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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Renewable Energy Agency
(Repeal) Bill 2014
No. , 2014
(Industry)
A Bill for an Act to repeal the Australian Renewable
Energy Agency Act 2011, and for other purposes
No. , 2014
Australian Renewable Energy Agency (Repeal) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Part 1--Repeal
3
Australian Renewable Energy Agency Act 2011
3
Part 2--Transitional provisions
4
Division 1--Introduction
4
Division 2--Transfer of assets and liabilities
4
Division 3--Transfer of other matters
5
Division 4--Reporting obligations
7
Division 5--Other matters
8
No. , 2014
Australian Renewable Energy Agency (Repeal) Bill 2014
1
A Bill for an Act to repeal the Australian Renewable
1
Energy Agency Act 2011, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Australian Renewable Energy Agency
5
(Repeal) Act 2014.
6
2 Commencement
7
This Act commences on the day this Act receives the Royal
8
Assent.
9
2
Australian Renewable Energy Agency (Repeal) Bill 2014
No. , 2014
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Amendments Schedule 1
Repeal Part 1
No. , 2014
Australian Renewable Energy Agency (Repeal) Bill 2014
3
Schedule 1
--Amendments
1
Part 1
--Repeal
2
Australian Renewable Energy Agency Act 2011
3
1 The whole of the Act
4
Repeal the Act.
5
Schedule 1 Amendments
Part 2 Transitional provisions
4
Australian Renewable Energy Agency (Repeal) Bill 2014
No. , 2014
Part 2
--Transitional provisions
1
Division 1
--Introduction
2
2 Definitions
3
In this Part:
4
Agency means the Australian Renewable Energy Agency.
5
asset means:
6
(a) any legal or equitable estate or interest in real or personal
7
property, whether actual, contingent or prospective; and
8
(b) any right, power, privilege or immunity, whether actual,
9
contingent or prospective.
10
assets official, in relation to an asset, means the person or authority
11
who:
12
(a) under a law of the Commonwealth, a State or a Territory; or
13
(b) under a trust instrument; or
14
(c) otherwise;
15
has responsibility for keeping a register in relation to assets of the kind
16
concerned.
17
commencement time means the commencement of this Part.
18
liability means any liability, duty or obligation, whether actual,
19
contingent or prospective.
20
Secretary means the Secretary of the Department.
21
Division 2
--Transfer of assets and liabilities
22
3 Vesting of assets of Agency
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(1)
This item applies to the assets of the Agency immediately before the
24
commencement time.
25
(2)
At the commencement time, the assets cease to be assets of the Agency
26
and become assets of the Commonwealth without any conveyance,
27
transfer or assignment. The Commonwealth becomes the successor in
28
law in relation to the assets.
29
Amendments Schedule 1
Transitional provisions Part 2
No. , 2014
Australian Renewable Energy Agency (Repeal) Bill 2014
5
4 Vesting of liabilities of Agency
1
(1)
This item applies to the liabilities of the Agency immediately before the
2
commencement time.
3
(2)
At the commencement time, the liabilities cease to be liabilities of the
4
Agency and become liabilities of the Commonwealth without any
5
conveyance, transfer or assignment. The Commonwealth becomes the
6
successor in law in relation to the liabilities.
7
5 Certificates relating to vesting of assets
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(1)
This item applies if:
9
(a) an asset vests in the Commonwealth under this Division; and
10
(b) there is lodged with an assets official a certificate that:
11
(i) is signed by the Minister; and
12
(ii) identifies the asset; and
13
(iii) states that the asset has become vested in the
14
Commonwealth under this Division.
15
(2)
The assets official may:
16
(a) deal with, and give effect to, the certificate as if it were a
17
proper and appropriate instrument for transactions in relation
18
to assets of that kind; and
19
(b) make such entries in the register in relation to assets of that
20
kind as are necessary, having regard to the effect of this
21
Division.
22
(3)
A certificate made under paragraph (1)(b) is not a legislative
23
instrument.
24
Division 3
--Transfer of other matters
25
6 Acts of Agency to be attributed to the Commonwealth
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(1)
This item applies to anything done by, or in relation to, the Agency
27
before the commencement time.
