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This is a Bill, not an Act. For current law, see the Acts databases.
AUSTRALIAN CLIMATE CHANGE REGULATORY AUTHORITY BILL 2010
2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Climate Change Regulatory
Authority Bill 2010
No. , 2010
(Climate Change and Water)
A Bill for an Act to establish the Australian Climate
Change Regulatory Authority, and for other
purposes
i Australian Climate Change Regulatory Authority Bill 2010 No. , 2010
Contents
Part 1--Preliminary
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
2
3 Simplified
outline
..............................................................................
2
4 Definitions
.........................................................................................
3
5
Vacancy in the office of a member of the Authority ......................... 6
6
Crown to be bound ............................................................................. 6
7
Extension to external Territories ........................................................ 6
8
Extension to exclusive economic zone and continental shelf ............ 7
8A
Extension to Joint Petroleum Development Area .............................. 7
9 Application
to
foreign ships ............................................................... 7
Part 2--Australian Climate Change Regulatory Authority
8
Division 1--Authority's establishment, functions, powers and
liabilities
8
10
Australian Climate Change Regulatory Authority ............................. 8
11
Functions of the Authority ................................................................. 8
12
Powers of the Authority ..................................................................... 8
14
Authority's liabilities are Commonwealth liabilities ......................... 9
15
Authority has privileges and immunities of the Crown ..................... 9
Division 2--Constitution and membership of the Authority
10
16 Constitution
of
the Authority ........................................................... 10
17 Membership
of
the Authority........................................................... 10
18
Appointment of members of the Authority ...................................... 10
19
Period of appointment for members of the Authority ...................... 11
20
Acting members of the Authority .................................................... 11
Division 3--Terms and conditions for members of the Authority
13
21 Remuneration
...................................................................................
13
22
Disclosure of interests to the Minister ............................................. 13
23
Disclosure of interests to the Authority ........................................... 13
24 Outside
employment
........................................................................
14
25
Leave of absence .............................................................................. 14
26 Resignation
......................................................................................
14
27 Termination
of
appointment ............................................................ 15
28 Other
terms
and
conditions .............................................................. 15
Division 4--Decision-making by the Authority
16
29 Holding
of
meetings......................................................................... 16
30
Presiding at meetings ....................................................................... 16
Australian Climate Change Regulatory Authority Bill 2010 No. , 2010 ii
31 Quorum
............................................................................................
16
32 Voting
at
meetings etc. .................................................................... 16
33
Conduct of meetings ........................................................................ 16
34 Minutes
............................................................................................
16
Division 5--Delegation
18
35
Delegation by the Authority ............................................................ 18
Division 6--Staff of the Authority etc.
19
36 Staff
.................................................................................................
19
37 Persons
assisting
the Authority ........................................................ 19
38 Consultants
......................................................................................
19
Division 7--Planning and reporting obligations
20
39 Corporate
plan
.................................................................................
20
40 Annual
report
...................................................................................
20
Division 8--Other matters
22
41
Minister may give directions to the Authority ................................. 22
42
Chair of the Authority not subject to direction by the
Authority on certain matters ............................................................ 22
Part 3--Secrecy
23
43 Secrecy
.............................................................................................
23
44
Disclosure or use for the purposes of this Act or a climate
change law ....................................................................................... 24
45
Disclosure to the Minister ................................................................ 24
46
Disclosure to the Secretary etc. ........................................................ 24
47
Disclosure to a Royal Commission .................................................. 25
48
Disclosure to certain agencies, bodies and persons ......................... 25
49
Disclosure to certain financial bodies .............................................. 27
50 Disclosure
with
consent
...................................................................
29
51 Disclosure
of
publicly
available information ................................... 29
52 Disclosure
of
summaries or statistics ............................................... 30
53 Delegation
........................................................................................
30
Part 4--Miscellaneous
31
54 Regulations
......................................................................................
31
Australian Climate Change Regulatory Authority Bill 2010 No. , 2010 1
A Bill for an Act to establish the Australian Climate
1
Change Regulatory Authority, and for other
2
purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Australian Climate Change
8
Regulatory Authority Act 2010.
9
Part 1 Preliminary
Section 2
2 Australian Climate Change Regulatory Authority Bill 2010 No. , 2010
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Sections 3 to
54
At the same time as section 3 of the Carbon
Pollution Reduction Scheme Act 2010
commences.
Note:
This table relates only to the provisions of this Act as originally
7
passed by both Houses of the Parliament and assented to. It will not be
8
expanded to deal with provisions inserted in this Act after assent.
9
(2) Column 3 of the table contains additional information that is not
10
part of this Act. Information in this column may be added to or
11
edited in any published version of this Act.
12
3 Simplified outline
13
The following is a simplified outline of this Act:
14
·
This Act establishes the Australian Climate Change
15
Regulatory Authority.
16
·
The Authority has such functions as are conferred on it by:
17
(a)
the
Carbon Pollution Reduction Scheme Act 2010;
18
and
19
Preliminary Part 1
Section 4
Australian Climate Change Regulatory Authority Bill 2010 No. , 2010 3
(b)
the
National Greenhouse and Energy Reporting
1
Act 2007; and
2
(c)
the
Renewable Energy (Electricity) Act 2000.
