Malcolm Turnbull (Wentworth, Liberal Party, Minister for the Environment and Water Resources) Share this | Link to this | Hansard source

I present a supplementary explanatory memorandum to the bill. I ask leave of the House to move government amendments (1) to (11), as circulated, together.

Leave granted.

I move:

(1)    Clause 5, page 3 (line 17) to page 4 (line 6), omit the clause, substitute:

5     Act excludes some State and Territory laws

                 This Act is intended to apply to the exclusion of a law of a State or Territory, or a part of such a law:

             (a)    that provides for the reporting or disclosure of information related to:

                   (i)    greenhouse gas emissions; or

                  (ii)    greenhouse gas projects; or

                 (iii)    energy consumption; or

                 (iv)    energy production; and

             (b)    that the regulations provide is a law, or part of a law, to which this section applies;

so far as the law, or part of the law, would otherwise apply in relation to a constitutional corporation.

(2)    Clause 16, page 14 (line 16), omit paragraph 4(b), substitute:

             (b)    any other matters, required by the regulations, that relate to the following:

                   (i)    the identity of the controlling corporation and members of the corporation’s group;

                  (ii)    whether the corporation is required to be registered under section 12 or has applied for registration under section 14;

                 (iii)    whether the corporation has complied with provisions of this Act;

                 (iv)    information that is published under section 24.

(3)    Clause 16, page 14 (lines 17 to 25), omit subclause (5).

(4)    Clause 20, page 19 (lines 18 and 19), omit paragraph (3)(b), substitute:

             (b)    the registered corporation:

                   (i)    is not entitled to acquire the information from the other person; or

                  (ii)    is entitled to acquire the information from the other person only because the other person is obliged to assist the corporation to comply with this Act; and

(5)    Clause 21, page 20 (line 33) to page 21 (line 14), omit subclause (4), substitute:

        (4)    A report must:

             (a)    be based on methods determined by the Minister under subsection 10(3), or methods which meet criteria determined by the Minister under that subsection; and

             (b)    include any information specified by the regulations for the purposes of this paragraph.

Civil penalty:            1,000 penalty units.

Note:   Under Division 137 of the Criminal Code it may be an offence to provide false or misleading information or documents to the Greenhouse and Energy Data Officer in purported compliance with this Act.

(6)    Clause 21, page 21 (line 15), omit “paragraph (4)(c)”, substitute “paragraph (4)(b)”.

(7)    Clause 21, page 21 (after line 22), at the end of the clause, add:

        (6)    A report is taken not to be a report under this section unless:

             (a)    it is given in a manner and form approved by the Greenhouse and Energy Data Officer; and

             (b)    it is given to the Greenhouse and Energy Data Officer within a period specified in the regulations; and

             (c)    subsections (3) and (4) have been complied with.

(8)    Clause 23, page 23 (line 19), at the end of paragraph (1)(b), add:

          ; or (iv)    if the person is an employee of the Commonwealth or of an authority of the Commonwealth, or is appointed to an office under a law of the Commonwealth—a law of a State or Territory or the performance of duties in relation to a law of a State or Territory.

(9)    Clause 27, page 27 (line 7), omit “may”, substitute “must”.

(10)  Clause 27, page 27 (after line 12), after subclause (1), insert:

     (1A)    However, the Greenhouse and Energy Data Officer may refuse to disclose information under this section if satisfied that there would not be adequate security measures in place in relation to the confidentiality of the information.

(11)  Clause 56, page 44 (after line 11), after paragraph (e), insert:

           (ea)    refuse to disclose information under section 27; and

The government is grateful to those who provided submissions during the recent Senate Standing Committee on Environment, Communications, Information Technology and the Arts inquiry into the bill’s provisions. We are mindful of the recommendations made by the Senate committee and have considered a number of issues raised through that process. The government seeks to amend the provisions concerning state and territory laws so that only laws or parts of laws specifically named by regulation can be excluded. This will ensure that COAG’s goal of streamlining can be achieved while providing a further safeguard against possible unintended effects on other laws.

With regard to these provisions, I reiterate the government’s intention to continue to work cooperatively with states and territories to transition to a single national reporting system that meets their needs. A further amendment will clarify the Australian government’s obligation to provide data to states and territories, provided that certain conditions are met relating to security of data and streamlining of reporting. The amendments will also establish a right of appeal to the Administrative Appeals Tribunal to enable state and territory governments to appeal against a decision of the Greenhouse and Energy Data Officer not to disclose greenhouse and energy information. Taken together, these amendments demonstrate the government’s willingness to work cooperatively with state and territory governments to set up the least burdensome national reporting system.

Question agreed to.

Bill, as amended, agreed to.