Constitutional issues relating to domestic gas reservation announcement

Question

Would you agree that the domestic gas reservation policy disproportionately impacts Queensland's gas industry? What analysis or feedback has AGD provided about the impact this policy will have on Queensland's gas royalties? What consultation has there been with the states and territories from AGD on constitutional issues relating to the policy's implementation? Has the department provided legal advice to DISR or the government, to ensure that the proposed legislation does not contravene the Constitution? Has the Government/department assessed whether this policy could trigger investor state dispute settlement claims, compensation claims, or disputes under trade and investment agreements? Will the Government indemnify exporters against contractual penalties or damages arising from compliance with Australian law? Will Government table any legal advice confirming that forcing exporters to redirect gas, source international cargoes, or curtail exports is constitutionally and commercially enforceable?

Answer

Please see attached answer.

Documents

• Question with answer (PDF) (opens in a new tab)
• BE26-345.pdf (opens in a new tab)