3
4 Definitions
4
In this Act:
5
Authority means the Australian Climate Change Regulatory
6
Authority.
7
Climate Change Convention means the United Nations
8
Framework Convention on Climate Change done at New York on
9
9 May 1992, as amended and in force for Australia from time to
10
time.
11
Note:
The text of the Convention is set out in Australian Treaty Series 1994
12
No. 2 ([1994] ATS 2). In 2010, the text of an international agreement
13
in the Australian Treaty Series was accessible through the Australian
14
Treaties Library on the AustLII website (www.austlii.edu.au).
15
climate change law means any of the following:
16
(a)
this
Act;
17
(b)
the
Carbon Pollution Reduction Scheme Act 2010;
18
(c)
regulations
under
the
Carbon Pollution Reduction Scheme
19
Act 2010;
20
(d) a determination under subsection 103(1) of the Carbon
21
Pollution Reduction Scheme Act 2010;
22
(e)
the
National Greenhouse and Energy Reporting Act 2007;
23
(f)
regulations
under
the
National Greenhouse and Energy
24
Reporting Act 2007;
25
(g)
the
Renewable Energy (Electricity) Act 2000;
26
(h)
regulations
under
the
Renewable Energy (Electricity) Act
27
2000;
28
(i)
the
Renewable Energy (Electricity) (Charge) Act 2000.
29
continental shelf has the same meaning as in the Seas and
30
Submerged Lands Act 1973.
31
Part 1 Preliminary
Section 4
4 Australian Climate Change Regulatory Authority Bill 2010 No. , 2010
engage in conduct means:
1
(a) do an act; or
2
(b) omit to perform an act.
3
exclusive economic zone has the same meaning as in the Seas and
4
Submerged Lands Act 1973.
5
expert advisory committee has the same meaning as in the Carbon
6
Pollution Reduction Scheme Act 2010.
7
foreign country includes a region where:
8
(a) the region is a colony, territory or protectorate of a foreign
9
country; or
10
(b) the region is part of a foreign country; or
11
(c) the region is under the protection of a foreign country; or
12
(d) a foreign country exercises jurisdiction or control over the
13
region; or
14
(e) a foreign country is responsible for the region's international
15
relations.
16
foreign government body means:
17
(a) the government of a foreign country; or
18
(b) an agency or authority of a foreign country; or
19
(c) the government of part of a foreign country; or
20
(d) an agency or authority of part of a foreign country.
21
international climate change body means:
22
(a) a body established under the Climate Change Convention or
23
the Kyoto Protocol; or
24
(b) a body established by a body mentioned in paragraph (a).
25
Joint Petroleum Development Area has the same meaning as in
26
the Petroleum (Timor Sea Treaty) Act 2003.
27
Kyoto Protocol means the Kyoto Protocol to the United Nations
28
Framework Convention on Climate Change done at Kyoto on
29
11 December 1997, as amended and in force for Australia from
30
time to time.
31
Note:
The text of the Kyoto Protocol is set out in Australian Treaty Series
32
2008 No. 2 ([2008] ATS 2). In 2010, the text of an international
33
Preliminary Part 1
Section 4
Australian Climate Change Regulatory Authority Bill 2010 No. , 2010 5
agreement in the Australian Treaty Series was accessible through the
1
Australian Treaties Library on the AustLII website
2
(www.austlii.edu.au).
3
member of the Authority includes the Chair of the Authority.
4
objectives of the Authority includes:
5
(a) the specific objectives of the Authority in relation to the
6
Carbon Pollution Reduction Scheme Act 2010 or regulations
7
under that Act; and
8
(b) the specific objectives of the Authority in relation to the
9
National Greenhouse and Energy Reporting Act 2007 or
10
regulations under that Act; and
11
(c) the specific objectives of the Authority in relation to the
12
Renewable Energy (Electricity) Act 2000 or regulations under
13
that Act.
14
official of the Authority means:
15
(a) a member of the Authority; or
16
(b) a member of the staff of the Authority; or
17
(c) a person whose services are made available to the Authority
18
under section 37; or
19
(d) a person engaged as a consultant under section 38.
20
protected information means information that:
21
(a) was obtained after the commencement of this section by a
22
person in the person's capacity as an official of the
23
Authority; and
24
(b) relates to the affairs of a person other than the official of the
25
Authority.
26
Royal Commission has the same meaning as in the Royal
27
Commissions Act 1902.
28
Secretary means the Secretary of the Department.
29
staff of the Authority means the staff described in section 36.
30
State/Territory government body means:
31
(a) the government of a State or Territory; or
32
(b) an agency or authority of a State or Territory.
33
Part 1 Preliminary
Section 5
6 Australian Climate Change Regulatory Authority Bill 2010 No. , 2010
territorial sea has the same meaning as in the Seas and Submerged
1
Lands Act 1973.
2
United Nations Convention on the Law of the Sea means the
3
United Nations Convention on the Law of the Sea done at Montego
4
Bay on 10 December 1982.
5
Note:
The text of the Convention is set out in Australian Treaty Series 1994
6
No. 31 ([1994] ATS 31). In 2010, the text of an international
7
agreement in the Australian Treaty Series was accessible through the
8
Australian Treaties Library on the AustLII website
9
(www.austlii.edu.au).
