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2022
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
CLIMATE CHANGE BILL 2022
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Climate Change and Energy,
the Honourable Chris Bowen MP)
TABLE OF CONTENTS
GLOSSARY 1
OUTLINE 2
FINANCIAL IMPACT STATEMENT 4
CONSULTATION 4
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS 5
NOTES ON CLAUSES 6
Part 1 - Preliminary 6
Part 2--Australia's greenhouse gas emissions reduction targets 8
Part 3--Annual climate change statement 10
Part 4--Advisory functions of the Climate Change Authority 12
Part 5-- Periodic reviews of the operation of this Act 14
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GLOSSARY
Abbreviation Definition
Authority Climate Change Authority
bill or main bill Climate Change Bill 2022
Consequential Amendments bill Climate Change (Consequential
Amendments) Bill 2022
DCCEEW or Department Department of Climate Change, Energy, the
Environment and Water
IPCC Intergovernmental Panel on Climate Change
NDC or nationally determined contribution Australia's Nationally Determined
Contribution under Article 4 of the Paris
Agreement
Paris Agreement The Paris Agreement, done at Paris on 12
December 2015, as amended and in force
for Australia from time to time. The Paris
Agreement may be found in Australian
Treaty Series 2016 No. 24 ([2016] ATS 24)
UN United Nations
UNFCCC United Nations Framework Convention on
Climate Change
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CLIMATE CHANGE BILL 2022
OUTLINE
Climate change is already having significant and visible impacts in Australia, in our region,
and across the globe. Increased and immediate action is needed to avoid the most catastrophic
impacts of climate change, and for the objectives of the Paris Agreement - to keep global
temperature rise this century well under 2 degrees Celsius above pre-industrial levels, and
pursue efforts to keep warming to 1.5 degrees Celsius - to remain within reach.
Limiting global temperature increase is in Australia's interest, and the world's. The
Intergovernmental Panel on Climate Change (IPCC) in its Sixth Assessment Report provides
clear scientific basis for increased ambition, urgent action and a focus on the transition to a
net zero emissions world. The IPCC's 2022 Impacts, Adaptation and Vulnerability found that
global warming, reaching 1.5°C in the near-term, would cause unavoidable increases in
multiple climate hazards and present multiple risks to ecosystems and humans. In their
Mitigation of Climate Change report (2022), the IPCC concluded that the world is not on
track to limit global warming to 1.5 or 2 degrees Celsius on the basis of current policies.
Under the Paris Agreement, to which Australia is a Party, countries are required to
communicate their Nationally Determined Contribution, or NDC, which sets out their
emissions reduction ambitions. On 16 June 2022, Australia communicated its updated NDC
under Article 4 of the Paris Agreement to the UN. This updated NDC included confirmation
of Australia's commitment to achieve net zero emissions by 2050, and a new, increased, 2030
target of 43% below 2005 levels by 2030.
While Australia's emissions reduction commitments are clearly described in its updated
NDC, these emissions reduction targets for the country as a whole have not yet been
cemented in legislation. Doing so will facilitate real emissions reduction - the IPCC's 2022
Mitigation of Climate Change report found that climate laws enable mitigation action by
signalling the direction of travel, setting targets, mainstreaming mitigation into sector
policies, enhancing regulatory certainty, creating focal points for social mobilisation and
attracting international finance.
This bill will ensure that Australia's emissions reduction targets are not just recorded in
international settings, but are clearly stated in Australia's domestic law. As reflected in the
objects clause of the bill, Australia's emissions reduction targets will contribute to the global
goals of keeping global temperature rise this century well under 2 degrees Celsius above pre-
industrial levels, and pursuing efforts to keep warming to 1.5 degrees Celsius. Formalising
the targets in legislation will deliver certainty to the Australian community about what these
commitments are, and underscore their importance to the future of this country. The targets
set a floor on Australia's emissions reduction ambition, not a ceiling. There is nothing in this
bill that would prevent these targets being surpassed or achieved early.
This bill will also enhance transparency and accountability by way of an annual climate
change statement to Parliament given by the Minister. This will ensure that the Parliament,
and the Australian community, are informed and kept up to date about Australia's progress
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towards meeting these targets, as well as about relevant international developments, climate
change policy, and the effectiveness of Commonwealth measures in contributing to the
achievement of the targets. This accountability and transparency will be reinforced by the
requirement for the Climate Change Authority to provide advice to the Minister that relates to
the annual statement. The Climate Change Authority shall also provide advice to the
Minister, at least once every 5 years, on the greenhouse gas emission reduction targets it
considers should be included in any new NDC under the Paris Agreement, and must also
provide advice if requested by the Minister on the greenhouse gas emission reduction targets
it considers should be included in an updated NDC.
