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This is a Bill, not an Act. For current law, see the Acts databases.
AUSTRALIAN RENEWABLE ENERGY AGENCY BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Renewable Energy Agency
Bill 2011
No. , 2011
(Resources and Energy)
A Bill for an Act to establish the Australian
Renewable Energy Agency, and for related
purposes
i Australian Renewable Energy Agency Bill 2011 No. , 2011
Contents
Part 1--Preliminary
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
2
3 Object
.................................................................................................
2
4 Definitions
.........................................................................................
2
5
Extension to external Territories ........................................................ 3
6 Extra-territorial
application ................................................................ 3
Part 2--Australian Renewable Energy Agency
4
7 Establishment
.....................................................................................
4
8 ARENA's
functions
...........................................................................
4
9
General rules about performance of functions ................................... 5
10
Provision of financial assistance to be in accordance with
general funding strategy ..................................................................... 6
11
Minister may request ARENA to consider funding for
specified projects ............................................................................... 6
12 Ministerial
approval
where
grants exceed $50 million ...................... 6
13
Minister may direct ARENA to provide advice ................................. 6
14 Constitutional
limits
...........................................................................
6
15 ARENA's
powers
..............................................................................
8
16
ARENA does not have privileges and immunities of the
Crown ................................................................................................ 8
Part 3--Board of ARENA
9
Division 1--Establishment and functions
9
17 Establishment
.....................................................................................
9
18
Functions of the Board ....................................................................... 9
Division 2--General funding strategy, guidelines and work plans
10
Subdivision A--General funding strategy
10
19 General
funding
strategy .................................................................. 10
20
Approval of general funding strategy .............................................. 10
21
When a general funding strategy for a year is in force .................... 11
22 Variation
of
general
funding strategy .............................................. 11
23
General funding strategy to be published on ARENA's
website ............................................................................................. 11
Subdivision B--Guidelines
12
24 Guidelines
........................................................................................
12
25
Approval of guidelines for financial assistance in excess of
$15 million ....................................................................................... 12
Australian Renewable Energy Agency Bill 2011 No. , 2011 ii
26
Guidelines to be published on ARENA's website ........................... 13
Subdivision C--Work plans
13
27 Work
plan
........................................................................................
13
28
Work plan to be taken into account ................................................. 14
Division 3--Board Members
15
29 Membership
.....................................................................................
15
30 Appointment
of
Board members ...................................................... 15
31 Chair
................................................................................................
15
32
Term of appointment ....................................................................... 15
33 Acting
appointments
........................................................................
16
34 Remuneration
...................................................................................
16
35
Leave of absence .............................................................................. 17
36
Disclosure of interests to the Minister ............................................. 17
37 Resignation
of
appointed members .................................................. 17
38
Termination of appointment of appointed members ........................ 18
39
Other terms and conditions of appointed members .......................... 18
Division 4--Meetings of the Board
19
40 Convening
meetings ........................................................................ 19
41
Secretary may nominate alternate to attend Board meetings ........... 19
42
Presiding at meetings ....................................................................... 19
43 Quorum
............................................................................................
20
44
Voting at meetings ........................................................................... 20
45
Conduct of meetings ........................................................................ 20
46 Minutes
............................................................................................
20
47 Decisions
without meetings ............................................................. 20
Division 5--Committees
22
48 Committees
......................................................................................
22
49 Remuneration
and
allowances ......................................................... 22
Part 4--Chief Executive Officer, staff and consultants
23
Division 1--Chief Executive Officer of ARENA
23
50 Establishment
...................................................................................
23
51 Role
..................................................................................................
23
52 Appointment
....................................................................................
23
53 Acting
appointments
........................................................................
24
54 Outside
employment
........................................................................
24
55 Remuneration
...................................................................................
24
56 Leave
...............................................................................................
24
57 Disclosure
of
interests ...................................................................... 25
58 Resignation
......................................................................................
25
iii Australian Renewable Energy Agency Bill 2011 No. , 2011
59 Termination
of
appointment ............................................................ 25
60 Other
terms
and
conditions .............................................................. 26
Division 2--Staff and consultants
27
61 Chief
Financial Officer .................................................................... 27
62 Other
staff
........................................................................................
27
63 Consultants
......................................................................................
27
Part 5--Finance
28
64
Amounts available for payment to ARENA .................................... 28
65
Payment of up to balance of specified amounts on request by
ARENA ........................................................................................... 29
66 Appropriation
...................................................................................
30
67 Application
of
ARENA's money ..................................................... 30
68
ARENA's money not public money ................................................ 31
69 Taxation
...........................................................................................
31
Part 6--Miscellaneous
32
70
Extra matters to be included in annual report .................................. 32
71 Delegation
by
ARENA
....................................................................
32
72 Delegation
by
Board
........................................................................
33
73 Subdelegation
by
CEO
.....................................................................
33
74 Regulations
......................................................................................
34
Australian Renewable Energy Agency Bill 2011 No. , 2011 1
A Bill for an Act to establish the Australian
1
Renewable Energy Agency, and for related
2
purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Australian Renewable Energy Agency
8
Act 2011.
9
Part 1 Preliminary
Section 2
2 Australian Renewable Energy Agency Bill 2011 No. , 2011
2 Commencement
1
This Act commences on 1 July 2012.
2
3 Object
3
The main object of this Act is to:
4
(a) improve the competitiveness of renewable energy
5
technologies; and
6
(b) increase the supply of renewable energy in Australia.
7
4 Definitions
8
In this Act:
9
agreement includes a contract or deed.
10
appointed member means a Board member appointed under
11
section 30.
12
ARENA: see Australian Renewable Energy Agency.
13
ARENA's money: see section 67.
14
Australia, when used in a geographical sense, includes the external
15
Territories.
16
Australian Renewable Energy Agency or ARENA means the body
17
established by section 7.
18
Board means the Board of ARENA.
