2008-2009 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Australian Centre for Renewable Energy Bill 2009 No. , 2009 (Resources, Energy and Tourism) A Bill for an Act to establish the Australian Centre for Renewable Energy Board, and for related purposes [Page Break] Part 1--Preliminary 1 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 2 3 Definitions ......................................................................................... 2 Part 2--The Australian Centre for Renewable Energy Board 3 Division 1--Establishment and functions of the Board 3 4 Establishment ..................................................................................... 3 5 Functions ........................................................................................... 3 6 Minister may give directions to the Board ......................................... 4 Division 2--Members of the Board 5 7 Membership ....................................................................................... 5 8 Appointment of members .................................................................. 5 9 Term of appointment ......................................................................... 5 10 Acting appointments .......................................................................... 5 11 Remuneration ..................................................................................... 6 12 Leave of absence................................................................................ 7 13 Disclosure of interests to the Minister ............................................... 7 14 Disclosure of interests to the Board ................................................... 7 15 Other terms and conditions ................................................................ 8 16 Resignation of members .................................................................... 8 17 Termination of appointment .............................................................. 8 Division 3--Meetings of the Board 10 18 Convening meetings ........................................................................ 10 19 Presiding at meetings ....................................................................... 10 20 Quorum ............................................................................................ 10 21 Voting at meetings ........................................................................... 11 22 Conduct of meetings ........................................................................ 11 23 Minutes ............................................................................................ 11 24 Decisions without meetings ............................................................. 11 Division 4--Reports 13 25 Annual reports ................................................................................. 13 Part 3--Chief Executive Officer, staff and consultants 14 26 Chief Executive Officer ................................................................... 14 27 Staff and consultants ........................................................................ 14 i Australian Centre for Renewable Energy Bill 2009 No. , 2009 [Page Break] 28 Delegation ........................................................................................ 15 29 Regulations ...................................................................................... 15 Australian Centre for Renewable Energy Bill 2009 No. , 2009 ii [Page Break] 2 for Renewable Energy Board, and for related 3 purposes 4 The Parliament of Australia enacts: 5 Part 1--Preliminary 6 7 1 Short title 8 This Act may be cited as the Australian Centre for Renewable 9 Energy Act 2009. Australian Centre for Renewable Energy Bill 2009 No. , 2009 1 [Page Break] Section 2 1 2 Commencement 2 This Act commences on the day this Act receives the Royal 3 Assent. 4 3 Definitions 5 In this Act: 6 appointed member means a member of the Board appointed under 7 section 8, and includes the Chair. 8 Board means the Australian Centre for Renewable Energy Board 9 established by section 4. 10 CEO means the person who occupies the position of Chief 11 Executive Officer of the Australian Centre for Renewable Energy. 12 Chair means the Chair of the Board. 13 member means a member of the Board. 14 renewable energy technologies includes associated enabling 15 technologies. 16 Secretary means the Secretary of the Department. 17 2 Australian Centre for Renewable Energy Bill 2009 No. , 2009 [Page Break] Establishment and functions of the Board Division 1 Section 4 1 Part 2--The Australian Centre for Renewable 2 Energy Board 3 Division 1--Establishment and functions of the Board 4 4 Establishment 5 The Australian Centre for Renewable Energy Board is established 6 by this section. 