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2010-2011
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
CLIMATE CHANGE AUTHORITY BILL 2011
EXPLANATORY MEMORANDUM
(Circulated by the authority of the Minister for Climate Change
and Energy Efficiency, the Honourable Greg Combet AM MP)
Table of contents
Glossary .................................................................................................. 1
General outline and financial impact ....................................................... 3
Chapter 1 Climate Change Authority .............................................. 7
Chapter 2 Land Sector and Carbon Biodiversity Board ................ 25
Chapter 3 Other matters ............................................................... 31
Index ..................................................................................................... 33
Glossary
The following abbreviations and acronyms are used throughout this
explanatory memorandum.
Abbreviation Definition
Authority Climate Change Authority
Carbon pricing mechanism The Clean Energy Plan as embodied in
the Clean Energy Bill 2011 and
associated provisions
CEO Chief Executive Officer
Consequential amendments Clean Energy (Consequential
bill Amendments) Bill 2011
Department Department of Climate Change and
Energy Efficiency
Main bill Clean Energy Bill 2011
Regulator Clean Energy Regulator
1
General outline and financial impact
The 2011 Clean Energy Legislative Package
The Climate Change Authority Bill 2011 is part of the Clean Energy
Legislative Package, which sets up the carbon pricing mechanism (the
mechanism) as part of the Government's climate change plan, as set out in
Securing a clean energy future: the Australian Government's climate
change plan.
The full policy context and background to the mechanism is set out in the
explanatory memorandum for the Clean Energy Bill 2011. A description
of the bills which will introduce the mechanism is set out below.
Table I: The Clean Energy Bill 2011 and related bills
Main bill The Clean Energy Bill 2011 (the main bill) creates the
mechanism. It sets out the structure of and process for
introducing the mechanism. These include:
· entities and emissions that are covered by the
mechanism;
· liable entities' obligation to surrender emissions units
corresponding to their emissions;
· limits on the number of emissions units that will be
issued;
· the nature of carbon units;
· allocation of carbon units, including by auction and the
issue of free units;
· mechanisms to contain costs, including the fixed
charge period and price floors and ceilings;
· linking to other emissions trading schemes;
· assistance in relation to emissions-intensive trade-
exposed activities and coal-fired electricity generators;
and
· monitoring and enforcement.
Statutory The Clean Energy Regulator Bill 2011 sets up the Clean
bodies Energy Regulator, which is a statutory authority that will
administer the mechanism and enforce the law.
The responsibilities of the Regulator include:
· providing education on the mechanism, particularly
about the administrative arrangements of the
mechanism;
· assessing emissions data to determine each entity's
3
Climate Change Authority Bill 2011
liability;
· operating the Registry;
· monitoring, facilitating and enforcing compliance with
the mechanism;
· allocating permits including freely allocated permits,
fixed price permits and auctioned permits;
· applying legislative rules to determine if a particular
entity is eligible for assistance in the form of permits
to be allocated administratively, and the number of
other permits to be allocated;
· administering the National Greenhouse and Energy
Reporting System (NGERS), the Renewable Energy
Target and the Carbon Farming Initiative (CFI); and
· accrediting auditors for the CFI and NGERS.
The Climate Change Authority Bill 2011 sets up the Climate
Change Authority, which will be an independent body that
provides the Government expert advice on key aspects of the
mechanism and the Government's climate change mitigation
initiatives.
The Government will remain responsible for carbon pricing
policy decisions.
This Bill also sets up the Land Carbon and Biodiversity Board
which will advise on key initiatives in the land sector.
Consequential The Clean Energy (Consequential Amendments) Bill 2011
amendments (the consequential amendments bill) makes consequential
amendments to ensure:
· the National Greenhouse and Energy Reporting System
(NGERS) supports the mechanism;
· the Australian National Registry of Emissions Units covers
the mechanism and the Carbon Farming Initiative (CFI);
· the Regulator covers the mechanism, CFI, the Renewable
Energy Target and NGERS;
· the Regulator and Authority are set up as statutory agencies
and regulated by public accountability and financial
management rules;
· that emissions units and their trading are covered by laws
on financial services and regulated by ASIC;
· that activities related to emissions trading are covered by
laws on money laundering and fraud;
· synthetic greenhouse gases are subject to an equivalent
carbon price applied through existing regulation of those
substances;
· the Regulator can work with other regulatory bodies,
including Australian Securities and Investments
Commission (ASIC), the Australian Competition and
Consumer Commission (ACCC) and the Australian
Transaction Reporting and Analysis Centre (Austrac);
4
General outline and financial impact
· the taxation treatment of emissions units for the purposes
of GST and income tax is clear; and
· the Conservation Tillage Refundable Tax Offset is
established.
Technical Those elements of the mechanism which oblige a person to pay
bills money are implemented through separate bills that comply with
the requirements of section 55 of the Constitution.
These bills are the Clean Energy (Unit Shortfall Charge--
General) Bill 2011, the Clean Energy (Unit Issue Charge--
Auctions) Bill 2011, the Clean Energy (Unit Issue Charge--
Fixed Charge) Bill 2011, the Clean Energy
(Charges-Customs) Bill 2011, the Clean Energy (Charges--
Excise) Bill 2011, the Clean Energy (International Unit
Surrender Charge) Bill 2011, the Ozone Protection and
Synthetic Greenhouse Gas (Import Levy) Amendment Bill
2011 and the Ozone Protection and Synthetic Greenhouse
Gas (Manufacture Levy) Amendment Bill 2011.
Related bills Other elements of the Government's Climate Change Plan are
being implemented through other legislation. These are:
· the Clean Energy (Excise Tariff Legislation
Amendment) Bill 2011 and the Clean Energy
(Customs Tariff Amendment) Bill 2011, which
impose an effective carbon price on transport fuels
(other than those used by households and in light
commercial vehicles) through excise and customs
tariffs;
· the Clean Energy (Fuel Tax Legislation
Amendment) Bill 2011, which reduces the business
fuel tax credit entitlement of non-exempted industries
for their use of liquid and gaseous transport fuels, in
order to provide an effective carbon price on business
through the fuel tax system; and
· the Clean Energy Amendment (Household
Assistance Amendments) Bill 2011, Clean Energy
(Tax Laws Amendments) Bill 2011 and the Clean
Energy (Income Tax Rates Amendments) Bill 2011,
which will implement the household assistance
measures announced by the Government on 10 July
2011. These bills amend relevant legislation to provide
payment increases for pensioners, allowees and family
payment recipients and provide income tax cuts and
establish new supplements for low- and middle-
income households.
The bill needs to be read in the context, in particular, of the main bill.
5
Climate Change Authority Bill 2011
Climate Change Authority Bill 2011
The Climate Change Authority Bill 2011 establishes the Climate Change
Authority which will be responsible for the conduct and completion of
major reviews of the carbon pricing mechanism, the Renewable Energy
Target Scheme, the Carbon Farming Initiative, the National Greenhouse
and Energy Reporting System and other special reviews as requested by
the Minister or by both Houses of Parliament.
It also establishes the Land Sector Carbon and Biodiversity Board which
will be responsible for advising Government on key performance
indicators and the implementation of particular land sector measures
associated with climate change and undertaken by the Government's
Biodiversity Fund.