19
Board member means a member of the Board.
20
CEO means the Chief Executive Officer of ARENA.
21
Chair means the Chair of the Board.
22
Chief Financial Officer means the person employed under
23
section 61.
24
Climate Change Convention means the United Nations
25
Framework Convention on Climate Change done at New York on
26
Preliminary Part 1
Section 5
Australian Renewable Energy Agency Bill 2011 No. , 2011 3
9 May 1992, as amended and in force for Australia from time to
1
time.
2
Note:
The text of the Convention is set out in Australian Treaty Series 1994
3
No. 2 ([1994] ATS 2). In 2011, the text of a Convention in the
4
Australian Treaty Series was accessible through the Australian
5
Treaties Library on the AustLII website (www.austlii.edu.au).
6
Finance Minister means the Minister who administers the
7
Financial Management and Accountability Act 1997.
8
financial assistance means:
9
(a)
grants;
or
10
(b) any other kinds of assistance specified by the Minister by
11
legislative instrument for the purpose of this paragraph.
12
non-Commonwealth money means money that ARENA receives
13
from a person other than the Commonwealth.
14
renewable energy technologies includes:
15
(a) hybrid technologies; and
16
(b) technologies (including enabling technologies) that are
17
related to renewable energy technologies.
18
Secretary means the Secretary of the Department.
19
vacancy, in relation to the office of an appointed member, has a
20
meaning affected by subsection 33(4).
21
5 Extension to external Territories
22
This Act extends to every external Territory.
23
6 Extra-territorial application
24
This Act extends to acts, omissions, matters and things outside
25
Australia.
26
27
Part 2 Australian Renewable Energy Agency
Section 7
4 Australian Renewable Energy Agency Bill 2011 No. , 2011
Part 2--Australian Renewable Energy Agency
1
2
7 Establishment
3
(1) The Australian Renewable Energy Agency (ARENA) is
4
established by this section.
5
(2)
ARENA:
6
(a) is a body corporate; and
7
(b) must have a seal; and
8
(c) may sue and be sued.
9
Note: The Commonwealth Authorities and Companies Act 1997 applies to
10
ARENA. That Act deals with matters relating to Commonwealth
11
authorities, including reporting and accountability, banking and
12
investment, and conduct of officers.
13
(3) ARENA's seal is to be kept in such custody as the Board directs
14
and must not be used except as authorised by the Board.
15
(4) All courts, judges and persons acting judicially must:
16
(a) take judicial notice of the imprint of the seal of ARENA
17
appearing on a document; and
18
(b) presume that the document was duly sealed.
19
8 ARENA's functions
20
ARENA has the following functions:
21
(a) to provide financial assistance for:
22
(i) research into renewable energy technologies; or
23
(ii) the development, demonstration, commercialisation or
24
deployment of renewable energy technologies; or
25
(iii) the storage and sharing of information and knowledge
26
about renewable energy technologies;
27
(b) to enter into agreements for the purpose of providing
28
financial assistance as mentioned in paragraph (a) and to
29
administer such agreements;
30
Australian Renewable Energy Agency Part 2
Section 9
Australian Renewable Energy Agency Bill 2011 No. , 2011 5
(c) to collect, analyse, interpret and disseminate information and
1
knowledge relating to renewable energy technologies and
2
projects;
3
(d) to provide advice to the Minister relating to renewable energy
4
technologies, including advice about the following:
5
(i) improving the competitiveness of renewable energy
6
technologies;
7
(ii) increasing the supply of renewable energy in Australia;
8
(iii) improving the development of skills in the renewable
9
energy technology sector;
10
(iv) increasing the use of renewable energy technologies;
11
(e) to liaise with State and Territory governments and other
12
authorities for the purpose of facilitating renewable energy
13
projects for which financial assistance is, or is proposed to
14
be, provided as mentioned in paragraph (a);
15
(f) any other functions that are prescribed by the regulations;
16
(g) any other functions conferred on ARENA by this Act or any
17
other Commonwealth law;
18
(h) to do anything incidental to, or conducive to, the performance
19
of the above functions.
20
9 General rules about performance of functions
21
In performing its functions, ARENA must:
22
(a) act in a proper, efficient and effective manner; and
23
(b) ensure that decisions about the provision of financial
24
assistance are based on merit; and
25
(c)
if
appropriate:
26
(i) act collaboratively with other persons, organisations and
27
governments (including international organisations and
28
foreign governments); and
29
(ii) promote the sharing of information and knowledge
30
about renewable energy technologies.
31
Part 2 Australian Renewable Energy Agency
Section 10
6 Australian Renewable Energy Agency Bill 2011 No. , 2011
10 Provision of financial assistance to be in accordance with general
1
funding strategy
2
ARENA must not enter into an agreement for the provision of
3
financial assistance unless the financial assistance provided for is
4
in accordance with the general funding strategy that is in force
5
under Subdivision A of Division 2 of Part 3 at the time when the
6
agreement is entered into.
7
11 Minister may request ARENA to consider funding for specified
8
projects
9
(1) The Minister may, in writing, request ARENA to consider
10
providing financial assistance for a particular project specified in
11
the request.
12
(2) ARENA must consider the request.
13
12 Ministerial approval where grants exceed $50 million
14
ARENA must not, without the written approval of the Minister,
15
make grants totalling more than $50 million for a particular
16
project.
17
Note:
Guidelines for grant programs enabling grants exceeding $15 million
18
for a particular project must be approved by the Minister under
19
section 25.
20
13 Minister may direct ARENA to provide advice
21
(1) The Minister may, in writing, direct ARENA to provide advice to
22
the Minister in relation to a matter mentioned in paragraph 8(d).
23
(2) ARENA must comply with the direction.
