Nick Xenophon (SA, Independent) Share this | Hansard source

by leave—I move amendments (6) to (9) on sheet 7165 together:

(6)   Clause 5, page 14 (after line 24), after the definition of exempt landfill emissions, insert:

expert advisory committee means a committee established under section 12C.

(7)   Clause 5, page 14 (before line 25), before the definition of externally-administered body corporate, insert:

expert advisory committee member means a member of an expert advisory committee, and includes the Chair of an expert advisory committee.

(8)   Page 25 (after line 8), at the end of Part 1, add:

12A Voluntary action

Object

(1)   The object of this section is to establish a mechanism to take into account voluntary action on climate change by entities other than liable entities so that:

  (a)   there remains an incentive for such voluntary action; and

  (b)   the impact of such voluntary action does not reduce the obligations of liable entities under this Act or the regulations.

Advisory committee on voluntary action

(2)   The Minister must establish an independent expert advisory committee with the following functions:

  (a)   to estimate for each year the level of voluntary action on climate change;

  (b)   to determine for each year, in writing, a voluntary action adjustment amount.

Note:   Expert advisory committees are established under Part 1A.

(3)   In undertaking its work, the committee must:

  (a)   consult broadly; and

  (b)   call for, accept and consider submissions from organisations and individuals about voluntary action undertaken and proposed to be undertaken; and

  (c)   publish on its website, at least twice a year, reports on its activities and its methods of estimating and accounting for voluntary action.

Voluntary action adjustment amount

(4)   The voluntary action adjustment amount for any year is an amount by which the committee determines the carbon pollution cap number for the following year must be reduced to account for voluntary action on climate change without reducing the obligations of liable entities under this Act.

(5)   The regulations may prescribe any of the following:

  (a)   factors the committee may take into account in determining the voluntary action adjustment amount for any year;

  (b)   factors the committee must take into account in determining the voluntary action adjustment amount for any year;

  (c)   a method of estimating the voluntary action adjustment amount for a year.

(6)   A determination under paragraph (2)(b) is not a legislative instrument.

Interpretation

(7)   In this section:

voluntary action on climate change means voluntary action taken by entities other than liable entities to reduce or offset greenhouse gas emissions, which is not otherwise accounted for under this Act.

12B Adjustment of carbon pollution cap number

     Despite any other provision of this Act or the regulations, if the committee established under section 12A determines an amount as the voluntary action adjustment amount for a year, the carbon pollution cap number for the following year is taken to be reduced by that amount.

(9)   Page 26 (before line 1), before Part 2, insert:

Part 1A—Expert advisory committees

12C Establishment of expert advisory committees

(1)   The Minister may, by writing, establish committees, to be known as expert advisory committees.

(2)   An instrument made under subsection (1) is not a legislative instrument.

12D Functions of an expert advisory committee

     An expert advisory committee has the functions that are conferred on it by this Act or the regulations.

12E Membership of an expert advisory committee

     An expert advisory committee consists of the following members:

  (a)   a Chair;

  (b)   at least 2, but not more than 4, other members.

12F Appointment of expert advisory committee members

(1)   Each expert advisory committee member is to be appointed by the Minister by written instrument.

(2)   A person is not eligible for appointment as an expert advisory committee member unless the Minister is satisfied that the person has:

  (a)   substantial experience or knowledge; and

  (b)   significant standing;

in at least one of the following fields:

  (c)   economics;

  (d)   law;

  (e)   Australian industry;

  (f)   climate science;

  (g)   energy measurement and reporting;

  (h)   greenhouse gas emissions measurement and reporting;

  (i)   greenhouse gas abatement;

  (j)   financial markets;

  (k)   trading of environmental instruments.

(3)   The Minister must ensure that:

  (a)   the Chair of an expert advisory committee is not a person covered by subsection (4); and

  (b)   a majority of the other expert advisory committee members are not persons covered by subsection (4).

(4)   This subsection applies to the following persons:

  (a)   an employee of the Commonwealth;

  (b)   an employee of an authority of the Commonwealth;

  (c)   a person who holds a full-time office under a law of the Commonwealth.

(5)   A person is not eligible for appointment as an expert advisory committee member if the person is a director, officer or employee of another person who is a liable entity for the eligible financial year in which the appointment is made.

(6)   An expert advisory committee member holds office on a part-time basis.

12G Period of appointment for expert advisory committee members

     An expert advisory committee member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

12H Acting expert advisory committee members

Acting Chair of expert advisory committee

(1)   The Minister may appoint an expert advisory committee member to act as the Chair of an expert advisory committee:

  (a)   during a vacancy in the office of the expert advisory committee Chair (whether or not an appointment has previously been made to the office); or

  (b)   during any period, or during all periods, when the Chair of an expert advisory committee:

     (i)   is absent from duty or from Australia; or

     (ii)   is, for any reason, unable to perform the duties of the office.

Acting expert advisory committee member (other than the Chair)

(2)   The Minister may appoint a person to act as an expert advisory committee member (other than the Chair of an expert advisory committee):

  (a)   during a vacancy in the office of an expert advisory committee member (other than the Chair of an expert advisory committee), whether or not an appointment has previously been made to the office; or

  (b)   during any period, or during all periods, when an expert advisory committee member (other than the Chair of an expert advisory committee):

     (i)   is absent from duty or from Australia; or

     (ii)   is, for any reason, unable to perform the duties of the office.