28
(2)
After the commencement time, the thing has effect as if it had been
29
done by, or in relation to, the Commonwealth.
30
Schedule 1 Amendments
Part 2 Transitional provisions
6
Australian Renewable Energy Agency (Repeal) Bill 2014
No. , 2014
7 Substitution of the Commonwealth as a party to certain
1
pending proceedings
2
(1)
This item applies if any proceedings to which the Agency was a party
3
were pending in any court or tribunal immediately before the
4
commencement time.
5
(2)
The Commonwealth is substituted for the Agency, from the
6
commencement time, as a party to those proceedings.
7
8 Transfer of records to the Department
8
(1)
This item applies to any records or documents that were in the
9
possession of the Agency immediately before the commencement time.
10
(2)
The records and documents are to be transferred to the Department after
11
the commencement time.
12
Note:
The records and documents are Commonwealth records for the purposes of the Archives
13
Act 1983.
14
9 References in certain instruments to Agency
15
(1)
If:
16
(a) an instrument was in force immediately before the
17
commencement time; and
18
(b) a reference is made in the instrument to the Agency; and
19
(c) the instrument is an instrument covered by one or more of the
20
following subparagraphs:
21
(i) an instrument that was made by the Agency;
22
(ii) an instrument to which the Agency was a party;
23
(iii) an instrument that was given to, or in favour of, the
24
Agency;
25
(iv) an instrument under which any right or liability accrues
26
or may accrue to the Agency;
27
(v) any other instrument in which a reference is made to the
28
Agency;
29
the reference has effect after the commencement time as if it were a
30
reference to the Commonwealth.
31
(2)
For the purposes of this item, instrument:
32
(a) includes:
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Amendments Schedule 1
Transitional provisions Part 2
No. , 2014
Australian Renewable Energy Agency (Repeal) Bill 2014
7
(i) a contract, undertaking, deed or agreement; and
1
(ii) a notice, authority, order or instruction; and
2
(iii) an instrument made under an Act or under regulations;
3
but
4
(b) does not include an exempt instrument.
5
(3)
For the purposes of this item, exempt instrument means:
6
(a) an Act; or
7
(b) an instrument made under this Act; or
8
(c) an instrument specified in an instrument under subitem (4).
9
(4)
The Minister may, by legislative instrument, specify one or more
10
instruments for the purposes of paragraph (3)(c).
11
Division 4
--Reporting obligations
12
10 Final annual report
13
(1)
The Secretary must prepare and give to the Minister, for presentation to
14
the Parliament, a report on the operations of the Agency during the final
15
reporting period.
16
(2)
Subject to this item, as far as is practicable, the report must comply with
17
the requirements for an annual report under:
18
(a) section 9 of the Commonwealth Authorities and Companies
19
Act 1997; or
20
(b) section 46 of the Public Governance, Performance and
21
Accountability Act 2013.
22
(3)
For the purposes of subitem (2), those Acts apply to the report as if a
23
reference to a financial year or a reporting period were a reference to
24
the final reporting period.
25
(4)
The Secretary may include the report in the Department's annual report
26
for the financial year in which the last day of the final reporting period
27
occurs.
28
(5)
If the Secretary does not include the report in the Department's annual
29
report, then:
30
(a) the Secretary must give the report to the Minister within 3
31
months after the end of the final reporting period; and
32
Schedule 1 Amendments
Part 2 Transitional provisions
8
Australian Renewable Energy Agency (Repeal) Bill 2014
No. , 2014
(b) the Minister must table the report in each House of the
1
Parliament as soon as practicable; and
2
(c) the Secretary must publish the report on the Department's
3
website as soon as practicable after the report is tabled in the
4
House of Representatives.
5
(6)
The Minister may grant an extension of the time referred to in
6
paragraph (5)(a) in special circumstances.
