Liability for Climate Change Damage (Make the Polluters Pay) Bill 2021 [2021] AUSStaCSBSD 111 (16 June 2021)

• Liability for Climate Change Damage (Make the Polluters Pay) Bill 2021
• Retrospective application80

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Liability for Climate Change Damage (Make the Polluters Pay) Bill 2021

Purpose	This bill seeks to make fossil fuel companies liable for climate change damage, giving victims of climate change, such as the 2019–2020 bushfire survivors, the right to bring an action against thermal coal, oil and gas companies for climate change damage
Sponsor	Mr Adam Bandt MP
Introduced	House of Representatives on 24 May 2021

Retrospective application^[80]

1.105 The bill seeks to allow persons to bring an action against a major emitter for climate change damage suffered by the person. Clause 10 of the bill provides that the provisions of the bill would apply in relation to climate change damage suffered on or after 1 July 2019.

1.106 The committee has a long-standing scrutiny concern about provisions that have the effect of applying retrospectively, as it challenges a basic value of the rule of law that, in general, laws should only operate prospectively (not retrospectively). The committee has a particular concern if the legislation will, or might, have a detrimental effect on individuals.

1.107 Generally, where proposed legislation will have a retrospective effect the committee expects the explanatory materials should set out the reasons why retrospectivity is sought, and whether any persons are likely to be adversely affected and the extent to which their interests are likely to be affected. In this instance, the explanatory memorandum notes the retrospective application and states that it ensures that 'victims of the 2019-20 bushfires are able to utilise the Act.'^[81]

1.108 The committee draws this matter to the attention of senators and leaves to the Senate as a whole the appropriateness of providing for the bill to apply retrospectively in relation to climate change damage suffered on or after 1 July 2019.

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[80] Clause 10. The committee draws senators’ attention to this provision pursuant to Senate Standing Order 24(1)(a)(i).

[81] Explanatory memorandum, p. 7.