fb
$20 Bonus + 25% OFF
$20 Bonus + 25% OFF
Securing Higher Grades Costing Your Pocket? Book Your Assignment at The Lowest Price Now!
loader
Add File

Error goes here

Files Missing!

Please upload all relevant files for quick & complete assistance.

LAW2104 Constitutional Law

tag 0 Download17 Pages / 4,232 Words
  • Course Code: LAW2104
  • University: Edith Cowan University

    MyAssignmentHelp.com is not sponsored or endorsed by this college or university

  • Country: Australia

Question

In early May 2017, global warming takes a surprising and altogether devastating turn for the worse. The permafrost in the Arctic melts. All the carbon dioxide, once preserved in the layers of permafrost, is released. The oceans, as ever, are the great stores of global heat. As ocean temperature rises, the icebergs in the Arctic Circle, and the Antarctic itself, melt away. The big problem comes not from melting ice, but from the fact that water expands as it heats. Warmer oceans mean rising sea levels, and so the sea levels are rising quickly – extremely quickly.

With the melting of the permafrost, the sea levels rise. Storm activity increases. Major beaches in Western Australia and South Australia are eroded in wild storms. In Northern Queensland, half of Cairns is simply lost to the encroaching ocean. The Commonwealth government initially responds by suggesting that the rebuilding process would be good for the economy, and we shouldn’t impact on industry and Australian jobs out of knee jerk reaction to fuzzy science.* Then, after a prominent minister of the Commonwealth government loses his beach side investment property in a particularly wild storm that lashes the northern New South Wales Coast, finally, the Commonwealth government sees that it must consider recent events. Expert reports indicate that all of Australia’s coastline, where most Australians reside, is under serious threat. The majority of Australian population will be displaced in 3 years if urgent action isn’t taken. There is a clear national environmental crisis. All the science on global warming suggests that recent events are due to all the carbon dioxide humans are pumping into the atmosphere. So they must reduce carbon dioxide output.

A raft of emergency legislation having immediate nationwide effect is passed, including the Electricity Suppliers Carbon Output Reduction Act 2017 (Cth).

Section 3 contains the definitions, relevantly including:

‘Commission’ means the Nation’s Grand Mitigation Commission established in Part V of this Act.

‘Electricity suppliers’ includes all State and privately owned electricity industries.

‘Minister’ means the Minister for Environment.

‘National disaster potential contributor’ means anything, or anyone, declared by the Minister in accordance with s25(3)as having the potential to cause or contribute to a National disaster

Section 25(3) states ‘The Minister may declare an Electricity supplier to be a National disaster potential contributor where it produces more than 0.4tCO2e in one financial year’.

You can take as granted that tCO2e is a well-recognised unit of measurement for greenhouse gas emissions.

The company responsible for electricity production in WA is called ‘NiceGuy WA’. NiceGuy WA produces 3tCO2e per year. NiceGuy WA is wholly owned by the Western Australian government.

Once an Electricity supplier is declared a National disaster potential contributor, it becomes subject to the jurisdiction of the Nation’s Grand Mitigation Commission set up under Part V of the Act.

Section 106 establishes the Nation’s Grand Mitigation Commission (‘the Commission’).

Section 108 provides that the Minister appoints commissioners to hear and determine disputes for 5 year terms.

Section 120 gives the Commission certain powers:

s120(1) The Commission may make orders that National disaster potential contributors reduce carbon output to a target rate determined by the Commission, within a time determined by the Commission, taking into account

a) Commercial realities
b) Theurgent need to reduce carbon output;
c) Theneeds of directly affected parties; and
d) Theneeds of the nation.
 
s120(14) Where it is proven that a National disaster potential contributor has not met the reduced carbon to the target rate determined pursuant to s120(1), the National disaster potential contributor may be made liable to punishment. Maximum penalty: fine $5 million.
 
s120(15) Where the National disaster potential contributor has not met the target rate, the Commission may give the National disaster potential contributor more time, to a maximum of 6 months.
 
s126(16) Where the National disaster potential contributor fails to meet the target rate, pursuant to s120(15) the National disaster potential contributor is liable to a further fine, to a maximum of $10 million.
 