Date of effect: Upon Royal Assent. Provisions dealing with the Climate
Change Authority commence on 1 July 2012. Provisions dealing with the
Land Sector Carbon and Biodiversity Board commence on a day to be
fixed by Proclamation no earlier than the day after Royal Assent to the
proposed Clean Energy Act 2011 but within six months of that date.
Proposal announced: The measures are based on the positions included
in the Government's announcement on 10 July 2011.
Financial impact: The financial impact is addressed in the explanatory
memorandum for the main bill.
Regulation impact statement: The Regulation Impact Statement for the
mechanism is available at http://ris.finance.gov.au. The RIS was prepared
by the Department of Climate Change and Energy Efficiency and has
been assessed as adequate by the Office of Best Practice Regulation.
6
Chapter 1
Climate Change Authority
Outline of chapter
1.1 The explanatory memorandum describes the Authority's
functions and powers, membership, planning and reporting obligations.
Context of amendments
One of a Package of Bills
1.2 The Climate Change Authority Bill 2011 is part of the package
of bills that establish the Clean Energy Plan.
1.3 Other key bills in that package are the:
· Clean Energy Bill 2011 (the main bill)
· Clean Energy (Consequential Amendments) Bill 2011 (the
consequential amendments bill)
· Clean Energy Regulator Bill 2011.
1.4 The bill needs to be read in the context, in particular, of the first
two bills mentioned above:
· the main bill contains the detail concerning the carbon
pricing mechanism and empowers the Authority to conduct
particular reviews;
· the consequential amendments bill amends the National
Greenhouse and Energy Reporting Act 2007, the Carbon
Credits (Carbon Farming Initiative) Act 2011, and the
Renewable Energy (Electricity) Act 2000 to empower the
Authority to conduct reviews in relation to the schemes
embodied in those Acts.
Authority's responsibilities
1.5 The Authority will perform a number of functions. It will:
· provide recommendations to the Government on future
pollution caps;
· in doing so, make recommendations on the indicative
national trajectory and emissions budget, having regard to the
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Climate Change Authority Bill 2011
long-term target set by the Government and estimates of the
global emissions budget;
· provide independent advice to the Government on the
progress that is being made to reduce Australia's emissions
to meet national targets, any indicative national trajectory or
budget;
· conduct regular reviews of, and make recommendations on,
the carbon pricing mechanism (household assistance and the
Jobs and Competitiveness Program will be reviewed
separately);
· conduct reviews of and make recommendations on the
National Greenhouse and Energy Reporting system, the
Renewable Energy Target and the Carbon Farming Initiative;
· make recommendations to the Government on whether a
robust methodology could be developed to recognise
additional voluntary action by households;
· provide advice to Government on the role of the price floor
and price ceiling beyond the first three years of the flexible
price phase;
· conduct reviews and make recommendations on other
matters as requested by the Minister for Climate Change and
Energy Efficiency or the Parliament; and
· conduct or commission its own independent research and
analysis into climate change and other matters relevant to its
functions.
1.6 The Authority will engage with representatives interested in
climate change from across Australia in order to share research and
information on climate change and gain input into its analysis.
1.7 The Authority is required to undertake public consultation when
completing its reviews and must publish all of its reports on its website.
1.8 The Government's intention is to establish an independent
Authority to conduct reviews and provide advice to Government. The
Authority will be required to take a number of specified factors into
account but is not subject to Government direction in relation to the
contents of its review reports.
Authority to provide independent advice
1.9 The intention to establish an independent Authority is reflected
in a number of elements in the bill, including the limited scope for
Ministerial directions to the Authority, and the limited grounds on which a
member of the Authority may be removed from office.
8
Chapter 1: Climate Change Authority
1.10 The independent Authority is to be set up as a separate body
corporate to highlight the independence of its activities, although to
maximise administrative efficiency it will be able to utilise Government
resources as appropriate.
1.11 The presence of the Chief Scientist as an ex officio member of
the Authority is not intended to diminish its independence in the conduct
of the reviews.
Summary of new law
1.12 The bill establishes the Authority, a body corporate comprising a
Chair and eight other members. One of these eight members is the Chief
Scientist. The Authority will be supported by a secretariat.
1.13 The primary functions of the Authority are to conduct reviews of
the Clean Energy Act, the Renewable Energy Target Scheme, the Carbon
Farming Initiative, the National Greenhouse and Energy Reporting
System, and other special reviews as requested by the Minister.
1.14 There is to be a Chief Executive Officer (CEO) of the Authority
who is responsible for the day-to-day administration of the Authority. For
the purposes of the Public Service Act 1999, the CEO is the head of a
statutory agency and can employ Australian Public Sector employees on
behalf of the Commonwealth.
1.15 In order to ensure proper use and management of public money,
public property and other Commonwealth resources, the Authority will be
bound by the Financial Management and Accountability Act 1997.
1.16 The Authority will be required to produce a corporate plan
setting out the Authority's objectives and the strategies and policies that
are to be used to achieve those objectives.
1.17 The Authority will also be required to produce an annual report,
which will be tabled in Parliament.
1.18 As with other bodies where a significant degree of independence
is required, such as the Productivity Commission, the Authority is subject
to Ministerial direction on general matters only.
1.19 The Minister may only terminate an appointment (other than the
Chief Scientist) to the Authority on narrow grounds, including for
misbehaviour, physical or mental incapacity or repeated absence from
meetings of the Authority.
9
Climate Change Authority Bill 2011
Comparison of key features of new law and current law
New law Current law
Independent Authority Renewable Energy Target reviewed
established to review the biennially by a person, with appropriate
carbon pricing mechanism, qualifications, appointed by the Minister.
the Renewable Energy Target There are currently no legislative provisions
Scheme, the Carbon Farming dealing with review of the National
Initiative, and the National Greenhouse and Energy Reporting System.
Greenhouse and Energy
Reporting System Minister to cause review of the Carbon
Farming Initiative to be conducted every
three years, with first report to be tabled by
31 December 2014.
Detailed explanation of new law
Establishment of Authority
1.20 The bill establishes the Authority. [Part 2, Division 1, clause 10]
Nature of the Authority
1.21 The Authority is a body corporate, comprising a Chair and eight
other members. One of these eight members is the Chief Scientist. [Part 2,
Division 2, clause 16] [Part 2, Division 2, clause 17] The Chief Scientist position is
currently not a position established by legislation. This reference is
intended to cover the person appointed by the Government in this capacity,
including through legislation if the position is set up on that basis in the
future.
1.22 Associate Members may be appointed for the purposes of
conducting specific reviews. While there is no limit on the total number of
Associate Members, no more than one associate member may be appointed
per review. [Part 2, Division 2, clause 22]
1.23 Reflecting its status as an independent body, the Authority is
subject to Ministerial direction of a general nature only. [Part 2, Division 8,
clause 57] A Ministerial direction cannot relate to the conduct of a
particular review or the content of a report of a particular review. The
policy intention of this provision is to ensure that the Authority is
accountable to the Minister and acts consistently with broad
Commonwealth Government policy, whilst not empowering the Minister
to provide directions or otherwise intervene in regard to either the conduct
or content of particular reviews.
