constitutional
24
limitations that might apply.".
25
40 Division 4 of Part 3
26
Repeal the Division.
27
Infrastructure Australia Act 2008
28
41 Section 3
29
Insert:
30
Australia's greenhouse gas emissions reduction targets
means:
31
(a) if:
32
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Climate Change (Consequential Amendments) Bill 2022
19
(i) Australia's current nationally determined contribution
1
was communicated in accordance with Article 4 of the
2
Paris Agreement in June 2022; and
3
(ii) that nationally determined contribution has not been
4
adjusted in accordance with paragraph 11 of Article 4 of
5
the Paris Agreement;
6
the greenhouse gas emissions reduction targets set out in
7
paragraphs 10(1)(a) and (b) of the
Climate Change Act 2022
;
8
or
9
(b) in any other case--the greenhouse gas emissions reduction
10
targets included in:
11
(i) Australia's current nationally determined contribution
12
communicated in accordance with Article 4 of the Paris
13
Agreement; or
14
(ii) if that nationally determined contribution has been
15
adjusted in accordance with paragraph 11 of Article 4 of
16
the Paris Agreement--that nationally determined
17
contribution, as adjusted and in force from time to time.
18
Paris Agreement
means the Paris Agreement, done at Paris on
19
12 December 2015, as amended and in force for Australia from
20
time to time.
21
Note:
The Agreement is in Australian Treaty Series 2016 No. 24 ([2016]
22
ATS 24) and could in 2022 be viewed in the Australian Treaties
23
Library on the AustLII website (http://www.austlii.edu.au).
24
42 At the end of paragraph 5(a)
25
Add:
26
and (iii) Australia's greenhouse gas emissions reduction targets;
27
43 After subparagraph 5B(1)(c)(ii)
28
Insert:
29
(iia) Australia's greenhouse gas emissions reduction targets;
30
and
31
44 Paragraph 5C(1)(ba)
32
After "climate change", insert ", including the achievement of
33
Australia's greenhouse gas emissions reduction targets".
34
Schedule 1
Amendments
Part 1
Amendments
20
Climate Change (Consequential Amendments) Bill 2022
No. , 2022
National Greenhouse and Energy Reporting Act 2007
1
45 Subsection 3(2)
2
Omit "ensure", substitute "contribute to the achievement of Australia's
3
greenhouse gas emissions reduction targets by ensuring".
4
46 Section 7
5
Insert:
6
Australia's greenhouse gas emissions reduction targets
means:
7
(a) if:
8
(i) Australia's current nationally determined contribution
9
was communicated in accordance with Article 4 of the
10
Paris Agreement in June 2022; and
11
(ii) that nationally determined contribution has not been
12
adjusted in accordance with paragraph 11 of Article 4 of
13
the Paris Agreement;
14
the greenhouse gas emissions reduction targets set out in
15
paragraphs 10(1)(a) and (b) of the
Climate Change Act 2022
;
16
or
17
(b) in any other case--the greenhouse gas emissions reduction
18
targets included in:
19
(i) Australia's current nationally determined contribution
20
communicated in accordance with Article 4 of the Paris
21
Agreement; or
22
(ii) if that nationally determined contribution has been
23
adjusted in accordance with paragraph 11 of Article 4 of
24
the Paris Agreement--that nationally determined
25
contribution, as adjusted and in force from time to time.
26
Paris Agreement
means the Paris Agreement, done at Paris on
27
12 December 2015, as amended and in force for Australia from
28
time to time.
29
Note:
The Agreement is in Australian Treaty Series 2016 No. 24 ([2016]
30
ATS 24) and could in 2022 be viewed in the Australian Treaties
31
Library on the AustLII website (http://www.austlii.edu.au).
32
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Climate Change (Consequential Amendments) Bill 2022
21
Northern Australia Infrastructure Facility Act 2016
1
47 Section 5
2
Insert:
3
Australia's greenhouse gas emissions reduction targets
means:
4
(a) if:
5
(i) Australia's current nationally determined contribution
6
was communicated in accordance with Article 4 of the
7
Paris Agreement in June 2022; and
8
(ii) that nationally determined contribution has not been
9
adjusted in accordance with paragraph 11 of Article 4 of
10
the Paris Agreement;
11
the greenhouse gas emissions reduction targets set out in
12
paragraphs 10(1)(a) and (b) of the
Climate Change Act 2022
;
13
or
14
(b) in any other case--the greenhouse gas emissions reduction
15
targets included in:
16
(i) Australia's current nationally determined contribution
17
communicated in accordance with Article 4 of the Paris
18
Agreement; or
19
(ii) if that nationally determined contribution has been
20
adjusted in accordance with paragraph 11 of Article 4 of
21
the Paris Agreement--that nationally determined
22
contribution, as adjusted and in force from time to time.
23
Paris Agreement
means the Paris Agreement, done at Paris on
24
12 December 2015, as amended and in force for Australia from
25
time to time.
26
Note:
The Agreement is in Australian Treaty Series 2016 No. 24 ([2016]
27
ATS 24) and could in 2022 be viewed in the Australian Treaties
28
Library on the AustLII website (http://www.austlii.edu.au).
29
48 Subparagraph 7(1A)(g)(ii)
30
Omit "or", substitute "and".