Meanwhile, the Western Australian State government is most unhappy. It feels that WA has been unfairly targeted by the Commission, and that New South Wales in particular is being let off the hook. New South Wales also has a large energy production companies, including ‘NiceGal NSW’. NiceGal NSW produces 3.5tCO2e per year.
 
Thus WA passes the National Carbon Contribution Equitable Distribution Scheme 2017.
 
In his second reading speech, the Minister for Environment makes reference to the following
 
Australia is facing threats to its existence as a whole due to climatechange;
 
climate change is created by carbon dioxide, including carbon dioxideemitted outside of Western Australia;
 
some high emitters of carbon dioxide are escaping liability under theCommonwealth scheme;
 
the legislation is a critical exercise of parliamentary power to protect the existence of WA and so the Act shall be given great
 
Section 2 contains definitions, including:
 
‘Electricity suppliers’ includes all State and privately owned electricity industries.
 
‘Western Australia disaster potential contributor’ means anything, or anyone, declared by the Minister in accordance with s18(3)as having the potential to cause or contribute to a National disaster.
 
Section 5 of the Act creates various offences, including
 
‘s5(5) It is an offence for any employee of an Electricity supplier or Western Australian disaster potential contributor to promote their company or any of their company’s activities in WA. Penalty: 10 years imprisonment.
 
Section 18(3) states ‘The Minister may declare any Electricity supplier in Australia or Overseas to be a Western Australian disaster potential contributor where it produces more than 0.4tCO2e in one financial year’.
 
Section 50 states ‘No provision of this Act shall, either by express words or necessary implication, be repealed or amended except by an absolute majority of the Legislative Assembly and Legislative Council’.
 
NiceGuy WA is most concerned. Pursuant to the Commonwealth legislation, it has been identified as a National disaster potential contributor and has been given a target of 1.5tCO2e to be achieved in 12 months. It will require major investment in new technologies, and it will involve a major disruption to the Western Australia’s energy supply and significant flow on costs to Western Australian energy consumers. It comes to you for advice. Advise NiceGuy WA.
 
NiceGal NSW, pursuant to the Western Australian legislation, has been identified as a Western Australian disaster potential contributor. Phillip Chaudeau is an employee of NiceGal NSW. He was given the job of marketing NiceGal NSW’s carbon sequestration technology to NiceGuy WA. Phillip was in Western Australia doing his job (spruiking NiceGal’s carbon sequestration) when he was arrested and charged under s5(5) of the National Carbon Contribution Equitable Distribution Scheme 2017 (WA). Phillip comes to you for advice. Advise Phillip.
Download Sample Now

Earn back the money you have spent on the downloaded sample by uploading a unique assignment/study material/research material you have. After we assess the authenticity of the uploaded content, you will get 100% money back in your wallet within 7 days.

Upload
Unique Document

Document
Under Evaluation

Get Money
into Your Wallet

Total 17 pages

Cite This Work

To export a reference to this article please select a referencing stye below:

My Assignment Help (2021) Constitutional Law [Online]. Available from: https://myassignmenthelp.com/free-samples/law2104-constitutional-law/commonwealth-legislation-prevail.html
[Accessed 02 December 2021].

My Assignment Help. 'Constitutional Law' (My Assignment Help, 2021) <https://myassignmenthelp.com/free-samples/law2104-constitutional-law/commonwealth-legislation-prevail.html> accessed 02 December 2021.

My Assignment Help. Constitutional Law [Internet]. My Assignment Help. 2021 [cited 02 December 2021]. Available from: https://myassignmenthelp.com/free-samples/law2104-constitutional-law/commonwealth-legislation-prevail.html.