1.24 A Ministerial direction to the Authority has the status of a
legislative instrument. [Part 2, Division 8, clause 57(1)] This promotes
10
Chapter 1: Climate Change Authority
transparency, as it means any direction must be tabled in Parliament and
incorporated into the Federal Register of Legislative Instruments. In line
with the usual provisions for Ministerial directions, the directions are not
disallowable (Legislative Instruments Act 2003, section 44(2), Item 41).
1.25 While the Authority is to be independent from specific direction
by Government, its nature as a government Authority is recognised
through a number of provisions. In particular:
· contracts entered into by the Authority are entered into on
behalf of the Commonwealth [Part 2, Division 1, clause 13(3)]
· any real or personal property held by the Authority is held for
and on behalf of the Commonwealth [Part 2, Division 1,
clause 13(4)]
· any money received by the Authority is received for and on
behalf of the Commonwealth [Part 2, Division 1, clause 13(5)]
· any financial liabilities of the Authority are taken to be
liabilities of the Commonwealth [Part 2, Division 1, clause 14]
· the Authority has the privileges and immunities of the Crown
in right of the Commonwealth [Part 2, Division 1, clause 15]
· the Authority will be subject to the Financial Management
and Accountability Act 1997, which provides for the proper
use and management of public money, public property and
other Commonwealth resources. (This will be achieved
through the consequential amendments bill rather than
through this bill).
Functions of Authority
1.26 The Authority has the following functions:
· to conduct reviews under:
- Part 22 of the Clean Energy Act 2011
- proposed sections 76A and 76B of the National
Greenhouse and Energy Reporting Act 2007
- section 306 of the Carbon Credits (Carbon Farming
Initiative) Act 2011
- section 162 of the Renewable Energy (Electricity) Act
2000
- Part 3 of this proposed Act.
· if requested to do so by the Minister, to assist the Minister in
preparing the Commonwealth Government's response to
recommendations set out in a report of such a review
11
Climate Change Authority Bill 2011
· conduct research about matters relating to climate change and
for purposes in connection with the performance of any of
the Authority's functions
· such other functions as are conferred on the Authority by this
proposed Act
· such functions as are conferred on the Authority by any other
law of the Commonwealth
· to do anything incidental to or conducive to the performance
of any of the above functions.
[Part 2, Division 1, clause 11]
1.27 The following table summarises the reviews to be conducted by
the Authority as referred to above.
Table 1.1: Summary of reviews to be conducted by the Authority
Act Summary of reviews
Clean Energy Act · Must conduct periodic reviews of certain
matters relating to the carbon pricing
mechanism.
- The first review must be completed
before the end of 31 December 2016.
- The second review must be completed
before the end of 31 December 2018.
- Subsequent reviews will be conducted
within 5 years of the previous
deadline.
· Must conduct a review recommending to
the Government the level of the pollution
caps and the indicative national emissions
trajectory and carbon budget.
- The first such review is to be
completed by 28 February 2014, the
second by 28 February 2016 and
subsequent reviews annually by 28
February.
· Must conduct a review reporting on
progress towards meeting Australia's
emissions reduction targets and national
carbon budget.
- The first review is to be completed by
28 February 2014 and subsequent
reviews are to be completed annually.
· In addition to the reviews specifically
provided for, the Authority is to conduct
reviews of matters that:
- are specified by the Minister and
12
Chapter 1: Climate Change Authority
Act Summary of reviews
- relate to the carbon pricing
mechanism.
National Greenhouse and · Must conduct periodic reviews of the
Energy Reporting Act 2007 operation of the National Greenhouse
(as amended by the and Energy Reporting Act 2007 and
consequential amendments legislative instruments under this Act.
bill) · The first review must be completed
before 31 December 2018 and not before
30 June 2016.
· The second review will be undertaken by
31 December 2023.
· All subsequent reviews will be completed
within five years of the last review and
may be undertaken and reported as part of
the reviews of the carbon pricing
mechanism.
Carbon Credits (Carbon · Must conduct periodic reviews of the
Farming Initiative) Act 2011 operation of the Carbon Credits (Carbon
(as amended by the Farming Initiative) Act 2011 and
consequential amendments legislative instruments under this Act.
bill) · The first review must be completed
before the end of 31 December 2014.
· Subsequent reviews will be conducted at
3 yearly intervals.
Renewable Energy · Must conduct periodic reviews of certain
(Electricity) Act 2000 matters relating to the operation of the
(as amended by the Renewable Energy (Electricity) Act 2000.
consequential amendments · The first review must be conducted as
bill) soon as practicable after 30 June 2012.
· Subsequent reviews will be conducted at
2 yearly intervals.
This proposed Act · Must conduct special reviews of such
matters as specified by the Minister, or by
both Houses of Parliament by resolution,
that relate to climate change and are
covered by any of the legislative powers
of the Parliament or the executive power
of the Commonwealth.
1.28 Provisions relating to the conduct of these reviews (except for
the reviews of matters relating to climate change in this bill), including
requirements for public consultation, publication, and Government
response requirements, are contained in the main bill and the
consequential bill.
1.29 In performing its functions, the Authority must have regard to
certain principles which are expressly outlined in the bill, as well as other
13
Climate Change Authority Bill 2011
matters which it considers relevant. The principles in the bill are that any
measures to respond to climate change should:
· be economically efficient, environmentally effective,
equitable and in the public interest; and
· take account of the impact on households, workers, business
and communities; and
· support the development of an effective global response to
climate change; and
· be consistent with Australia's foreign policy and trade
objectives.
[Part 2, Division 1, clause 12]
1.30 The term `economically efficient' is intended to refer to
measures which are cost-effective and support informed and efficient
investment decisions. Costs of pollution reduction to the economy as a
whole should be minimised and measures should be consistent with
Australia's broader economic reform agenda. By ensuring actions to
respond to climate change are economically efficient, the long-term
competitiveness of Australian industry can be maintained while greater
emissions reductions are achieved.
1.31 The concept of `environmentally effective' includes
consideration that measures are to be informed by the science and able to
achieve Australia's environmental objectives. It is also essential that the
measurement of emissions, sequestration and abatement has scientific
integrity to deliver an environmentally effective outcome. This would
include appropriate consideration of the precautionary principle.
1.32 Equity and fairness should be considered in the development,
implementation and review of climate change policies. The application of
climate change mitigation policy may have differential impacts across
socio-economic groups, regions, market participants or sectors of the
economy. Intergenerational equity is also an important consideration in
assessing the fairness of adjustment cost. Consideration of the equity of
measures will involve ensuring that those most needing help to adjust are
assisted fairly and in a well targeted manner. Perverse outcomes should be
avoided. Equity will also be an important prism through which the
Authority should consider the impact on households, business and
communities.
1.33 The concept of the public interest is an important principle to
consider at all times, including, for instance, when the Authority is
considering how much weight to place on different and possibly
competing objectives.
1.34 Impact on households, workers, businesses, and communities
would be expected to encompass both economic and social impacts at a
14
Chapter 1: Climate Change Authority
range of levels, including nationally, regionally and locally, and the need
for effective structural adjustment initiatives and transitional arrangements.
