Mr Tony Burke (Watson, Australian Labor Party, Leader of the House) Share this | Hansard source

The government is not agreeing to the amendments, in terms of the amendment related to climate change, for the same reasons as I gave earlier in response to an amendment from the member for Bradfield.

With respect to on sheet 2, it seeks to further amend the commencement provisions to require the commencement arrangements to meet specific requirements. The requirement would be that they are 'consistent with the principle that the amendments related to assessment pathways should take effect gradually over three years'. In the government's view, it is legally uncertain what 'take effect gradually' would mean, and adding this criteria to instrument would potentially open a judicial review, which could frustrate the commencement of the bills.

That said, I respect the points that the member has put in making sure that the transition is done in a constructive way. The existing transitional rule-making power does provide the necessary flexibility for the government to work with stakeholders, as the member has suggested, and to apply a sensible transition period that provides certainty on when the new rules apply and ensure the benefits of the reforms for the environment and business are available in a timely manner.

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