10
vacancy, in relation to the office of a member of the Authority, has
11
a meaning affected by section 5.
12
5 Vacancy in the office of a member of the Authority
13
For the purposes of a reference in:
14
(a) this Act to a vacancy in the office of a member of the
15
Authority; or
16
(b)
the
Acts Interpretation Act 1901 to a vacancy in the
17
membership of a body;
18
there are taken to be 4 offices of members of the Authority in
19
addition to the Chair of the Authority.
20
6 Crown to be bound
21
(1) This Act binds the Crown in each of its capacities.
22
(2) This Act does not make the Crown liable to a pecuniary penalty or
23
to be prosecuted for an offence.
24
(3) The protection in subsection (2) does not apply to an authority of
25
the Crown.
26
7 Extension to external Territories
27
This Act extends to every external Territory.
28
Preliminary Part 1
Section 8
Australian Climate Change Regulatory Authority Bill 2010 No. , 2010 7
8 Extension to exclusive economic zone and continental shelf
1
This Act extends to a matter relating to the exercise of Australia's
2
sovereign rights in the exclusive economic zone or the continental
3
shelf.
4
8A Extension to Joint Petroleum Development Area
5
This Act extends to the Joint Petroleum Development Area.
6
9 Application to foreign ships
7
This Act does not apply to the extent that its application would be
8
inconsistent with the exercise of rights of foreign ships in:
9
(a) the territorial sea; or
10
(b) the exclusive economic zone; or
11
(c) waters of the continental shelf;
12
in accordance with the United Nations Convention on the Law of
13
the Sea.
14
15
Part 2 Australian Climate Change Regulatory Authority
Division 1 Authority's establishment, functions, powers and liabilities
Section 10
8 Australian Climate Change Regulatory Authority Bill 2010 No. , 2010
Part 2--Australian Climate Change Regulatory
1
Authority
2
Division 1--Authority's establishment, functions, powers
3
and liabilities
4
10 Australian Climate Change Regulatory Authority
5
The Australian Climate Change Regulatory Authority is
6
established by this section.
7
Note: In
this
Act,
Authority means the Australian Climate Change
8
Regulatory Authority--see section 4.
9
11 Functions of the Authority
10
The Authority has the following functions:
11
(a) such functions as are conferred on the Authority by this Act
12
or a climate change law;
13
(b) such functions as are conferred on the Authority by any other
14
law of the Commonwealth;
15
(c) to do anything incidental to or conducive to the performance
16
of any of the above functions.
17
12 Powers of the Authority
18
(1) The Authority has power to do all things necessary or convenient
19
to be done for or in connection with the performance of its
20
functions.
21
(2) The powers of the Authority include, but are not limited to, the
22
power to enter into contracts.
23
(3) Any contract entered into by the Authority is to be entered into on
24
behalf of the Commonwealth.
25
(4) Any real or personal property held by the Authority is held for and
26
on behalf of the Commonwealth.
27
Australian Climate Change Regulatory Authority Part 2
Authority's establishment, functions, powers and liabilities Division 1
Section 14
Australian Climate Change Regulatory Authority Bill 2010 No. , 2010 9
(5) Any money received by the Authority is received for and on behalf
1
of the Commonwealth.
2
(6) The Authority cannot hold real or personal property, or money, on
3
trust for a person other than the Commonwealth.
4
Note:
The Commonwealth may hold real or personal property or money on
5
trust.
6
(7) To avoid doubt, a right to sue is taken not to be personal property
7
for the purposes of subsection (4).
8
14 Authority's liabilities are Commonwealth liabilities
9
(1) Any financial liabilities of the Authority are taken to be liabilities
10
of the Commonwealth.
11
(2) In this section:
12
financial liability means a liability to pay a person an amount,
13
where the amount, or the method for working out the amount, has
14
been determined.
15
15 Authority has privileges and immunities of the Crown
16
The Authority has the privileges and immunities of the Crown in
17
right of the Commonwealth.
18
19
Part 2 Australian Climate Change Regulatory Authority
Division 2 Constitution and membership of the Authority
Section 16
10 Australian Climate Change Regulatory Authority Bill 2010 No. , 2010
Division 2--Constitution and membership of the Authority
1
16 Constitution of the Authority
2
(1)
The
Authority:
3
(a) is a body corporate with perpetual succession; and
4
(b) must have a seal; and
5
(c) may acquire, hold and dispose of real and personal property;
6
and
7
(d) may sue and be sued in its corporate name.
8
(2) The seal of the Authority is to be kept in such custody as the
9
Authority directs and must not be used except as authorised by the
10
Authority.
11
(3) All courts, judges and persons acting judicially must:
12
(a) take judicial notice of the imprint of the seal of the Authority
13
appearing on a document; and
14
(b) presume that the document was duly sealed.
15
17 Membership of the Authority
16
The Authority consists of the following members:
17
(a)
a
Chair;
18
(b) at least 2, and not more than 4, other members.
19
18 Appointment of members of the Authority
20
(1) Each member of the Authority is to be appointed by the Minister
21
by written instrument.
22
Note:
The member of the Authority is eligible for reappointment: see
23
subsection 33(4A) of the Acts Interpretation Act 1901.
