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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 Bill 2022
No. , 2022
(Climate Change, Energy, the Environment and Water)
A Bill for an Act to set out Australia's greenhouse
gas emissions reduction targets, to provide for
annual climate change statements, to confer
advisory functions on the Climate Change
Authority, and for related purposes
No. , 2022
Climate Change Bill 2022
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Objects ............................................................................................... 2
4
Simplified outline of this Act ............................................................ 3
5
Definitions ......................................................................................... 3
6
Act binds the Crown .......................................................................... 4
7
Extension to external Territories ....................................................... 4
8
Extension to exclusive economic zone and continental shelf ............ 4
Part 2--Australia's greenhouse gas emissions reduction targets
5
9
Simplified outline of this Part ............................................................ 5
10
Australia's greenhouse gas emissions reduction targets .................... 5
Part 3--Annual climate change statement
7
11
Simplified outline of this Part ............................................................ 7
12
Annual climate change statement ...................................................... 7
Part 4--Advisory functions of the Climate Change Authority
8
13
Simplified outline of this Part ............................................................ 8
14
Climate Change Authority to give the Minister advice that
relates to the preparation of an annual climate change
statement ............................................................................................ 8
15
Climate Change Authority to advise the Minister on
greenhouse gas emissions reduction targets to be included in
a new or adjusted nationally determined contribution ....................... 9
Part 5--Periodic reviews of the operation of this Act
11
16
Simplified outline of this Part .......................................................... 11
17
Periodic reviews of the operation of this Act ................................... 11
No. , 2022
Climate Change Bill 2022
1
A Bill for an Act to set out Australia's greenhouse
1
gas emissions reduction targets, to provide for
2
annual climate change statements, to confer
3
advisory functions on the Climate Change
4
Authority, and for related purposes
5
The Parliament of Australia enacts:
6
Part 1--Preliminary
7
8
1 Short title
9
This Act is the
Climate Change Act 2022
.
10
Part 1
Preliminary
Section 2
2
Climate Change Bill 2022
No. , 2022
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Objects
13
The objects of this Act are:
14
(a) to set out Australia's greenhouse gas emissions reduction
15
targets which contribute to the global goals of:
16
(i) holding the increase in the global average temperature
17
to well below 2°C above pre-industrial levels; and
18
(ii) pursuing efforts to limit the temperature increase to
19
1.5°C above pre-industrial levels; and
20
(b) to promote accountability by requiring the Minister to:
21
(i) prepare annual climate change statements; and
22
(ii) cause copies of those statements to be tabled in each
23
House of the Parliament; and
24
(c) to ensure that independent advice from the Climate Change
25
Authority informs:
26
(i) the preparation of annual climate change statements;
27
and
28
Preliminary
Part 1
Section 4
No. , 2022
Climate Change Bill 2022
3
(ii) the greenhouse gas emissions reduction targets to be
1
included in a new or adjusted nationally determined
2
contribution.
3
4 Simplified outline of this Act
4
•
This Act sets out Australia's greenhouse gas emissions
5
reduction targets.
6
•
The Minister must prepare an annual climate change
7
statement.
8
•
The Climate Change Authority is to give the Minister advice
9
that relates to the preparation of an annual climate change
10
statement.
11
•
The Climate Change Authority is to advise the Minister on
12
greenhouse gas emissions reduction targets to be included in a
13
new or adjusted nationally determined contribution.
14
•
There are to be periodic reviews of the operation of this Act.
15
5 Definitions
16
In this Act:
17
annual climate change statement
means a statement under
18
subsection 12(1).
19
Australia's greenhouse gas emissions reduction targets
has the
20
meaning given by section 10.
21
Australia's nationally determined contribution
means:
22
(a) Australia's current nationally determined contribution
23
communicated in accordance with Article 4 of the Paris
24
Agreement; or
25
(b) if that nationally determined contribution has been adjusted
26
in accordance with paragraph 11 of Article 4 of the Paris
27
Part 1
Preliminary
Section 6
4
Climate Change Bill 2022
No. , 2022
Agreement--that nationally determined contribution, as
1
adjusted and in force from time to time.
2
Paris Agreement
means the Paris Agreement, done at Paris on
3
12 December 2015, as amended and in force for Australia from
4
time to time.
5
Note:
The Agreement is in Australian Treaty Series 2016 No. 24 ([2016]
6
ATS 24) and could in 2022 be viewed in the Australian Treaties
7
Library on the AustLII website (http://www.austlii.edu.au).
8
6 Act binds the Crown
9
This Act binds the Crown in right of the Commonwealth.
10
However, it does not bind the Crown in right of a State, of the
11
Australian Capital Territory or of the Northern Territory.
12
7 Extension to external Territories
13
This Act extends to every external Territory.
14
8 Extension to exclusive economic zone and continental shelf
15
This Act extends to a matter relating to the exercise of Australia's
16
sovereign rights in the exclusive economic zone or the continental
17
shelf.