24
14 Constitutional limits
25
ARENA may perform its functions only:
26
(a) for purposes relating to a corporation to which paragraph
27
51(xx) of the Constitution applies; or
28
(b) for purposes related to external affairs, including:
29
Australian Renewable Energy Agency Part 2
Section 14
Australian Renewable Energy Agency Bill 2011 No. , 2011 7
(i) giving effect to the Climate Change Convention,
1
including by performing functions in relation to
2
renewable energy technologies that could reasonably be
3
expected to control, reduce or prevent anthropogenic
4
emissions of greenhouse gases; or
5
(ii) giving effect to another international agreement to
6
which Australia is a party; or
7
(iii) addressing matters of international concern; or
8
(iv) by way of the performance of its functions in a place
9
outside Australia; or
10
(c) for purposes relating to the collection of statistics; or
11
(d) for purposes relating to trade and commerce:
12
(i) between Australia and places outside Australia; or
13
(ii) among the States; or
14
(iii) within a Territory, between a State and a Territory or
15
between 2 Territories; or
16
(e) by way of the use of a postal, telegraphic, telephonic or other
17
like service within the meaning of paragraph 51(v) of the
18
Constitution; or
19
(f) by way of the provision of service, or financial assistance, to:
20
(i) the Commonwealth; or
21
(ii) an authority of the Commonwealth;
22
for a purpose of the Commonwealth; or
23
(g) for purposes relating to the granting of financial assistance to
24
a State; or
25
(h) in, or for purposes relating to, a Territory; or
26
(i) in or with respect to a Commonwealth place (within the
27
meaning of the Commonwealth Places (Application of Laws)
28
Act 1970); or
29
(j) for purposes relating to the implied power of the Parliament
30
to make laws with respect to nationhood; or
31
(k) for purposes relating to the executive power of the
32
Commonwealth; or
33
(l) for purposes relating to matters incidental to the execution of
34
any of the legislative powers of the Parliament or the
35
executive power of the Commonwealth.
36
Part 2 Australian Renewable Energy Agency
Section 15
8 Australian Renewable Energy Agency Bill 2011 No. , 2011
15 ARENA's powers
1
(1) In addition to any other powers conferred on it by this Act,
2
ARENA has, subject to this Act, power to do all things necessary
3
or convenient to be done for or in connection with the performance
4
of its functions.
5
(2) Without limiting the generality of subsection (1), the powers
6
include, subject to this Act, power:
7
(a) to enter into contracts; and
8
(b) to acquire, hold and dispose of real and personal property;
9
and
10
(c) to accept, otherwise than on trust, gifts, devises, bequests or
11
other payments of money.
12
16 ARENA does not have privileges and immunities of the Crown
13
ARENA does not have the privileges and immunities of the Crown
14
in right of the Commonwealth.
15
16
Board of ARENA Part 3
Establishment and functions Division 1
Section 17
Australian Renewable Energy Agency Bill 2011 No. , 2011 9
Part 3--Board of ARENA
1
Division 1--Establishment and functions
2
17 Establishment
3
There is to be a Board of ARENA.
4
18 Functions of the Board
5
(1) The functions of the Board are:
6
(a) the functions the Board has under Division 2 relating to
7
general funding strategies, guidelines and work plans; and
8
(b) to decide the other strategies, objectives and policies to be
9
followed by ARENA; and
10
(c) to ensure that ARENA complies with this Act.
11
(2) The Board has the power to do all things necessary or convenient
12
to be done for or in connection with the performance of its
13
functions.
14
(3) Anything done in the name of, or on behalf of, ARENA by the
15
Board, or with the authority of the Board, is taken to have been
16
done by ARENA.
17
18
Part 3 Board of ARENA
Division 2 General funding strategy, guidelines and work plans
Section 19
10 Australian Renewable Energy Agency Bill 2011 No. , 2011
Division 2--General funding strategy, guidelines and work
1
plans
2
Subdivision A--General funding strategy
3
19 General funding strategy
4
(1) The Board must, for the 2012-2013 financial year and each later
5
financial year, develop a general funding strategy for the provision
6
of financial assistance under this Act.
7
(2) The general funding strategy for the 2012-2013 financial year must
8
be developed as soon as practicable after the start of that year. A
9
general funding strategy for a later financial year must be
10
developed during the previous financial year.
11
(3) A general funding strategy must:
12
(a) be in writing; and
13
(b) be expressed to relate to the financial year for which the
14
strategy is developed and the next 2 financial years; and
15
(c) state ARENA's principal objectives and priorities for the
16
provision of financial assistance under this Act during the
17
financial year for which the strategy is developed and the
18
next 2 financial years.
19
(4) A general funding strategy must not require financial assistance to
20
be provided to a particular person, or for a particular project.
21
20 Approval of general funding strategy
22
(1) As soon as practicable after developing a general funding strategy
23
for a financial year, the Board must give a copy of the strategy to
24
the Minister for approval.
25
(2) A general funding strategy developed by the Board and approved
26
by the Minister is a legislative instrument made by the Minister on
27
the day on which the strategy is approved, but section 42
28
(disallowance) of the Legislative Instruments Act 2003 does not
29
apply to a general funding strategy.
30
Board of ARENA Part 3
General funding strategy, guidelines and work plans Division 2
Section 21
Australian Renewable Energy Agency Bill 2011 No. , 2011 11
21 When a general funding strategy for a year is in force
1
(1) A general funding strategy for a financial year comes into force at
2
the later of the following times:
3
(a) the time when the Minister approves the strategy;
4
(b) the start of the financial year.
5
(2) A general funding strategy for a financial year ceases to be in force
6
when the general funding strategy for the next financial year comes
7
into force.
8
22 Variation of general funding strategy
9
(1) The Board must, during a financial year, regularly review the
10
general funding strategy that is in force for the year and consider if
11
any variations should be made to the strategy.
12
(2) The Board may vary a general funding strategy.
13
(3) A variation must be in writing.
14
(4) As soon as practicable after developing a variation, the Board must
15
give a copy of the variation to the Minister for approval.