In considering the impact on households, low income or vulnerable
households should be protected.
1.35 On an international level, it is important for the Authority's work
to seek to support momentum for an effective global response to climate
change, while being consistent with Australia's international obligations,
trade objectives and foreign policy.
Powers of the Authority
1.36 The bill provides the Authority with the general power to do all
things necessary or convenient to be done for, or in connection with, the
performance of its functions. [Part 2, Division 1, clause 13(1)]
1.37 The bill also provides that the Authority may enter into contracts.
[Part 2, Division 1, clause 13(2)] This would allow the Authority to, for
example, engage consultants or enter into contracts for premises and
equipment.
Exercise of functions and powers
1.38 The Authority may, by writing, delegate functions and powers to:
· the CEO or
· a member or associate member of the Authority or
· a member of the staff of the Authority who is a Senior
Executive Service or Acting Senior Executive Service
employee, or an Executive Level 2 officer in the Australian
Public Service or
· a Senior Executive Service or Acting Senior Executive
Service employee, or an Executive Level 2 officer in the
Australian Public Service in the Department assisting the
Authority under section 40 of the Act. [Part 2, Division 5,
clause 40(1)]
1.39 A delegate must comply with any written directions of the
Authority. [Part 2, Division 5, clause 40(2)]
1.40 The Authority, however, must not delegate a function or power
to an associate member unless the function or power relates to a matter
connected with:
· the review specified in the associate member's instrument of
appointment; or
· assisting the Minister to prepare the Government's response
to recommendations set out in a report of the review
15
Climate Change Authority Bill 2011
specified in the associate member's instrument of
appointment. [Part 2, Division 5, clause 40(3)]
Membership of the Authority
Appointment of members and associate members
1.41 The Minister is responsible for appointing members and
associate members of the Authority. [Part 2, Division 2, clause 18(1)] [Part 2,
Division 2, clause 22(1)]
Ex officio members
1.42 The Chief Scientist is an ex officio member of the Authority.
[Part 2, Division 2, clause 17] It
is intended that the Chief Scientist, by virtue
of their position and relevant expertise, will assist the Authority in
performing its functions at the highest possible quality. The presence of
the Chief Scientist is not intended to affect the independence of the
Authority with regard to particular reviews. It is expected the Chief
Scientist will assist the Authority in having general regard to scientific
matters and in providing access to the scientific community.
Number of members
1.43 The Authority will comprise of nine members, consisting of the
Chair, the Chief Scientist and seven other members. [Part 2, Division 2,
clause 17]
Term of membership
1.44 The Chair and members and associate members may hold office
on either a full-time or part-time basis. [Part 2, Division 2, clause 18(3)] [Part 2,
Division 2, clause 22(5)] The Chief Scientist holds their position on a part-time
basis. [Part 2, Division 2, clause 18(4)] However, the Act prevents a member
from also holding office as CEO unless that member is the full-time Chair.
[Part 2, Division 2, clause 18(5) and (6)]
1.45 All members (other than the Chief Scientist) are to be appointed
for a period of up to five years. [Part 2, Division 2, clause 19]
Associate members
1.46 As the Authority may be required to conduct a number of
concurrent reviews, the bill provides that the Minister may appoint
associate members. This allows the Authority's membership to be
augmented through additional high quality specialist expertise for the
purposes of particular reviews. [Part 2, Division 2, clause 22(1)]
1.47 An associate member's instrument of appointment must contain a
statement to the effect that the associate member's appointment relates to a
specified review. [Part 2, Division 2, clause 22(6)] The Minister must ensure
that not more than one associate member is appointed for a particular
review. [Part 2, Division 2, clause 22(7)]
16
Chapter 1: Climate Change Authority
1.48 An associate member holds office from the time specified in their
instrument of appointment until the completion of the review or some
period, no longer than 180 days, following the completion of the review, as
specified in the associate member's instrument of appointment. The effect
of this provision is to allow the Minister to appoint associate members for
up to 180 days following the completion of a review, so that they can, if
required, contribute to the Authority's work in assisting the Minister in
preparing Government responses to reviews for which they have been
appointed. [Part 2, Division 2, clause 23]
Expertise of members and Associate members
1.49 Before appointing a member (other than the Chief Scientist) or
an associate member, the Minister must be satisfied that the member or
associate member has substantial experience or knowledge, and significant
standing in, at least one of the following fields:
· climate science
· economics (including environmental economics)
· industry
· social policy
· technology development and adoption
· employment policy
· energy production and supply
· greenhouse gas emissions measurement and reporting
· greenhouse gas abatement measures
· financial markets and investment
· trading of environmental instruments
· land resource management
· environmental management
· public administration.
[Part 2, Division 2, clause 18(2)]
1.50 This list reflects the wide range of skills and expertise necessary
for the Authority to perform its functions at the highest possible level. As
the Authority is not a regulator and performs a special advisory role to the
Government, this list differs from the relevant fields of knowledge
required of Regulator members. For instance, the list includes `climate
science' which will be a highly relevant field of knowledge for the
Authority in performing its functions.
1.51 In order to ensure proper use and management of public money,
public property and other Commonwealth resources, the Authority will be
17
Climate Change Authority Bill 2011
subject to the Financial Management and Accountability Act 1997. The
CEO will perform functions and exercise powers relating to public
administration as the Chief Executive under this legislation. The CEO is
the head of a Statutory Agency for the purposes of the Public Service Act
1999 and the staff of the Authority are to be persons engaged under that
Act. [Part 2, Division 7, clause 52] The CEO will be expected to direct these
staff in their duties.
Acting positions
1.52 The bill anticipates that the Chair, a member or an associate
member of the Authority may be unable to perform the duties of the office
from time to time, such as when absent from Australia. The Minister can
appoint an acting Chair, acting member, or acting associate member (as
appropriate) in such circumstances. A person can only be appointed by the
Minister in an acting position if they would be eligible for appointment for
the position in which the person is acting. [Part 2, Division 2, clause 20] [Part 2,
Division 2, clause 24] Section 33AB of the Acts Interpretation Act 1901, to
commence later in 2011, provides that nothing done or purported to be
done by, or in relation to, an acting member or acting associate member is
invalid by virtue of the circumstances for the acting appointment not
having arisen or having ceased.
1.53 The bill also provides that the Chief Scientist may appoint a
Senior Executive Service employee to be his or her deputy for the
purposes of attendance at one or more specified meetings of the Authority.
A deputy of the Chief Scientist is entitled to attend and participate at a
meeting of the Authority when the Chief Scientist is absent. A deputy is
not entitled to any additional remuneration or allowances for attending a
meeting of the Authority. [Part 2, Division 2, clause 21]
Terms and conditions for members and associate members
Remuneration and entitlements of members and associate members
1.54 Members (other than the Chief Scientist) and associate members
of the Authority are to be paid at a rate determined by the Remuneration
Tribunal, the independent tribunal established under the Remuneration
Tribunal Act 1973 to handle the remuneration of key Commonwealth
officers. Where no determination has been made by the Tribunal,
members (other than associate members) are paid at the rate prescribed in
regulations. [Part 2, Division 3, clause 25(1)]
1.55 A full-time member and full-time associate member of the
Authority have the recreation leave entitlements determined by the
Remuneration Tribunal, and may be granted additional leave (other than
recreation leave) by the Minister. [Part 2, Division 3, clause 29(1) and 29(2)]
1.56 The Chair of the Authority may grant leave of absence to a part-
time member (other than the Chief Scientist) on terms and conditions
18
Chapter 1: Climate Change Authority
decided by the Chair. [Part 2, Division 3, clause 29(3)] (It is not possible for
recreation leave for part-time members to be set by the Remuneration
Tribunal, as the Remuneration Tribunal Act only authorises determinations
for full-time members of bodies like the Authority: Remuneration Tribunal
Act 1973, section 7(3AA)).
