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representatives vote 2022-08-04#4

Edited by mackay staff

on 2022-08-05 11:08:53

Title

  • Bills — Climate Change Bill 2022, Climate Change (Consequential Amendments) Bill 2022; Consideration in Detail
  • Climate Change Bill 2022, Climate Change (Consequential Amendments) Bill 2022 - Consideration in Detail - Amend objects of bill

Description

  • <p class="speaker">Monique Ryan</p>
  • <p>by leave&#8212;On behalf of the member for Curtin, I move amendments (1) and (2) in respect of the Climate Change Bill 2022, as circulated in her name:</p>
  • The majority voted in favour of [amendments](https://www.aph.gov.au/Parliamentary_Business/Hansard/Hansard_Display?bid=chamber/hansardr/25975/&sid=0000) moved by Kooyong MP [Monique Ryan](https://theyvoteforyou.org.au/people/representatives/kooyong/monique_ryan) (Independent) on behalf of Curtin MP [Kate Chaney](https://theyvoteforyou.org.au/people/representatives/curtin/kate_chaney) (Independent), which means they succeeded.
  • ### What do the amendments do?
  • Regarding the first amendment, Dr Ryan [explained that](https://www.aph.gov.au/Parliamentary_Business/Hansard/Hansard_Display?bid=chamber/hansardr/25975/&sid=0000):
  • > *This amendment clarifies the underlying climate goals of the bill, the urgency of action and a link to scientific knowledge. An acknowledgement of the object's clause of the urgency of action and a link to scientific knowledge should give business certainty that this is a new era in climate policy and that the Australian parliament has an intention to be guided by the science and to decarbonise our economy. The setting of a numerical target is the first step in this significant shift.*
  • In relation to the second amendment, she [explained that](https://www.aph.gov.au/Parliamentary_Business/Hansard/Hansard_Display?bid=chamber/hansardr/25975/&sid=0000) it "*promotes accountability and ambition to reflect that this is the start of a significant journey ahead.*"
  • ### Amendment text
  • > *(1) Clause 3, page 2 (before line 15), before paragraph (a), insert:*
  • >
  • >> *(aa) to advance an effective and progressive response to the urgent threat of climate change drawing on the best available scientific knowledge; and*
  • >
  • > *(2) Clause 3, page 2 (line 21), after "accountability", insert "and ambition".*
  • <p class="italic">(1) Clause 3, page 2 (before line 15), before paragraph (a), insert:</p>
  • <p class="italic">(aa) to advance an effective and progressive response to the urgent threat of climate change drawing on the best available scientific knowledge; and</p>
  • <p class="italic">(2) Clause 3, page 2 (line 21), after "accountability", insert "and ambition".</p>
  • <p>The member for Curtin is, unfortunately, unable to attend today because of COVID. Clause 3 of the Climate Change Bill sets out the objects of the bill. This clause, in its current form, has been included after discussions between the crossbench and the government and is a welcome addition to the bill.</p>
  • <p>The bill in its current form sets out three objects of the bill: to set out targets, to promote accountability and to ensure that advice from the Climate Change Authority informs the settings of targets and annual climate statements.</p>
  • <p>The proposed amendment adds another object:</p>
  • <p class="italic">&#8230; to advance an effective and progressive response to the urgent threat of climate change drawing on the best available scientific knowledge &#8230;</p>
  • <p>This amendment aims to broaden the legislation beyond the setting of a number to reflect that the parliament's intention is that this legislation be an effective, symbolic start to real climate action.</p>
  • <p>This amendment clarifies the underlying climate goals of the bill, the urgency of action and a link to scientific knowledge. An acknowledgement of the object's clause of the urgency of action and a link to scientific knowledge should give business certainty that this is a new era in climate policy and that the Australian parliament has an intention to be guided by the science and to decarbonise our economy. The setting of a numerical target is the first step in this significant shift.</p>
  • <p>A related amendment is also proposed to amend clause 3(b) so that it promotes accountability and ambition to reflect that this is the start of a significant journey ahead.</p>
  • <p>Objects clauses serve a few purposes in legislation. Firstly, they provide a statement of the policy objective of the legislation that enables the parliament and the public to gauge the success of legislation in achieving its policy goals. This bill contains provision for periodic reviews of the operation of the act under clause 17. If the purpose is narrowly defined as the setting of a target and not to the underlying climate goal, reviews could be limited in scope accordingly. A review might say, 'Yes, the legislation was effective in setting a target,' irrespective of whether or not those targets were met. It would be a reasonable community expectation that the review should examine the effectiveness of the legislation in driving climate change mitigation, rather than just the setting of a target.</p>
  • <p>Secondly, objects clauses assist in statutory interpretation, especially for broadly worded provisions. Proposed sections 12, 14 and 17 contain broadly worded obligations. An objects clause that refers to the underlying climate objectives assists in ensuring that these obligations are interpreted consistently with those climate objectives and that that advice, those reports and those reviews have substance to them.</p>
  • <p>This amendment is consistent with community expectations of the government's mandate to legislate a target, making it clear that the purpose is to drive real and urgent action on climate in line with the science.</p>
  • <p class="speaker">Chris Bowen</p>
  • <p>I thank the member for Kooyong, and, in her absence, I thank the member for Curtin, for this contribution. The member for Curtin is unwell and I know she would be a very strong participant in this debate if she were here.</p>
  • <p>I might just say, by way of summary, there have been a range of discussions of good faith between the government and the crossbench. As we have said publicly, where there are suggestions which are entirely in keeping with the government's mandate and approach and which make things clearer or more explicit, we are more than happy to work in good faith with the crossbench. This is one instance of a sensible suggestion to make a change in the objects, and it would be unusual for anyone to oppose such a basic object to comply and to work for the thing that's been laid out by the honourable member's amendment. The government will support it.</p>
  • <p class="speaker">Milton Dick</p>
  • <p>The question is that amendments (1) and (2) moved by the member for Kooyong on behalf of the member for Curtin be agreed to.</p>
  • <p></p>
  • <p></p>