The Climate Change Authority's advice, both relating to the annual statement and to new or
updated targets in a NDC, must be published. This does not prevent the Minister from
seeking further or other advice, but does ensure the Minister receives and has regard to the
expert advice of the Climate Change Authority, and ensures that this advice shall be publicly
available. The public nature of the advice, in addition to the public consultation that must
take place about advice on new or updated targets to be included in an NDC, and any public
consultation that takes place in relation to an advice to the Minister relating to an annual
climate change statement, further embeds transparency and accountability on these matters of
paramount national importance.
Additionally, if the Minister does not follow, or disagrees with, the advice of the Climate
Change Authority then the Minister must explain why - with that explanation then being
tabled in Parliament. Further, the bill provides the Minister must request advice on the targets
to be included in a new NDC at least once every 5 years. A response to the Climate Change
Authority's advice on targets must be tabled in Parliament within 6 months of that advice -
and must include reasons if the Minister has not accepted the Climate Change Authority's
advice.
Finally, there will be periodic independent reviews of how this bill is operating, with the first
such review to take place within 5 years, and thereafter every 10 years. There will be public
consultation for those reviews, further embedding accountability and ensuring that a range of
views are obtained on how the legislation is operating. The reports of those reviews will be
tabled in Parliament.
The bill informs and is complemented by the Consequential Amendments Bill, which embeds
considerations relating to the emissions reduction targets and Paris Agreement into the
objectives and/or functions of key agencies and government departments delivering programs
and policies contributing to emissions reduction. This will help deliver real emissions
reductions and facilitate the vital transition to net zero. The government is separately working
to implement a range of new policies and programs, including Rewiring the Nation, an
enhanced safeguard mechanism, and Australia's first electric vehicle strategy to drive the
emissions reductions necessary to meet these targets.
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FINANCIAL IMPACT STATEMENT
There is no financial impact associated with this Bill. The Government's Powering Australia
plan includes a separate commitment to ensure the Climate Change Authority is adequately
resourced for all of its functions, which will be addressed through the government's budget
process.
CONSULTATION
The 2050 greenhouse gas emissions reduction target was adopted by the previous
government, following consultation and modelling that informed the development of the
Long Term Emissions Reduction Plan released in October 2021. The government, while in
opposition, engaged with key stakeholders and the Australian community to develop the
Powering Australia plan and 2030 greenhouse gas emissions reduction target it took to the
election. Comprehensive modelling was released with the Powering Australia plan to outline
the impacts of policies to achieve the targets. A broad set of industry and community groups
were present to witness the signing of Australia's updated NDC on 16 June 2022.
The content of the Bill was announced at the National Press Club on 29 June 2022. The
Climate Change Authority was consulted in relation to the Climate Change Bill.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Climate Change Bill 2022
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Climate Change Bill 2022
The Bill has five key elements:
• First, to set in legislation Australia's greenhouse gas emissions reduction targets,
being a 43% reduction from 2005 levels by 2030 and net zero emissions by 2050;
• Second, to require the Minister for Climate Change to deliver an annual statement to
Parliament describing Australia's progress towards achieving its emissions reduction
targets, relevant international developments, climate change policy and the
effectiveness of Commonwealth climate change policies in contributing to achieving
the targets;
• Third, to provide that the Climate Change Authority give the Minister advice in
relation to the annual statement;
• Fourth, to provide that the Climate Change Authority advise the Minister at least
every five years in relation to the setting of future emissions reduction targets to be
included in new Nationally Determined Contributions, and to advise the Minister in
relation to emissions reduction targets in adjusted Nationally Determined
Contributions.
• Fifth, to provide for periodic reviews of the operation of the legislation.
The Bill requires the publication of advice from the Climate Change Authority to the
Minister, the tabling in Parliament of the Minister's annual climate change statement, and for
a response from the Minister tabled in Parliament in the event the Minister does not follow
the Climate Change Authority's advice.
Human rights implications
The Australian Government recognises that climate change can impact upon the enjoyment of
human rights. This Bill is consistent with the relevant human rights set out in those treaties to
which Australia is a party.