Resignation and Termination
1.57 A member (other than the Chief Scientist) or associate member
may resign by giving the Minister a written resignation. [Part 2, Division 3,
clause 30(1)]
1.58 The Minister may only terminate an appointment of a member
(other than the Chief Scientist) or associate member on narrow grounds,
including for misbehaviour, physical or mental incapacity, bankruptcy,
engagement in outside paid employment in certain circumstances, failure
to disclose conflicts of interest or repeated absence from meetings of the
Authority. [Part 2, Division 3, clause 31]
1.59 In the event that any terms and conditions of employment (other
than for the Chief Scientist) need to be specified and are not already dealt
with in the bill, the Minister may make a determination on those matters.
[Part 2, Division 3, clause 32]
Decision-making by the Authority
1.60 The bill is not prescriptive as to how the Authority should make
decisions. Subject to some minimum requirements, the Authority can
regulate proceedings at its meetings as it sees appropriate. [Part 2, Division 4,
clause 38]
1.61 These minimum requirements are:
· the Authority should hold such meetings as are necessary for
the performance of its functions [Part 2, Division 4, clause 33]
· the Chair presides at all meetings at which he or she is
present [Part 2, Division 4, clause 34(1)]
· if the Chair is not present, the other members present must
appoint one of themselves to preside [Part 2, Division 4,
clause 34(2)]
· five members constitute a quorum [Part 2, Division 4, clause 35]
· associate members are entitled to attend and participate in
meetings considering matters connected with the review for
which they were appointed (including assisting the Minister
to prepare the Government's response to any such review)
[Part 2, Division 4, clause 36]
· questions are resolved by a majority of votes (including,
where relating to a review for which they were appointed, the
votes of any associate members) [Part 2, Division 4, clause 37(1)]
19
Climate Change Authority Bill 2011
· if votes are evenly split, the presiding member has a casting
vote [Part 2, Division 4, clause 37(2)]
· the Authority must keep minutes of its meetings. [Part 2,
Division 4, clause 39]
Conflicts of interest
1.62 The bill contains a number of provisions aimed at ensuring that
Authority members and associate members do not have interests that
conflict with the proper performance of their duties. In particular, the bill
establishes:
· a general requirement that members and associate members
must give written notice to the Minister of all interests that
conflict, or could conflict, with the proper performance of
their functions [Part 2, Division 3, clause 26]
· a specific requirement that members or associate members
disclose to a meeting of the Authority a conflict of interest in
any matter before the Authority, and absent themselves from
any deliberation or decision with respect to that matter unless
the Authority otherwise determines [Part 2, Division 3, clause 27]
· a prohibition on a full-time member or a full-time associate
member of the Authority from engaging in any other paid
employment without the Minister's approval [Part 2, Division 3,
clause 28(1)]
· a prohibition on any part-time member or part-time associate
member from engaging in any paid employment that
conflicts, or may conflict, with the proper performance of his
or her duties. [Part 2, Division 3, clause 28(2)]
1.63 A failure to comply with the above requirements may provide
grounds for the termination of a member's appointment (other than for the
Chief Scientist). [Part 2, Division 3, clause 31(2)]
Chief Executive Officer
Role
1.64 The CEO is responsible for the day-to-day administration of the
Authority and has the general power to do all things necessary or
convenient to be done for, or in connection with, the performance of his or
her duties. [Part 2, Division 6, clause 41] [Part 2, Division 6, clause 42(1) and (2)]
1.65 The CEO must act in accordance with the policies determined,
and any directions given, by the Authority. [Part 2, Division 6, clause 42(3)]
20
Chapter 1: Climate Change Authority
Appointment of CEO
1.66 The Minister is responsible for appointing the CEO. The
Minister must consult the Authority before appointing the CEO. [Part 2,
Division 6, clause 43]
1.67 Except where the Chair of the Authority is appointed as the CEO,
the CEO will not be a member of the Authority.
Term of appointment
1.68 The CEO holds office on a full-time basis and is to be appointed
for a period of up to five years. [Part 2, Division 6, clause 43]
Acting CEO
1.69 The bill anticipates that the CEO may be unable to perform the
duties of the office from time to time, such as when absent from Australia.
The Minister can appoint an acting CEO in such circumstances. [Part 2,
Division 6, clause 44] Section 33AB of the Acts Interpretation Act 1901, to
commence later in 2011, provides that nothing done or purported to be
done by, or in relation to, an acting CEO is invalid by virtue of the
circumstances for the acting appointment not having arisen or having
ceased.
Remuneration and entitlements of CEO
1.70 The CEO is to be paid at a rate determined by the Remuneration
Tribunal. Where no determination has been made by the Tribunal, the
CEO is to be paid at the rate prescribed in regulations. [Part 2, Division 6,
clause 46]
1.71 The CEO has the recreation leave entitlements that are
determined by the Remuneration Tribunal. The Minister may grant leave
of absence to the CEO, other than recreation leave, on terms and
conditions determined by the Minister. [Part 2, Division 6, clause 47]
Outside employment
1.72 The CEO must not engage in paid employment outside the
duties of his or her office without the approval of the Minister. [Part 2,
Division 6, clause 45]
Conflicts of interest
1.73 The CEO must give written notice to the Minister and Authority
of all interests, pecuniary or otherwise, that conflict, or could conflict,
with the proper performance of his or her duties. [Part 2, Division 6,
clause 48]
Resignation and Termination
1.74 The CEO may resign by giving the Minister a written
resignation. If the CEO resigns, the Minister must notify the Authority of
the resignation [Part 2, Division 6, clause 49]
21
Climate Change Authority Bill 2011
1.75 The Minister may only terminate the CEO on narrow grounds,
including for misbehaviour, physical or mental incapacity, bankruptcy,
engagement in outside paid employment in certain circumstances, failure
to disclose conflicts of interest or unauthorised absence in certain
circumstances. [Part 2, Division 6, clause 50]
1.76 In the event that any terms and conditions of employment need to
be specified and are not already dealt with in the bill, the Minister may
make a determination on those matters. [Part 2, Division 6, clause 51]
Resourcing
Staff
1.77 For the purposes of the Public Service Act 1999, the CEO is the
head of a Statutory Agency and can employ Australian Public Sector
employees on behalf of the Commonwealth. [Part 2, Division 7, clause 52]
1.78 In order to ensure clear lines of accountability between the
Authority, the CEO and staff, the CEO is not subject to direction by the
Authority in relation to his or her actions taken under the Financial
Management and Accountability Act 1997 or the Public Service Act 1999.
