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CLIMATE CHANGE ACT 2022 - SECT 15

Climate Change Authority to advise the Minister on greenhouse gas emissions reduction targets to be included in a new or adjusted nationally determined contribution

  (1)   The Climate Change Authority must, if requested to do so by the Minister, advise the Minister on either or both of the following matters:

  (a)   the greenhouse gas emissions reduction targets that the Climate Change Authority considers should be included in a new nationally determined contribution to be communicated by Australia in accordance with Article 4 of the Paris Agreement;

  (b)   the greenhouse gas emissions reduction targets that the Climate Change Authority considers should be included in Australia's nationally determined contribution as the result of an adjustment to be made in accordance with paragraph   11 of Article 4 of the Paris Agreement.

  (1A)   The advice given under subsection   (1) must include advice on:

  (a)   the social, employment and economic benefits of any new or adjusted greenhouse gas emissions reduction targets and associated policies, including for rural and regional Australia; and

  (b)   the physical impacts of climate change on Australia, including on rural and regional Australia.

  (2)   The Minister must request advice under subsection   (1) on the matter mentioned in paragraph   (1)(a) at least once every 5 years.

  (2A)   The Commonwealth must only communicate a new nationally determined contribution in accordance with Article 4 of the Paris Agreement that first includes a greenhouse gas emissions reduction target for 2035, 2040 or 2045 if:

  (a)   the Climate Change Authority has given advice under subsection   (1) on the target; or

  (b)   the Minister, after consultation with the Climate Change Authority, is satisfied that the new nationally determined contribution needs to be communicated urgently to further the matters set out in Article 2 of the Paris Agreement.

Note:   This requirement does not apply to adjustments of nationally determined contributions. Such adjustments must represent an enhancement of Australia's level of ambition under subsection   10(6) and advice on such adjustments may be requested under paragraph   15(1)(b).

  (3)   In considering advice to be given to the Minister under subsection   (1), the Climate Change Authority must make provision for public consultation.

  (3A)   The advice given under subsection   (1) must include an explanation of how the greenhouse gas emissions reductions targets have taken into account the matters set out in Article 2 of the Paris Agreement, including the global goals of:

  (a)   holding the increase in the global average temperature to well below 2°C above pre - industrial levels; and

  (b)   pursuing efforts to limit the temperature increase to 1.5°C above pre - industrial levels.

  (4)   In considering:

  (a)   the greenhouse gas emissions reduction targets that should be included in a new nationally determined contribution to be communicated by Australia in accordance with Article 4 of the Paris Agreement; or

  (b)   the greenhouse gas emissions reduction targets that should be included in Australia's nationally determined contribution as the result of an adjustment to be made in accordance with paragraph   11 of Article 4 of the Paris Agreement;

the Minister must have regard to any relevant advice given by the Climate Change Authority under subsection   (1).

  (5)   Subsection   (4) does not prevent the Minister from having regard to other advice.

  (6)   If the Climate Change Authority gives the Minister written advice under subsection   (1), the Climate Change Authority must publish a copy of that advice on its website.

  (7)   If the Climate Change Authority gives the Minister written advice under subsection   (1):

  (a)   the Minister must, within 6 months after that advice was given, prepare a written statement setting out:

  (i)   the Minister's response to that advice; and

  (ii)   if the Minister has decided not to accept that advice--the reasons for the decision not to accept that advice; and

  (b)   the Minister must cause a copy of the statement to be tabled in each House of the Parliament within 15 sitting days of that House after the preparation of the statement.



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