Simon Birmingham (SA, Liberal Party, Minister for Education and Training) Share this | Hansard source

I am sorry to disappoint Senator Bernardi. I understand his arguments. As I did particularly in relation to Senator Leyonhjelm's amendment, I again point out the contribution from Senator Roberts, which highlighted that this is not legislation that seeks to regulate emissions related to climate change matters. It is about emissions related to air particulates. In that instance, it deals with a range of other types of emissions that are clearly and directly harmful to human health, which is why the legislation has attracted broad support across the chamber. Whether it relates to chainsaws, leaf blowers, whipper snippers or tractors, it is in no way about a carbon tax on CO2 emissions. It is about ensuring that carbon monoxide, other chemicals and particle emissions dangerous to human health are regulated in a sensible and consistent way across different categories.

The government has been very clear that the intended application for this legislation is in relation to, particularly, non-road spark-ignition engines and equipment. That is what the government will bring forward in the rules which are made by legislative instrument—that is, disallowable instrument—in this chamber. I refer you to section 51 of the primary legislation, the Product Emissions Standards Bill 2017, which makes it clear that the rules are by legislative instrument, and therefore are disallowable by this chamber. The government has been express in the explanatory memoranda, in the various speeches given, and elsewhere in this legislation about the limits of the application of this legislation. I have been very clear, as I believe has Minister Frydenberg, that the government has absolutely no intention to extend the legislation to tractors or other vehicles. And of course, were anybody to seek to do so at any point in the future, this chamber would be fully within its rights to disallow that. I have absolutely every confidence that, were that to occur, the Liberal Party and the National Party would be proposing and supporting such disallowance.

The CHAIR: The question is that amendments (1), (2) and (3) on sheet 8249, as moved by Senator Bernardi, be agreed to.