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Monday, 18 June 2012
Page: 3547

Carbon Pricing

(Question No. 1513)


Senator Birmingham asked the Minister representing the Minister for Climate Change and Energy Efficiency, upon notice, on 16 January 2012:

With reference to the legal advice, relating to the potential for compensation claims from any possible repeal of the carbon tax legislation, requested on 16 September 2011 and received on 21 September 2011, as referred to in the answer to question no. 66 taken on notice during the October 2011 supplementary budget estimates hearing of the Environment and Communications Committee:

(1) Who requested the advice and by what means was the request made.

(2) To which departmental officers was the advice provided.

(3) To which ministers and/or parliamentary secretaries, or their offices, was the advice provided.

(4) On what date (or dates) was the advice forwarded to any ministers and/or parliamentary secretaries or their offices.

(5) Was the advice formally noted by any ministers or parliamentary secretaries; if so, by whom and on what date (or dates).


Senator Wong: The Minister for Climate Change and Energy Efficiency has provided the following answer to the honourable senator's question:

The advice was requested verbally by the Assistant Secretary, Carbon Price Legislation Branch, Department of Climate Change and Energy Efficiency. The request was made to the Senior General Counsel who had been outposted to the Department by the Australian Government Solicitor to assist in the development of the Clean Energy Legislative Package.

The advice was provided to the three Assistant Secretaries in the Climate Strategy and Markets Division, the First Assistant Secretary of the Climate Strategy and Markets Division, the Chief Advisor of the Climate Strategy and Markets Division and a policy officer.

Copies of the draft and final advice were provided by the Department to the office of the Minister for Climate Change and Energy Efficiency on 13 October 2011. The advice was not formally noted by any ministers or parliamentary secretaries.