Conclusion
This Bill is compatible with human rights because it promotes the protection of human rights.
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CLIMATE CHANGE BILL 2022
NOTES ON CLAUSES
Part 1 - Preliminary
Clause 1: Short title
1. This clause provides for the Bill, when enacted, to be cited as the Climate Change
Act 2022.
Clause 2: Commencement
2. The table in this clause sets out the commencement date for when the Bill's
provisions commence. The Bill commences on the day after the Royal Assent. The
intention is that the Bill commences in 2022 and an annual climate change statement
would be tabled in late 2022 or early 2023.
Clause 3: Objects
3. This clause describes the objects of this Bill. The objects include reference to the
temperature goals in Article 2 of the Paris Agreement, which are to hold the increase
in the global average temperature to well below 2°C above pre-industrial levels, and
pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels.
It also underscores the goal of the Bill to ensure that the government is held
accountable for its progress towards meeting the targets and for its climate change
policies generally, by way of the process of independent advice from the Climate
Change Authority and the annual statement process.
Clause 4: Simplified outline of this Act
4. The simplified outline assists readers by describing the key components of the Act:
a. the 2030 and 2050 greenhouse gas emissions reduction targets;
b. the annual climate change statement;
c. the Climate Change Authority's advice on progress and other matters in the
annual climate change statement;
d. the Climate Change Authority's advice on future greenhouse gas emission
reduction targets; and
e. periodic reviews of the operation of the Act.
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Clause 5: Definitions
5. This clause defines 4 terms used in the Bill. The terms annual climate change
statement and Australia's greenhouse emissions reduction targets are signpost
definitions to cross reference the sections that define those terms.
6. The Paris Agreement is defined to mean the agreement done in Paris on 12
December 2015 and any subsequent amendments that are in force for Australia.
Background information and the text of the agreement is freely available from:
https://unfccc.int/process-and-meetings/the-paris-agreement/the-paris-agreement
7. Australia's nationally determined contribution is defined to capture Australia's
nationally determined contribution submitted to the Paris Agreement Secretariat on
16 June 2022 and any subsequent nationally determined contributions or adjustments
made in accordance with paragraph 11 of Article 4 of the Paris Agreement - that is,
that a reference to the current nationally determined contribution is intended to refer
to the nationally determined contribution that is current and applicable from time to
time. This ensures definitions and terms in the Bill remain consistent with Australia's
international obligations as in force from time to time. The Paris Agreement is
designed so that Parties' successive nationally determined contributions are a
progression over time and any adjustments are with a view to enhancing the level of
ambition in those contributions. Relevantly, references to 'new nationally determined
contributions' in the Bill are intended to cover the 'successive' nationally determined
contributions referenced in Articles 4.2 and 4.3 of the Paris Agreement and
'adjusted' nationally determined contributions are those referenced in Article 4.11 of
the Paris Agreement. Australia's nationally determined contribution is freely
accessible at: https://unfccc.int/NDCREG
Clause 6: Act binds the Crown
8. The clause provides for the Bill to bind the Crown in right of the Commonwealth as
the Bill creates obligations for the relevant Minister to prepare an annual climate
change statement and for the Climate Change Authority to provide advice on both
that statement and future targets. There are no separate obligations in the Bill on
States and Territories and subclause 10(3) ensures that the Bill will not 'cover the
field' to unintentionally impact emissions reduction targets and policies under State
and Territory laws.
Clause 7: Extension to external Territories
9. This clause extends the Bill to all relevant external Territories, noting that the
emissions in these territories contribute to Australia's National Greenhouse Gas
Inventory used to determine the achievement of the greenhouse gas emissions
reduction targets. This does not preclude the inclusion of other emissions in
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Australia's National Greenhouse Gas Inventory where necessary to comply with
relevant rules and requirements for inventories under the Paris Agreement.
Clause 8: Extension to exclusive economic zone and continental shelf
10. This clause extends the Bill to the exercise of Australia's sovereign rights in the
exclusive economic zone or the continental shelf. Emissions from these areas may
also contribute to Australia's National Greenhouse Gas Inventory, noting that
emissions from international aviation and maritime transport (also known as
international bunker fuel emissions) are excluded from national totals.
Part 2--Australia's greenhouse gas emissions reduction targets
Clause 9: Simplified outline of this Part
11. This clause assists the reader with a simplified outline of the Part which is to set out
Australia's greenhouse gas emission reduction targets.
