Document ID: chunk:federal_register_of_legislation:C2024C00572:section:22xs:p1
Version: federal_register_of_legislation:C2024C00572
Segment Type: section
Provision Reference: s 22XS (pt 1/2)
Character Range: 134794–137561

22XS  Safeguard rules
 (1) The Minister may, by legislative instrument (and subject to subsections (1A) and (2)), make rules (safeguard rules) prescribing matters:
 (a) required or permitted by this Act to be prescribed by the safeguard rules; or
 (b) necessary or convenient to be prescribed for carrying out or giving effect to the safeguard provisions.
 (1A) The Minister must not make safeguard rules unless the Minister is satisfied that those rules:
 (a) are consistent with each of the safeguard outcomes in paragraphs 3(2)(b), (c) and (d); and
 (b) take into account the safeguard outcomes in paragraphs 3(2)(e) and (f).
 (1B) If the Minister makes safeguard rules, the Minister must publish on the Department's website the Minister's reasons for being satisfied that the safeguard rules:
 (a) are consistent with each of the safeguard outcomes in paragraphs 3(2)(b), (c) and (d); and
 (b) take into account the safeguard outcomes in paragraphs 3(2)(e) and (f).
 (1C) If safeguard rules are in force and the Minister receives advice under subsection 14(1) of the Climate Change Act 2022 that:
 (a) safeguard emissions, or net safeguard emissions, for a financial year are not declining consistently with a safeguard outcome in paragraph 3(2)(b), (c) or (d) of this Act; and
 (b) the safeguard rules need to be amended in order to achieve each of those safeguard outcomes;
the Minister must:
 (c) undertake public consultation in relation to whether the safeguard rules need to be amended in order to achieve the safeguard outcomes and the content of any such amendment; and
 (d) if satisfied that the safeguard rules need to be amended in order to achieve the safeguard outcomes—amend the safeguard rules.
 (1D) If safeguard rules are in force and the Secretary is satisfied, having regard to:
 (a) an estimate given to the Secretary under section 15A of the Climate Change Act 2022; or
 (b) information published under subsection 24(3B) of this Act; or
 (c) information given to the Secretary, by an agency or authority of the Commonwealth, a State or a Territory, relating to the likely covered emissions of a designated large facility for a financial year;
that the safeguard rules need to be amended in order to achieve each of the safeguard outcomes in paragraphs 3(2)(b), (c) and (d) of this Act, then:
 (d) the Secretary must advise the Minister that the Secretary is so satisfied; and
 (e) the Minister must:
 (i) undertake public consultation in relation to whether the safeguard rules need to be amended in order to achieve the safeguard outcomes and the content of any such amendment; and
 (ii) if satisfied that the safeguard rules need to be amended in order to achieve the safeguard outcomes—amend the safeguard rules.
 (1E) Subsections (1C) and