7
(7)
In this item:
8
final reporting period means the period:
9
(a) beginning:
10
(i) if, at the commencement time, no report under section 9
11
of the Commonwealth Authorities and Companies Act
12
1997 or under section 46 of the Public Governance,
13
Performance and Accountability Act 2013 (as the case
14
requires) has been given to the Minister for the financial
15
year ending before the commencement time--at the
16
start of that financial year; or
17
(ii) otherwise--at the start of the financial year in which the
18
commencement time occurs; and
19
(b) ending immediately before the commencement time.
20
Division 5
--Other matters
21
11 No transfer of appointment, engagement or employment
22
of Agency officers
23
(1)
Nothing in this Part produces the result that the appointment,
24
engagement or employment of an Agency officer has effect as if it were
25
an appointment, engagement or employment of the person in relation to
26
the Commonwealth.
27
(2)
In this item:
28
Agency officer means:
29
(a) a member of the Board of the Agency; or
30
(b) a member of a committee established by the Board; or
31
(c) the Chief Executive Officer of the Agency; or
32
Amendments Schedule 1
Transitional provisions Part 2
No. , 2014
Australian Renewable Energy Agency (Repeal) Bill 2014
9
(d) a person employed under section 61 of the Australian
1
Renewable Energy Agency Act 2011, as in force immediately
2
before the commencement time; or
3
(e) a consultant engaged by the Agency.
4
12 Lapsing of undecided applications
5
(1)
This item applies if:
6
(a) before the commencement time, an application was made for
7
the provision of financial assistance in accordance with the
8
Australian Renewable Energy Agency Act 2011, as in force
9
immediately before the commencement time; and
10
(b) by the commencement time, the application has not either:
11
(i) resulted in an agreement for the provision of financial
12
assistance under that Act, as in force immediately before
13
the commencement time, being entered into; or
14
(ii) been refused.
15
(2)
The application lapses at the commencement time.
16
13 Exemption from stamp duty and other State or Territory
17
taxes
18
(1)
No stamp duty or other tax is payable under a law of a State or a
19
Territory in respect of an exempt matter, or anything connected with an
20
exempt matter.
21
(2)
For the purposes of this item, an exempt matter is:
22
(a) the vesting of an asset or liability under this Part; or
23
(b) the operation of this Part in any other respect.
24
(3)
The Minister may certify in writing:
25
(a) that a specified matter is an exempt matter; or
26
(b) that a specified thing was connected with a specified exempt
27
matter.
28
(4)
In all courts, and for all purposes (other than for the purposes of
29
criminal proceedings), a certificate under subitem (3) is prima facie
30
evidence of the matters stated in the certificate.
31
Schedule 1 Amendments
Part 2 Transitional provisions
10
Australian Renewable Energy Agency (Repeal) Bill 2014
No. , 2014
14 Certificates taken to be authentic
1
A document that appears to be a certificate made or issued under a
2
particular provision of this Part:
3
(a) is taken to be such a certificate; and
4
(b) is taken to have been properly given;
5
unless the contrary is established.
6
15 Delegation by Minister
7
(1)
The Minister may, by writing, delegate all or any of his or her powers
8
and functions under this Part to a person.
9
(2)
The delegate must be:
10
(a) the Secretary of the Department; or
11
(b) an SES employee, or acting SES employee, in the
12
Department.
13
Note:
The expressions SES employee and acting SES employee are defined in the Acts
14
Interpretation Act 1901.
15
(3)
In exercising powers or functions under a delegation, the delegate must
16
comply with any directions of the Minister.
17
16 Compensation for acquisition of property
18
(1)
If the operation of this Schedule would result in an acquisition of
19
property (within the meaning of paragraph 51(xxxi) of the Constitution)
20
from a person otherwise than on just terms (within the meaning of that
21
paragraph), the Commonwealth is liable to pay a reasonable amount of
22
compensation to the person.
23
(2)
If the Commonwealth and the person do not agree on the amount of the
24
compensation, the person may institute proceedings in a court of
25
competent jurisdiction for the recovery from the Commonwealth of
26
such reasonable amount of compensation as the court determines.
27
17 Transitional rules
28
The Minister may, by legislative instrument, make rules in relation to
29
transitional matters arising out of the amendments and repeals made by
30
this Schedule.
31