[Part 2, Division 9, clause 58]
1.79 The consequential amendments bill provides that staff transferred
to the Authority from the Department or the Office of the Renewable
Energy Regulator will continue to be employed under the same terms and
conditions as their previous employment (until the commencement of any
new enterprise agreement entered into between the CEO and the staff of
the Authority).
Consultants
1.80 The Authority also has the power to engage persons with suitable
qualifications and experience as consultants. [Part 2, Division 7, clause 54]
Other public sector employees
1.81 The Authority may also be assisted by public sector officers and
employees (Commonwealth, State or Territory), where their services are
made available. It is expected that such assistance may particularly be
required in the establishment of the Authority. The presence of such staff
assisting the Authority is not intended to detract from the Authority's
independent powers in relation to the reviews which it undertakes. [Part 2,
Division 7, clause 53]
Planning obligations
1.82 The Authority must prepare a corporate plan at least once in each
3 year period, which sets out the objectives of the Authority and the
strategies and policies that are to be followed to achieve those objectives.
[Part 2, Division 8, clause 55(1)-(3)]
22
Chapter 1: Climate Change Authority
1.83 In addition to these general requirements, the corporate plan must
also include details on any other matter that the Minister requires. [Part 2,
Division 8, clause 55(3)(c)]
1.84 However, there is no requirement for the Minister to amend or
approve the corporate plan.
1.85 Once a corporate plan has been prepared, the Chair must keep the
Minister informed as to changes to the plan and matters that might
significantly affect the achievement of the objectives set out in the plan.
[Part 2, Division 8, clause 55(4)]
1.86 The Minister may give the Chair guidelines to use in preparing
the Corporate Plan, or informing the Minister. [Part 2, Division 8, clause 55(5)
and (6)]
1.87 The first corporate plan must be prepared within 12 months after
the commencement of the Authority as specified in section 2 - in effect 13
months from the date Royal Assent is given to the Clean Energy Plan
legislative package. [Part 2, Division 8, clause 55(7)]
Annual reports
1.88 The Authority is required to prepare an annual report for each
financial year, for presentation by the Minister to Parliament. [Part 2,
Division 8, clause 56(1)]
1.89 The annual report will set out
· a description of the objectives of the Authority
· an assessment of the extent to which the Authority's
operations during the year have achieved those objectives.
[Part 2, Division 8, clause 56(2) and (3)]
Special reviews requested by the Minister
1.90 As mentioned above, the bill also provides that the Minister, or
both Houses of Parliament by resolution, may require the Authority to
conduct special reviews relating to climate change in addition to the
reviews it is required to provide under the other climate change laws.
[Part 3, clause 59(1) and (2)]
1.91 In conducting a special review the Authority must undertake
public consultation. [Part 3, clause 59(3)]
1.92 The Authority must give the report of a special review to the
Minister, who must table copies of the report in each House of the
Parliament within 15 sitting days of receiving it. [Part 3, clause 60(1) and (2)]
1.93 The Authority must publish the report of a special review on its
website as soon as practicable after providing it to the Minister.
1.94 A report of a special review may set out recommendations to the
Government but in formulating a recommendation that the Government
23
Climate Change Authority Bill 2011
should take particular action, the Authority must analyse the costs and
benefits of the proposed action. This requirement, however, does not
prevent the Authority from taking into account other matters when
formulating a recommendation. The Authority must set out its reasons for
any recommendations in its report. [Part 3, clause 60(3)-(6)]
1.95 The Minister must, on behalf of the Government, prepare a
response to the Authority's recommendations as soon as practicable after
receiving the report and must table copies of the response in each House
of the Parliament within 6 months of receiving the report. The
Government's response may have regard to the views of the Authority and
any other person the Minister considers relevant. [Part 3, clause 60(7) and (8)]
24
Chapter 2
Land Sector and Carbon Biodiversity
Board
Outline of chapter
2.1 This chapter describes the Land Sector Carbon and Biodiversity
Board's functions and powers, membership, and reporting obligations.
Context
2.2 The bill establishes the Land Sector Carbon and Biodiversity
Board, comprising a Chair and four other members.
2.3 The Board will perform a number of functions. It will:
· advise on performance indicators, implementation and
funding guidelines for measures supported by the
Government's Biodiversity Fund relating to biodiverse
ecosystems and carbon sequestration in those ecosystems;
and
· provide advice to the Government on the implementation,
performance indicators and priorities for research of other
prescribed land sector measures included as part of the
Government's plan for a clean energy future.
2.4 The Board's functions are intended to ensure that efforts are not
duplicated and benefits for landholders and the environment are realised.
2.5 The Board will also be required to produce an annual report for
the Environment Minister, which will be tabled in Parliament.
Detailed explanation of new law
Establishment of Board
2.6 The Board will be constituted to assess and advise the Ministers
for Environment, Agriculture and Climate Change, on matters relating to
the implementation of land sector measures announced by the
Government on 10 July 2011. [Schedule 4, Division 1, clause 61] [Schedule 4,
Division 1, clause 62]
25
Climate Change Authority Bill 2011
2.7 The Board will advise on performance indicators the
implementation of, and research priorities in relation to, prescribed
measures which:
· increase the land sector's resilience to climate change;
· assist landholders and regional communities benefit from
greenhouse gas emissions reduction measures in the land
sector, and from carbon sequestration; and
· improve long-term farm productivity.
2.8 It is intended that measures prescribed in the regulations would
include:
· the Carbon Farming Futures package - investing in research,
methodology development, farm projects on the ground
including support for farmers to adopt conservation tillage
equipment, and extension and outreach services;
· Regional NRM Planning for Climate Change - funding for
natural resource management (NRM) organisations to
incorporate climate change mitigation and adaptation
components into existing regional NRM plans;
· Indigenous Carbon Farming Fund - funding to assist
Indigenous Australians to benefit from carbon farming; and
· the Carbon Farming Initiative non-Kyoto Carbon Fund -
providing incentives for land sector abatement activities that
are not counted towards Australia's Kyoto commitments.
2.9 It is proposed that specific measures be prescribed to allow new
measures to be added, or for measures to be removed, to respond to future
Government policy initiatives in this area.
2.10 It is also intended that the Board provide advice on the
coordination of research activities under the Carbon Farming Futures
package, drawing on experience and work to date among government
agencies and Rural Research and Development Corporations to reduce
duplication and help set climate change investment research strategies.
This will assist in targeting government research funding to key activities
and gaps, and leveraging investment across the research community.
2.11 The Board will also advise the Environment Minister on
performance indicators for, implementation of, and guidelines for funding
of, the Government's Biodiversity Fund announced on 10 July 2011. This
will provide funding for projects that establish, restore, enhance, improve,
protect or manage biodiverse carbon stores to deliver biodiversity and
related environmental benefits.
2.12 It is intended that measures through the Biodiversity Fund on
which the Board will be able to provide advice will be aimed at:
26
Chapter 2: Land Sector and Carbon Biodiversity Board
· biodiverse reforestation and revegetation;
· management and enhancement of existing biodiverse carbon
stores in the terrestrial landscape; and
· action to prevent the spread of invasive species across
connected landscapes.
