Australian Capital Territory

Climate Change and Greenhouse Gas
Reduction (Climate Change Council
Member) Appointment 2018 (No 2) 
Disallowable instrument DI2018–101
made under the  
Climate Change and Greenhouse Gas Reduction Act 2010, s 20 (Membership)
EXPLANATORY STATEMENT

Overview
The Climate Change and Greenhouse Gas Reduction Act 2010 (the Act) section 20 (Membership) provides for the appointment to the ACT Climate Change Council (Council) of suitably qualified members of the community to provide advice to the Minister on matters relating to the reduction of greenhouse gas emissions and adaptation to climate change. The appointment for the non-public employee members of the Council is by way of a disallowable instrument which must be notified on the Legislation Register and tabled in the Legislative Assembly under the Legislation Act 2001 (Legislation Act).

Section 20(3) of the Act provides that the Minister may appoint a person as a member to the Council only if satisfied that the person is committed to addressing climate change and has knowledge and experience in an area relevant to the operation of the Act. 

Appointment
The disallowable instrument appoints Professor Penny Sackett as a member of the Council. Professor Sackett is not a public servant. Professor Sackett is appointed for the period 2 March 2018 until 30 June 2021.

Professor Sackett is appointed to the Council to represent the community’s interest in climate change and climate change science. 

Professor Sackett is a physicist, astronomer and former Chief Scientist for Australia. Professor Sackett has served on Australian, Dutch, European, South African and US science and advisory panels, including several multi-national consortia and working groups. Professor Sackett was appointed Director of the Australian National University (ANU) Research School of Astronomy and Astrophysics and Mount Stromlo and Siding Spring Observatories in 2002, serving a five year term. In October 2008 she took the post of Chief Scientist for Australia and retained academic status at the ANU to enable continued mentoring of students. 

As Chief Scientist for Australia (2008-2011), Professor Sackett provided independent advice to the Australian Government on matters of science and innovation, and was a vocal champion of evidenced-based decision-making. Professor Sackett is currently an Honorary Professor at the ANU Climate Change Institute, and a private strategic advisor.

The appointment has been made by the Minister for Climate Change and Sustainability. The Minister consulted the Standing Committee on Environment and Transport and City Services in accordance with section 228 (Consultation with appropriate Assembly committee) of the Legislation Act 2001. The Standing Committee did not provide any comment in relation to the proposed reappointment.

A Regulatory Impact (RIS) is not required for this disallowable instrument as it is unlikely to impose appreciable costs on the community (section 34(1) of the Legislation Act). Further, in accordance with section 36(1)(b) of the Legislation Act, a RIS is not necessary as the matter does not operate to the disadvantage of anyone by adversely affecting the person’s rights or imposing liabilities on the person.

Outline of provisions

Section 1 – Name of instrument
This section names the instrument.

Section 2 – Commencement of appointment
This section provides for the commencement of the instrument. The instrument is taken to have commenced on 2 March 2018. The retrospective commencement is non-prejudicial and does not adversely affect a person’s rights or imposes liabilities on a person in accordance with ss75A, 75B and 76 of the Legislation Act. The instrument commences retrospectively to ensure continuity of membership from when the previous appointments expired on 1 March 2018.

Section 3 – Climate Change Council member appointment
By this section the Minister appoints Professor Penny Sackett as a member of the Council.

Section 4 – Term of appointment
This section sets the term of the appointment as being for the period 2 March 2018 until 30 June 2021.