18
Australia's greenhouse gas emissions reduction targets
Part 2
Section 9
No. , 2022
Climate Change Bill 2022
5
Part 2--Australia's greenhouse gas emissions
1
reduction targets
2
3
9 Simplified outline of this Part
4
•
This Part sets out Australia's greenhouse gas emissions
5
reduction targets.
6
10 Australia's greenhouse gas emissions reduction targets
7
(1) Australia's greenhouse gas emissions reduction targets are as
8
follows:
9
(a) reducing Australia's net greenhouse gas emissions to 43%
10
below 2005 levels by 2030:
11
(i) implemented as a point target; and
12
(ii) implemented as an emissions budget covering the
13
period 2021-2030;
14
(b) reducing Australia's net greenhouse gas emissions to zero by
15
2050.
16
Note:
The achievement of a target involves reducing Australia's net
17
greenhouse gas emissions to a level that is at or below the target.
18
(2) Subsection (1) is to be interpreted in a manner consistent with:
19
(a) the Paris Agreement; and
20
(b) Australia's nationally determined contribution.
21
Concurrent operation of State and Territory laws
22
(3) Subsection (1) is not intended to exclude or limit the operation of a
23
law of a State or Territory that is capable of operating concurrently
24
with this Act.
25
Executive power of the Commonwealth
26
(4) Subsection (1) does not prevent or limit the exercise of the
27
executive power of the Commonwealth to:
28
Part 2
Australia's greenhouse gas emissions reduction targets
Section 10
6
Climate Change Bill 2022
No. , 2022
(a) prepare and communicate a new nationally determined
1
contribution in accordance with Article 4 of the Paris
2
Agreement; or
3
(b) adjust Australia's nationally determined contribution in
4
accordance with paragraph 11 of Article 4 of the Paris
5
Agreement.
6
(5) If the Commonwealth prepares and communicates a new nationally
7
determined contribution in accordance with Article 4 of the Paris
8
Agreement, the new nationally determined contribution must
9
represent a progression beyond:
10
(a) Australia's then current nationally determined contribution
11
communicated in accordance with Article 4 of the Paris
12
Agreement; or
13
(b) if that nationally determined contribution has been adjusted
14
in accordance with paragraph 11 of Article 4 of the Paris
15
Agreement--that nationally determined contribution, as
16
adjusted and in force from time to time.
17
(6) If the Commonwealth adjusts Australia's nationally determined
18
contribution in accordance with paragraph 11 of Article 4 of the
19
Paris Agreement, the adjusted nationally determined contribution
20
must represent an enhancement of Australia's level of ambition.
21
Annual climate change statement
Part 3
Section 11
No. , 2022
Climate Change Bill 2022
7
Part 3--Annual climate change statement
1
2
11 Simplified outline of this Part
3
•
The Minister must prepare an annual climate change
4
statement.
5
•
A copy of an annual climate change statement is to be tabled
6
in each House of the Parliament.
7
12 Annual climate change statement
8
(1) Within 6 months after the end of each financial year, the Minister
9
must prepare a statement that relates to:
10
(a) the progress made during the year towards achieving
11
Australia's greenhouse gas emissions reduction targets; and
12
(b) international developments during the year that are relevant
13
to addressing climate change; and
14
(c) climate change policy; and
15
(d) the effectiveness of the Commonwealth's climate change
16
policies in contributing to the achievement of Australia's
17
greenhouse gas emissions reduction targets.
18
(2) A statement under subsection (1) is to be known as an
annual
19
climate change statement
.
20
(3) The Minister must cause a copy of an annual climate change
21
statement to be tabled in each House of the Parliament within 5
22
sitting days of that House after the completion of the preparation of
23
the statement.
24
Part 4
Advisory functions of the Climate Change Authority
Section 13
8
Climate Change Bill 2022
No. , 2022
Part 4--Advisory functions of the Climate Change
1
Authority
2
3
13 Simplified outline of this Part
4
•
The Climate Change Authority is to give the Minister advice
5
that relates to the preparation of an annual climate change
6
statement.
7
•
The Climate Change Authority is to advise the Minister on
8
greenhouse gas emissions reduction targets to be included in a
9
new or adjusted nationally determined contribution.
10
14 Climate Change Authority to give the Minister advice that relates
11
to the preparation of an annual climate change statement
12
(1) The Climate Change Authority must give the Minister advice that
13
relates to the preparation of an annual climate change statement.
14
(2) If a period is:
15
(a) specified in an agreement between the Minister and the
16
Climate Change Authority; and
17
(b) designated by the agreement as the advice period for a
18
particular annual climate change statement;
19
advice under subsection (1) that relates to the preparation of the
20
annual climate change statement must be given within the advice
21
period designated by the agreement.
22
(3) In considering advice to be given to the Minister under
23
subsection (1), the Climate Change Authority may make provision
24
for public consultation.