Getting nightmare regarding pending chemistry assignment? Then it is high time you consider hiring chemistry assignment help service of MyAssigemnthelp.com. We at MyAssignmenthelp.com deliver quality subject specific assistance on more than 100+ subjects. For us, students' need is foremost, and we work round the clock to offer science, humanities and commerce assignment help. Among Commerce wing, our one of the most popular services is capital budgeting assignment help. In science segment, we have gained popularity with biology assignment help.

Latest Business Law Samples

BU1112 Business Law

Download : 0 | Pages : 6
  • Course Code: BU1112
  • University: James Cook University

    MyAssignmentHelp.com is not sponsored or endorsed by this college or university

  • Country: Australia

Answer: Part A Issue: Whether Stella is considered as an employee of PRX? Rule: The main difference between employee and independent contractor is stated below: Employee entered into contract of service, but contractor entered into contract for services. Employer exercise control over the employee but no control was exercised by employer on contractor. It is considered as traditional test which was developed in Zuijs v Wirth Bros(Zuijs...

Read More arrow Tags: Australia South Lake Management health finance management  University of New South Wales 

BSBWHS605 Develop Implement And Maintain WHS Management Systems

Download : 0 | Pages : 15

Answers: Work Health and Safety Management System (WHSMS) is a collection of plans, tools, activities and processes. List 3 of these plans, tools, activities or processes and explain what they are, The means, nitty gritty beneath, can be utilized whether the arranging procedure is straightforward or complex. They are: Evaluating the current word related to wellbeing and security status including the 'administration framework' Lussier, R. N...

Read More arrow Tags: Australia Brisbane Management Work Health and Safety Management System (WHSMS University of Brisbane MBA 

BUSN331 Business Law

Download : 0 | Pages : 3
  • Course Code: BUSN331
  • University: Centennial College

    MyAssignmentHelp.com is not sponsored or endorsed by this college or university

  • Country: Canada

Answers: Introduction In Alberta, the Residential Tenancies Act applies to all the people in this jurisdiction, who rent their space out (Alberta Queen’s Printer, 2016). Through this act, the rights and responsibilities of the landlords and tenants are brought forward (Landlord and Tenant, 2015). Question 1 Before a tenant can move in the rented accommodation, the tenant and the landlord have to reach an agreement, with regards to the...

Read More arrow Tags: Australia Edmonton Humanities Management University of New South Wales Masters in Business Administration 

LA1040 Contract Law

Download : 0 | Pages : 11
  • Course Code: LA1040
  • University: University Of London

    MyAssignmentHelp.com is not sponsored or endorsed by this college or university

  • Country: United Kingdom

Answer: Introduction  A contract is an agreement between the parties which is enforceable legally in the courts. There are several provisions of law which governs how the terms related to the contract would operate. A contract consists of a set of provisions which are known as contractual terms. The weightage of such terms are not equal as one term may have a more significant consequence as compared to the other in relation to their brea...

Read More arrow Tags: United Kingdom London Economics Management University of London 

TLAW202 Corporations Law

Download : 0 | Pages : 9
  • Course Code: TLAW202
  • University: Top Education Institute

    MyAssignmentHelp.com is not sponsored or endorsed by this college or university

  • Country: Australia

Answers: 1. If any person wants to carry out his business in the form of a company, then, it is necessary that the registration or incorporation requirements of such country must be met. In Australia, the Corporation Act 2001 and the guidelines laid down by ASIC provides with the steps that must be accomplish in order to establish a corporate entity.  (Malbon & Bishop, 2006). A company is of great significance as it is treated as a ...

Read More arrow
Next

Content Removal Request

If you are the original writer of this content and no longer wish to have your work published on Myassignmenthelp.com then please raise the content removal request.

5% Cashback

On APP - grab it while it lasts!

Download app now

*Offer eligible for first 3 orders ordered through app!

ribbon
callback request mobile
Have any Query?