Clause 10: Australia's greenhouse gas emissions reduction targets
12. This clause provides for Australia's 2030 and 2050 greenhouse gas emissions
reduction targets, to be interpreted consistently with the Paris Agreement and
Australia's nationally determined contribution. Both targets are economy-wide
emissions reduction commitments, covering all sectors and gases included in
Australia's national inventory.
2030 Target
13. Paragraph 10(1)(a) sets out that Australia's 2030 target is to reduce Australia's net
greenhouse gas emissions to 43% below 2005 levels by 2030, implemented as both a
point target for 2030 and an emissions budget for the period 2021 to 2030. This is a
significant increase in ambition from the previous government and represents the
abatement to be delivered by the Powering Australia plan taken to the last election.
14. The 2030 target does not constrain even greater emissions reductions. The note to
clause 10 makes clear that achieving a target means that net greenhouse gas
emissions need to be reduced to a level at, or below, the target. This aligns with
Australia's nationally determined contribution, which states "[o]ur aspiration is that
the commitments of our industry, states and territories and the Australian people will
yield even greater emissions reductions in the coming decade".
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15. The nationally determined contribution makes clear that Australia will not carry over
any overachievement on its 2020 target or its Kyoto Protocol targets to meet its Paris
Agreement targets.
16. The nationally determined contribution sets out relevant accounting rules for the
targets. For the 10 year 'emissions budget', Australia assesses progress towards
its 2030 target by comparing cumulative net emissions over the period 2021-2030
with the emissions budget for the period. Australia will account for its 2030 single-
year 'point target' on the basis of total net national emissions reported in its National
Inventory Report for the year 2030, submitted under the Paris Agreement.
Relevantly, consistent with the Paris Agreement emissions data from the financial
year finishing on 30 June of the relevant year is used to determine the National
Greenhouse Gas Inventory for the year.
2050 Target
17. Paragraph 10(1)(b) sets out the target of reducing Australia's net greenhouse gas
emissions to zero by 2050. The need to 'balance between anthropogenic emissions by
sources and removals by sinks of greenhouse gases' in Article 4.1 of the Paris
Agreement is central to the goals in Article 2 of the agreement to limit global
warming to well below 2, and pursue efforts towards 1.5 degrees Celsius, compared
to pre-industrial levels. Achieving the target will allow the Australian economy to
benefit from the jobs and opportunities of a global clean energy economy.
18. The nationally determined contribution makes clear Australia will account for its
2050 commitment on the basis of total net national emissions reported in its National
Inventory Report for the year 2050, submitted under the Paris Agreement. Australia's
successive nationally determined contributions under the Paris Agreement will set
out the trajectory to achieve the 2050 target and keep net emissions to net zero or
lower thereafter.
Interpretive provisions
19. Subclause 10(2) sets out the rules that the targets in subclause 10(1) are to be
interpreted consistently with the Paris Agreement and relevant nationally determined
contribution as submitted or adjusted from time to time. This ensures the legislated
targets are accounted for consistent with relevant international rules that relate to
those targets.
20. Subclause 10(3) ensures that the Bill does not have any unintended consequences for
State or Territory legislation, such as the Victorian Climate Change Act 2017. State
and Territory targets and policies will make an important contribution to meeting
Australia's greenhouse gas emissions reduction targets.
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21. Subclause 10(4) prevents subclause (1) from being interpreted to limit the executive
power of the Commonwealth to comply with its obligations under the Paris
Agreement to submit successive nationally determined contributions or adjust
existing nationally determined contributions where those changes are in accordance
with Article 4 of the Paris Agreement. Article 4 includes a number of protections
against the weakening of nationally determined contributions, including Article 4.3
stating 'each Party's successive nationally determined contribution will represent a
progression beyond the Party's then current nationally determined contribution and
reflect its highest possible ambition' and Art 4.11 ensuring adjustments are 'with a
view to enhancing its level of ambition'.
22. Mirroring the Paris Agreement principle against 'backsliding' - that is, the
weakening rather than strengthening of ambition over time - subclause 10(5) makes
clear that any new nationally determined contribution under the Paris Agreement
must represent a progression beyond the nationally determined contribution in place
at the time. Subclause 10(6) similarly confirms that any adjusted nationally
determined contribution must also represent a more ambitious target than the
nationally determined contribution immediately preceding it. The requirements in
subclause (5) and (6) are intended to be interpreted consistently with the Paris
Agreement.