7 5 Functions 8 (1) The functions of the Board are: 9 (a) to provide advice to the Minister in relation to renewable 10 energy technologies, including advice in relation to the 11 following: 12 (i) strategies to fund and promote the development, 13 commercialisation and use of renewable energy 14 technologies; 15 (ii) the funding of renewable energy technology projects 16 and measures; 17 (iii) the management of renewable energy technology 18 programs; 19 (iv) improving existing program delivery; 20 (v) the provision of venture capital funding; 21 (vi) priority areas for government support; 22 (vii) establishing links with state and territory government 23 agencies and the private sector with a view to 24 developing strategies for stimulating investment in 25 renewable energy technologies; and 26 (b) to assess renewable energy technology projects and measures 27 for the purposes of providing advice under 28 subparagraph (a)(ii); and 29 (c) any other functions that the Minister, by writing, directs the 30 Board to perform. 31 (2) A direction under paragraph (1)(c) is not a legislative instrument. Australian Centre for Renewable Energy Bill 2009 No. , 2009 3 [Page Break] Division 1 Establishment and functions of the Board Section 6 1 6 Minister may give directions to the Board 2 (1) The Minister may give written directions to the Board about the 3 performance of its functions. 4 (2) Directions given by the Minister under subsection (1) must be of a 5 general nature only. 6 (3) The Minister must not give directions about the content of any 7 advice that may be given by the Board. 8 (4) The Board must comply with a direction given by the Minister 9 under subsection (1). 10 (5) A direction under subsection (1) is not a legislative instrument. 11 4 Australian Centre for Renewable Energy Bill 2009 No. , 2009 [Page Break] Members of the Board Division 2 Section 7 1 Division 2--Members of the Board 2 7 Membership 3 The Board consists of the following members: 4 (a) the Chair; 5 (b) up to 6 other appointed members; 6 (c) the CEO. 7 Note: Section 18B of the Acts Interpretation Act 1901 deals with the title of 8 the Chair. 9 8 Appointment of members 10 (1) Members of the Board (other than the CEO) are to be appointed: 11 (a) by the Minister by written instrument; and 12 (b) on a part-time basis. 13 (2) In making appointments, the Minister must ensure: 14 (a) that he or she is satisfied that each member has knowledge 15 of, or experience in, a field relevant to the Board's functions; 16 and 17 (b) to the extent possible--that the members of the Board have, 18 between them, experience in the following areas: 19 (i) finance, economics, law and project management; 20 (ii) the energy industry and energy markets; 21 (iii) technical development, science or engineering; 22 (iv) administration and program management. 23 9 Term of appointment 24 An appointed member holds office for the period specified in the 25 instrument of appointment. The period must not exceed 2 years. 26 Note: A member is eligible for reappointment: see subsection 33(4A) of the 27 Acts Interpretation Act 1901. 28 10 Acting appointments 29 (1) The Minister may appoint a member to act as the Chair: Australian Centre for Renewable Energy Bill 2009 No. , 2009 5 [Page Break] Division 2 Members of the Board Section 11 1 (a) during a vacancy in the office of Chair (whether or not an 2 appointment has previously been made to the office); or 3 (b) during any period, or during all periods, when the Chair is 4 absent from duty or from Australia, or is, for any reason, 5 unable to perform the duties of the office. 6 (2) The Minister may appoint a person to act as an appointed member: 7 (a) during a vacancy in the office of a member (whether or not 8 an appointment has previously been made to the office); or 9 (b) during any period, or during all periods, when a member is 10 absent from duty or from Australia, or is, for any reason, 11 unable to perform the duties of the office. 12 Note: Section 33A of the Acts Interpretation Act 1901 has rules that apply to 13 acting appointments. 14 (3) Anything done by or in relation to a person purporting to act under 15 an appointment is not invalid merely because: 16 (a) the occasion for the appointment had not arisen; or 17 (b) there was a defect or irregularity in connection with the 18 appointment; or 19 (c) the appointment had ceased to have effect; or 20 (d) the occasion to act had not arisen or had ceased. 21 11 Remuneration 22 (1) An appointed member is to be paid the remuneration that is 23 determined by the Remuneration Tribunal. If no determination of 24 that remuneration by the Tribunal is in operation, the member is to 25 be paid the remuneration that is prescribed by the regulations. 