16
(5) A variation comes into force at the later of the following times:
17
(a) the time when the Minister approves the variation;
18
(b) the commencement time specified in the instrument of
19
variation (not being a time before the instrument is made).
20
(6) A variation developed by the Board and approved by the Minister
21
is a legislative instrument made by the Minister on the day on
22
which the variation is approved, but section 42 (disallowance) of
23
the Legislative Instruments Act 2003 does not apply to a variation.
24
23 General funding strategy to be published on ARENA's website
25
The Board must ensure that the general funding strategy that is in
26
force from time-to-time under this Subdivision is published on
27
ARENA's website.
28
Part 3 Board of ARENA
Division 2 General funding strategy, guidelines and work plans
Section 24
12 Australian Renewable Energy Agency Bill 2011 No. , 2011
Subdivision B--Guidelines
1
24 Guidelines
2
(1) Subject to subsection (2), the Board may:
3
(a) develop guidelines for the provision of financial assistance
4
under this Act; and
5
(b) vary or revoke such guidelines.
6
(2) The Board must develop guidelines for a grant program if, under
7
the program, the total of all grants for a particular project could
8
exceed $15 million.
9
(3) Guidelines, or a variation or revocation of guidelines, must be in
10
writing.
11
(4) Unless section 25 applies, guidelines, or a variation or revocation
12
of guidelines, come into force at the commencement time specified
13
in the instrument making, varying or revoking the guidelines (not
14
being a time before the instrument is made).
15
(5) None of the following are legislative instruments:
16
(a)
guidelines;
17
(b) a variation or revocation of guidelines.
18
25 Approval of guidelines for financial assistance in excess of $15
19
million
20
(1) The Board must give to the Minister, for his or her approval:
21
(a) guidelines for a grant program referred to in subsection
22
24(2); and
23
(b) any variation of such guidelines, unless the variation is of a
24
minor nature (a minor variation); and
25
(c) any revocation of such guidelines.
26
Note:
Grants totalling more than $50 million for a particular project must be
27
approved by the Minister under section 12.
28
(2) If the Board makes a minor variation, the Board must inform the
29
Minister of the variation.
30
Board of ARENA Part 3
General funding strategy, guidelines and work plans Division 2
Section 26
Australian Renewable Energy Agency Bill 2011 No. , 2011 13
(3) Guidelines, or a variation or revocation, referred to in
1
subsection (1) come into force at the later of the following times:
2
(a) the time when the Minister approves the guidelines, or the
3
variation or revocation (unless the variation is a minor
4
variation);
5
(b) the commencement time specified in the instrument making,
6
varying or revoking the guidelines (not being a time before
7
the instrument is made).
8
26 Guidelines to be published on ARENA's website
9
The Board must ensure that guidelines that are in force from
10
time-to-time under this Subdivision are published on ARENA's
11
website.
12
Subdivision C--Work plans
13
27 Work plan
14
(1) The Board must, for the 2012-2013 financial year and each later
15
financial year, develop a work plan and give it to the Minister.
16
(2) The work plan for the 2012-2013 financial year must be developed
17
as soon as practicable after the start of that year. A work plan for a
18
later financial year must be developed during the previous financial
19
year.
20
(3) A work plan for a financial year must set out details of:
21
(a) how the general funding strategy in force under Subdivision
22
A of this Division for the year is proposed to be implemented
23
during the year; and
24
(b) without limiting paragraph (a)--the main activities proposed
25
to be undertaken by ARENA and the Board during the year,
26
and how they are proposed to be undertaken.
27
(4) The Board may, in writing, vary a work plan.
28
(5) Before finalising a work plan, or a variation of a work plan, the
29
Board must:
30
Part 3 Board of ARENA
Division 2 General funding strategy, guidelines and work plans
Section 28
14 Australian Renewable Energy Agency Bill 2011 No. , 2011
(a) prepare a draft of the plan or variation and give it to the
1
Minister; and
2
(b) have regard to any comments or requests made by the
3
Minister in relation to the draft.
4
(6) A work plan, or a variation of a work plan, comes into force at the
5
commencement time specified in the instrument making or varying
6
the work plan (not being a time before the instrument is made).
7
(7) A work plan is not a legislative instrument.
8
28 Work plan to be taken into account
9
When performing functions and exercising powers in a financial
10
year, ARENA, the Board and the CEO must take into account the
11
work plan for that financial year.
12
13
Board of ARENA Part 3
Board Members Division 3
Section 29
Australian Renewable Energy Agency Bill 2011 No. , 2011 15
Division 3--Board Members
1
29 Membership
2
The Board consists of:
3
(a) up to 6 appointed members; and
4
(b)
the
Secretary.
5
30 Appointment of Board members
6
(1) Board members (other than the Secretary) are to be appointed:
7
(a) by the Minister by written instrument; and
8
(b) on a part-time basis.
9
(2) A person is not eligible for appointment as a Board member unless
10
the Minister is satisfied that the person has experience or
11
knowledge in at least one of the following fields:
12
(a)
renewable
energy
technology;
13
(b)
commercialisation;
14
(c)
business
investment;
15
(d)
corporate
governance.
16
31 Chair
17
The Minister must appoint one Board member to be the Chair.
18
32 Term of appointment
19
(1) An appointed member holds office for the period specified in the
20
instrument of appointment. The period must not exceed 2 years.
21
Note:
An appointed member is eligible for reappointment: see section 33AA
22
of the Acts Interpretation Act 1901.
23
(2) A person must not hold office as an appointed member for a
24
continuous period of more than 6 years.
25
Part 3 Board of ARENA
Division 3 Board Members
Section 33
16 Australian Renewable Energy Agency Bill 2011 No. , 2011
33 Acting appointments
1
(1) The Minister may, by written instrument, appoint a Board member
2
to act as the Chair:
3
(a) during a vacancy in the office of Chair (whether or not an
4
appointment has previously been made to the office); or
5
(b) during any period, or during all periods, when the Chair:
6
(i) is absent from duty or from Australia; or
7
(ii) is, for any reason, unable to perform the duties of the
8
office.
