AUSTRALIAN RENEWABLE ENERGY AGENCY (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2011

i Australian Renewable Energy Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011

Contents

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Schedule(s)

........................................................................................

Schedule 1--Repeal and consequential amendments

Part 1--Repeal of the Australian Centre for Renewable Energy

Act 2010

Australian Centre for Renewable Energy Act 2010

Part 2--Consequential amendments

Clean Energy Regulator Act 2011

Schedule 2--Transitional provisions

Part 1--Preliminary

Part 2--Transfer of assets and liabilities

Division 1--Transfer from the Commonwealth to ARENA

Division 2--Transfer from ASI Limited to ARENA and the

Commonwealth

Division 3--General provisions

Part 3--Office holders and staff

Division 1--ACRE Board

Division 2--Office holders and staff of ASI Limited

Part 4--Instruments, legal proceedings and records

Division 1--The Commonwealth and the ACRE Board

Division 2--ASI Limited

Part 5--Annual reports, returns etc.

Part 6--Appointment of first CEO of ARENA

Part 7--Other transitional matters

Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions)

Bill 2011 No. , 2011 1

A Bill for an Act to deal with consequential and

transitional matters in connection with the

Australian Renewable Energy Agency Act 2011, and

for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Australian Renewable Energy Agency

(Consequential Amendments and Transitional Provisions) Act

2011.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

2 Australian Renewable Energy Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1,

Part 1

At the same time as the Australian

Renewable Energy Agency Act 2011

commences.

3. Schedule 1,

Part 2

The later of:

(a) immediately after the commencement of

section 3 of the Clean Energy Regulator

Act 2011; and

(b) immediately after the commencement of

the Australian Renewable Energy

Agency Act 2011.

However, the provision(s) do not commence

at all unless both of the events mentioned in

paragraphs (a) and (b) occur.

4. Schedule 2

The later of:

(a) the day this Act receives the Royal

Assent; and

(b) the day the Australian Renewable Energy

Agency Act 2011 receives the Royal

Assent.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b)

does not occur.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

Schedule 1 Repeal and consequential amendments

Part 1 Repeal of the Australian Centre for Renewable Energy Act 2010

4 Australian Renewable Energy Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011

Schedule 1--Repeal and consequential

amendments

Part 1--Repeal of the Australian Centre for

Renewable Energy Act 2010

Australian Centre for Renewable Energy Act 2010

1 The whole of the Act

Repeal the Act.

Schedule 2 Transitional provisions

Part 1 Preliminary

6 Australian Renewable Energy Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011

Schedule 2--Transitional provisions

Part 1--Preliminary

1 Definitions

(1)

In this Schedule:

ACRE Act means the Australian Centre for Renewable Energy Act

2010.

ACRE Board means the Australian Centre for Renewable Energy

Board established by the ACRE Act.

agreement includes a contract or deed.

application, in relation to financial assistance, includes an expression of

interest or proposal.

ARENA has the same meaning as in the ARENA Act.

ARENA Act means the Australian Renewable Energy Agency Act 2011.

ARENA Board means the Board of ARENA.

ARENA's money has the same meaning as in the ARENA Act.

ASI Limited means Australian Solar Institute Limited (ACN 138 300

688).

ASI Limited officers: see item 18.

asset means:

(a) any legal or equitable estate or interest in real or personal

property, whether actual, contingent or prospective; and

(b) any right, power, privilege or immunity, whether actual,

contingent or prospective.

assets official, in relation to an asset other than land, means the person

or authority who, under a law of the Commonwealth, a State or a

Territory, under a trust instrument or otherwise, has responsibility for

keeping a register in relation to assets of the kind concerned.

exempt matter: see item 14.

financial assistance means a grant, or any other kind of financial

assistance.

first transition time means the commencement of the ARENA Act.

instrument:

Transitional provisions Schedule 2

Preliminary Part 1

Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions)

Bill 2011 No. , 2011 7

(a)

includes:

(i) an agreement or undertaking; and

(ii) a notice, authority, order or instruction; and

(iii) an instrument made under an Act or regulations; but

(b) does not include:

(i) an Act; or

(ii) instruments made under this Act.

land means any legal or equitable estate or interest in real property,

whether actual, contingent or prospective.

land registration official, in relation to land, means the Registrar of

Titles or other proper officer of the State or Territory in which the land

is situated.

liability means any liability, duty or obligation, whether actual,

contingent or prospective.

second transition time means:

(a) the start of 1 January 2013 (unless paragraph (b) applies); or

(b) if the Minister determines an earlier day under subitem (2)--

the start of that earlier day.