2.13 The Board will play a key oversight and review role in ensuring
the Biodiversity Fund is well targeted and maximises the opportunities
available. In particular, the Board will provide advice on the guidelines
for the program, including priorities, streaming of funding and criteria for
funding in relation to measures under the Program as outlined above.
2.14 The Board must perform its functions only within the limits of
the Commonwealth's constitutional powers. [Schedule 4, Division 1, clause 63]
It may also do anything incidental or conducive to the performance of its
specified functions. [Schedule 4, Division 1, clause 62]
2.15 The Environment and Agriculture Ministers may establish
committees to advise or assist the Board in the performance of its
functions. These are expected to be technical committees and may
comprise members of the Board or other persons appointed, by written
instrument, by both Ministers. [Schedule 4, Division 4, clause 78]
Membership of the Board
2.16 The Board must have five members, including the Chair.
[Schedule 4, Division 2, clause 64] Members
are to be appointed by the Minister
for Sustainability, Environment, Water, Population and Communities,
defined in the Bill as the Environment Minister, and the Minister for
Agriculture, Fisheries and Forestry, defined as the Agriculture Minister.
The Climate Change Minister must be consulted on appointments.
[Schedule 4, Division 2, clause 65]
2.17 The Environment and Agriculture Ministers must be satisfied
that anyone appointed to the Board has substantial experience or
knowledge in a range of specified fields including agricultural science,
economics (including environmental economics), conservation ecology,
greenhouse gas emissions measurement and reporting, greenhouse gas
abatement measures (including measuring carbon storage), public
administration and business management (including governance), and the
management or care of indigenous-held land. [Schedule 4, Division 2,
clause 65(2)]
2.18 Indigenous-held land has the same meaning as in section 4B of
the Aboriginal and Torres Strait Islander Act 2005, which principally
covers land in which an interest is held by an Aboriginal or Torres Strait
Islander corporation, or by an Aboriginal or Torres Strait Islander person.
The term `management and care' is intended to encompass traditional
custodianship and care arrangements as well as broader land management.
27
Climate Change Authority Bill 2011
2.19 Members of the Board hold office on a part time basis.
[Schedule 4, Division 2, clause 65(4)]
2.20 All members are to be appointed for a period of up to five years.
[Schedule 4, Division 2, clause 66]
2.21 The Environment Minister and Agriculture Ministers can
appoint an acting Chair or acting member of the Board when there is a
vacancy in the office of the Chair or in the office of a member; or when
the Chair or a member is absent from duty or absent from Australia.
[Schedule 4, Division 2, clause 67] Section 33AB of the Acts Interpretation Act
1901, to commence later in 2011, provides that nothing done or purported
to be done by, or in relation to, an acting member is invalid by virtue of
the circumstances for the acting appointment not having arisen or having
ceased. A transitional provision is included in case Part 4 of this Bill
commences before the new section 33AB takes effect. [Schedule 5,
clause 82A]
2.22 The Environment Minister may grant leave of absence to the
Chair of the Board on terms and conditions that the Environment Minister
determines. The Chair of the Board may grant leave of absence to a
Board member on terms and conditions decided by the Chair. [Schedule 4,
Division 2, clause 73]
2.23 A Board member may resign by giving the Environment or
Agriculture Ministers a written resignation. [Schedule 4, Division 2, clause 74]
2.24 The Environment Minister and Agriculture Minister can jointly
terminate the appointment of a Board member, but only on narrow
grounds, including bankruptcy, misbehaviour, physical or mental
incapacity, unsatisfactory performance, or repeated absence from
meetings of the Board. [Schedule 4, Division 2, clause 75]
2.25 The bill is not prescriptive as to how the Board should make
decisions. Subject to some minimum procedural requirements which may
be prescribed in regulations, the Board can regulate proceedings at its
meetings as it sees appropriate. The regulations could include matters
relating to the convening of meetings, the constitution of a quorum and
the manner of decision-making. [Schedule 4, Division 2, clause 68]
Conflict of interest provisions
2.26 The bill contains a number of provisions aimed at ensuring that
Board members do not have interests that conflict with the proper
performance of their duties. In particular, the bill establishes:
· a general requirement that members must give written notice
to the Environment and Agriculture Ministers of all interests
that conflict, or could conflict, with the proper performance
of their functions [Schedule 4, Division 2, clause 69]
28
Chapter 2: Land Sector and Carbon Biodiversity Board
· a specific requirement that members disclose to a meeting of
the Board a conflict of interest in any matter before the
Board, and absent themselves from any deliberation or
decision with respect to that matter unless the Board
determines otherwise [Schedule 4, Division 2, clause 70]
· a prohibition on any member from engaging in any paid
employment that conflicts, or may conflict, with the proper
performance of his or her duties. [Schedule 4, Division 2,
clause 71]
2.27 A failure to comply with the above requirements may provide
grounds for the termination of a member's appointment. [Schedule 4,
Division 2, clause 75(2)]
Terms and conditions
2.28 Members of the Board are to be paid at a rate determined by the
Remuneration Tribunal, the independent tribunal established under the
Remuneration Tribunal Act 1973 to handle the remuneration of key
Commonwealth offices. Where no determination has been made by the
Tribunal, members are paid at the rate prescribed in regulations.
[Schedule 4, Division 2, clause 72] The same provisions apply to committee
members. [Schedule 4, Division 4, clause 79]
2.29 In the event that any terms and conditions of employment need
to be specified and are not already dealt with in the bill, the Environment
Minister may make a determination on those matters. [Schedule 4, Division 2,
clause 76]
Resourcing
2.30 The Board will be serviced by APS staff currently within the
Department of Sustainability, Environment, Water, Population and
Communities. This Department will provide secretariat functions for the
Board and any committees, and may be assisted by any other
Commonwealth Department, agency or authority, where their services are
made available. It is envisaged that the Climate Change and Agriculture
Departments in particular may provide such assistance. [Schedule 4,
Division 3, clause 77] [Schedule 4, Division 4, clause 80]
Annual report
2.31 The Board must prepare an annual report for each financial year,
for presentation by the Environment Minister to Parliament.
2.32 The annual report must contain a report on the Board's
operations during that year. In keeping with the Government's
commitment, this report must include information on the progress of land
sector and biodiversity fund measures on which it is able to advise,
including the contribution which those measures have made to
29
Climate Change Authority Bill 2011
maintaining biodiversity, and to reducing greenhouse gas emissions in
keeping with Australia's climate change objectives. [Part 4, Division 5,
clause 81]
30
Chapter 3
Other matters
Outline of chapter
3.1 This chapter describes additional provisions in the Bill.
3.2 The bill applies to Commonwealth, State and Territory
governments. [Part 1, clause 6]
3.3 The bill extends to all of Australia's external territories, and to
matters within Australia's sovereign rights in the exclusive economic zone
and continental shelf. The terms `exclusive economic zone' and
`continental shelf' are defined in the Acts Interpretation Act 1901, as
amended by the Acts Interpretation Amendment Act 2011. [Part 1, clause 7]
[Part 1, clause 8]
3.4 As with clause 11 of the main bill, the bill extends to the Joint
Petroleum Development Area as defined in the Petroleum (East Timor
Sea) Treaty Act 2003. [Part 1, clause 4, definition of `Joint Petroleum
Development Area'] [Part 1, clause 9]
3.5 The express application of the Act to the Joint Petroleum
Development Area--an agreed joint development area under the Timor
Sea Treaty [2003] ATS 13--is consistent with the obligations of Australia
under article 4(1) of the Treaty between Australia and Timor-Leste on
Certain Maritime Arrangements in the Timor Sea [2007] ATS 12.