26 (2) An appointed member is to be paid the allowances that are 27 prescribed by the regulations. 28 (3) This section has effect subject to the Remuneration Tribunal Act 29 1973. 6 Australian Centre for Renewable Energy Bill 2009 No. , 2009 [Page Break] Members of the Board Division 2 Section 12 1 12 Leave of absence 2 Chair 3 (1) The Minister may grant leave of absence to the Chair on the terms 4 and conditions that the Minister determines. 5 Other members 6 (2) The Chair may grant leave of absence to any other appointed 7 member on the terms and conditions that the Chair determines. 8 (3) The Chair must notify the Minister if the Chair grants to a member 9 leave of absence for a period that exceeds 6 months. 10 13 Disclosure of interests to the Minister 11 A member must give written notice to the Minister of all interests, 12 pecuniary or otherwise, that the member has or acquires and that 13 conflict or could conflict with the proper performance of the 14 member's functions. 15 14 Disclosure of interests to the Board 16 (1) A member who has an interest, pecuniary or otherwise, in a matter 17 being considered or about to be considered by the Board must 18 disclose the nature of the interest to a meeting of the Board. 19 (2) The disclosure must be made as soon as possible after the relevant 20 facts have come to the member's knowledge. 21 (3) The disclosure must be recorded in the minutes of the meeting of 22 the Board. 23 (4) Unless the Board otherwise determines, the member: 24 (a) must not be present during any deliberation by the Board on 25 the matter; and 26 (b) must not take part in any decision of the Board with respect 27 to the matter. 28 (5) For the purposes of making a determination under subsection (4), 29 the member: Australian Centre for Renewable Energy Bill 2009 No. , 2009 7 [Page Break] Division 2 Members of the Board Section 15 1 (a) must not be present during any deliberation of the Board for 2 the purpose of making the determination; and 3 (b) must not take part in making the determination. 4 (6) A determination under subsection (4) must be recorded in the 5 minutes of the meeting of the Board. 6 15 Other terms and conditions 7 An appointed member holds office on the terms and conditions (if 8 any) in relation to matters not covered by this Act that are 9 determined by the Minister. 10 16 Resignation of members 11 (1) An appointed member may resign his or her appointment by giving 12 the Minister a written resignation. 13 (2) The resignation takes effect on the day it is received by the 14 Minister or, if a later day is specified in the resignation, on that 15 later day. 16 17 Termination of appointment 17 (1) The Minister may terminate the appointment of an appointed 18 member for misbehaviour or physical or mental incapacity. 19 (2) The Minister may terminate the appointment of an appointed 20 member if: 21 (a) the member: 22 (i) becomes bankrupt; or 23 (ii) applies to take the benefit of any law for the relief of 24 bankrupt or insolvent debtors; or 25 (iii) compounds with his or her creditors; or 26 (iv) makes an assignment of his or her remuneration for the 27 benefit of his or her creditors; or 28 (b) the member is absent, except on leave of absence, from 3 29 consecutive meetings of the Board; or 30 (c) the member fails, without reasonable excuse, to comply with 31 section 13 or 14 (disclosure of interests). 8 Australian Centre for Renewable Energy Bill 2009 No. , 2009 [Page Break] Members of the Board Division 2 Section 17 1 (3) The Minister may terminate the appointment of an appointed 2 member if he or she is satisfied that the member's performance has 3 been unsatisfactory for a significant period of time. 4 Australian Centre for Renewable Energy Bill 2009 No. , 2009 9 [Page Break] Division 3 Meetings of the Board Section 18 1 Division 3--Meetings of the Board 2 18 Convening meetings 3 (1) The Board must hold the meetings that are necessary for the 4 efficient performance of its functions. 5 (2) Meetings are to be held at the times and places that the Board 6 determines. 7 Note: See also section 33B of the Acts Interpretation Act 1901, which 8 contains extra rules about meetings by telephone etc. 9 (3) The Chair: 10 (a) may convene a meeting; and 11 (b) must convene at least 4 meetings each calendar year; and 12 (c) must convene a meeting if requested in writing by: 13 (i) 3 or more other members; or 14 (ii) the Minister. 15 19 Presiding at meetings 16 (1) The Chair must preside at all meetings at which he or she is 17 present. 18 (2) If the Chair is not present at a meeting, the other members present 19 must appoint a member to preside. 