Secretary means the Secretary of the Department.

transferred ASI Limited funding agreements: see item 7.

transferred Commonwealth funding agreements: see item 2.

(2)

The Minister may, by legislative instrument, determine a day for the

purpose of paragraph (b) of the definition of second transition time in

subitem (1).

Schedule 2 Transitional provisions

Part 2 Transfer of assets and liabilities

8 Australian Renewable Energy Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011

Part 2--Transfer of assets and liabilities

Division 1--Transfer from the Commonwealth to ARENA

2 The transferred Commonwealth funding agreements

(1) The

transferred Commonwealth funding agreements are:

(a) any agreements to which the Commonwealth was a party,

before the first transition time, that provide for financial

assistance under or from any of the following:

(i) the Solar Flagships Program;

(ii) the Renewable Energy Demonstration Program;

(iii) the Renewable Energy Venture Capital Fund;

(iv) the Emerging Renewables Program;

(v) the Geothermal Drilling Program;

(vi) the Second Generation Biofuels Research and

Development Program;

(vii) any other programs or initiatives specified by the

Minister under subitem (2); and

(b) any agreements to which the Commonwealth was a party,

before the first transition time, that provide for financial

assistance, for solar energy projects, from the Low Emissions

Technology Demonstration Fund; and

party, before the first transition time, that provide for

financial assistance for solar energy projects known as ACRE

solar projects; and

(d) any other agreements to which the Commonwealth was a

party, before the first transition time, that are specified by the

Minister under subitem (2).

(2)

The Minister may, by legislative instrument:

(a) specify programs or initiatives for the purpose of

subparagraph (1)(a)(vii); or

(b) specify agreements for the purpose of paragraph (1)(d).

3 Assets and liabilities under transferred Commonwealth

funding agreements: transfer to ARENA

Transitional provisions Schedule 2

Transfer of assets and liabilities Part 2

Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions)

Bill 2011 No. , 2011 9

(1)

At the first transition time, the assets and liabilities of the

Commonwealth, under the transferred Commonwealth funding

agreements, cease to be assets and liabilities of the Commonwealth and

become assets and liabilities of ARENA, without any conveyance,

transfer or assignment. ARENA becomes the successor in law in

relation to those assets and liabilities.

Note:

For other provisions about the transferred Commonwealth funding agreements, see

Division 1 of Part 4.

(2)

To avoid doubt, ARENA's money may be applied in discharging

liabilities to which subitem (1) applies.

4 ARENA's functions include administering transferred

Commonwealth funding agreements

From the first transition time, ARENA's functions under the ARENA

Act are taken to include administering the transferred Commonwealth

funding agreements.

5 Dealing with undecided applications

(1)

This item applies if:

(a) an application was made before the first transition time for

financial assistance under or from a program or initiative

referred to in paragraph 2(1)(a); and

(b) by the first transition time, the application has not either:

(i) resulted in a transferred Commonwealth funding

agreement being entered into; or

(ii)

been

refused.

(2)

After the first transition time:

(a) the Commonwealth is not required to take any action in

relation to the application; and

(b) ARENA may, but is not required to, treat the application as if

it were an application for financial assistance under the

ARENA Act.

6 MOU with Geoscience Australia

Application

(1)

This item applies to the Memorandum of Understanding (the MOU) for

the Provision of Spatial Information for Solar Resource Mapping

Schedule 2 Transitional provisions

Part 2 Transfer of assets and liabilities

10 Australian Renewable Energy Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011

Relating to High Solar Prospectivity Regions and Expansion of the

Solar Observation Network, entered into on 18 November 2010

between:

(a) the Commonwealth of Australia as represented by the

Department of Resources, Energy and Tourism; and

(b) the Commonwealth of Australia as represented by

Geoscience Australia.