9
(2) The Minister may, by written instrument, appoint a person to act as
10
an appointed member:
11
(a) during a vacancy in the office of an appointed member
12
(whether or not an appointment has previously been made to
13
the office); or
14
(b) during any period, or during all periods, when an appointed
15
member:
16
(i) is absent from duty or from Australia; or
17
(ii) is, for any reason, unable to perform the duties of the
18
office.
19
Note:
Sections 33AB and 33A of the Acts Interpretation Act 1901 have rules
20
that apply to acting appointments.
21
(3) A person is not eligible for appointment to act as an appointed
22
member unless the person is eligible for appointment as a Board
23
member under subsection 30(2).
24
(4) For the purposes of a reference in:
25
(a) this Act to a vacancy in the office of appointed member; or
26
(b)
the
Acts Interpretation Act 1901 to a vacancy in the
27
membership of a body;
28
there are taken to be 6 offices of appointed member.
29
34 Remuneration
30
(1) An appointed member is to be paid the remuneration that is
31
determined by the Remuneration Tribunal. If no determination of
32
Board of ARENA Part 3
Board Members Division 3
Section 35
Australian Renewable Energy Agency Bill 2011 No. , 2011 17
that remuneration by the Tribunal is in operation, the member is to
1
be paid the remuneration that is prescribed by the regulations.
2
(2) An appointed member is to be paid the allowances that are
3
prescribed by the regulations.
4
(3) This section has effect subject to the Remuneration Tribunal Act
5
1973.
6
35 Leave of absence
7
Chair
8
(1) If the Chair is an appointed member, the Minister may grant leave
9
of absence to the Chair on the terms and conditions that the
10
Minister determines.
11
Other appointed members
12
(2) The Chair may grant leave of absence to any other appointed
13
member on the terms and conditions that the Chair determines.
14
(3) The Chair must notify the Minister if the Chair grants an appointed
15
member leave of absence for a period that exceeds 3 months.
16
36 Disclosure of interests to the Minister
17
A Board member must give written notice to the Minister of all
18
interests, pecuniary or otherwise, that the member has or acquires
19
and that conflict or could conflict with the proper performance of
20
the member's functions.
21
37 Resignation of appointed members
22
(1) An appointed member may resign his or her appointment by giving
23
the Minister a written resignation.
24
(2) The resignation takes effect on the day it is received by the
25
Minister or, if a later day is specified in the resignation, on that
26
later day.
27
Part 3 Board of ARENA
Division 3 Board Members
Section 38
18 Australian Renewable Energy Agency Bill 2011 No. , 2011
38 Termination of appointment of appointed members
1
(1) The Minister may terminate the appointment of an appointed
2
member for misbehaviour or physical or mental incapacity.
3
(2) The Minister may terminate the appointment of an appointed
4
member if:
5
(a)
the
member:
6
(i) becomes bankrupt; or
7
(ii) applies to take the benefit of any law for the relief of
8
bankrupt or insolvent debtors; or
9
(iii) compounds with his or her creditors; or
10
(iv) makes an assignment of his or her remuneration for the
11
benefit of his or her creditors; or
12
(b) the member is absent, except on leave of absence, from 3
13
consecutive meetings of the Board; or
14
(c) the member fails, without reasonable excuse, to comply with
15
section 36; or
16
(d) the member fails, without reasonable excuse, to comply with
17
an obligation imposed on him or her by section 27F or 27J of
18
the Commonwealth Authorities and Companies Act 1997.
19
39 Other terms and conditions of appointed members
20
An appointed member holds office on the terms and conditions (if
21
any) in relation to matters not covered by this Act that are
22
determined by the Minister.
23
24
Board of ARENA Part 3
Meetings of the Board Division 4
Section 40
Australian Renewable Energy Agency Bill 2011 No. , 2011 19
Division 4--Meetings of the Board
1
40 Convening meetings
2
(1) The Board must hold the meetings that are necessary for the
3
efficient performance of its functions.
4
(2) Meetings are to be held at the times and places that the Board
5
determines.
6
Note:
See also section 33B of the Acts Interpretation Act 1901, which
7
contains extra rules about meetings by telephone etc.
8
(3)
The
Chair:
9
(a) may convene a meeting; and
10
(b) must convene at least 6 meetings each calendar year; and
11
(c) must convene a meeting if requested in writing by:
12
(i) 3 or more other Board members; or
13
(ii)
the
Minister.
14
41 Secretary may nominate alternate to attend Board meetings
15
(1) The Secretary may, by writing, nominate a specified person who is
16
an SES employee or acting SES employee in the Department to
17
attend a particular meeting, or all meetings, of the Board at which
18
the Secretary is not present.
19
(2) A person so nominated may attend a meeting to which the
20
nomination applies and, if the person does so, he or she is taken to
21
be a Board member.
22
42 Presiding at meetings
23
(1) The Chair must preside at all meetings at which he or she is
24
present.
25
(2) If the Chair is not present at a meeting, the other Board members
26
present must appoint one of themselves to preside.
27
Part 3 Board of ARENA
Division 4 Meetings of the Board
Section 43
20 Australian Renewable Energy Agency Bill 2011 No. , 2011
43 Quorum
1
(1) At a meeting of the Board, a quorum is constituted by a majority of
2
the current Board members.
3
(2)
However,
if:
4
(a) a Board member is required by section 27J of the
5
Commonwealth Authorities and Companies Act 1997 not to
6
be present during the deliberations, or to take part in any
7
decision, of the Board with respect to a particular matter; and
8
(b) when the member leaves the meeting concerned there is no
9
longer a quorum present;
10
the remaining members at the meeting constitute a quorum for the
11
purpose of any deliberation or decision at that meeting with respect
12
to that matter.
