Lisa Singh (Tasmania, Australian Labor Party, Shadow Parliamentary Secretary to the Shadow Attorney General) Share this | Link to this | Hansard source

I move opposition amendment (3) on sheet 7527:

(3) Schedule 1, page 4 (line 1) to page 70 (line 21), omit the Schedule, substitute:

Schedule 1—Amendments

Australian National Registry of Emissions Units Act 2011

1 Subsection 66F(2) (paragraph (b) of the definition of prescribed amount for the financial year in which the compliance deadline occurs )

  Omit "31 July 2014", substitute "31 October 2014".

2 Subsection 66F(2) (paragraph (c) of the definition of prescribed amount for the financial year in which the compliance deadline occurs )

  Repeal the paragraph.

3 Subsection 66F(4) (paragraph (b) of the definition of prescribed amount for the financial year in which the compliance deadline occurs )

  Omit "31 July 2014", substitute "31 October 2014".

4 Subsection 66F(4) (paragraph (c) of the definition of prescribed amount for the financial year in which the compliance deadline occurs )

  Repeal the paragraph.

Clean Energy Act 2011

5 Section 4

  Omit ", 1 July 2013 and 1 July 2014", substitute "and 1 July 2013".

6 Section 4

  Before "1 July 2015", insert "1 July 2014,".

7 Section 5 (definition of fixed charge year)

  Repeal the definition, substitute:

  fixed charge year means:

  (a) the eligible financial year beginning on 1 July 2012; or

  (b) the eligible financial year beginning on 1 July 2013.

For the purposes of paragraph (b), the months of July, August and September 2014 are taken to be part of the financial year beginning on 1 July 2013.

8 Section 5 (definition of flexible charge year)

  Repeal the definition, substitute:

  flexible charge year means:

  (a) the eligible financial year beginning on 1 July 2014; or

  (b) a later eligible financial year.

For the purposes of paragraph (a), the months of October, November and December 2014, and January, February, March, April, May and June 2015, are taken to be the financial year beginning on 1 July 2014.

9 After paragraph 14(2)(b)

  Insert:

  (ba) if the regulations declare the carbon pollution cap, and the carbon pollution cap number, for the flexible charge year beginning on 1 July 2014—must have regard to any report that:

     (i) was given to the Minister by the Climate Change Authority under section 60 of the Climate Change Authority Act 2011; and

     (ii) dealt with the carbon pollution cap for that year; and

10 At the end of subsection 15(1)

  Add "(other than regulations that declare the carbon pollution cap, and the carbon pollution cap number, for the flexible charge year beginning on 1 July 2014)".

11 After section 15

  Insert:

15A When regulations must be tabled—2014 -15 flexible charge year

Scope

(1) This section applies to regulations that declare the carbon pollution cap, and the carbon pollution cap number, for the flexible charge year beginning on 1 July 2014.

When regulations must be tabled

(2) The Minister must take all reasonable steps to ensure that the regulations are tabled in each House of the Parliament under section 38 of the Legislative Instruments Act 2003 not later than 31 August 2014.

(3) The regulations must not be made, or tabled in a House of the Parliament, after 31 August 2014.

Reasons must be tabled

(4) If, on a particular day (the tabling day), a copy of the regulations is tabled in a House of the Parliament under section 38 of the Legislative Instruments Act 2003, the Minister must:

  (a) cause to be tabled in that House a written statement setting out the Minister's reasons for making the recommendation to the Governor-General about the regulations; and

  (b) do so on, or as soon as practicable after, the tabling day.

12 Section 16 (at the end of the heading)

  Add "—later flexible charge years".

13 Subsections 16(1) and (2)

  Omit "31 May 2014", substitute "30 November 2014".

14 Subsection 16(3)

  Omit "of May that is 14 months before the start of a particular flexible charge year beginning on or after 1 July 2016, no regulations made for the purposes of section 14", substitute "of November that is 8 months before the start of a particular flexible charge year beginning on or after 1 July 2016, no regulations to which section 15 applies".