Effect of MOU

(2)

Subject to this item, the MOU:

(a) is taken to be a transferred Commonwealth funding

agreement; and

(b) has effect, after the first transition time, as if it were a

contract, for the provision of financial assistance in

accordance with the terms of the MOU, entered into between:

(i) ARENA, as the provider of the assistance; and

(ii) the Commonwealth, as represented by Geoscience

Australia, as the receiver of the assistance.

Provisions of this Schedule that don't apply to the transferred

MOU

(3)

The following provisions of this Schedule do not apply in relation to the

MOU as it has effect because of subitem (2) (the transferred MOU):

(a)

item

(b) the provisions of Division 1 of Part 4.

Application of ARENA's money

(4)

To avoid doubt, ARENA's money may be applied in discharging

liabilities under the transferred MOU.

References in transferred MOU

(5)

References in the transferred MOU to the Department of Resources,

Energy and Tourism (or RET) have effect as if they were references to

ARENA.

Transitional provisions Schedule 2

Transfer of assets and liabilities Part 2

Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions)

Bill 2011 No. , 2011 11

Transfer of custody of records or documents

(6)

Any of the following that are in the custody of the Commonwealth

(otherwise than as represented by Geoscience Australia) are, after the

first transition time, to be transferred into the custody of ARENA:

(a)

the

MOU;

(b) documents or records relating to the administration of the

MOU.

(7)

Section 20 of the Commonwealth Authorities and Companies Act 1997

applies in relation to accounting records transferred to ARENA under

subitem (6) as if the records were records of ARENA.

Power to modify MOU

(8)

At any time before 1 August 2012, the Minister may, for the purpose of

ensuring the effective operation of the transferred MOU as a contract

between ARENA and the Commonwealth, determine that the

transferred MOU has effect subject to specified modifications. A

determination must be in writing and has effect in accordance with its

terms.

(9)

A determination under subitem (8) is not a legislative instrument.

Parties may vary or terminate transferred MOU

(10)

This item does not, by implication, prevent ARENA and the

Commonwealth from varying the transferred MOU (including as

modified under subitem (8)) or terminating it.

Division 2--Transfer from ASI Limited to ARENA and the

Commonwealth

7 The transferred ASI Limited funding agreements

The transferred ASI Limited funding agreements are any agreements

to which ASI Limited was a party, before the second transition time,

that provide for financial assistance under a program or initiative

administered by ASI Limited.

8 Assets and liabilities under transferred ASI Limited funding

agreements: transfer to ARENA

Schedule 2 Transitional provisions

Part 2 Transfer of assets and liabilities

12 Australian Renewable Energy Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011

(1)

At the second transition time, the assets and liabilities of ASI Limited,

under the transferred ASI Limited funding agreements, cease to be

assets and liabilities of ASI Limited and become assets and liabilities of

ARENA, without any conveyance, transfer or assignment. ARENA

becomes the successor in law in relation to those assets and liabilities.

Note:

For other provisions about the transferred ASI Limited funding agreements, see

Division 2 of Part 4.

(2)

To avoid doubt, ARENA's money may be applied in discharging

liabilities to which subitem (1) applies.

9 ARENA's functions include administering transferred ASI

Limited funding agreements

From the second transition time, ARENA's functions under the

ARENA Act are taken to include administering the transferred ASI

Limited funding agreements.

10 Other ASI Limited assets and liabilities: transfer to

Commonwealth

At the second transition time, the assets and liabilities of ASI Limited,

other than those to which subitem 8(1) applies, cease to be assets and

liabilities of ASI Limited and become assets and liabilities of the

Commonwealth, without any conveyance, transfer or assignment. The

Commonwealth becomes the successor in law in relation to those assets

and liabilities.

11 Dealing with undecided applications

(1)

This item applies if:

(a) an application was made before the second transition time for

financial assistance under or from a program or initiative

referred to in item 7; and

(b) by the second transition time, the application has not either:

(i) resulted in a transferred ASI Limited funding agreement

being entered into; or

(ii)

been

refused.

(2)

After the second transition time:

(a) neither ASI Limited nor the Commonwealth is required to

take any action in relation to the application; and

Transitional provisions Schedule 2

Transfer of assets and liabilities Part 2

Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions)

Bill 2011 No. , 2011 13

(b) ARENA may, but is not required to, treat the application as if

it were an application for financial assistance under the

ARENA Act.