13
44 Voting at meetings
14
(1) A question arising at a meeting is to be determined by a majority of
15
the votes of the Board members present and voting.
16
(2) The person presiding at a meeting has a deliberative vote and, in
17
the event of an equality of votes, a casting vote.
18
45 Conduct of meetings
19
The Board may regulate proceedings at its meetings as it considers
20
appropriate.
21
46 Minutes
22
The Board must keep minutes of its meetings.
23
47 Decisions without meetings
24
(1) The Board is taken to have made a decision at a meeting if:
25
(a) without meeting, a majority of the Board members entitled to
26
vote on the proposed decision indicate agreement with the
27
decision; and
28
Board of ARENA Part 3
Meetings of the Board Division 4
Section 47
Australian Renewable Energy Agency Bill 2011 No. , 2011 21
(b) that agreement is indicated in accordance with the method
1
determined by the Board under subsection (2); and
2
(c) all the Board members were informed of the proposed
3
decision, or reasonable efforts were made to inform all the
4
members of the proposed decision.
5
(2) Subsection (1) applies only if the Board:
6
(a) has determined that it may make decisions of that kind
7
without meeting; and
8
(b) has determined the method by which Board members are to
9
indicate agreement with proposed decisions.
10
(3) For the purposes of paragraph (1)(a), a Board member is not
11
entitled to vote on a proposed decision if the member would not
12
have been entitled to vote on that proposal if the matter had been
13
considered at a meeting of the Board.
14
(4) The Board must keep a record of decisions made in accordance
15
with this section.
16
17
Part 3 Board of ARENA
Division 5 Committees
Section 48
22 Australian Renewable Energy Agency Bill 2011 No. , 2011
Division 5--Committees
1
48 Committees
2
(1) The Board may establish committees to advise or assist in the
3
performance of ARENA's functions or the Board's functions.
4
(2) A committee may be constituted:
5
(a) wholly by Board members; or
6
(b) wholly by persons who are not Board members; or
7
(c) partly by Board members and partly by other persons.
8
(3) The Board may determine, in relation to a committee established
9
under this section:
10
(a) the committee's terms of reference; and
11
(b) the terms and conditions of appointment of the members of
12
the committee; and
13
(c) the procedures to be followed by the committee.
14
49 Remuneration and allowances
15
(1) This section applies if a committee is established under section 48.
16
(2) A committee member is to be paid the remuneration that is
17
determined by the Remuneration Tribunal. If no determination of
18
that remuneration by the Tribunal is in operation, the member is to
19
be paid the remuneration that is prescribed by the regulations.
20
(3) A committee member is to be paid the allowances that are
21
prescribed by the regulations.
22
(4) This section has effect subject to the Remuneration Tribunal Act
23
1973.
24
25
Chief Executive Officer, staff and consultants Part 4
Chief Executive Officer of ARENA Division 1
Section 50
Australian Renewable Energy Agency Bill 2011 No. , 2011 23
Part 4--Chief Executive Officer, staff and
1
consultants
2
Division 1--Chief Executive Officer of ARENA
3
50 Establishment
4
There is to be a Chief Executive Officer of ARENA.
5
51 Role
6
(1) The CEO is responsible for the day-to-day administration of
7
ARENA.
8
(2) The CEO has power to do all things necessary or convenient to be
9
done for or in connection with the performance of his or her duties.
10
(3) The CEO is to act in accordance with policies determined by the
11
Board.
12
(4) The Board may give written directions to the CEO about the
13
performance of the CEO's responsibilities.
14
(5) The CEO must comply with a direction under subsection (4).
15
(6) A direction under subsection (4) is not a legislative instrument.
16
52 Appointment
17
(1) The CEO is to be appointed by the Minister on the
18
recommendation of the Board.
19
(2) The CEO is to be appointed:
20
(a) by written instrument; and
21
(b) on a full-time basis.
22
(3) The CEO holds office for the period specified in the instrument of
23
appointment. The period must not exceed 3 years.
24
Note:
A CEO is eligible for re-appointment: see section 33AA of the Acts
25
Interpretation Act 1901.
26
Part 4 Chief Executive Officer, staff and consultants
Division 1 Chief Executive Officer of ARENA
Section 53
24 Australian Renewable Energy Agency Bill 2011 No. , 2011
(4) The Minister must not appoint a Board member as the CEO.
1
53 Acting appointments
2
(1) The Minister may, by written instrument, appoint a person
3
(including an appointed member) to act as the CEO:
4
(a) during a vacancy in the office of the CEO (whether or not an
5
appointment has previously been made to the office); or
6
(b) during any period, or during all periods, when the CEO:
7
(i) is absent from duty or from Australia; or
8
(ii) is, for any reason, unable to perform the duties of the
9
office.
10
(2) If the Minister appoints an appointed member to act as the CEO,
11
the member is to be appointed to act on a part-time basis.
12
Note:
Sections 33AB and 33A of the Acts Interpretation Act 1901 have rules
13
that apply to acting appointments.
14
54 Outside employment
15
The CEO must not engage in paid employment outside the duties
16
of his or her office without the Minister's approval.
17
55 Remuneration
18
(1) The CEO is to be paid the remuneration that is determined by the
19
Remuneration Tribunal. If no determination of that remuneration
20
by the Tribunal is in operation, the CEO is to be paid the
21
remuneration that is prescribed by the regulations.
22
(2) The CEO is to be paid the allowances that are prescribed by the
23
regulations.
24
(3) This section has effect subject to the Remuneration Tribunal Act
25
1973.
26
56 Leave
27
(1) The CEO has the recreation leave entitlements that are determined
28
by the Remuneration Tribunal.