15 Subsection 16(3)

  Omit "that May", substitute "that November".

16 Subsection 16(4)

  Omit "the May", substitute "the November".

17 Section 17 (heading)

  Omit "2015-16", substitute "2014-15".

18 Subsection 17(1)

  Omit "1 July 2015", substitute "1 July 2014".

19 Subsection 17(2) (formula)

  Repeal the formula, substitute:

20 Subsection 18(1)

  Omit "1 July 2016", substitute "1 July 2015".

21 Section 93

  Before "1 July 2015", insert "1 July 2014,".

22 Subsection 100(1)

  After "following table", insert "(other than an exempt item)".

23 Subsection 100(1) (table items 5 and 6)

  Repeal the items.

24 Subsection 100(1) (table items 7, 8 and 9)

Repeal the items, substitute:

25 Subsection 100(1) (note)

  Omit "Note", substitute "Note 1".

26 At the end of subsection 100(1) (after the note)

  Add:

Note 2: For exempt item, see subsections (13A), (13B) and (13C).

27 Subsection 100(2)

  Omit "item 7, 8 or 9", substitute "item 7, 8, 9 or 10".

28 Subsection 100(3) (heading)

  Omit "items1, 3 and 5", substitute "items1 and 3".

29 Subsection 100(3)

  Omit "item 1, 3 or 5", substitute "item 1 or 3".

30 Subsection 100(4) (heading)

  Omit "6, 7, 8 and 9", substitute "7, 8, 9 and 10".

31 Subsection 100(4)

  Omit "item 2, 4, 6, 7, 8 or 9", substitute "item 2, 4, 7, 8, 9 or 10".

32 Subsection 100(6)

  After "subsection (1)", insert "(other than an exempt item)".

33 At the end of subsection 100(6)

  Add:

Note: For exempt item, see subsections (13A), (13B) and (13C).

34 Before paragraph 100(9)(a)

  Insert:

  (aa) the eligible financial year beginning on 1 July 2014;

35 After subsection 100(13)

  Insert:

Exempt item

  (13A) The regulations may declare that item 8 of the table in subsection (1) is an exempt item for the purposes of this section.

  (13B) The regulations may declare that item 9 of the table in subsection (1) is an exempt item for the purposes of this section.

  (13C) The regulations may declare that item 10 of the table in subsection (1) is an exempt item for the purposes of this section.

36 Subsection 100(14)

  Omit "31 May 2014", substitute "31 August 2014".

37 Subsection 100(15)

  Repeal the subsection.

38 Before subsection 101(1A)

  Insert:

  (1AA) Subsection (1) does not apply to carbon units with the vintage year beginning on 1 July 2014 that are issued as a result of auctions that are conducted by the Regulator during the financial year beginning on 1 July 2013.

  (1AB) The Regulator must ensure that not more than 40 million carbon units with the vintage year beginning on 1 July 2014 are issued as a result of auctions that were conducted by the Regulator during the financial year beginning on 1 July 2013 if there are no regulations in effect that declare the carbon pollution cap, and the carbon pollution cap number, for the vintage year.

39 At the end of subsection 111(3)

  Add "However, for the eligible financial year beginning on 1 July 2014, the charge for the issue of a carbon unit may not be more than $25.40.".

40 Subsection 121

  Omit "first 5 flexible charge years", substitute "first 6 flexible charge years".

41 Subsection 123A(3)

  Omit "1 July 2015", substitute "1 July 2014".

42 Subparagraph 123A(6)(a)(i)

  Omit "1 July 2015", substitute "1 July 2014".

