A new ALP Government decides to implement more meaningful climate policy. It passes the Safe and Clean Environment Act 2023 (Cth). The legislation regulates a diverse range of activities including fossil fuel extraction, subsidies for electric vehicles and restrictions on the registration of Internal Combustion Engine (ICE) vehicles (otherwise known as 'petrol engine' vehicles) within the states. In the Bill's Second-Reading Speech, the federal Environment Minister refers to 'Australia's international climate obligations, outlined in the Paris Agreement 2016' and the threat to World Heritage Areas within Australia such as the Great Barrier Reef and the Central Eastern Rainforest Reserves if the country's current rate of climate emissions continues unabated. The Minister also draws attention to a report by the CSIRO outlining 'a high likelihood of catastrophic crop failure' in the agricultural sector, leading to domestic food shortages and international famine. She also references the significant loss of human life and property associated with bush fires, floods and the increasing prevalence of natural disasters associated with climate change. 'In short', she says, 'our way of life as we know it, our nationhood, is threatened by a climate emergency, which necessitates the measures outlined in this Bill'. The substantive provisions of the Act relevantly provide as follows: ... Section 5 - Corporations engaged in fossil fuel extraction Any corporation engaged in the extraction of fossil fuels such as coal, oil, gas, within any location either within Australia or its offshore territorial domains, must cease extraction by 1 July 2025. Penalty provision: Failure to comply with this provision is a civil penalty offence, punishable by a fine of up to 300,000 penalty units for corporations and 30,000 penalty units for individuals. ... Section 25 - Electric vehicle subsidy scheme (1) Eligible purchasers include: a) those who have purchased new and wholly electric vehicles; b) with a retail price of less than $60,000; and c) the purchaser's gross annual earnings are less than $167,500.

Teaching materials and exam resources provided to you at UTS are protected by copyright. Students are reminded that copying or sharing of these materials can constitute misconduct. Page 4 of 7 Section 26 - Subsidy scheme Payments for the administration of the electric vehicle subsidy scheme shall be drawn from the consolidated revenue fund as and when required by the Federal Minister for the Environment. Note: Given the nature of the climate emergency, $15 billion (AUD) expenditure has been earmarked for this scheme. ... Section 49 - Registration of ICE vehicles ICE vehicles purchased after 1 July 2025 will not be eligible for registration within any Australian State or Territory after 1 July 2035. Section 50 - Excluded vehicles Section 49 of this Act does not apply to the registration of trucks, buses, hybrid and wholly electric vehicles. ... The fossil fuel lobby are outraged by the provisions of the Act banning fossil fuel extraction. They are joined by ICE car manufacturers in challenging the Act in the High Court. All States except for New South Wales have planned to retire their fleet of ICE vehicles by 2035, ensuring that all state-owned vehicles are hybrids and EVs. New South Wales, however, maintains that it cannot afford to retire its fleet and has planned to maintain its ICE vehicle fleet until 2050. NSW joins the High Court challenge, citing what it considers 'unjust' and 'discriminatory' Commonwealth laws.

QUESTION 1) You are a junior solicitor working for the Commonwealth Solicitor- General. You have been asked to brief the Solicitor-General on the constitutional validity of the Act