29
Chief Executive Officer, staff and consultants Part 4
Chief Executive Officer of ARENA Division 1
Section 57
Australian Renewable Energy Agency Bill 2011 No. , 2011 25
(2) The Minister may grant the CEO leave of absence, other than
1
recreation leave, on the terms and conditions as to remuneration or
2
otherwise that the Minister determines.
3
57 Disclosure of interests
4
The CEO must give written notice to the Minister of all material
5
personal interests that the CEO has or acquires and that conflict or
6
could conflict with the proper performance of the CEO's duties.
7
58 Resignation
8
(1) The CEO may resign his or her appointment by giving the Minister
9
a written resignation.
10
(2) The resignation takes effect on the day it is received by the
11
Minister or, if a later day is specified in the resignation, on that
12
later day.
13
59 Termination of appointment
14
(1) The Minister may terminate the appointment of the CEO for
15
misbehaviour or physical or mental incapacity.
16
(2) Before the Minister terminates the appointment of the CEO under
17
subsection (1) the Minister must consult the Board.
18
(3) The Minister may terminate the appointment of the CEO if:
19
(a)
the
CEO:
20
(i) becomes bankrupt; or
21
(ii) applies to take the benefit of any law for the relief of
22
bankrupt or insolvent debtors; or
23
(iii) compounds with his or her creditors; or
24
(iv) makes an assignment of his or her remuneration for the
25
benefit of his or her creditors; or
26
(b) the CEO is absent, except on leave of absence, for 14
27
consecutive days or for 28 days in any 12 months; or
28
(c) the CEO fails, without reasonable excuse, to comply with
29
section 57; or
30
Part 4 Chief Executive Officer, staff and consultants
Division 1 Chief Executive Officer of ARENA
Section 60
26 Australian Renewable Energy Agency Bill 2011 No. , 2011
(d) the CEO engages, except with the Minister's approval, in
1
paid employment outside the duties of his or her office (see
2
section 54).
3
60 Other terms and conditions
4
The CEO holds office on the terms and conditions (if any) in
5
relation to matters not covered by this Act that are determined by
6
the Minister.
7
8
Chief Executive Officer, staff and consultants Part 4
Staff and consultants Division 2
Section 61
Australian Renewable Energy Agency Bill 2011 No. , 2011 27
Division 2--Staff and consultants
1
61 Chief Financial Officer
2
(1) ARENA may employ a person to perform chief financial officer
3
functions in ARENA.
4
(2) The person is to be employed on the terms and conditions that
5
ARENA determines.
6
62 Other staff
7
(1) The other staff necessary to assist ARENA are to be persons
8
engaged under the Public Service Act 1999 who are:
9
(a) employed in the Department; and
10
(b) made available for the purpose by the Secretary.
11
(2) ARENA must not otherwise engage or employ such staff.
12
(3) The Secretary must make available persons employed in the
13
Department to assist ARENA.
14
63 Consultants
15
(1) ARENA may engage consultants to provide technical and
16
specialist advisory services to assist ARENA in the performance of
17
its functions.
18
(2) The consultants are to be engaged on the terms and conditions that
19
ARENA determines.
20
(3) A person must not be engaged as a consultant to perform
21
operational or administrative duties of a kind that are performed, or
22
are capable of being performed, by the staff referred to in
23
section 62.
24
25
Part 5 Finance
Section 64
28 Australian Renewable Energy Agency Bill 2011 No. , 2011
Part 5--Finance
1
2
64 Amounts available for payment to ARENA
3
(1) Subject to section 65, the Commonwealth will, for each financial
4
year specified in the following table, make payments to ARENA
5
up to the amount specified for that year.
6
7
Yearly maximum payments to ARENA
Item
Financial year
Amount for financial
year
1 2012-2013
$292,565,000.00
2 2013-2014
$344,904,000.00
3 2014-2015
$436,640,000.00
4 2015-2016
$321,810,000.00
5 2016-2017
$299,550,000.00
6 2017-2018
$221,000,000.00
7 2018-2019
$237,000,000.00
8 2019-2020
$368,340,000.00
Carry over of unspent money from one year to next
8
(2) If the amount specified in the table in subsection (1) for a financial
9
year exceeds the amount paid to ARENA under section 65 in
10
respect of requests made during that year, the table has effect as if
11
the amount specified in the table for the next financial year were
12
increased by the excess.
13
Additional money from Clean Energy Initiative Special Account
14
(3) The Finance Minister may, in the 2012-2013 financial year,
15
determine by legislative instrument an amount (the transferred
16
amount), not exceeding the balance standing to the credit of the
17
Clean Energy Initiative Special Account when the determination is
18
made.
19
Finance Part 5
Section 65
Australian Renewable Energy Agency Bill 2011 No. , 2011 29
(4) If the Finance Minister makes a determination under
1
subsection (3):
2
(a) the transferred amount is debited from the Clean Energy
3
Initiative Special Account; and
4
(b) the table in subsection (1) has effect as if the amount
5
specified in the table for the 2012-2013 financial year were
6
increased (or further increased) by the transferred amount.
7
Additional money from ASI Limited
8
(5) If, because of Schedule 2 to the Australian Renewable Energy
9
Agency (Consequential Amendments and Transitional Provisions)
10
Act 2011, an amount of money of ASI Limited becomes money of
11
the Commonwealth at the second transition time, the table in
12
subsection (1) of this section has effect as if the amount specified
13
in the table for the 2012-2013 financial year were increased (or
14
further increased) by that amount of money.
15
(6) In subsection (5), expressions have the same meanings as they
16
have in Schedule 2 to the Australian Renewable Energy Agency
17
(Consequential Amendments and Transitional Provisions) Act
18
2011.
19
65 Payment of up to balance of specified amounts on request by
20
ARENA
21
(1) Subject to this section, ARENA may, during a financial year
22
specified in the table in section 64, request payments from the
23
Commonwealth to meet liabilities of ARENA:
24
(a) that are already due for payment; or
25
(b) that will, or are expected to, become due for payment during
26
the year.