31
49 At the end of paragraph 7(1A)(g)
32
Add:
33
Schedule 1
Amendments
Part 1
Amendments
22
Climate Change (Consequential Amendments) Bill 2022
No. , 2022
(iii) contributing to the achievement of Australia's
1
greenhouse gas emissions reduction targets; or
2
Offshore Electricity Infrastructure Act 2021
3
50 Section 8
4
Insert:
5
Australia's greenhouse gas emissions reduction targets
means:
6
(a) if:
7
(i) Australia's current nationally determined contribution
8
was communicated in accordance with Article 4 of the
9
Paris Agreement in June 2022; and
10
(ii) that nationally determined contribution has not been
11
adjusted in accordance with paragraph 11 of Article 4 of
12
the Paris Agreement;
13
the greenhouse gas emissions reduction targets set out in
14
paragraphs 10(1)(a) and (b) of the
Climate Change Act 2022
;
15
or
16
(b) in any other case--the greenhouse gas emissions reduction
17
targets included in:
18
(i) Australia's current nationally determined contribution
19
communicated in accordance with Article 4 of the Paris
20
Agreement; or
21
(ii) if that nationally determined contribution has been
22
adjusted in accordance with paragraph 11 of Article 4 of
23
the Paris Agreement--that nationally determined
24
contribution, as adjusted and in force from time to time.
25
Paris Agreement
means the Paris Agreement, done at Paris on
26
12 December 2015, as amended and in force for Australia from
27
time to time.
28
Note:
The Agreement is in Australian Treaty Series 2016 No. 24 ([2016]
29
ATS 24) and could in 2022 be viewed in the Australian Treaties
30
Library on the AustLII website (http://www.austlii.edu.au).
31
51 At the end of subsection 19(1)
32
Add:
33
; (e) Australia's greenhouse gas emissions reduction targets.
34
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Climate Change (Consequential Amendments) Bill 2022
23
52 At the end of subsection 22(3)
1
Add:
2
; (e) Australia's greenhouse gas emissions reduction targets.
3
53 At the end of subsection 23(3)
4
Add:
5
; (e) Australia's greenhouse gas emissions reduction targets.
6
54 After paragraph 26(3)(b)
7
Insert:
8
(ba) must have regard to Australia's greenhouse gas emissions
9
reduction targets; and
10
Renewable Energy (Electricity) Act 2000
11
55 Section 3
12
Omit:
13
The objects of this Act are:
14
(a)
to encourage the additional generation of electricity
15
from renewable sources; and
16
(b)
to reduce emissions of greenhouse gases in the
17
electricity sector; and
18
(c)
to ensure that renewable energy sources are ecologically
19
sustainable.
20
substitute:
21
The objects of this Act are:
22
(a)
to encourage the additional generation of electricity
23
from renewable sources; and
24
(b)
to reduce emissions of greenhouse gases in the
25
electricity sector; and
26
(c)
to ensure that renewable energy sources are ecologically
27
sustainable; and
28
(d)
to contribute to the achievement of Australia's
29
greenhouse gas emissions reduction targets.
30
Schedule 1
Amendments
Part 1
Amendments
24
Climate Change (Consequential Amendments) Bill 2022
No. , 2022
56 Subsection 5(1)
1
Insert:
2
Australia's greenhouse gas emissions reduction targets
means:
3
(a) if:
4
(i) Australia's current nationally determined contribution
5
was communicated in accordance with Article 4 of the
6
Paris Agreement in June 2022; and
7
(ii) that nationally determined contribution has not been
8
adjusted in accordance with paragraph 11 of Article 4 of
9
the Paris Agreement;
10
the greenhouse gas emissions reduction targets set out in
11
paragraphs 10(1)(a) and (b) of the
Climate Change Act 2022
;
12
or
13
(b) in any other case--the greenhouse gas emissions reduction
14
targets included in:
15
(i) Australia's current nationally determined contribution
16
communicated in accordance with Article 4 of the Paris
17
Agreement; or
18
(ii) if that nationally determined contribution has been
19
adjusted in accordance with paragraph 11 of Article 4 of
20
the Paris Agreement--that nationally determined
21
contribution, as adjusted and in force from time to time.
22
Paris Agreement
means the Paris Agreement, done at Paris on
23
12 December 2015, as amended and in force for Australia from
24
time to time.
25
Note:
The Agreement is in Australian Treaty Series 2016 No. 24 ([2016]
26
ATS 24) and could in 2022 be viewed in the Australian Treaties
27
Library on the AustLII website (http://www.austlii.edu.au).
28
Science and Industry Research Act 1949
29
57 Section 7
30
Insert:
31
Paris Agreement
means the Paris Agreement, done at Paris on
32
12 December 2015, as amended and in force for Australia from
33
time to time.
34
Amendments
Schedule 1
Amendments
Part 1
No. , 2022
Climate Change (Consequential Amendments) Bill 2022
25
Note:
The Agreement is in Australian Treaty Series 2016 No. 24 ([2016]
1
ATS 24) and could in 2022 be viewed in the Australian Treaties
2
Library on the AustLII website (http://www.austlii.edu.au).
3
58 After subparagraph 9(1)(a)(iii)
4
Insert:
5
(iiia) contributing to giving effect to Australia's obligations
6
under the Paris Agreement;
7
Schedule 1
Amendments
Part 2
Transitional
26
Climate Change (Consequential Amendments) Bill 2022
No. , 2022
Part 2--Transitional
1
59 Transitional
--infrastructure plans
2
The amendment of section 5B of the
Infrastructure Australia Act 2008
3
made by this Schedule does not affect the continuity of a plan that was
4
given to the Minister (within the meaning of that Act) before the
5
commencement of this item.
6