43 Subparagraphs 123A(6)(b)(i) and (ii)

  Repeal the subparagraphs, substitute:

     (i) if the eligible financial year begins on 1 July 2014—6.25%; or

     (ii) if the eligible financial year begins on 1 July 2015, 1 July 2016, 1 July 2017, 1 July 2018 or 1 July 2019—12.5%; or

     (iii) if the eligible financial year begins on or after 1 July 2020, and the regulations do not specify a percentage for that year—12.5%; or

     (iv) if the eligible financial year begins on or after 1 July 2020, and the regulations specify a percentage for that year—that percentage; and

44 Subsection 123A(7)

  Omit "(6)(b)(ii)", substitute "(6)(b)(iv)".

45 Subparagraphs 133(7)(a)(i) and (7A)(a)(i)

  Omit "1 July 2015", substitute "1 July 2014".

46 Subparagraph 133(7A)(a)(ii)

  Omit "4", substitute "5".

47 Subparagraph 133(7E)(a)(i)

  Omit "1 July 2015", substitute "1 July 2014".

48 Subparagraph 133(7E)(a)(ii)

  Omit "4", substitute "5".

49 Subparagraph 133(7F)(a)(i)

  Omit "1 July 2015", substitute "1 July 2014".

50 Section 160

  Omit "each of the next 3 financial years", substitute "the financial year beginning on 1 July 2014".

51 Subsection 161(2)

  Omit all the words from and including "On each" to and including "the following formula", substitute "On 1 September in the eligible financial year beginning on 1 July 2013, the Regulator must issue a number of free carbon units equal to the number worked out using the following formula".

52 Subsection 161(3) (formula)

  Repeal the formula, substitute:

53 Subsection 196(1AA) (heading)

  Omit "11 months", substitute "8 months".

54 Subsection 196(1AA) (definition of number of units issued as the result of auctions )

  Omit "11-month period", substitute "8-month period".

55 Subsection 196(1AA) (definition of total auction proceeds )

  Omit "11-month period", substitute "8-month period".

56 Paragraph 196(1)(a)

  Omit "May 2016", substitute "May 2015".

57 Paragraph 196(2)(a)

  Omit "November 2015", substitute "November 2014".

58 Paragraph 196(3)(a)

  Omit "1 July 2015", substitute "1 July 2014".

59 Subsection 196A(18) (paragraph (c) of the definition of designated 6 -month period )

  Omit "November 2015", substitute "November 2014".

60 Subsection 212(2) (paragraph (b) of the definition of prescribed amount for the financial year in which the compliance deadline occurs )

  Omit "31 July 2014", substitute "31 October 2014".

61 Subsection 212(2) (paragraph (c) of the definition of prescribed amount for the financial year in which the compliance deadline occurs )

  Repeal the paragraph.

62 Subsection 212(3) (paragraph (b) of the definition of prescribed amount for the financial year in which the compliance deadline occurs )

  Omit "31 July 2014", substitute "31 October 2014".

63 Subsection 212(3) (paragraph (c) of the definition of prescribed amount for the financial year in which the compliance deadline occurs )

  Repeal the paragraph.

64 Subsection 289(8)

  Repeal the subsection, substitute:

Report

(8) The report of the first review must set out recommendations relating to the level of carbon pollution caps for each of the following flexible charge years:

  (a) the eligible financial year beginning on 1 July 2015;

  (b) the eligible financial year beginning on 1 July 2016;

(c) the eligible financial year beginning on 1 July 2017;

  (d) the eligible financial year beginning on 1 July 2018;

(e) the eligible financial year beginning on 1 July 2019.

This amendment goes to the heart of Labor's policy, which is of course for Australia to have an emissions trading scheme. Of course, a key feature of the existing carbon pricing legislation is that it ensures Australia can meet its targets—and stronger post-2020 targets if it chooses to do so—but Australia's existing carbon policy suite also has a greater capacity to meet our current and future targets because it features a legally binding cap on emissions. That is exactly what an emissions trading scheme does; it provides a legally binding cap on emissions. This is something that has been given a huge amount of support by economists and scientists, not just here but right across the world. The reason for that is that it goes all the way back to a number of IPCC reports—the first of which was in 1990; and there have been five since then—which made it very clear that limiting climate change will require substantial and sustained reductions of greenhouse gas emissions. That is why we need a legal cap on carbon dioxide pollution.