24
(2) A person is not eligible for appointment as a member of the
25
Authority unless the Minister is satisfied that the person has:
26
(a) substantial experience or knowledge; and
27
(b)
significant
standing;
28
in at least one of the following fields:
29
(c)
economics;
30
Australian Climate Change Regulatory Authority Part 2
Constitution and membership of the Authority Division 2
Section 19
Australian Climate Change Regulatory Authority Bill 2010 No. , 2010 11
(d)
industry;
1
(e) energy production and supply;
2
(f) energy measurement and reporting;
3
(g) greenhouse gas emissions measurement and reporting;
4
(h) greenhouse gas abatement measures;
5
(i)
financial
markets;
6
(j) trading of environmental instruments;
7
(k)
public
administration.
8
(3) The Chair of the Authority holds office on a full-time basis.
9
(4) A member of the Authority (other than the Chair) may hold office
10
on either a full-time or a part-time basis.
11
19 Period of appointment for members of the Authority
12
A member of the Authority holds office for the period specified in
13
the instrument of appointment. The period must not exceed 5 years.
14
Note:
For re-appointment, see subsection 33(4A) of the Acts Interpretation
15
Act 1901.
16
20 Acting members of the Authority
17
Acting Chair of the Authority
18
(1) The Minister may appoint a person to act as the Chair of the
19
Authority:
20
(a) during a vacancy in the office of the Chair of the Authority
21
(whether or not an appointment has previously been made to
22
the office); or
23
(b) during any period, or during all periods, when the Chair of
24
the Authority:
25
(i) is absent from duty or Australia; or
26
(ii) is, for any reason, unable to perform the duties of the
27
office.
28
Part 2 Australian Climate Change Regulatory Authority
Division 2 Constitution and membership of the Authority
Section 20
12 Australian Climate Change Regulatory Authority Bill 2010 No. , 2010
Acting member of the Authority (other than the Chair of the
1
Authority)
2
(2) The Minister may appoint a person to act as a member of the
3
Authority (other than the Chair of the Authority):
4
(a) during a vacancy in the office of a member of the Authority
5
(other than the Chair of the Authority), whether or not an
6
appointment has previously been made to the office; or
7
(b) during any period, or during all periods, when a member of
8
the Authority (other than the Chair of the Authority):
9
(i) is absent from duty or Australia; or
10
(ii) is, for any reason, unable to perform the duties of the
11
office.
12
Eligibility
13
(3) A person is not eligible for appointment to act as:
14
(a) the Chair of the Authority; or
15
(b) a member of the Authority (other than the Chair of the
16
Authority);
17
unless the person is eligible for appointment as a member of the
18
Authority.
19
Note:
See subsection 18(2).
20
Validation
21
(4) Anything done by or in relation to a person purporting to act under
22
an appointment is not invalid merely because:
23
(a) the occasion for the appointment had not arisen; or
24
(b) there was a defect or irregularity in connection with the
25
appointment; or
26
(c) the appointment had ceased to have effect; or
27
(d) the occasion to act had not arisen or had ceased.
28
Note:
See sections 20 and 33A of the Acts Interpretation Act 1901.
29
30
Australian Climate Change Regulatory Authority Part 2
Terms and conditions for members of the Authority Division 3
Section 21
Australian Climate Change Regulatory Authority Bill 2010 No. , 2010 13
Division 3--Terms and conditions for members of the
1
Authority
2
21 Remuneration
3
(1) A member of the Authority is to be paid the remuneration that is
4
determined by the Remuneration Tribunal. If no determination of
5
that remuneration by the Tribunal is in operation, a member of the
6
Authority is to be paid the remuneration that is prescribed by the
7
regulations.
8
(2) A member of the Authority is to be paid the allowances that are
9
prescribed by the regulations.
10
(3) This section has effect subject to the Remuneration Tribunal Act
11
1973.
12
22 Disclosure of interests to the Minister
13
A member of the Authority must give written notice to the Minister
14
of all interests, pecuniary or otherwise, that the member has or
15
acquires and that conflict or could conflict with the proper
16
performance of the member's functions.
17
23 Disclosure of interests to the Authority
18
(1) A member of the Authority who has an interest, pecuniary or
19
otherwise, in a matter being considered or about to be considered
20
by the Authority must disclose the nature of the interest to a
21
meeting of the Authority.
22
(2) The disclosure must be made as soon as possible after the relevant
23
facts have come to the knowledge of the member of the Authority.
24
(3) The disclosure must be recorded in the minutes of the meeting of
25
the Authority.
26
(4) Unless the Authority otherwise determines, the member of the
27
Authority:
28
(a) must not be present during any deliberation by the Authority
29
on the matter; and
30
Part 2 Australian Climate Change Regulatory Authority
Division 3 Terms and conditions for members of the Authority
Section 24
14 Australian Climate Change Regulatory Authority Bill 2010 No. , 2010
(b) must not take part in any decision of the Authority with
1
respect to the matter.
2
(5) For the purposes of making a determination under subsection (4),
3
the member of the Authority:
4
(a) must not be present during any deliberation of the Authority
5
for the purpose of making the determination; and
6
(b) must not take part in making the determination.
7
(6) A determination under subsection (4) must be recorded in the
8
minutes of the meeting of the Authority.