27
(2) A request must:
28
(a) be made to meet liabilities of ARENA:
29
(i) that are already due for payment; or
30
(ii) that will, or are expected to, become due for payment
31
during a period specified in the request; and
32
(b) specify the amount of the payment requested.
33
Part 5 Finance
Section 66
30 Australian Renewable Energy Agency Bill 2011 No. , 2011
(3) The following matters are to be as agreed between ARENA and the
1
Minister:
2
(a) how requests are to be made, including:
3
(i) the form in which a request is to be made; and
4
(ii) the person to whom a request is to be given;
5
(b) the frequency with which ARENA may make requests;
6
(c) the period that may be specified in a request as mentioned in
7
subparagraph (2)(a)(ii).
8
(4) ARENA cannot make requests during a financial year that exceed
9
in total the amount specified for the year in the table in section 64.
10
Note:
The amounts specified in the table may be affected by subsections
11
64(2) to (6).
12
(5) If ARENA makes a request for payment in accordance with this
13
section (and in accordance with an agreement referred to in
14
subsection (3)), the Commonwealth must, as soon as practicable,
15
pay ARENA the amount requested.
16
66 Appropriation
17
Amounts payable to ARENA under section 65 are to be paid out of
18
the Consolidated Revenue Fund, which is appropriated
19
accordingly.
20
67 Application of ARENA's money
21
(1)
ARENA's money consists of:
22
(a) money paid to ARENA under section 65; and
23
(b) any other money received by ARENA.
24
(2) ARENA's money is to be applied only:
25
(a) in providing financial assistance in accordance with this Act;
26
and
27
(b) in payment of remuneration and allowances payable under
28
this Act; and
29
(c) in payment or discharge of any other expenses, charges,
30
obligations and liabilities incurred or undertaken by ARENA
31
Finance Part 5
Section 68
Australian Renewable Energy Agency Bill 2011 No. , 2011 31
in the performance of its functions and the exercise of its
1
powers.
2
(3) ARENA's money must not be applied in payment of the salaries
3
and allowances of, or other costs associated with, the staff referred
4
to in section 62.
5
(4) Subsection (2) does not prevent investment of surplus money of
6
ARENA under section 18 of the Commonwealth Authorities and
7
Companies Act 1997.
8
68 ARENA's money not public money
9
ARENA's money is not public money for the purposes of the
10
Financial Management and Accountability Act 1997, even if the
11
money is in the custody or under the control of the CEO, the Chief
12
Financial Officer or a member of the staff referred to in section 62.
13
69 Taxation
14
ARENA is not subject to taxation under a law of the
15
Commonwealth or of a State or Territory.
16
17
Part 6 Miscellaneous
Section 70
32 Australian Renewable Energy Agency Bill 2011 No. , 2011
Part 6--Miscellaneous
1
2
70 Extra matters to be included in annual report
3
Each annual report on ARENA under section 9 of the
4
Commonwealth Authorities and Companies Act 1997 must include
5
the following:
6
(a) particulars of each request given to ARENA by the Minister
7
under section 11, during the financial year covered by the
8
report;
9
(b) particulars of each direction given to ARENA by the Minister
10
under section 13, during the year;
11
(c) for each person to whom financial assistance has been
12
provided, or committed, under an agreement during the year,
13
particulars of:
14
(i) the name of the person; and
15
(ii) the nature and amount of the financial assistance
16
provided or committed; and
17
(iii) the renewable energy technology or technologies to
18
which the assistance relates (if the assistance relates to
19
one or more particular renewable energy technologies);
20
(d) an assessment of the extent to which agreements for the
21
provision of financial assistance entered into during the year
22
have progressed, or are expected to progress, the principal
23
objectives and priorities as stated in the general funding
24
strategy in force under Subdivision A of Division 2 of Part 3
25
for the year.
26
71 Delegation by ARENA
27
(1) ARENA may, in writing under its seal, delegate all or any of its
28
powers or functions under this Act to:
29
(a) a Board member; or
30
(b)
the
CEO.
31
(2) In exercising any powers or performing any functions under the
32
delegation, the delegate must comply with any directions of
33
ARENA.
34
Miscellaneous Part 6
Section 72
Australian Renewable Energy Agency Bill 2011 No. , 2011 33
72 Delegation by Board
1
(1) The Board may, in writing, delegate to a Board member or the
2
CEO any of its powers or functions under this Act, other than
3
Subdivision A of Division 2 of Part 3 (general funding strategy).
4
(2) In exercising any powers or performing any functions under the
5
delegation, the delegate must comply with any directions of the
6
Board.
7
(3) A delegation under this section:
8
(a) may be revoked by the Board (whether or not constituted by
9
the Board members who constituted the Board when the
10
power was delegated); and
11
(b) continues in force even if the membership of the Board
12
changes.
13
73 Subdelegation by CEO
14
(1) If ARENA or the Board delegates a power or function under
15
subsection 71(1) or 72(1) to the CEO, the CEO may, in writing,
16
subdelegate the power or function to:
17
(a) the Chief Financial Officer; or
18
(b) a member of staff referred to in section 62 who:
19
(i) is an SES employee or acting SES employee in the
20
Department; or
21
(ii) holds, or is acting in, an Executive Level 2, or
22
equivalent, position in the Department.
23
(2) In exercising any powers or performing any functions under the
24
subdelegation, the subdelegate must comply with any directions of
25
the CEO.
26
(3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901
27
apply in relation to the subdelegation in a corresponding way to the
28
way in which they apply in relation to a delegation.
29
Part 6 Miscellaneous
Section 74
34 Australian Renewable Energy Agency Bill 2011 No. , 2011
74 Regulations
1
The Governor-General may make regulations prescribing matters:
2
(a) required or permitted by this Act to be prescribed; or
3
(b) necessary or convenient to be prescribed for carrying out or
4
giving effect to this Act.
5