AUSTRALIAN CENTRE FOR RENEWABLE ENERGY BILL 2009

i Australian Centre for Renewable Energy Bill 2009 No. , 2009

Contents

Part 1--Preliminary

1 Short

title

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

2 Commencement

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

3 Definitions

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

Part 2--The Australian Centre for Renewable Energy Board

Division 1--Establishment and functions of the Board

4 Establishment

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

5 Functions

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

Minister may give directions to the Board ......................................... 4

Division 2--Members of the Board

7 Membership

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

Appointment of members .................................................................. 5

Term of appointment ......................................................................... 5

10 Acting

appointments

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

11 Remuneration

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

Leave of absence ................................................................................ 7

Disclosure of interests to the Minister ............................................... 7

Disclosure of interests to the Board ................................................... 7

15 Other

terms

and

conditions ................................................................ 8

16 Resignation

members

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

17 Termination

appointment .............................................................. 8

Division 3--Meetings of the Board

18 Convening

meetings ........................................................................ 10

Presiding at meetings ....................................................................... 10

20 Quorum

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

Voting at meetings ........................................................................... 11

Conduct of meetings ........................................................................ 11

23 Minutes

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

24 Decisions

without meetings ............................................................. 11

Division 4--Reports

25 Annual

reports

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

Part 3--Chief Executive Officer, staff and consultants

Chief Executive Officer ................................................................... 14

27 Staff

and

consultants ........................................................................ 14

Part 1 Preliminary

Section 2

2 Australian Centre for Renewable Energy Bill 2009 No. , 2009

2 Commencement

This Act commences on the day this Act receives the Royal

Assent.

3 Definitions

In this Act:

appointed member means a member of the Board appointed under

section 8, and includes the Chair.

Board means the Australian Centre for Renewable Energy Board

established by section 4.

CEO means the person who occupies the position of Chief

Executive Officer of the Australian Centre for Renewable Energy.

Chair means the Chair of the Board.

member means a member of the Board.

renewable energy technologies includes associated enabling

technologies.

Secretary means the Secretary of the Department.

The Australian Centre for Renewable Energy Board Part 2

Establishment and functions of the Board Division 1

Section 4

Australian Centre for Renewable Energy Bill 2009 No. , 2009 3

Part 2--The Australian Centre for Renewable

Energy Board

Division 1--Establishment and functions of the Board

4 Establishment

The Australian Centre for Renewable Energy Board is established

by this section.

5 Functions

(1) The functions of the Board are:

(a) to provide advice to the Minister in relation to renewable

energy technologies, including advice in relation to the

following:

(i) strategies to fund and promote the development,

commercialisation and use of renewable energy

technologies;

(ii) the funding of renewable energy technology projects

and measures;

(iii) the management of renewable energy technology

programs;

(iv) improving existing program delivery;

(v) the provision of venture capital funding;

(vi) priority areas for government support;

(vii) establishing links with state and territory government

agencies and the private sector with a view to

developing strategies for stimulating investment in

renewable energy technologies; and

(b) to assess renewable energy technology projects and measures

for the purposes of providing advice under

subparagraph (a)(ii); and

Board to perform.

(2) A direction under paragraph (1)(c) is not a legislative instrument.

Part 2 The Australian Centre for Renewable Energy Board

Division 1 Establishment and functions of the Board

Section 6

4 Australian Centre for Renewable Energy Bill 2009 No. , 2009

6 Minister may give directions to the Board

(1) The Minister may give written directions to the Board about the

performance of its functions.

(2) Directions given by the Minister under subsection (1) must be of a

general nature only.

(3) The Minister must not give directions about the content of any

advice that may be given by the Board.

(4) The Board must comply with a direction given by the Minister

under subsection (1).

(5) A direction under subsection (1) is not a legislative instrument.

The Australian Centre for Renewable Energy Board Part 2

Members of the Board Division 2

Section 7

Australian Centre for Renewable Energy Bill 2009 No. , 2009 5

Division 2--Members of the Board

7 Membership

The Board consists of the following members:

(a)

the

Chair;

(b) up to 6 other appointed members;

(c)

the

CEO.

Note:

Section 18B of the Acts Interpretation Act 1901 deals with the title of

the Chair.

8 Appointment of members

(1) Members of the Board (other than the CEO) are to be appointed:

(a) by the Minister by written instrument; and

(b) on a part-time basis.