Eligibility

(3)   A person is not eligible for appointment to act as:

  (a)   the Chair of an expert advisory committee; or

  (b)   an expert advisory committee member (other than the Chair of an expert advisory committee);

unless the person is eligible for appointment as an expert advisory committee member.

Note:   See subsection 12F(2).

12J Procedures

(1)   The regulations may prescribe the procedures to be followed at or in relation to meetings of an expert advisory committee, including matters relating to the following:

  (a)   the convening of meetings of the expert advisory committee;

  (b)   the number of expert advisory committee members who are to constitute a quorum;

  (c)   the selection of an expert advisory committee member to preside at meetings of the expert advisory committee in the absence of the Chair of the expert advisory committee;

  (d)   the manner in which questions arising at a meeting of the expert advisory committee are to be decided.

(2)   A resolution is taken to have been passed at a meeting of an expert advisory committee if:

  (a)   without meeting, a majority of expert advisory committee members indicate agreement with the resolution in accordance with the method determined by the expert advisory committee under subsection (3); and

  (b)   all expert advisory committee members were informed of the proposed resolution, or reasonable efforts had been made to inform all expert advisory committee members of the proposed resolution.

(3)   Subsection (2) applies only if the expert advisory committee:

  (a)   determines that it applies; and

  (b)   determines the method by which expert advisory committee members are to indicate agreement with resolutions.

12K Disclosure of interests to the Minister

     An expert advisory committee member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member's functions.

12L Disclosure of interests to expert advisory committee

(1)   An expert advisory committee member who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the expert advisory committee must disclose the nature of the interest to a meeting of the expert advisory committee.

(2)   The disclosure must be made as soon as possible after the relevant facts have come to the expert advisory committee member'sknowledge.

(3)   The disclosure must be recorded in the minutes of the meeting of the expert advisory committee.

(4)   Unless the expert advisory committee otherwise determines, the expert advisory committee member:

  (a)   must not be present during any deliberation by the expert advisory committee on the matter; and

  (b)   must not take part in any decision of the expert advisory committeewith respect to the matter.

(5)   For the purposes of making a determination under subsection (4), the expert advisory committee member:

  (a)   must not be present during any deliberation of the expert advisory committeefor the purpose of making the determination; and

  (b)   must not take part in making the determination.

(6)   A determination under subsection (4) must be recorded in the minutes of the meeting of the expert advisory committee.

12M Outside employment

     An expert advisory committee member must not engage in any paid employment that conflicts or may conflict with the proper performance of his or her duties.

12N Remuneration and allowances

(1)   An expert advisory committee member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.

(2)   An expert advisory committee member is to be paid the allowances that are prescribed.

(3)   This section has effect subject to the Remuneration Tribunal Act 1973.

12P Leave of absence

(1)   The Minister may grant leave of absence to the Chair of an expert advisory committee on the terms and conditions that the Minister determines.

(2)   The Chair of an expert advisory committee may grant leave of absence to an expert advisory committee member on the terms and conditions that the Chair determines.

12Q Resignation

(1)   An expert advisory committee member may resign his or her appointment by giving the Minister a written resignation.

(2)   The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

12R Termination of appointment

(1)   The Minister may terminate the appointment of an expert advisory committee member for misbehaviour or physical or mental incapacity.

(2)   The Minister may terminate the appointment of an expert advisory committee member if:

  (a)   the member:

     (i)   becomes bankrupt; or

     (ii)   applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

     (iii)   compounds with his or her creditors; or

     (iv)   makes an assignment of remuneration for the benefit of his or her creditors; or

  (b)   the member is absent, except on leave of absence, for 3 consecutive meetings of the expert advisory committee of which he or she is a member; or

  (c)   the member engages in paid employment that conflicts or may conflict with the proper performance of his or her duties (see section 12M); or

  (d)   the member fails, without reasonable excuse, to comply with section 12K or 12L.

(3)   The Minister may terminate the appointment of the Chair of an expert advisory committee if the Chair is:

  (a)   an employee of the Commonwealth; or

  (b)   an employee of an authority of the Commonwealth; or

  (c)   a person who holds a full-time office under a law of the Commonwealth.

(4)   The Minister may terminate the appointment of an expert advisory committee member if the member is a director, officer or employee of another person who is, or is likely to be, a liable entity for the eligible financial year in which the termination occurs.

12S Other terms and conditions

     An expert advisory committee member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

12T Assistance to expert advisory committee

(1)   Any or all of the following:

  (a)   the Regulator;

  (b)   the Department;

  (c)   any other Department, agency or authority of the Commonwealth;

may assist an expert advisory committee in the performance of its functions.

(2)   The assistance may include the following:

  (a)   the provision of information;

  (b)   the provision of advice;

  (c)   the making available of resources and facilities (including secretariat services and clerical assistance).

12U Consultants

(1)   The Chair of an expert advisory committee may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to the committee.

(2)   The consultants are to be engaged on the terms and conditions that the Chair determines in writing.

These amendments are about recognising voluntary action. It is important that the government recognise and provide incentives for voluntary action without reducing the obligations of emitters. It comes down to having a carrot and stick approach: punish the polluters and reward those doing the right thing in terms of the longer term aspect of this scheme. Voluntary action by the Commonwealth, states and territories, local government bodies, other entities or individuals to reduce or offset greenhouse gas emissions which is not otherwise accounted for under the scheme should be rewarded. Voluntary action will also enable a higher abatement target to be achieved. I commend the amendments to the Senate.