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1995
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
This Bill is cognate with the Electricity Supply Bill 1995.
* Amended in committee--see table at end of volume.
Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be proclaimed.
Clause 3 defines certain words and expressions (in particular, energy
development assistance and sustainable energy technology) for the
purposes of the proposed Act.
Clause 4 sets out the objects of the proposed Act and the means by which
it proposes to achieve those objects.
Part 2
The Sustainable Energy Development Authority
Division 1
Constitution and functions
Clause 5 constitutes the Sustainable Energy Development Authority as a
body corporate representing the Crown.
Clause 6 sets out the principal objective of the Authority, which is to
facilitate the development, commercialisation, promotion and use of
sustainable energy technology, particularly in those areas (other than
fundamental research) where the development, commercialisation, promotion
and use of that technology is impeded by lack of appropriate information or
finance or by other barriers.
Clause 7 sets out the various functions of the Authority and provides that,
in exercising its functions, the Authority should have primary regard to
products, processes, practices and designs that are already commercialised or
on a development and demonstration path that leads to commercialisation.
Clause 8 provides that, in exercising its functions, the Authority is subject
to the control and direction of the Minister.
Clause 9 requires the Authority, in consultation with the Minister, to
prepare triennial corporate plans with respect to its activities.
Clause 10 provides for public consultation during the period while the
Authority is preparing a draft corporate plan.
Clause l 1 regulates the manner in which the Authority may form, or
participate in the formation of, private companies and the manner in which it
may acquire and dispose of interests in private companies.
Explanatory note page 2
Clause 12 enables the Authority to exercise its functions through
subsidiaries, joint ventures, partnerships and other associations.
Clause 13 enables the Authority to enter into financial guarantees, but only
with the approval of the Minister given with the concurrence of the
Treasurer.
Division 2
Staff
Clause 14 provides for the appointment of an Executive Director of the
Authority under Part 2A of the Public Sector Management Act 1988.
Clause 15 provides for the appointment and conditions of employment of
an Acting Executive Director to exercise the functions of the Executive
Director during the illness or absence of the Executive Director.
Clause 16 provides for the affairs of the Authority to be managed by the
Executive Director.
Clause 17 enables the Authority to employ staff, to make use of the staff
and facilities of Government agencies and public and local authorities and to
engage consultants.
Clause 18 enables the Executive Director to delegate the Executive
Director's functions to other members of staff of the Authority.
Division 3
Miscellaneous
Clause 19 provides for the custody and use of the seal of the Authority.
Clause 20 provides for the service of documents on the Authority.
Part 3
The Sustainable Energy Advisory Board
Clause 21 and Schedule 1 provide for the constitution and procedure of a
Sustainable Energy Advisory Board comprising between 3 and 7 members
with appropriate qualifications or experience.
Clause 22 sets out the functions of the Board, which are to advise the
Minister on matters relating to the development, commercialisation,
promotion and use of sustainable energy technology, the provision of energy
development assistance to persons engaged in the development,
commercialisation, promotion and use of sustainable energy technology, the
draft corporate plans prepared by the Authority and such other matters as the
Minister may refer to the Board for advice.
Explanatory note page 3
Part 4
The Sustainable Energy Fund
Clause 23 establishes a Sustainable Energy Fund.
Clause 24 provides for the payment of money into the Fund.
Clause 25 provides for the payment of money out of the Fund.
Clause 26 provides for the investment of money in the Fund.
Clause 27 prescribes the year commencing 1 July as the financial year of
the Authority.
Part 5
Miscellaneous
Clause 28 provides that the proposed Act binds the Crown.
Clause 29 enables the Governor to make regulations for the purposes of the
proposed Act.
Clause 30 is a formal provision that gives effect to Schedule 2, a Schedule
of amendments to other Acts.
Clause 31 requires the proposed Act to be reviewed at the end of 5 years
after its date of assent.
Schedule 1
Constitution and procedure of the Board
This Schedule provides for the term of office (up to 3 years), the
remuneration and other conditions of appointment of the members of the
Board (Part 1) and for the procedure to be observed by the Board in the
conduct of its business (Part 2).
Schedule 2
Amendment of other Acts
This Schedule amends the following Acts as a consequence of the enactment
of the proposed Act:
First State Superannuation Act 1992 No 100
Public Authorities (Financial Arrangements) Act 1987 No 33
Public Finance and Audit Act 1983 No 152
Public Sector Management Act 1988 No 33
State Authorities Non-contributory Superannuation Act 1987 No 212
State Authorities Superannuation Act 1987 No 211
Superannuation Act 1916 No 28.
Explanatory note page 4