Senate Foreign Affairs, Defence and Trade Legislation Committee [Part 2], , 55:18 to 59:13
Inquiry into whether the department sought external legal advice on the FTA's net zero requirements.
Topics: Government legal services, Trade policy, Climate change
Speakers: Speaker 4, Senator Matthew Canavan, George Mina, Cathy Raper, Unknown Speaker
>> has the department sought legal advice about whether or not um that uh uh this agreement does require parties to take measures that contribute to a net zero
>> I think if I could add, Senator, um there's clearly a commitment to the Paris agreement which uh Mr. Mina spoke to before the break. And specifically in 18.6.2, the commitment to effectively implement the Paris Agreement includes the obligation to refrain from any act or omission which materially defeats the object and purpose of the Paris agreement. So there there is that clear obligation and which can be subject to the dispute settlement. The distinction is the nationally determined contributions which remain within the um [clears throat] sovereign right of the Australian government to determine. So the distinction between the high level commitment to the Paris agreement and the specific commitments in the nationally determined contributions. So there's a difference in relation to the um the level of the commitment that's been made.
>> Can I just go back to my question? Did you seek legal advice on whether net zero is a requirement to be consistent with this agreement?
>> Well, Senator, we have uh a our own international public international lawyers in the department and they have been integrally involved
>> okay
>> in the negotiation of this.
>> Is that did you seek legal advice? Have you asked the Australian government solicitor to for advice on these
>> external legal advice beyond the department's international laws? We of course have carriage of public international law when it uh relates to trade in our in our department and and you have here chief trade
>> yes or no question. Did you did I'll ask specifically again did you ask the Australian government solicitor for advice on whether or not net zero was required by this deal?
normally uh Senator
from all the time on
>> if I could just intervene attorney general's uh the the um attorney general department and the office of international law the Australian government solicitor and department of foreign affairs and trade uh can provide international all three can provide international legal advice and so therefore all do provide that advice. So
the office
>> office of international law
>> did that office provide legal advice on
whether the agreement >> either the office of international law in the attorney general's department or uh relevant uh areas in the in the in DFA which include uh legal division and my division are able to pro provide international legal advice domestic legal advice we are not empowered to provide so you don't prov you you don't seek um e either of those can provide uh advice to the government
>> and our negotiators worked alongside our internal um public trade international law lawyers um in negotiating this agreement
>> and I can also confirm that we routinely and in regards to this we will consult so there may be a lead advice prepared by either ourselves or office of international law and it is common practice for uh us to second council each other's advice.