9
24 Outside employment
10
(1) A full-time member of the Authority must not engage in paid
11
employment outside the duties of his or her office without the
12
Minister's approval.
13
(2) A part-time member of the Authority must not engage in any paid
14
employment that conflicts or may conflict with the proper
15
performance of his or her duties.
16
25 Leave of absence
17
(1) A full-time member of the Authority has the recreation leave
18
entitlements that are determined by the Remuneration Tribunal.
19
(2) The Minister may grant leave of absence, other than recreation
20
leave, to a full-time member of the Authority on the terms and
21
conditions as to remuneration or otherwise that the Minister
22
determines.
23
(3) The Chair of the Authority may grant leave of absence to a
24
part-time member of the Authority on the terms and conditions that
25
the Chair determines.
26
26 Resignation
27
(1) A member of the Authority may resign his or her appointment by
28
giving the Minister a written resignation.
29
Australian Climate Change Regulatory Authority Part 2
Terms and conditions for members of the Authority Division 3
Section 27
Australian Climate Change Regulatory Authority Bill 2010 No. , 2010 15
(2) The resignation takes effect on the day it is received by the
1
Minister or, if a later day is specified in the resignation, on that
2
later day.
3
27 Termination of appointment
4
(1) The Minister may terminate the appointment of a member of the
5
Authority for misbehaviour or physical or mental incapacity.
6
(2) The Minister may terminate the appointment of a member of the
7
Authority if:
8
(a)
the
member:
9
(i) becomes bankrupt; or
10
(ii) applies to take the benefit of any law for the relief of
11
bankrupt or insolvent debtors; or
12
(iii) compounds with his or her creditors; or
13
(iv) makes an assignment of his or her remuneration for the
14
benefit of his or her creditors; or
15
(b) if the member is a full-time member--the member engages,
16
except with the Minister's approval, in paid employment
17
outside the duties of his or her office (see section 24); or
18
(c) if the member is a part-time member--the member engages
19
in paid employment that conflicts or may conflict with the
20
proper performance of his or her duties (see section 24); or
21
(d) the member fails, without reasonable excuse, to comply with
22
section 22 or 23; or
23
(e) the member is absent, except on leave of absence, from 3
24
consecutive meetings of the Authority.
25
28 Other terms and conditions
26
A member of the Authority holds office on the terms and
27
conditions (if any) in relation to matters not covered by this Act
28
that are determined by the Minister.
29
30
Part 2 Australian Climate Change Regulatory Authority
Division 4 Decision-making by the Authority
Section 29
16 Australian Climate Change Regulatory Authority Bill 2010 No. , 2010
Division 4--Decision-making by the Authority
1
29 Holding of meetings
2
(1) The Authority is to hold such meetings as are necessary for the
3
performance of its functions.
4
(2) The Chair of the Authority may convene a meeting at any time.
5
30 Presiding at meetings
6
(1) The Chair of the Authority presides at all meetings at which he or
7
she is present.
8
(2) If the Chair of the Authority is not present at a meeting, the
9
members of the Authority present must appoint one of themselves
10
to preside.
11
31 Quorum
12
At a meeting of the Authority, 2 members of the Authority
13
constitute a quorum.
14
32 Voting at meetings etc.
15
(1) At a meeting of the Authority, a question is decided by a majority
16
of the votes of members of the Authority present and voting.
17
(2) The person presiding at a meeting has a deliberative vote and, in
18
the event of an equality of votes, also has a casting vote.
19
33 Conduct of meetings
20
The Authority may, subject to this Division, regulate proceedings
21
at its meetings as it considers appropriate.
22
Note:
Section 33B of the Acts Interpretation Act 1901 provides for
23
participation in meetings by telephone etc.
24
34 Minutes
25
The Authority must keep minutes of its meetings.
26
Australian Climate Change Regulatory Authority Part 2
Decision-making by the Authority Division 4
Section 34
Australian Climate Change Regulatory Authority Bill 2010 No. , 2010 17
1
Part 2 Australian Climate Change Regulatory Authority
Division 5 Delegation
Section 35
18 Australian Climate Change Regulatory Authority Bill 2010 No. , 2010
Division 5--Delegation
1
35 Delegation by the Authority
2
(1) The Authority may, by writing, delegate any or all of its functions
3
and powers to:
4
(a) a member of the Authority; or
5
(b) a person who is:
6
(i) a member of the staff of the Authority; and
7
(ii) an SES employee or acting SES employee.
8
Note: The
expressions
SES employee and acting SES employee are defined
9
in section 17AA of the Acts Interpretation Act 1901.
10
(2) A delegate must comply with any written directions of the
11
Authority.
12
(3) Subsection (1) does not apply to:
13
(a) a power to make, vary or revoke a legislative instrument; or
14
(b) a power conferred by section 186 of the Carbon Pollution
15
Reduction Scheme Act 2010.
16
Note:
Section 186 of the Carbon Pollution Reduction Scheme Act 2010 deals
17
with windfall gain declarations.
18
19
Australian Climate Change Regulatory Authority Part 2
Staff of the Authority etc. Division 6
Section 36
Australian Climate Change Regulatory Authority Bill 2010 No. , 2010 19
Division 6--Staff of the Authority etc.