Division 3--General provisions

12 Certificates relating to vesting of land

(1)

This item applies if:

(a) any land vests in the Commonwealth under this Part; and

(b) there is lodged with a land registration official a certificate

that:

(i) is signed by the Minister; and

(ii) identifies the land, whether by reference to a map or

otherwise; and

(iii) states that the land has become vested in the

Commonwealth under this Part.

(2)

The land registration official may:

(a) register the matter in a way that is the same as, or similar to,

the way in which dealings in land of that kind are registered;

and

(b) deal with, and give effect to, the certificate.

(3)

A certificate made under subitem (1) is not a legislative instrument.

13 Certificates for vesting of assets other than land

(1)

This item applies if:

(a) an asset other than land vests in the Commonwealth or

ARENA under this Part; and

(b) there is lodged with an assets official a certificate that:

(i) is signed by the Minister; and

(ii) identifies the asset; and

(iii) states that the asset has become vested in the

Commonwealth or ARENA under this Part.

(2)

The assets official may:

(a) deal with, and give effect to, the certificate as if it were a

proper and appropriate instrument for transactions in relation

to assets of that kind; and

Schedule 2 Transitional provisions

Part 2 Transfer of assets and liabilities

14 Australian Renewable Energy Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011

(b) make such entries in the register in relation to assets of that

kind as are necessary, having regard to the effect of this Part.

(3)

A certificate made under subitem (1) is not a legislative instrument.

14 Exemption from stamp duty and other State or Territory

taxes

(1)

No stamp duty or other tax is payable under a law of a State or a

Territory in respect of an exempt matter, or anything connected with an

exempt matter.

(2) An

exempt matter is:

(a) the vesting of an asset or liability under this Part; or

(b) the operation of this Schedule (including regulations made

for the purpose of this Schedule) in any other respect.

(3)

The Minister may certify in writing:

(a) that a specified matter is an exempt matter; or

(b) that a specified thing was connected with a specified exempt

matter.

(4)

A certificate made under subitem (3) is not a legislative instrument.

15 Certificates taken to be authentic

A document that appears to be a certificate made or issued under

item 12, 13 or 14:

(a) is taken to be such a certificate; and

(b) is taken to have been properly given;

unless the contrary is established.

Transitional provisions Schedule 2

Office holders and staff Part 3

Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions)

Bill 2011 No. , 2011 15

Part 3--Office holders and staff

Division 1--ACRE Board

16 No transfer of appointment of ACRE Board members

Nothing in this Schedule produces the result that the appointment of a

member of the ACRE Board has effect as if it were an appointment of

the person in relation to ARENA.

Division 2--Office holders and staff of ASI Limited

17 Termination of officer holders of ASI Limited

(1)

Before the second transition time, the Minister may, in writing:

(a) terminate the appointment of any director of ASI Limited;

and

(b) terminate any agreement or other instrument relating to that

appointment; and

paragraph (a) or (b).

(2)

An instrument made under subitem (1) has effect accordingly, and takes

effect immediately before the second transition time.

(3)

An instrument made under subitem (1) is not a legislative instrument.

18 No transfer of appointment, engagement or employment

of ASI Limited office holders or staff

(1)

Nothing in this Schedule produces the result that the appointment,

engagement or employment of an ASI Limited officer has effect as if it

were an appointment, engagement or employment of the person in

relation to ARENA or the Commonwealth.

Note:

Determinations under section 72 of the Public Service Act 1999 may provide for

employees of ASI Limited to become engaged as APS employees in a specified

Agency.

(2)

The following are ASI Limited officers:

(a) directors of ASI Limited;

(b) employees of ASI Limited.

Schedule 2 Transitional provisions

Part 3 Office holders and staff

16 Australian Renewable Energy Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011

(3)

To avoid doubt, if a person ceases to be an employee of ASI Limited

(and becomes an APS employee) because of a determination under

section 72 of the Public Service Act 1999, the person is not entitled to

receive any payment or other benefit merely because he or she ceased to

be an employee of ASI Limited.

19 Accrued entitlements etc. of ASI Limited employees who

become APS employees

Persons to whom this item applies

(1)

This item applies to a person if:

(a) immediately before the second transition time, the person

was an employee of ASI Limited; and

(b) because of a determination under section 72 of the Public

Service Act 1999, the person becomes an APS employee at

the second transition time.

