Jacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | Hansard source

Senators might recall from the other evening when we were in committee the list of questions that were asked of the parliamentary secretary on the government's plans for direct action. They went unanswered and indeed they remain unanswered and, in particular, the Senate committee dealing with that issue has yet to report to the Senate.

So we are no wiser on the government's plans to address climate change. We are no clearer on how the government's plans will address climate change. There are a couple of things in Senator Birmingham's earlier contributions, though, that I would like to briefly address. However, the committee consideration at this stage, hopefully, will not need to continue in much further detail.

Senator Birmingham, apart from providing relatively entertaining clips on a range of issues, such as my slinking around the chamber—I do not know what he had been doing that evening, but, hopefully, he is in a slightly better mood this afternoon—referred to the lie of our position. The evidence he gave us of one aspect of the lie of our position was that—

Senator Cormann interjecting—

Perhaps, when one smiles insults, it is meant to have a different meaning, Senator Cormann. But, unfortunately, Hansard does not record smiles. Anyway, back to the point: Senator Birmingham claimed that, as evidence of the lie of our position, we had not introduced legislation. He failed to mention, of course, that an exposure draft had been circulated and was the basis of consultation. Indeed, we heard the other day in relation to Direct Action that that is exactly what the government are planning to do in their case as well. So much for the lie of our position.

However, I would like to address the questions raised by Senator Milne regarding Labor's cap on carbon pollution. Senator Milne was keen to know exactly what the cap on carbon pollution was going to be on 1 July 2014. In fact, as I recall it, Senator Birmingham also raised that we were not really serious because we had not specified exactly what the cap would be. So let me deal with this issue in some detail.

Senator Milne was also keen to know exactly what the opposition was going to do about the Climate Change Authority report, which recommended—just to remind the chamber—that Australia increase its five per cent target to 15 per cent. Let me start with the issue of the legislative cap on carbon pollution. The answer is quite simple and it is laid out in part 2, section 14 of the Clean Energy Act 2011. Labor invested a great deal of time and energy in planning for a clean energy future—in fact, more time and energy than any other government in Australia's history.

The carbon pollution cap is held in regulations, and in making those regulations the minister must have regard for the following: Australia's international obligations; information provided by the Climate Change Authority under section 292; and Climate Change Authority advice on carbon pollution caps and carbon budgets. In addition to that, the minister must have regard to a range of other matters, including global, economic and social matters; compliance with this act; and domestic and international targets and estimates. The regulation giving effect to the carbon pollution cap for 2015 under current law in this country is to be tabled under section 38 of the Legislative Instruments Act 2003 by 31 May this year.

I am quite confident that the dedicated people in the Department of the Environment will have continued the good work of the climate change department in considering the elements as laid out in Labor's legislation that go to making the determination about what the right level of cap would be for the first year of an emissions trading scheme—unless Senator Birmingham wants to advise us differently!

The fundamental point here is that Labor has done the hard yards on this. Labor has a process and a series of legislative conditions and considerations that frame the setting of the cap on carbon pollution. Those conditions and considerations allow for all information available to be taken into the decision, including the latest advice of the Climate Change Authority. So, if Senator Milne would like to see a cap on carbon pollution, she will need to vote for Labor's amendments.

Then, as Australia falls behind the rest of the world in taking action on climate change, as we see more and more damage to our precious environment, where will we be? What exactly will the Greens party be achieving if they do not support these amendments for our children and our grandchildren? Voting with us on these amendments is the only way of ensuring a cap on pollution.