20 20 Quorum 21 (1) At a meeting of the Board, a quorum is constituted by a majority of 22 the current members. 23 (2) However, if: 24 (a) section 14 prevents a member from participating in the 25 deliberations or decisions of the Board with respect to a 26 particular matter; and 27 (b) when the member leaves the meeting concerned there is no 28 longer a quorum present; 10 Australian Centre for Renewable Energy Bill 2009 No. , 2009 [Page Break] Meetings of the Board Division 3 Section 21 1 the remaining members at the meeting constitute a quorum for the 2 purpose of any deliberation or decision at that meeting with respect 3 to that matter. 4 21 Voting at meetings 5 (1) A question arising at a meeting is to be determined by a majority of 6 the votes of the members present and voting. 7 (2) The person presiding at a meeting has a deliberative vote and, in 8 the event of an equality of votes, a casting vote. 9 22 Conduct of meetings 10 The Board may regulate proceedings at its meetings as it considers 11 appropriate. 12 23 Minutes 13 The Board must keep minutes of its meetings. 14 24 Decisions without meetings 15 (1) The Board is taken to have made a decision at a meeting if: 16 (a) without meeting, a majority of the members entitled to vote 17 on the proposed decision indicate agreement with the 18 decision; and 19 (b) that agreement is indicated in accordance with the method 20 determined by the Board under subsection (2); and 21 (c) all the members were informed of the proposed decision, or 22 reasonable efforts were made to inform all the members of 23 the proposed decision. 24 (2) Subsection (1) applies only if the Board: 25 (a) has determined that it may make decisions of that kind 26 without meeting; and 27 (b) has determined the method by which members are to indicate 28 agreement with proposed decisions. Australian Centre for Renewable Energy Bill 2009 No. , 2009 11 [Page Break] Division 3 Meetings of the Board Section 24 1 (3) For the purposes of paragraph (1)(a), a member is not entitled to 2 vote on a proposed decision if the member would not have been 3 entitled to vote on that proposal if the matter had been considered 4 at a meeting of the Board. 5 (4) The Board must keep a record of decisions made in accordance 6 with this section. 7 12 Australian Centre for Renewable Energy Bill 2009 No. , 2009 [Page Break] Reports Division 4 Section 25 1 Division 4--Reports 2 25 Annual reports 3 (1) The Board must, as soon as practicable after the end of each 4 financial year, prepare and give to the Minister, for presentation to 5 the Parliament, a report on its operations during that year. 6 Note: See also section 34C of the Acts Interpretation Act 1901, which 7 contains extra rules about annual reports. 8 (2) The Board must include in the report details of any written 9 directions given to it by the Minister under subsection 6(1) during 10 the year. 11 Australian Centre for Renewable Energy Bill 2009 No. , 2009 13 [Page Break] Section 26 1 Part 3--Chief Executive Officer, staff and 2 consultants 3 4 26 Chief Executive Officer 5 (1) The Secretary must, by writing, designate a position in the 6 Department as the position of Chief Executive Officer of the 7 Australian Centre for Renewable Energy. 8 Note: For creation of positions, see section 77 of the Public Service Act 9 1999. 10 (2) The position of Chief Executive Officer of the Australian Centre 11 for Renewable Energy can only be occupied by an SES employee. 12 (3) An instrument under subsection (1) is not a legislative instrument. 13 27 Staff and consultants 14 (1) The staff required to assist the Board are to be persons engaged 15 under the Public Service Act 1999 and made available for the 16 purpose by the Secretary. 17 (2) The Board may also be assisted by consultants, or other persons, 18 engaged by the Commonwealth. 19 14 Australian Centre for Renewable Energy Bill 2009 No. , 2009 [Page Break] Section 28 1 Part 4--Miscellaneous 2 3 28 Delegation 4 (1) The Minister may, by writing, delegate any or all of his or her 5 functions and powers under this Act, other than a function or 6 power under paragraph 5(1)(c) or section 6, 8, 10, 12, 15 or 17, to: 7 (a) the Secretary of the Department; or 8 (b) the CEO or another SES employee, or acting SES employee, 9 in the Department. 10 (2) In exercising functions or powers delegated under subsection (1), 11 the delegate must comply with any directions of the Minister. 12 29 Regulations 13 The Governor-General may make regulations prescribing matters: 14 (a) required or permitted by this Act to be prescribed; or 15 (b) necessary or convenient to be prescribed for carrying out or 16 giving effect to this Act. 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