3.6 The bill contains a standard regulation-making power. [Part 5,
clause 83]
3.7 The short title of the bill is at clause 1, and a simplified outline
of the bill is at clause 3. [Part 1, clause 1] [Part 1, clause 3]
3.8 Definitions of words used in the bill are set out in clause 4.
[Part 1, clause 4]
Liability for damages
3.9 The bill specifies that certain persons are not liable to an action
for damages for acts done in good faith (or omissions) in the performance
of their functions under the bill or the associated provisions. The persons
include the Authority, the Authority's delegates, the Board members, and
members of any committees set up by the Board. [Schedule 5, clause 82] The
type of provision is common in Commonwealth legislation and enables
persons with statutory functions to perform their functions without fear of
legal action being taken against them, as long as they perform those
functions in good faith.
31
Climate Change Authority Bill 2011
Application and transitional provisions
3.10 The operative provisions of Part 1 of the bill come into effect at
the same time as section 3 of the Clean Energy Act 2011, which is a single
day to be fixed by Proclamation. [Part 1, clause 2]
3.11 The provisions of Parts 2 and 3 come into effect on 1 July 2012,
which is the proposed commencement date for the Authority. The
provisions of Parts 4 and 5, which deal with the Board, come into effect
on a single day to be fixed by Proclamation, but not before section 3 of the
Clean Energy Act 2011 comes into effect. This is intended to allow a short
period for appointments to be finalised. [Part 1, clause 2]
3.12 These dates are conditional on other bills essential to the
operation of the Clean Energy Plan legislation also receiving Royal
Assent: clause 2 of the main bill.
Consequential amendments
3.13 Consequential amendments also come into effect at the same
time as section 3 of the Clean Energy Act 2011 receives Royal Assent:
Clause 2 of the main bill.
32
Index
Part 1: Preliminary
Bill reference Paragraph number
Clause 1 3.7
Clause 2 3.10, 3.11
Clause 3 3.7
Clause 4 3.8
Clause 4, definition of `Joint Petroleum Development Area' 3.4
Clause 6 3.2
Clause 7 3.3
Clause 8 3.3
Clause 9 3.4
Part 2: Climate Change Authority
Bill reference Paragraph number
Division 1, clause 10 1.20
Division 1, clause 11 1.26
Division 1, clause 12 1.29
Division 1, clause 13(1) 1.36
Division 1, clause 13(2) 1.37
Division 1, clause 13(3) 1.25
Division 1, clause 13(4) 1.25
Division 1, clause 13(5) 1.25
Division 1, clause 14 1.25
Division 1, clause 15 1.25
Division 2, clause 16 1.21
Division 2, clause 17 1.21, 1.42, 1.43
Division 2, clause 18(1) 1.41
Division 2, clause 18(2) 1.49
Division 2, clause 18(3) 1.44
Division 2, clause 18(4) 1.44
33
Climate Change Authority Bill 2011
Division 2, clause 18(5) and (6) 1.44
Division 2, clause 19 1.45
Division 2, clause 20 1.52
Division 2, clause 21 1.53
Division 2, clause 22 1.22
Division 2, clause 22(1) 1.41, 1.46
Division 2, clause 22(5) 1.44
Division 2, clause 22(6) 1.47
Division 2, clause 22(7) 1.47
Division 2, clause 23 1.48
Division 2, clause 24 1.52
Division 3, clause 25(1) 1.54
Division 3, clause 26 1.62
Division 3, clause 27 1.62
Division 3, clause 28(1) 1.62
Division 3, clause 28(2) 1.62
Division 3, clause 29(1) and 29(2) 1.55
Division 3, clause 29(3) 1.56
Division 3, clause 30(1) 1.57
Division 3, clause 31 1.58
Division 3, clause 31(2) 1.63
Division 3, clause 32 1.59
Division 4, clause 33 1.61
Division 4, clause 34(1) 1.61
Division 4, clause 34(2) 1.61
Division 4, clause 35 1.61
Division 4, clause 36 1.61
Division 4, clause 37(1) 1.61
Division 4, clause 37(2) 1.61
Division 4, clause 38 1.60
Division 4, clause 39 1.61
Division 5, clause 40(1) 1.38
Division 5, clause 40(2) 1.39
Division 5, clause 40(3) 1.40
Division 6, clause 41 1.64
Division 6, clause 42(1) and (2) 1.64
Division 6, clause 42(3) 1.65
34
Index
Division 6, clause 43 1.66, 1.68
Division 6, clause 44 1.69
Division 6, clause 45 1.72
Division 6, clause 46 1.70
Division 6, clause 47 1.71
Division 6, clause 48 1.73
Division 6, clause 49 1.74
Division 6, clause 50 1.75
Division 6, clause 51 1.76
Division 7, clause 52 1.51, 1.77
Division 7, clause 53 1.81
Division 7, clause 54 1.80
Division 8, clause 55(1)-(3) 1.82
Division 8, clause 55(3)(c) 1.83
Division 8, clause 55(4) 1.85
Division 8, clause 55(5) and (6) 1.86
Division 8, clause 55(7) 1.87
Division 8, clause 56(1) 1.88
Division 8, clause 56(2) and (3) 1.89
Division 8, clause 57 1.23
Division 8, clause 57(1) 1.24
Division 9, clause 58 1.78
Part 3: Special reviews
Bill reference Paragraph number
Clause 59(1) and (2) 1.90
Clause 59(3) 1.91
Clause 60(1) and (2) 1.92
Clause 60(3)-(6) 1.94
Clause 60(7) and (8) 1.95
35
Climate Change Authority Bill 2011
Part 4: Land Sector Carbon and Biodiversity Board
Bill reference Paragraph number
Division 1, clause 61 2.6
Division 1, clause 62 2.6, 2.14
Division 1, clause 63 2.14
Division 2, clause 64 2.16
Division 2, clause 65 2.16
Division 2, clause 65(2) 2.17
Division 2, clause 65(4) 2.19
Division 2, clause 66 2.20
Division 2, clause 67 2.21
Division 2, clause 68 2.25
Division 2, clause 69 2.26
Division 2, clause 70 2.26
Division 2, clause 71 2.26
Division 2, clause 72 2.28
Division 2, clause 73 2.22
Division 2, clause 74 2.23
Division 2, clause 75 2.24
Division 2, clause 75(2) 2.27
Division 2, clause 76 2.29
Division 3, clause 77 2.30
Division 4, clause 78 2.15
Division 4, clause 79 2.28
Division 4, clause 80 2.30
Division 5, clause 81 2.32
Part 5: Miscellaneous
Bill reference Paragraph number
Clause 82 3.9
Clause 82A 2.21
Clause 83 3.6
36