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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Climate Emergency Declaration Bill 2020
No. , 2020
(Mr Bandt)
A Bill for an Act to recognise and declare a climate
change emergency, and for related purposes
No. , 2020
Climate Emergency Declaration Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Definitions ......................................................................................... 2
4
The Climate Emergency Declaration ................................................. 2
5
Obligations of all public service agencies ......................................... 3
6
Multi-Party Climate Emergency Committee ..................................... 4
7
Concurrent operation of other laws ................................................... 5
8
Rules .................................................................................................. 5
No. , 2020
Climate Emergency Declaration Bill 2020
1
A Bill for an Act to recognise and declare a climate
1
change emergency, and for related purposes
2
The Parliament of Australia enacts:
3
4
1 Short title
5
This Act is the
Climate Emergency Declaration Act 2020
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
Section 3
2
Climate Emergency Declaration Bill 2020
No. , 2020
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
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3 Definitions
8
In this Act:
9
agent
includes a contractor.
10
annual report
, in relation to a public service care agency, means
11
an annual report relating to the activities of the agency that is
12
required by a provision of the
Public Service Act 1999
, or by a
13
provision of another Act that establishes the agency.
14
Climate Emergency Declaration
: see section 5.
15
public service agency
means an Agency within the meaning of the
16
Public Service Act 1999
.
17
reporting period
, in relation to a public service agency, means a
18
period of 12 months to which an annual report of the agency
19
relates.
20
rules
means rules made under section 9.
21
4 The Climate Emergency Declaration
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(1) This Act declares an environment and climate emergency.
23
(2) This Act recognises that:
24
Section 5
No. , 2020
Climate Emergency Declaration Bill 2020
3
(a) the recent report of the Inter-governmental Panel on Climate
1
Change (
IPCC
), Special Report: Global Warming of 1.5°C,
2
indicates that we are facing a climate emergency, and as a
3
result, meaningful action on climate change is urgent, at
4
home and internationally; and
5
(b) this IPCC report has found that the world is not on track to
6
limit global warming to less than 1.5°C; and
7
(c) local and federal governments across the world have declared
8
a climate emergency; and
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(d) extreme weather events have devastated and will continue to
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devestate large parts of Australia and radically impact food
11
production, water availability, public health, infrastructure,
12
the community and the financial system; and
13
(e) urgent action consistent with the internationally accepted
14
science is required to address climate change.
15
5 Obligations of all public service agencies
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(1) Each public service agency is to take all practicable measures to
17
ensure that its employees and agents have an awareness and
18
understanding of the Climate Emergency Declaration.
19
(2) Each public service agency's policies, so far as they may
20
significantly affect climate change, are to be developed having due
21
regard to the Climate Emergency Declaration.
22
(3) Each public service agency is to take all practicable measures to
23
ensure that it, and its employees and agents, take action to reflect
24
the principles of the Climate Emergency Declaration in
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developing, implementing, providing or evaluating policies relating
26
to climate change or that may have climate change impacts.
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(4) Each public service agency is to consult the community and
28
relevant bodies when developing or evaluating policies relating to
29
climate change or policies that may have climate change impacts.
30
(5) Each public service agency must prepare a report on its compliance
31
with this section in each reporting period. The report must be
32
included in the agency's annual report for the reporting period.
33
Section 6
4
Climate Emergency Declaration Bill 2020
No. , 2020
(6) Subsection (5) applies, in relation to a particular public service
1
agency, to:
2
(a) the first full reporting period of the agency that starts on or
3
after the commencement of this Act; and
4
(b) all subsequent reporting periods of the agency.
5
6 Multi-Party Climate Emergency Committee
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(1) The Multi-Party Climate Emergency Committee is established.
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(2) The Committee consists of the following members:
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(a) the Prime Minister;
9
(b) the Leader of the Opposition in the House of Representatives;
10
(c) the leader of the recognised political party known as the
11
Australian Greens;
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(d) each Minister responsible for any of the following:
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(i) environment policy;
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(ii) climate change policy;
15
(iii) agriculture policy;
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(iv) water resources policy;
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(v) fisheries policy;
18
(vi) forestry policy;
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(e) up to 5 members of either House of the Parliament who do
20
not form part of the Government or the Opposition, to be
21
appointed by the Prime Minister.
22
(3) The Committee's functions include consulting, negotiating, leading
23
and reporting to Cabinet on the implementation of the Climate
24
Emergency Declaration and a whole of society response to the
25
climate change challenge.
26
(4) A member of the Committee ceases to hold office:
27
(a) when the House of Representatives expires by effluxion of
28
time or is dissolved; or
29
(b) if the member ceases to be a member of the House of the
30
Parliament by which the member was appointed.
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Section 7
No. , 2020
Climate Emergency Declaration Bill 2020
5
(5) The Committee may determine the procedures to be followed at or
1
in relation to meetings of the Committee, including matters relating
2
to:
3
(a) the convening of meetings of the Committee;
4
(b) the number of members of the Committee who are to
5
constitute a quorum;
6
(c) the selection of a member of the Committee to preside at
7
meetings of the Committee ; and
8
(d) the manner in which questions arising at a meeting of the
9
Committee are to be decided.
10
7 Concurrent operation of other laws
11
This Act is not intended to apply to the exclusion of any law of a
12
State or Territory that is capable of operating concurrently with this
13
Act.
14
8 Rules
15
(1) The Minister may, by legislative instrument, make rules
16
prescribing matters:
17
(a) required or permitted by this Act to be prescribed by the
18
rules; or
19
(b) necessary or convenient to be prescribed for carrying out or
20
giving effect to this Act.
21
(2) To avoid doubt, the rules may not do the following:
22
(a) create an offence or civil penalty;
23
(b) provide powers of:
24
(i) arrest or detention; or
25
(ii) entry, search or seizure;
26
(c) impose a tax;
27
(d) set an amount to be appropriated from the Consolidated
28
Revenue Fund under an appropriation in this Act;
29
(e) directly amend the text of this Act.
30