Preservation of accrued entitlements

(2)

The person is taken to have accrued an entitlement to benefits, in

connection with becoming an APS employee, that is equivalent to the

entitlement that the person had as an employee of ASI Limited

immediately before the second transition time.

Continuity of service

(3)

The service of the person as an APS employee is taken, for all purposes,

to be continuous with his or her service as an employee of ASI Limited.

Long service leave

(4)

For the purposes of the Long Service Leave (Commonwealth

Employees) Act 1976, the person's service before the second transition

time as an employee of ASI Limited is to be treated, at and after that

time, as if it had been service by the person as an APS employee.

Maternity leave

(5)

For the purposes of the Maternity Leave (Commonwealth Employees)

Act 1973, the person's service before the second transition time as an

employee of ASI Limited is to be treated, at and after that time, as if it

had been service by the person as an APS employee.

Transitional provisions Schedule 2

Instruments, legal proceedings and records Part 4

Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions)

Bill 2011 No. , 2011 17

Part 4--Instruments, legal proceedings and records

Division 1--The Commonwealth and the ACRE Board

20 References in instruments to the Commonwealth or the

ACRE Board

(1)

This item applies to an instrument that:

(a) is in force immediately before the first transition time; and

(b) contains a reference to the Commonwealth or the ACRE

Board.

(2) If

the

instrument:

(a) is a transferred Commonwealth funding agreement; or

(b) otherwise relates to an asset or liability that, as a result of the

operation of item 3, becomes an asset or liability of ARENA;

then the reference to the Commonwealth or the ACRE Board has effect,

at and after the first transition time, as if it were a reference to ARENA.

(3)

If the instrument contains a reference to the ACRE Board and

subitem (2) does not apply, then the reference to the ACRE Board has

effect, at and after the first transition time, as if it were a reference to

the Commonwealth.

(4)

This item does not, by implication, prevent the instrument from being

varied or terminated after the first transition time.

21 Legal proceedings of the Commonwealth or the ACRE

Board

(1)

This item applies to any proceedings:

(a) that were pending in any court or tribunal immediately before

the first transition time; and

(b) to which the Commonwealth or the ACRE Board was a

party.

(2)

If the proceedings relate to:

(a) a transferred Commonwealth funding agreement; or

(b) an asset or liability that, as a result of the operation of item 3,

becomes an asset or liability of ARENA;

Schedule 2 Transitional provisions

Part 4 Instruments, legal proceedings and records

18 Australian Renewable Energy Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011

then ARENA is, at and after the first transition time, taken to be

substituted for the Commonwealth or the ACRE Board as a party to the

proceedings.

(3)

If the ACRE Board is a party to the proceedings and subitem (2) does

not apply, then the Commonwealth is, at and after the first transition

time, taken to be substituted for the ACRE Board as a party to the

proceedings.

22 Transfer of custody of records or documents of the

Commonwealth or the ACRE Board

(1)

This item applies to a record or document that, immediately before the

first transition time, was in the custody of the Commonwealth or the

ACRE Board.

(2)

If the record or document:

(a) is a transferred Commonwealth funding agreement; or

(b) otherwise relates to an asset or liability that, as a result of the

operation of item 3, becomes an asset or liability of ARENA;

then, after the first transition time, the record or document is to be

transferred into the custody of ARENA.

(3)

If the record or document was in the custody of the ACRE Board and

subitem (2) does not apply, then, after the first transition time, the

record or document is to be transferred into the custody of the

Commonwealth.

(4)

Section 20 of the Commonwealth Authorities and Companies Act 1997

applies in relation to accounting records transferred to ARENA under

this item as if the records were records of ARENA.

Division 2--ASI Limited

23 References in instruments to ASI Limited

(1)

This item applies to an instrument that:

(a) is in force immediately before the second transition time; and

(b) contains a reference to ASI Limited.

(2) If

the

instrument:

(a) is a transferred ASI Limited funding agreement; or

Transitional provisions Schedule 2

Instruments, legal proceedings and records Part 4

Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions)

Bill 2011 No. , 2011 19

(b) otherwise relates to an asset or liability that, as a result of the

operation of item 8, becomes an asset or liability of ARENA;

then the reference to ASI Limited has effect, at and after the second

transition time, as if it were a reference to ARENA.