25
(4) If the Climate Change Authority gives the Minister advice under
26
subsection (1) that relates to the preparation of a particular annual
27
climate change statement, the Minister must have regard to that
28
advice in preparing that statement.
29
Advisory functions of the Climate Change Authority
Part 4
Section 15
No. , 2022
Climate Change Bill 2022
9
(5) Subsection (4) does not prevent the Minister from having regard to
1
other advice.
2
(6) If the Climate Change Authority gives the Minister written advice
3
under subsection (1), the Climate Change Authority must publish a
4
copy of that advice on its website.
5
(7) If:
6
(a) the Climate Change Authority gives the Minister written
7
advice under subsection (1) that relates to the preparation of a
8
particular annual climate change statement; and
9
(b) the Minister decides not to accept one or more material
10
aspects of that advice;
11
then:
12
(c) the Minister must prepare a written statement of reasons for
13
the decision not to accept those aspects of that advice; and
14
(d) the Minister must cause a copy of the statement of reasons to
15
be tabled in each House of the Parliament within 5 sitting
16
days of that House after the completion of the preparation of
17
the annual climate change statement.
18
15 Climate Change Authority to advise the Minister on greenhouse
19
gas emissions reduction targets to be included in a new or
20
adjusted nationally determined contribution
21
(1) The Climate Change Authority must, if requested to do so by the
22
Minister, advise the Minister on either or both of the following
23
matters:
24
(a) the greenhouse gas emissions reduction targets that the
25
Climate Change Authority considers should be included in a
26
new nationally determined contribution to be communicated
27
by Australia in accordance with Article 4 of the Paris
28
Agreement;
29
(b) the greenhouse gas emissions reduction targets that the
30
Climate Change Authority considers should be included in
31
Australia's nationally determined contribution as the result of
32
an adjustment to be made in accordance with paragraph 11 of
33
Article 4 of the Paris Agreement.
34
Part 4
Advisory functions of the Climate Change Authority
Section 15
10
Climate Change Bill 2022
No. , 2022
(2) The Minister must request advice under subsection (1) on the
1
matter mentioned in paragraph (1)(a) at least once every 5 years.
2
(3) In considering advice to be given to the Minister under
3
subsection (1), the Climate Change Authority must make provision
4
for public consultation.
5
(4) In considering:
6
(a) the greenhouse gas emissions reduction targets that should be
7
included in a new nationally determined contribution to be
8
communicated by Australia in accordance with Article 4 of
9
the Paris Agreement; or
10
(b) the greenhouse gas emissions reduction targets that should be
11
included in Australia's nationally determined contribution as
12
the result of an adjustment to be made in accordance with
13
paragraph 11 of Article 4 of the Paris Agreement;
14
the Minister must have regard to any relevant advice given by the
15
Climate Change Authority under subsection (1).
16
(5) Subsection (4) does not prevent the Minister from having regard to
17
other advice.
18
(6) If the Climate Change Authority gives the Minister written advice
19
under subsection (1), the Climate Change Authority must publish a
20
copy of that advice on its website.
21
(7) If the Climate Change Authority gives the Minister written advice
22
under subsection (1):
23
(a) the Minister must, within 6 months after that advice was
24
given, prepare a written statement setting out:
25
(i) the Minister's response to that advice; and
26
(ii) if the Minister has decided not to accept that advice--
27
the reasons for the decision not to accept that advice;
28
and
29
(b) the Minister must cause a copy of the statement to be tabled
30
in each House of the Parliament within 15 sitting days of that
31
House after the preparation of the statement.
32
Periodic reviews of the operation of this Act
Part 5
Section 16
No. , 2022
Climate Change Bill 2022
11
Part 5--Periodic reviews of the operation of this
1
Act
2
3
16 Simplified outline of this Part
4
•
There are to be periodic reviews of the operation of this Act.
5
17 Periodic reviews of the operation of this Act
6
(1) The Minister must cause independent reviews to be conducted of
7
the operation of this Act.
8
Public consultation
9
(2) A review under subsection (1) must make provision for public
10
consultation.
11
Report
12
(3) The person or persons who conduct the review must give the
13
Minister a written report of the review.
14
(4) The Minister must cause copies of a report under subsection (3) to
15
be tabled in each House of the Parliament within 15 sitting days of
16
that House after the review is completed.
17
First review
18
(5) The first review under subsection (1) must be completed within 5
19
years after the commencement of this section.
20
Subsequent reviews
21
(6) Each subsequent review under subsection (1) must be completed
22
within 10 years after the completion of the previous review.
23
Part 5
Periodic reviews of the operation of this Act
Section 17
12
Climate Change Bill 2022
No. , 2022
When review is completed
1
(7) For the purposes of subsections (4), (5) and (6), a review is
2
completed when the report of the review is given to the Minister
3
under subsection (3).
4