(2) In making appointments, the Minister must ensure:

(a) that he or she is satisfied that each member has knowledge

of, or experience in, a field relevant to the Board's functions;

and

(b) to the extent possible--that the members of the Board have,

between them, experience in the following areas:

(i) finance, economics, law and project management;

(ii) the energy industry and energy markets;

(iii) technical development, science or engineering;

(iv) administration and program management.

9 Term of appointment

An appointed member holds office for the period specified in the

instrument of appointment. The period must not exceed 2 years.

Note:

A member is eligible for reappointment: see subsection 33(4A) of the

Acts Interpretation Act 1901.

10 Acting appointments

(1) The Minister may appoint a member to act as the Chair:

Part 2 The Australian Centre for Renewable Energy Board

Division 2 Members of the Board

Section 11

6 Australian Centre for Renewable Energy Bill 2009 No. , 2009

(a) during a vacancy in the office of Chair (whether or not an

appointment has previously been made to the office); or

(b) during any period, or during all periods, when the Chair is

absent from duty or from Australia, or is, for any reason,

unable to perform the duties of the office.

(2) The Minister may appoint a person to act as an appointed member:

(a) during a vacancy in the office of a member (whether or not

an appointment has previously been made to the office); or

(b) during any period, or during all periods, when a member is

absent from duty or from Australia, or is, for any reason,

unable to perform the duties of the office.

Note:

Section 33A of the Acts Interpretation Act 1901 has rules that apply to

acting appointments.

(3) Anything done by or in relation to a person purporting to act under

an appointment is not invalid merely because:

(a) the occasion for the appointment had not arisen; or

(b) there was a defect or irregularity in connection with the

appointment; or

(d) the occasion to act had not arisen or had ceased.

11 Remuneration

(1) An appointed member is to be paid the remuneration that is

determined by the Remuneration Tribunal. If no determination of

that remuneration by the Tribunal is in operation, the member is to

be paid the remuneration that is prescribed by the regulations.

(2) An appointed member is to be paid the allowances that are

prescribed by the regulations.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

The Australian Centre for Renewable Energy Board Part 2

Members of the Board Division 2

Section 12

Australian Centre for Renewable Energy Bill 2009 No. , 2009 7

12 Leave of absence

Chair

(1) The Minister may grant leave of absence to the Chair on the terms

and conditions that the Minister determines.

Other members

(2) The Chair may grant leave of absence to any other appointed

member on the terms and conditions that the Chair determines.

(3) The Chair must notify the Minister if the Chair grants to a member

leave of absence for a period that exceeds 6 months.

13 Disclosure of interests to the Minister

A member must give written notice to the Minister of all interests,

pecuniary or otherwise, that the member has or acquires and that

conflict or could conflict with the proper performance of the

member's functions.

14 Disclosure of interests to the Board

(1)

member who has an interest, pecuniary or otherwise, in a matter

being considered or about to be considered by the Board must

disclose the nature of the interest to a meeting of the Board.

(2) The disclosure must be made as soon as possible after the relevant

facts have come to the member's knowledge.

(3) The disclosure must be recorded in the minutes of the meeting of

the Board.

(4) Unless the Board otherwise determines, the member:

(a) must not be present during any deliberation by the Board on

the matter; and

(b) must not take part in any decision of the Board with respect

to the matter.

(5) For the purposes of making a determination under subsection (4),

the member:

Part 2 The Australian Centre for Renewable Energy Board

Division 2 Members of the Board

Section 15

8 Australian Centre for Renewable Energy Bill 2009 No. , 2009

(a) must not be present during any deliberation of the Board for

the purpose of making the determination; and

(b) must not take part in making the determination.

(6) A determination under subsection (4) must be recorded in the

minutes of the meeting of the Board.

15 Other terms and conditions

An appointed member holds office on the terms and conditions (if

any) in relation to matters not covered by this Act that are

determined by the Minister.

16 Resignation of members

(1) An appointed member may resign his or her appointment by giving

the Minister a written resignation.

(2) The resignation takes effect on the day it is received by the

Minister or, if a later day is specified in the resignation, on that

later day.

17 Termination of appointment

(1) The Minister may terminate the appointment of an appointed

member for misbehaviour or physical or mental incapacity.

(2) The Minister may terminate the appointment of an appointed

member if:

(a)

the

member:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

(iv) makes an assignment of his or her remuneration for the

benefit of his or her creditors; or

(b) the member is absent, except on leave of absence, from 3

consecutive meetings of the Board; or

section 13 or 14 (disclosure of interests).