So my question to Senator Cormann is: how on earth does Direct Action address the IPCC's finding of the need for substantial and sustained reductions of greenhouse gas emissions? I have not been able to find one economist who has said it has been able to do so. Labor, however, wants to tackle climate change in the most cost-effective way possible, and an emissions trading scheme has proven to be the most cost-effective way. That is why we said that we would negotiate with and support the government in removing a carbon tax if it is replaced by an emissions trading scheme which puts that legal cap on carbon pollution and lets business work out the cheapest and most-effective way to operate within that cap.

Emissions trading schemes are already being adopted in many countries around the world. Despite that, the Prime Minister was recently in Canada trying to create a coalition of unwilling partners to support his Direct Action model—and he did not get very far. In his endeavours there, he spoke about how there were not any countries around the world adopting emissions trading schemes. He actually said there are no schemes on the cards and, in fact, countries are going backwards on emissions trading. That is so far from the truth it is not funny; it is a complete fabrication and thus it is a lie. Emissions trading schemes are being adopted in China, the US and South Korea—and we already have the EU scheme, which includes Germany, France, the UK and the like.

We know that the Liberals have an ideological opposition to climate change policy, which is why they do not even have a climate change minister. We know that Prime Minister Tony Abbott has previously described it as 'absolute crap,' while John Howard told a London audience that he would trust his instinct rather than the overwhelming evidence of 97 per cent of the world's climate scientists.

If this package of bills is repealed, Tony Abbott will have made Australia the only nation in the developed world to reverse action on climate change. He is scrapping Labor's policy that has seen wind-generated electricity triple and continue to grow because of the framework that Labor put around its clean energy package, a framework which included the Clean Energy Finance Corporation and ARENA and, importantly, a renewable energy target. In all of that, the iconic part of Labor's policy is an emissions trading scheme.

Tony Abbott's policy is completely out of step with the rest of the world. It is so out of step that it is embarrassing. Yet we know that the Liberal Party did support an emissions trading scheme and that there are still members of the Liberal Party who support an emissions trading scheme. I do not understand why the Prime Minister is refusing to include climate change on the G20 agenda. I understand that he has had pressure from the United States and China, both of which are acting on putting a legal cap on carbon pollution. Both countries are acting on emissions trading schemes.

The Prime Minister has also accused the United Nations climate chief of 'talking through her hat'. We also know that Greg Hunt relied on Wikipedia for his source of information when contradicting an opinion of the United Nations chief scientist in a BBC interview. So that is the kind of level of debate that we are dealing with when we are talking about climate change policy, one of the most fundamental legislative issues that is facing this parliament. It is an issue that we know will go beyond today and tomorrow and will continue to be so important after this debate is over. What is so disappointing is that, after this debate is over, because of the deal that the government has done with some of the crossbenchers, we will no longer have a price on air pollution in this country. We will not have a legal cap on carbon pollution. We will not have a market-based mechanism that will allow businesses to work out the best way to operate. It really surprises me beyond belief why a Liberal Party in Australia would not support a market-based mechanism to deal with the carbon pollution issue in this country.

Labor stand very clear and very firm on our position, outlined in this amendment to these bills, to support an emissions trading scheme. That has always been our position and continues to be our position. It is backed up by scientists and economists right across the country, right across the world, including Professor John Hewson and conservatives in the UK, the US and the like. Labor stand here proud of the fact that we have supported an emissions trading scheme and have brought into this place a position that would take Australia forward. It is not too late for the government to sleep on this matter tonight and then tomorrow, when they wake up, think about how they really want to address the issue of climate change policy for this country. Do they want to be left behind and take Australia backwards? Or do they want to take Australia forwards, increase economic investment in renewables and actually do something for our children to reduce air pollution in this country and play our role on the planet to reduce greenhouse gas emissions?

Progress reported.