1
36 Staff
2
(1) The staff of the Authority are to be persons engaged under the
3
Public Service Act 1999.
4
(2) For the purposes of the Public Service Act 1999:
5
(a) the Chair of the Authority and the staff of the Authority
6
together constitute a Statutory Agency; and
7
(b) the Chair of the Authority is the Head of that Statutory
8
Agency.
9
37 Persons assisting the Authority
10
The Authority may also be assisted:
11
(a) by officers and employees of Agencies (within the meaning
12
of the Public Service Act 1999); or
13
(b) by officers and employees of authorities of the
14
Commonwealth; or
15
(c) by officers and employees of a State or Territory; or
16
(d) by officers and employees of authorities of a State or
17
Territory;
18
whose services are made available to the Authority in connection
19
with the performance of any of its functions.
20
38 Consultants
21
(1) The Authority may engage persons having suitable qualifications
22
and experience as consultants to the Authority.
23
(2) The consultants are to be engaged on the terms and conditions that
24
the Authority determines in writing.
25
26
Part 2 Australian Climate Change Regulatory Authority
Division 7 Planning and reporting obligations
Section 39
20 Australian Climate Change Regulatory Authority Bill 2010 No. , 2010
Division 7--Planning and reporting obligations
1
39 Corporate plan
2
(1) The Authority must prepare a corporate plan at least once each
3
3-year period and give it to the Minister.
4
(2) The plan must cover a 3-year period.
5
(3) The plan must include details of the following matters:
6
(a) the objectives of the Authority;
7
(b) the strategies and policies that are to be followed by the
8
Authority in order to achieve those objectives;
9
(c) such other matters (if any) as the Minister requires.
10
(4) The Chair of the Authority must keep the Minister informed about:
11
(a) changes to the plan; and
12
(b) matters that might significantly affect the achievement of the
13
objectives set out in the plan.
14
(5) The Minister may give the Chair of the Authority written
15
guidelines that are to be used by the Chair in deciding whether a
16
matter is covered by paragraph (3)(c) or (4)(b).
17
(6) A guideline given under subsection (5) is not a legislative
18
instrument.
19
(7) The Authority must ensure that the first corporate plan is prepared
20
within 12 months after the commencement of this section.
21
40 Annual report
22
(1) The Authority must, as soon as practicable after the end of each
23
financial year, prepare and give to the Minister, for presentation to
24
the Parliament, a report on its operations during that year.
25
Note:
See also section 34C of the Acts Interpretation Act 1901, which
26
contains extra rules about annual reports.
27
(2) A report under subsection (1) for a financial year must set out:
28
(a) a description of the objectives of the Authority; and
29
Australian Climate Change Regulatory Authority Part 2
Planning and reporting obligations Division 7
Section 40
Australian Climate Change Regulatory Authority Bill 2010 No. , 2010 21
(b) an assessment of the extent to which the Authority's
1
operations during that year have achieved those objectives.
2
(3) An assessment under paragraph (2)(b) must be made against
3
performance indicators set out in the report.
4
(4) A report under subsection (1) is in addition to a report under
5
section 105 of the Renewable Energy (Electricity) Act 2000.
6
(5) If a report under section 105 of the Renewable Energy (Electricity)
7
Act 2000 relating to a calendar year (the REE report) has been
8
presented to the Parliament, the report under subsection (1) of this
9
section for the financial year ending on 30 June after the end of the
10
calendar year:
11
(a) need not deal comprehensively with the working of that Act
12
during so much of the financial year as overlaps the calendar
13
year; and
14
(b) must include a summary of the REE report, to the extent to
15
which the REE report deals with the working of the
16
Renewable Energy (Electricity) Act 2000 during so much of
17
the financial year as overlaps the calendar year.
18
(6) If this section does not commence at the start of a financial year,
19
the period:
20
(a) beginning at the commencement of this section; and
21
(b) ending at the end of 30 June after that commencement;
22
is taken, for the purposes of this section, to be a financial year.
23
24
Part 2 Australian Climate Change Regulatory Authority
Division 8 Other matters
Section 41
22 Australian Climate Change Regulatory Authority Bill 2010 No. , 2010
Division 8--Other matters
1
41 Minister may give directions to the Authority
2
(1) The Minister may, by legislative instrument, give directions to the
3
Authority in relation to the performance of its functions and the
4
exercise of its powers.
5
Note:
For variation and revocation, see subsection 33(3) of the Acts
6
Interpretation Act 1901.
7
(2) A direction under subsection (1) must be of a general nature only.
8
(3) The Authority must comply with a direction under subsection (1).
9
42 Chair of the Authority not subject to direction by the Authority
10
on certain matters
11
To avoid doubt, the Chair of the Authority is not subject to
12
direction by the Authority in relation to the Chair's performance of
13
functions, or exercise of powers, under:
14
(a)
the
Financial Management and Accountability Act 1997; or
15
(b)
the
Public Service Act 1999;
16
in relation to the Authority.
17
18
Secrecy Part 3
Section 43
Australian Climate Change Regulatory Authority Bill 2010 No. , 2010 23
Part 3--Secrecy
1
2
43 Secrecy
3
(1) A person commits an offence if:
4
(a) the person is, or has been, an official of the Authority; and
5
(b) the person has obtained protected information in the person's
6
capacity as an official of the Authority; and
7
(c)
the
person:
8
(i) discloses the information to another person; or
9
(ii) uses the information.