(3)

If subitem (2) does not apply to the instrument, then the reference to

ASI Limited has effect, at and after the second transition time, as if it

were a reference to the Commonwealth.

(4)

This item does not, by implication, prevent the instrument from being

varied or terminated after the second transition time.

24 Legal proceedings of ASI Limited

(1)

This item applies to any proceedings:

(a) that were pending in any court or tribunal immediately before

the second transition time; and

(b) to which ASI Limited was a party.

(2)

If the proceedings relate to:

(a) a transferred ASI Limited funding agreement; or

(b) an asset or liability that, as a result of the operation of item 8,

becomes an asset or liability of ARENA;

then ARENA is, at and after the second transition time, taken to be

substituted for ASI Limited as a party to the proceedings.

(3)

If subitem (2) does not apply to the proceedings, then the

Commonwealth is, at and after the second transition time, taken to be

substituted for ASI Limited as a party to the proceedings.

25 Transfer of custody of records or documents of ASI

Limited

(1)

This item applies to a record or document that, immediately before the

second transition time, was in the custody of ASI Limited.

(2)

If the record or document:

(a) is a transferred ASI Limited funding agreement; or

(b) otherwise relates to an asset or liability that, as a result of the

operation of item 8, becomes an asset of ARENA;

then, after the second transition time, the record or document is to be

transferred into the custody of ARENA.

Schedule 2 Transitional provisions

Part 4 Instruments, legal proceedings and records

20 Australian Renewable Energy Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011

(3)

If subitem (2) does not apply to the record or document, then, after the

second transition time, the record or document is to be transferred into

the custody of the Commonwealth.

(4)

Section 20 of the Commonwealth Authorities and Companies Act 1997

applies in relation to accounting records transferred to ARENA under

this item as if the records were records of ARENA.

Transitional provisions Schedule 2

Annual reports, returns etc. Part 5

Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions)

Bill 2011 No. , 2011 21

Part 5--Annual reports, returns etc.

26 Final annual report on ACRE Board

(1)

As soon as practicable after the first transition time, the ARENA Board

must prepare, and give to the Minister, a report on the operations of the

ACRE Board during the financial year that ended on 30 June 2012.

(2)

The report must include details of any written directions given to the

ACRE Board by the Minister under subsection 6(1) of the ACRE Act

during the year.

(3)

The report is taken to be a periodic report for the purpose of section 34C

of the Acts Interpretation Act 1901.

(4)

The Secretary must provide reasonable assistance to the ARENA Board

for the purpose of preparing the report. This may, for example, include

allowing the ARENA Board appropriate access to records, documents

or information relating to the activities of the ACRE Board.

27 Reports, returns etc. of ASI Limited

(1)

This item applies to a report, return or other document if, at a time (the

relevant time) that is immediately before the second transition time, or

that is, or is after, the second transition time:

(a) ASI Limited is required, by or under a law of the

Commonwealth, to prepare or lodge the report, return or

document; or

(b) any of the following persons is required, by or under a law of

the Commonwealth, to prepare or lodge the report, return or

document in relation to ASI Limited:

(i) a director or former director of ASI Limited;

(ii) any other officer or member of the staff, or former

officer or member of the staff, of ASI Limited.

(2)

The ARENA Board, is instead required, at the relevant time, to prepare

or lodge the report, return or document.

(3)

The Secretary must provide reasonable assistance to the ARENA Board

for the purpose of preparing the report, return or document. This may,

for example, include allowing the ARENA Board appropriate access to

records, documents or information relating to the activities of ASI

Limited.

Schedule 2 Transitional provisions

Part 5 Annual reports, returns etc.

22 Australian Renewable Energy Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011

28 ARENA's annual report to include particulars of

assistance provided under transferred funding

agreements

In addition to the particulars required by section 70 of the ARENA Act,

an annual report referred to in that section must also include, for each

person to whom financial assistance has been provided under a

transferred Commonwealth funding agreement, or a transferred ASI

Limited funding agreement, during the financial year covered by the

report:

(a) the name of the person; and

(b) the nature and amount of the financial assistance provided;

and

the assistance relates (if the assistance relates to one or more

particular renewable energy technologies).