23. As with this Bill, it would then be best practice to bring another Bill to Parliament to
add to the targets in subclause (1) as those targets are included in relevant nationally
determined contributions. Clause 15 of the Bill provides for the important role of the
Climate Change Authority in providing comprehensive advice to inform such future
targets and consult widely in providing that advice.
24. Overall, the legal effect of the clause is to outline the targets set out in Australia's
nationally determined contribution under the Paris Agreement. Under international
law, Australia has the obligation under Article 4.2 of the Paris Agreement to 'pursue
domestic mitigation measures, with the aim of achieving the objectives of such
contributions.' The Climate Change (Consequential Amendments) Bill provides that
the targets will then be incorporated into a range of Commonwealth legislation to
provide particular guidance to that legislation and relevant statutory bodies, such as
the Clean Energy Finance Corporation, Australian Renewable Energy Agency and
Infrastructure Australia. It is not intended that this clause would impact other
statutory frameworks that have not been so amended.
Part 3--Annual climate change statement
Clause 11: Simplified outline of this Part
25. This clause assists readers with a simplified outline of the Part, which concerns the
preparation and tabling of the annual climate change statement.
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Clause 12: Annual climate change statement
26. This clause makes provision for an annual climate change statement to be tabled and
delivered in Parliament. This ensures the relevant Minister is accountable to
Parliament for the achievement of the targets. It is expected that the relevant Minister
would address the Parliament on the written statement and invite comment from
others in Parliament on this important issue of economic and environmental reform.
27. Subclause 12(1) sets out the timing and content for the statement, without limiting
the issues that may be addressed or additional information that may be tabled. This
reporting is in addition to the substantial public reporting Australia is required to do
under the United Nations Framework Convention on Climate Change and the Paris
Agreement. These statements must be prepared by 31 December after a relevant
financial year.
28. Paragraph 12(1)(a) is the focus of the annual climate change statement - namely,
progress that is made during the year towards achieving the targets. Progress is
intended to be understood broadly. It is not limited to the anticipated emissions
outcome for the relevant financial year, but includes how Australia is tracking
towards the 2030 and 2050 targets.
29. Paragraph 12(1)(b) ensures that relevant international developments during the year
are presented to Parliament, to ensure Australia's actions are put into the broader
global context of action to address climate change. This would include opportunities
for Australia to benefit from those developments and take advantage of growing
international momentum to decarbonise the global economy.
30. Paragraph 12(1)(c) ensures general issues for climate change policy are also
included, such as in relation to climate change adaptation. The impacts of climate
change are already being felt in Australia and Australia's policy framework needs to
reflect the joint challenges of mitigation and adaptation. Climate policy challenges
and opportunities would also be canvased.
31. Paragraph 12(1)(d) ensures that in addition to general issues for climate change
policy, the effectiveness of the Commonwealth's climate change policies in reducing
emissions, and helping achieve the targets will be included in the annual statement.
This will represent an important aspect of embedding accountability for the
effectiveness - or otherwise - of the government's climate change policies.
32. The references to financial years in the content of the statement does not preclude
inclusion of developments or information before or after the relevant financial year.
33. Subclause 12(3) ensures the annual climate change statement is promptly tabled in
Parliament. If the statement is not completed until the deadline of 31 December, it
would be tabled within the first 5 sitting days of the new year.
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34. The annual climate change statements are to be informed by independent advice from
the Climate Change Authority under clause 14 of the Bill.
Part 4--Advisory functions of the Climate Change Authority
Clause 13: Simplified outline of this Part
35. This clause assists readers with a simplified outline of the Part, which relates to the
advisory functions of the Climate Change Authority.
Clause 14: Climate Change Authority to give the Minister advice that relates to the
preparation of an annual climate change statement
36. This clause provides an independent statutory role for the Climate Change Authority
to provide advice relating to the statement, which would have a particular focus on
assessing progress being made in achieving the targets. As with all of its functions,
the Authority is guided by the principles in section 12 of the Climate Change
Authority Act 2011 in preparing this advice. Relevantly, any measures to respond to
climate change should:
a. be economically efficient; and
b. be environmentally effective; and
c. be equitable; and
d. be in the public interest; and
e. take account of the impact on households, business, workers and
communities; and
f. support the development of an effective global response to climate change;
and
g. be consistent with Australia's foreign policy and trade objectives;
37. Subclause 14(2) provides for the timing of the advice to be agreed between the
Authority and Minister so that the advice can be timely to the statement's delivery.