10
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
11
Exceptions
12
(2) Each of the following is an exception to the prohibition in
13
subsection (1):
14
(a) the disclosure or use is authorised by section 44, 45, 46, 47,
15
48, 49, 50, 51 or 52;
16
(b) the disclosure or use is in compliance with a requirement
17
under:
18
(i) a law of the Commonwealth; or
19
(ii) a prescribed law of a State or a Territory.
20
Note:
A defendant bears an evidential burden in relation to a matter in
21
subsection (2) (see subsection 13.3(3) of the Criminal Code).
22
(3) Except where it is necessary to do so for the purposes of giving
23
effect to this Act or a climate change law, an official of the
24
Authority is not to be required:
25
(a) to produce to a court or tribunal a document containing
26
protected information; or
27
(b) to disclose protected information to a court or tribunal.
28
Part 3 Secrecy
Section 44
24 Australian Climate Change Regulatory Authority Bill 2010 No. , 2010
44 Disclosure or use for the purposes of this Act or a climate change
1
law
2
An official of the Authority may disclose or use protected
3
information if:
4
(a) the disclosure or use is for the purposes of this Act or a
5
climate change law; or
6
(b) the disclosure or use is for the purposes of the performance of
7
the functions of the Authority under this Act or a climate
8
change law; or
9
(c) the disclosure or use is otherwise in connection with the
10
performance of the official's duties under this Act or a
11
climate change law; or
12
(d) the disclosure or use is in connection with giving another
13
official of the Authority access to information for the
14
purposes of, or in connection with:
15
(i) the performance of the functions of the Authority under
16
this Act or a climate change law; or
17
(ii) the performance of the duties of the other official of the
18
Authority under this Act or a climate change law.
19
45 Disclosure to the Minister
20
An official of the Authority may disclose protected information to
21
the Minister.
22
46 Disclosure to the Secretary etc.
23
An official of the Authority may disclose protected information to:
24
(a) the Secretary; or
25
(b) an officer of the Department who is authorised by the
26
Secretary, in writing, for the purposes of this subsection;
27
if the disclosure is for the purposes of:
28
(c) advising the Minister; or
29
(d) facilitating the monitoring of Australia's compliance with its
30
international obligations under:
31
(i) the Climate Change Convention; or
32
(ii) the Kyoto Protocol.
33
Secrecy Part 3
Section 47
Australian Climate Change Regulatory Authority Bill 2010 No. , 2010 25
47 Disclosure to a Royal Commission
1
(1) An official of the Authority may disclose protected information to
2
a Royal Commission.
3
(2) The Chair of the Authority may, by writing, impose conditions to
4
be complied with in relation to protected information disclosed
5
under subsection (1).
6
(3) An instrument under subsection (2) is not a legislative instrument.
7
48 Disclosure to certain agencies, bodies and persons
8
Scope
9
(1) This section applies if the Chair of the Authority is satisfied that
10
particular protected information will enable or assist any of the
11
following agencies, bodies or persons:
12
(a) the Australian Bureau of Statistics;
13
(b) the Australian Communications and Media Authority;
14
(c) the Australian Competition and Consumer Commission;
15
(d) the Australian Prudential Regulation Authority;
16
(e) the Australian Securities and Investments Commission;
17
(f) the National Competition Council;
18
(g) the Productivity Commission;
19
(h) an agency within the meaning of the Freedom of Information
20
Act 1982;
21
(i) the Australian Energy Regulator;
22
(j) the Australian Statistician;
23
(k) the Commissioner of Taxation;
24
(l) the Australian Competition Tribunal;
25
(m) the Director of Public Prosecutions;
26
(n) the Australian Transaction Reports and Analysis Centre;
27
(o) the Reserve Bank of Australia;
28
(p) Australian Energy Market Operator Limited (ACN 072 010
29
327);
30
Part 3 Secrecy
Section 48
26 Australian Climate Change Regulatory Authority Bill 2010 No. , 2010
(q) the Australian Energy Market Commission established under
1
the Australian Energy Market Commission Establishment Act
2
2004 of South Australia;
3
(r) the Independent Market Operator established under the
4
Electricity Industry (Independent Market Operator)
5
Regulations 2004 of Western Australia;
6
(s) an expert advisory committee;
7
(t) a State/Territory government body whose functions include a
8
function that corresponds to a function of the Authority;
9
(u) a foreign government body whose functions include a
10
function that corresponds to a function of the Authority;
11
(v) an international climate change body;
12
(w) a prescribed professional disciplinary body;
13
to perform or exercise any of the functions or powers of the
14
agency, body or person.
15
Disclosure
16
(2) If an official of the Authority is authorised by the Chair of the
17
Authority, in writing, for the purposes of this section, the official
18
may disclose that protected information to the agency, body or
19
person concerned.
20
(3) The Chair of the Authority may, by writing, impose conditions to
21
be complied with in relation to protected information disclosed
22
under subsection (2).
23
(3A) A person (other than a foreign government body) commits an
24
offence if:
25
(a) the person is subject to a condition under subsection (3); and
26
(b) the person engages in conduct; and
27
(c) the person's conduct breaches the condition.