Transitional provisions Schedule 2

Appointment of first CEO of ARENA Part 6

Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions)

Bill 2011 No. , 2011 23

Part 6--Appointment of first CEO of ARENA

29 Appointment of first CEO of ARENA

(1)

This item applies if, before the first transition time:

(a) the Minister appoints persons to be members of the ARENA

Board pursuant to section 4 of the Acts Interpretation Act

1901; and

(b) a majority of the following persons make a recommendation

to the Minister that a particular person (the recommended

candidate) be appointed as the Chief Executive Officer of

ARENA:

(i) the persons appointed as mentioned in paragraph (a);

(ii)

the

Secretary.

(2)

The Minister may, before the first transition time, appoint the

recommended candidate as the Chief Executive Officer of ARENA, as

if:

(a) section 52 of the ARENA Act had commenced; and

(b) the recommendation were a recommendation by the ARENA

Board.

(3)

The Minister may also, before the first transition time, make a

determination of terms and conditions in relation to the appointment as

if section 60 of the ARENA Act had commenced.

(4)

The appointment, and any such determination of terms and conditions,

take effect at the first transition time.

Schedule 2 Transitional provisions

Part 7 Other transitional matters

24 Australian Renewable Energy Agency (Consequential Amendments and Transitional

Provisions) Bill 2011 No. , 2011

Part 7--Other transitional matters

30 Director's obligations--ASI Limited's books

Subsection 601AD(5) of the Corporations Act 2001 has effect in

relation to ASI Limited's books (within the meaning of that Act), after

the second transition time, as if the reference in that subsection to the

directors of the company immediately before deregistration were:

(a) a reference to ARENA, to the extent that the books are

records or documents that are transferred into ARENA's

custody under item 25; and

(b) a reference to the Commonwealth, to the extent that the

books are records or documents that are transferred into the

Commonwealth's custody under that item.

31 Compensation for acquisition of property

(1)

If the operation of this Schedule would result in an acquisition of

property from a person otherwise than on just terms, the

Commonwealth is liable to pay a reasonable amount of compensation to

the person.

(2)

If the Commonwealth and the person do not agree on the amount of the

compensation, the person may institute proceedings in a court of

competent jurisdiction for the recovery from the Commonwealth of

such reasonable amount of compensation as the court determines.

(3)

In this item:

acquisition of property has the same meaning as in paragraph 51(xxxi)

of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the

Constitution.

32 Delegation by Minister

(1)

Subject to subitem (2), the Minister may, in writing, delegate all or any

of his or her powers and functions under this Schedule to:

(a) the Secretary of the Department; or

(b) an SES employee, or acting SES employee, in the

Department.

Transitional provisions Schedule 2

Other transitional matters Part 7

Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions)

Bill 2011 No. , 2011 25

(2)

The Minister cannot delegate his or her powers and functions under any

of the following provisions of this Schedule:

(a)

subitem

1(2);

(b)

subitem

2(2);

(c)

subitem

17(1);

(d) subitems 29(2) and (3).

(3)

In exercising powers or functions under a delegation, the delegate must

comply with any directions of the Minister.

33 Delegation by ARENA and ARENA Board

(1)

Any functions or powers that ARENA has because of this Schedule

may be delegated, or subdelegated, under the ARENA Act as if they

were powers or functions of ARENA under that Act.

(2)

Any functions or powers that the ARENA Board has because of this

Schedule may be delegated, or subdelegated, under the ARENA Act as

if they were powers or functions of the ARENA Board under that Act.

34 Regulations

(1)

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Schedule to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Schedule.

(2)

The regulations may prescribe matters of a transitional nature (including

prescribing any saving or application provisions) relating to:

(a) the amendments or repeals made by this Act; or

(b) the enactment of this Act or the Australian Renewable

Energy Agency Act 2011.

(3)

The regulations may provide that provisions of this Schedule are taken

to be modified as set out in the regulations. Those provisions then have

effect as if they were so modified.

(4)

Subitems (2) and (3) do not limit subitem (1).

Commonwealth of Australia Bills

AUSTRALIAN RENEWABLE ENERGY AGENCY (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2011