2026–27 Safeguard Mechanism Review
Submission Date: 25 September 2026
The Law Council of Australia provided a submission to the Department of Climate Change, Energy, the Environment and Water on the 2026–27 Review of the Safeguard Mechanism (the Review). The Law Council acknowledges the significant contribution of the Law Society of New South Wales to this submission.
The Consultation Paper states that the Review is not intended to recommend fundamental changes to the Safeguard Mechanism’s design, but instead to assess current policy settings to confirm the 2023 reforms to the Mechanism are working as intended and appropriately calibrated, and to inform the best policy settings towards the Australian Government’s plan to achieve net zero emissions by 2050.1 It also states that initial results indicate the reformed settings are working as intended and that the scheme is on track to meet its 2030 emissions targets.2
Many of the issues raised in the Consultation Paper are of a scientific or technical nature, and will benefit from feedback informed by industry stakeholders with operational exposure and expertise in these areas. From the Law Council’s perspective, it will be important that any changes introduced promote legal certainty and are capable of enforcement. Consistent with its Climate Change Policy,3 the Law Council reiterates that Australia’s climate change and emissions-reduction laws and policies should:
- fully implement and comply with Australia’s international legal obligations concerning climate change, including under the Paris Agreement;
- give effect to rule-of-law principles; and
- operate fairly and equitably and promote public confidence.
1 Australian Government, Department of Climate Change, Energy, the Environment and Water, Safeguard Mechanism Review (Consultation Paper, August 2026) 2 (Consultation Paper).
2 Ibid 6, 10; See also Australian Government Clean Energy Regulator, 2024-25 Safeguard Mechanism data insights (Report, April 2026) 3.
3 Law Council of Australia, Climate Change Policy (Policy Statement, 27 November 2021).
Last Updated on 08/10/2026
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