This may vary depending on the Parliamentary calendar and relevant international
developments or meetings.
38. Subclause 14(3) enables the Climate Change Authority to conduct public
consultation, where appropriate. It is expected the Climate Change Authority would
draw on a range of information, advice and engagement in developing its advice.
39. Subclause 14(4) ensures relevant advice is taken into account in the preparation of
the annual climate change statement, but under subclause 14(5) the Minister may
take into account other advice (for example, the work of the Department in preparing
the National Inventory Report and relevant emissions projections).
40. Subclause 14(6) ensures the Authority's advice is made public, providing
transparency and helping guarantee the independence of the advice.
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41. Subclause 14(7) ensures that where the Minister does not accept any material aspect
of the independent advice of the Climate Change Authority, the reasons for this must
be clearly set out in a statement that is tabled in Parliament. Again, this is intended to
firmly embed accountability of the government, and transparency regarding the
decisions made about climate change policy.
Clause 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
42. This clause ensures the Climate Change Authority plays a central role in advising on
greenhouse gas emissions reduction targets that are to be included in new or revised
nationally determined contributions under the Paris Agreement. As with clause 14,
the principles in section 12 of the Climate Change Authority Act 2011 are to be taken
into account such that any measures to respond to climate change should:
a. be economically efficient; and
b. be environmentally effective; and
c. be equitable; and
d. be in the public interest; and
e. take account of the impact on households, business, workers and
communities; and
f. support the development of an effective global response to climate change;
and
g. be consistent with Australia's foreign policy and trade objectives;
43. The Climate Change (Consequential Amendments) Bill 2022 proposes to further
amend these principles to include the matters set out in Article 2 of the Paris
Agreement, which includes the temperature goals that are also reflected in the objects
of this Bill. This helps emphasise the importance of the climate science in advising
on relevant targets.
44. Subclause 15(2) ensures requests for advice are made at least every 5 years for new
NDCs to align with the five-yearly cycle of successive nationally determination
contributions under the Paris Agreement. This will be the mechanism through which
the Climate Change Authority provides advice on the 2035 target, which is due to be
submitted before 2025.
45. Subclause 15(3) ensures that the Climate Change Authority conducts public
consultation, and is equivalent to consultation requirements for other functions of the
Authority. The expectation is that such consultation would be significant and broad
based, given the significant impact of the targets and associated policies across the
economy and in many key economic sectors. This will allow the Climate Change
Authority to properly consider the impact on households, business, workers and
communities as required by section 12 of the Climate Change Authority Act 2011.
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46. Subclause 15(4) ensures that the Minister takes into account the relevant advice
provided by the Climate Change Authority in preparing future nationally determined
contributions, without precluding other relevant advice (as clarified by subclause
15(5)). This ensures that the expert and independent advice of the Climate Change
Authority is a key input to the consideration of future targets, helping ensure those
targets are consistent with the Paris Agreement and further its purposes as set out in
Article 2 of that Agreement.
47. Subclause 15(6) ensures the Authority's advice is made public, providing
transparency and helping guarantee the independence of the advice.
48. Subclause 15(7) ensures that the Minister responds to every advice from the Climate
Change Authority on new and adjusted targets and that the response be tabled in
Parliament - further embedding transparency and accountability. This written
statement may be simply to confirm that the advice was reflected in a new or updated
NDC. Conversely, if the Minister has decided not to accept the advice of the Climate
Change Authority, the written statement must include the reasons for that decision.
Part 5-- Periodic reviews of the operation of this Act
Clause 16: Simplified outline of this Part
49. This clause assists readers with a simplified outline of the Part, which relates to
periodic reviews of the Act.
Clause 17: Periodic reviews of the operation of this Act
50. This clause requires the Minister to arrange for periodic independent reviews of the
operation of the Act. The first review is to be completed within 5 years after
commencement of this section, and subsequent reviews within 10 years after the
completion of the previous review. The intent of such a review is to consider the
content and operation of the Act and not consider the appropriateness of the targets
themselves.
51. Subclause 17(2) ensures public consultation is included in the review process - so
that a range of views and perspectives can be obtained in relation to the operation of
the Act.
52. Subclause 17(3) requires the person or persons conducting the review to provide a
report of the review to the Minister. Subclause 17(4) makes provision for the
Minister to table copies of this report in each House of Parliament - further
embedding transparency.
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