28
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
29
(4) An instrument under subsection (3) is not a legislative instrument.
30
Prescribed professional disciplinary bodies
31
(5) A person commits an offence if:
32
Secrecy Part 3
Section 49
Australian Climate Change Regulatory Authority Bill 2010 No. , 2010 27
(a) the person is:
1
(i) a prescribed professional disciplinary body; or
2
(ii) a member of a prescribed professional disciplinary
3
body; and
4
(b) protected information has been disclosed under
5
subsection (2) to the body; and
6
(c)
the
person:
7
(i) discloses the information to another person; or
8
(ii) uses the information.
9
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
10
Exceptions
11
(6) Each of the following is an exception to the prohibition in
12
subsection (5):
13
(a) the disclosure or use is for the purpose of deciding whether or
14
not to take disciplinary or other action;
15
(b) the disclosure or use is for the purpose of taking that action.
16
Note:
A defendant bears an evidential burden in relation to a matter in
17
subsection (6) (see subsection 13.3(3) of the Criminal Code).
18
49 Disclosure to certain financial bodies
19
Scope
20
(1) This section applies if the Chair of the Authority is satisfied that
21
particular protected information will enable or assist a body
22
corporate that:
23
(a)
either:
24
(i) conducts, or is involved in the supervision of, a
25
financial market; or
26
(ii) is a body corporate that holds an Australian CS facility
27
licence; and
28
(b) is specified in the regulations;
29
to monitor compliance with, enforce, or perform functions or
30
exercise powers under:
31
(c)
the
Corporations Act 2001; or
32
Part 3 Secrecy
Section 49
28 Australian Climate Change Regulatory Authority Bill 2010 No. , 2010
(d) the business law of a State or Territory; or
1
(e) the business law of a foreign country; or
2
(f) the operating rules (if any) of the body corporate.
3
Disclosure
4
(2) If an official of the Authority is authorised by the Chair of the
5
Authority, in writing, for the purposes of this section, the official
6
may disclose that protected information to the body corporate.
7
Conditions
8
(3) The Chair of the Authority may, by writing, impose conditions to
9
be complied with by the body corporate and its officers, employees
10
and agents in relation to protected information disclosed to the
11
body corporate under subsection (2).
12
(4) A person commits an offence if:
13
(a) the person is subject to a condition under subsection (3); and
14
(b) the person engages in conduct; and
15
(c) the person's conduct breaches the condition.
16
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
17
(5) An instrument under subsection (3) is not a legislative instrument.
18
Secondary disclosure and use
19
(6) A person commits an offence if:
20
(a) the person is:
21
(i) a body corporate; or
22
(ii) an officer, employee or agent of a body corporate; and
23
(b) protected information has been disclosed under
24
subsection (2) to the body corporate; and
25
(c)
the
person:
26
(i) discloses the information to another person; or
27
(ii) uses the information.
28
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
29
Secrecy Part 3
Section 50
Australian Climate Change Regulatory Authority Bill 2010 No. , 2010 29
Exceptions
1
(7) Each of the following is an exception to the prohibition in
2
subsection (6):
3
(a) the disclosure or use is with the consent of the Chair of the
4
Authority;
5
(b) the disclosure or use is for the purpose of monitoring
6
compliance with, enforcing, or performing functions or
7
exercising powers under:
8
(i)
the
Corporations Act 2001; or
9
(ii) the business law of a State or Territory; or
10
(iii) the business law of a foreign country; or
11
(iv) the operating rules (if any) of the body corporate.
12
Note:
A defendant bears an evidential burden in relation to a matter in
13
subsection (7) (see subsection 13.3(3) of the Criminal Code).
14
Meaning of expressions
15
(8) In this section, the following expressions have the same meanings
16
as in the Corporations Act 2001:
17
(a)
Australian CS facility licence;
18
(b)
financial market;
19
(c)
officer;
20
(d)
operating rules.
21
50 Disclosure with consent
22
An official of the Authority may disclose protected information
23
that relates to the affairs of a person if:
24
(a) the person has consented to the disclosure; and
25
(b) the disclosure is in accordance with that consent.
26
51 Disclosure of publicly available information
27
An official of the Authority may disclose protected information if
28
it is already publicly available.
29
Part 3 Secrecy
Section 52
30 Australian Climate Change Regulatory Authority Bill 2010 No. , 2010
52 Disclosure of summaries or statistics
1
An official of the Authority may disclose:
2
(a) summaries of protected information; or
3
(b) statistics derived from protected information;
4
if those summaries or statistics, as the case may be, are not likely
5
to enable the identification of a person.
6
53 Delegation
7
(1) The Chair of the Authority may, by writing, delegate any or all of
8
his or her functions and powers under this Part to a member of the
9
Authority.
10
(2) A delegate must comply with any written directions of the Chair of
11
the Authority.
12
13
Miscellaneous Part 4
Section 54
Australian Climate Change Regulatory Authority Bill 2010 No. , 2010 31
Part 4--Miscellaneous
1
2
54 Regulations
3
The Governor-General may make regulations prescribing matters:
4
(a) required or permitted by this Act to be prescribed; or
5
(b) necessary or convenient to be prescribed for carrying out or
6
giving effect to this Act.
7