Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to require timely publication of emissions, and for related purposes
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Registered 22 Oct 2018
Introduced HR 22 Oct 2018

2016-2017-2018

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

National Greenhouse and Energy Reporting Amendment (Timely Publication of Emissions) Bill 2018

 

 

 

EXPLANATORY MEMORANDUM

and

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

 

 

 

 

 

 

Circulated by authority of

the Member for Mayo, Ms Rebekha Sharkie MP


 

National Greenhouse and Energy Reporting Amendment (Timely Publication of Emissions) Bill 2018

 

 

OUTLINE

 

The Bill seeks to effect timely publication of the quarterly report of estimates of Australia’s national greenhouse gas inventory (often known more colloquially and imprecisely as ‘climate change data’ or ‘emissions data’), in response to unexplained delays in its release to the public.

 

The Bill requires the Secretary of the Department, within 5 months of the end of each quarter, to cause a report on the estimates of Australia’s national greenhouse gas inventory to be given to the Minister, who in turn must cause the report to be tabled within 15 sitting days after receiving the report in each House of Parliament. The report must then be published as soon as practicable on the internet.

 

The Bill requires each report to include:

 

·         national emissions estimates for the quarter;

·         national emissions estimates for the year ending at the end of the quarter; and

·         additionally, both of these estimates also broken down by sector.

 

The Bill further requires that the report must be prepared in accordance with international guidelines as agreed at the Conference of the Parties of the United Nations Framework Convention on Climate Change in Warsaw 2013 (including the Intergovernmental Panel on Climate Change (IPCC) Guidelines for National Greenhouse Gas Inventories (2006)). If these guidelines are replaced, the Bill requires the report to be prepared in accordance with the replacement guidelines.

 

For the purposes of this Bill, a quarter is a period of three months commencing on 1 January, 1 April, 1 July, and 1 October.

 

 

FINANCIAL IMPACT

 

The bill will have no financial impact.

 

 

 

NOTES ON CLAUSES

 

Clause 1: Short Title

Clause 1 provides for the Bill, once enacted, to be cited as the National Greenhouse and Energy Reporting Amendment (Timely Publication of Emissions) Act 2018.

 

Clause 2: Commencement

Clause 2 provides for the Bill to commence from the day the Act receives the Royal Assent.

 

 

Clause 3: Schedules

Clause 3 provides that legislation specified in a Schedule is amended or repealed as set out in that Schedule.

 

 

Schedule 1 – Amendments

 

Item 1

 

Item 1 adds “—general” to the heading of section 24 such that it is more clearly distinguished from the newly inserted section, section 24A (Item 2).

 

Item 2

 

Item 2 inserts a new section, section 24A, that requires publication of information relating to national greenhouse gas inventory estimates.

 

Subsection 24A(1) requires the Secretary of the Department, within five months after the end of each quarter, to cause a report on the estimates of Australia’s national greenhouse gas inventory to be given to the Minister.

 

Subsection 24A(2) requires the report in subsection 24A(1) to include the national emissions estimates for the quarter and the national estimates for the year ending at the end of the quarter.  Both of these estimates are also required to be broken down by sector.

 

Subsection 24A(3) requires the report to be prepared in accordance with international guidelines as agreed at the Conference of the Parties of the United Nations Framework Convention on Climate Change in Warsaw 2013, which includes the Intergovernmental Panel on Climate Change (IPCC) Guidelines for National Greenhouse Gas Inventories (2006).

 

If these guidelines are replaced, the report is to be prepared in accordance with the replacement guidelines.

 

Subsection 24A(4) requires the Minister, within 15 sitting days after receiving the report, to cause copies of the report to be tabled in each House of Parliament.

 

Subsection 24A(5) requires the Minister to cause the report to be published on the internet as soon as practicable after a copy of the report is tabled in a House of Parliament.

 

Subsection 24A(6) defines “quarter”, for the purpose of section 24A, to mean a period of 3 months commencing on 1 January, 1 April, 1 July, and 1 October.

 

Item 3

 

Item 3 amends Subsection 24(1) such that it only applies to section 24, and not the newly inserted section, section 24A (Item 2).


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

National Greenhous and Energy Reporting Amendment (Timely Publication of Emissions) Bill 2018

 

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 bill

 

The Bill seeks to effect timely publication of the quarterly report of estimates of Australia’s national greenhouse gas inventory (often known more colloquially and imprecisely as ‘climate change data’ or ‘emissions data’), in response to unexplained delays in its release to the public.

 

The Bill requires the Secretary of the Department, within 5 months of the end of each quarter, to cause a report on the estimates of Australia’s national greenhouse gas inventory to be given to the Minister, who in turn must cause the report to be tabled within 15 sitting days after receiving the report in each House of Parliament. The report must then be published as soon as practicable on the internet.

 

The Bill requires each report to include:

 

·         national emissions estimates for the quarter;

·         national emissions estimates for the year ending at the end of the quarter; and

·         additionally, both of these estimates also broken down by sector.

 

The Bill further requires that the report must be prepared in accordance with international guidelines as agreed at the Conference of the Parties of the United Nations Framework Convention on Climate Change in Warsaw 2013 (including the Intergovernmental Panel on Climate Change (IPCC) Guidelines for National Greenhouse Gas Inventories (2006)). If these guidelines are replaced, the Bill requires the report to be prepared in accordance with the replacement guidelines.

 

For the purposes of this Bill, a quarter is a period of three months commencing on 1 January, 1 April, 1 July, and 1 October.

 

Human rights implications

 

This bill does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This bill is compatible with human rights as it does not raise any human rights issues.

 

 

 

Ms Rebekha Sharkie MP