Part 2 The Australian Centre for Renewable Energy Board

Division 3 Meetings of the Board

Section 18

10 Australian Centre for Renewable Energy Bill 2009 No. , 2009

Division 3--Meetings of the Board

18 Convening meetings

(1) The Board must hold the meetings that are necessary for the

efficient performance of its functions.

(2) Meetings are to be held at the times and places that the Board

determines.

Note:

See also section 33B of the Acts Interpretation Act 1901, which

contains extra rules about meetings by telephone etc.

(3)

The

Chair:

(a) may convene a meeting; and

(b) must convene at least 4 meetings each calendar year; and

(i) 3 or more other members; or

(ii)

the

Minister.

19 Presiding at meetings

(1) The Chair must preside at all meetings at which he or she is

present.

(2) If the Chair is not present at a meeting, the other members present

must appoint a member to preside.

20 Quorum

(1) At a meeting of the Board, a quorum is constituted by a majority of

the current members.

(2)

However,

if:

(a) section 14 prevents a member from participating in the

deliberations or decisions of the Board with respect to a

particular matter; and

(b) when the member leaves the meeting concerned there is no

longer a quorum present;

The Australian Centre for Renewable Energy Board Part 2

Meetings of the Board Division 3

Section 21

Australian Centre for Renewable Energy Bill 2009 No. , 2009 11

the remaining members at the meeting constitute a quorum for the

purpose of any deliberation or decision at that meeting with respect

to that matter.

21 Voting at meetings

(1) A question arising at a meeting is to be determined by a majority of

the votes of the members present and voting.

(2) The person presiding at a meeting has a deliberative vote and, in

the event of an equality of votes, a casting vote.

22 Conduct of meetings

The Board may regulate proceedings at its meetings as it considers

appropriate.

23 Minutes

The Board must keep minutes of its meetings.

24 Decisions without meetings

(1) The Board is taken to have made a decision at a meeting if:

(a) without meeting, a majority of the members entitled to vote

on the proposed decision indicate agreement with the

decision; and

(b) that agreement is indicated in accordance with the method

determined by the Board under subsection (2); and

reasonable efforts were made to inform all the members of

the proposed decision.

(2) Subsection (1) applies only if the Board:

(a) has determined that it may make decisions of that kind

without meeting; and

(b) has determined the method by which members are to indicate

agreement with proposed decisions.

The Australian Centre for Renewable Energy Board Part 2

Reports Division 4

Section 25

Australian Centre for Renewable Energy Bill 2009 No. , 2009 13

Division 4--Reports

25 Annual reports

(1) The Board must, as soon as practicable after the end of each

financial year, prepare and give to the Minister, for presentation to

the Parliament, a report on its operations during that year.

Note:

See also section 34C of the Acts Interpretation Act 1901, which

contains extra rules about annual reports.

(2) The Board must include in the report details of any written

directions given to it by the Minister under subsection 6(1) during

the year.

Part 3 Chief Executive Officer, staff and consultants

Section 26

14 Australian Centre for Renewable Energy Bill 2009 No. , 2009

Part 3--Chief Executive Officer, staff and

consultants

26 Chief Executive Officer

(1) The Secretary must, by writing, designate a position in the

Department as the position of Chief Executive Officer of the

Australian Centre for Renewable Energy.

Note:

For creation of positions, see section 77 of the Public Service Act

1999.

(2) The position of Chief Executive Officer of the Australian Centre

for Renewable Energy can only be occupied by an SES employee.

(3) An instrument under subsection (1) is not a legislative instrument.

27 Staff and consultants

(1) The staff required to assist the Board are to be persons engaged

under the Public Service Act 1999 and made available for the

purpose by the Secretary.

(2) The Board may also be assisted by consultants, or other persons,

engaged by the Commonwealth.

Miscellaneous Part 4

Section 28

Australian Centre for Renewable Energy Bill 2009 No. , 2009 15

Part 4--Miscellaneous

28 Delegation

(1) The Minister may, by writing, delegate any or all of his or her

functions and powers under this Act, other than a function or

power under paragraph 5(1)(c) or section 6, 8, 10, 12, 15 or 17, to:

(a) the Secretary of the Department; or

(b) the CEO or another SES employee, or acting SES employee,

in the Department.

(2) In exercising functions or powers delegated under subsection (1),

the delegate must comply with any directions of the Minister.

29 Regulations

The Governor-General may make regulations prescribing matters:

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

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

giving effect to this Act.

Commonwealth of Australia Bills

AUSTRALIAN CENTRE FOR RENEWABLE ENERGY BILL 2009