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This is a Bill, not an Act. For current law, see the Acts databases.
CLIMATE CHANGE AUTHORITY BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Climate Change Authority Bill 2011
No. , 2011
(Climate Change and Energy Efficiency)
A Bill for an Act to establish the Climate Change
Authority, and for other purposes
i Climate Change Authority Bill 2011 No. , 2011
Contents
Part 1--Preliminary
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Simplified
outline
..............................................................................
3
4 Definitions
.........................................................................................
3
6
Crown to be bound ............................................................................. 5
7
Extension to external Territories ........................................................ 5
8
Extension to exclusive economic zone and continental shelf ............ 5
9
Extension to Joint Petroleum Development Area .............................. 5
Part 2--Climate Change Authority
6
Division 1--Authority's establishment, functions, powers and
liabilities
6
10 Climate
Change
Authority ................................................................. 6
11
Functions of the Authority ................................................................. 6
12
Authority must have regard to certain principles ............................... 7
13
Powers of the Authority ..................................................................... 7
14
Authority's liabilities are Commonwealth liabilities ......................... 8
15
Authority has privileges and immunities of the Crown ..................... 8
Division 2--Constitution and membership of the Authority etc.
9
Subdivision A--Constitution of the Authority
9
16
Constitution of the Authority ............................................................. 9
Subdivision B--Authority members
9
17 Membership
of
the Authority............................................................. 9
18 Appointment
of
Authority members .................................................. 9
19 Period
of
appointment
for Authority members ................................ 10
20 Acting
Authority members .............................................................. 11
21
Deputy of the Chief Scientist ........................................................... 12
Subdivision C--Associate Authority members
13
22
Appointment of associate Authority members ................................. 13
23
Period of appointment for associate Authority members ................. 14
24 Acting
appointments--associate Authority members ...................... 14
Division 3--Terms and conditions for Authority members and
associate Authority members
16
25 Remuneration
...................................................................................
16
26
Disclosure of interests to the Climate Change Minister ................... 16
27
Disclosure of interests to the Authority ........................................... 16
Climate Change Authority Bill 2011 No. , 2011 ii
28 Outside
employment
........................................................................
17
29
Leave of absence .............................................................................. 17
30 Resignation
......................................................................................
18
31 Termination
of
appointment ............................................................ 18
32 Other
terms
and
conditions .............................................................. 19
Division 4--Decision-making by the Authority
20
33 Holding
of
meetings......................................................................... 20
34
Presiding at meetings ....................................................................... 20
35 Quorum
............................................................................................
20
36
Participation etc. by associate Authority members at
meetings ........................................................................................... 20
37 Voting
at
meetings etc. .................................................................... 20
38
Conduct of meetings ........................................................................ 21
39 Minutes
............................................................................................
21
Division 5--Delegation
22
40
Delegation by the Authority ............................................................ 22
Division 6--Chief Executive Officer of the Authority
24
41 Establishment
...................................................................................
24
42 Role
..................................................................................................
24
43 Appointment
....................................................................................
24
44 Acting
appointments
........................................................................
24
45 Outside
employment
........................................................................
25
46 Remuneration
...................................................................................
25
47 Leave
...............................................................................................
25
48 Disclosure
of
interests ...................................................................... 26
49 Resignation
......................................................................................
26
50 Termination
of
appointment ............................................................ 26
51 Other
terms
and
conditions .............................................................. 27
Division 7--Staff of the Authority etc.
28
52 Staff
.................................................................................................
28
53 Persons
assisting
the Authority ........................................................ 28
54 Consultants
......................................................................................
28
Division 8--Planning and reporting obligations
29
55 Corporate
plan
.................................................................................
29
56 Annual
report
...................................................................................
29
Division 9--Other matters
31
57
Climate Change Minister may give directions to the
Authority .......................................................................................... 31
iii Climate Change Authority Bill 2011 No. , 2011
58
CEO not subject to direction by the Authority on certain
matters ............................................................................................. 31
Part 3--Special reviews
32
59
Special reviews to be conducted by the Authority at the
request of the Climate Change Minister or the Parliament .............. 32
60
Report of special review .................................................................. 33
Part 4--Land Sector Carbon and Biodiversity Board
35
Division 1--Board's establishment and functions
35
61
Land Sector Carbon and Biodiversity Board ................................... 35
62
Functions of the Board ..................................................................... 35
63 Constitutional
limits
.........................................................................
36
Division 2--Membership of the Board
38
64 Membership
of
the Board ................................................................ 38
65 Appointment
of
Board members ...................................................... 38
66 Period
of
appointment for Board members ...................................... 39
67 Acting
Board
members .................................................................... 39
68 Procedures
.......................................................................................
40
69
Disclosure of interests to the Environment Minister and the
Agriculture Minister ........................................................................ 40
70
Disclosure of interests to Board ....................................................... 41
71 Outside
employment
........................................................................
41
72 Remuneration
and
allowances ......................................................... 41
73
Leave of absence .............................................................................. 42
74 Resignation
......................................................................................
42
75 Termination
of
appointment ............................................................ 42
76 Other
terms
and
conditions .............................................................. 43
Division 3--Assistance to Board
44
77 Assistance
to
Board
.........................................................................
44
Division 4--Committees
45
78 Committees
......................................................................................
45
79 Remuneration
and
allowances ......................................................... 45
80 Assistance
to
committees ................................................................. 46
Division 5--Annual report
47
81 Annual
report
...................................................................................
47
Part 5--Miscellaneous
48
82 Liability
for
damages
.......................................................................
48
82A
Transitional--validity of things done under appointments
under section 67 ............................................................................... 48
Climate Change Authority Bill 2011 No. , 2011 iv
83 Regulations
......................................................................................
49
Climate Change Authority Bill 2011 No. , 2011 1
A Bill for an Act to establish the Climate Change
1
Authority, and for other purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act may be cited as the Climate Change Authority Act 2011.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
Part 1 Preliminary
Section 2
2 Climate Change Authority Bill 2011 No. , 2011
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
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. Section 3
1 July 2012.
However, if section 3 of the Clean Energy
Act 2011 does not commence before 1 July
2012, the provision(s) do not commence at
all.
3. Sections 4 to 9
A single day to be fixed by Proclamation.
A Proclamation must not specify a day that
occurs before the day the Clean Energy Act
2011 receives the Royal Assent.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the later of:
(a) the day this Act receives the Royal
Assent; and
(b) the day the Clean Energy Act 2011
receives the Royal Assent;
they commence on the day after the end of
that period.
4. Parts 2 and 3
1 July 2012.
However, if section 3 of the Clean Energy
Act 2011 does not commence before 1 July
2012, the provision(s) do not commence at
all.
5. Parts 4 and 5
At the same time as the provision(s) covered
by table item 3.
Preliminary Part 1
Section 3
Climate Change Authority Bill 2011 No. , 2011 3
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Simplified outline
7
The following is a simplified outline of this Act:
8
·
This Act establishes the Climate Change Authority.
9
·
The Authority is to conduct reviews under:
10
(a)
the
Clean Energy Act 2011; and
11
(b)
the
Carbon Credits (Carbon Farming Initiative)
12
Act 2011; and
13
(c)
the
National Greenhouse and Energy Reporting
14
Act 2007; and
15
(d)
the
Renewable Energy (Electricity) Act 2000; and
16
(e)
this
Act.
17
·
This Act establishes the Land Sector Carbon and Biodiversity
18
Board.
19
·
The Board is to advise the Environment Minister, the Climate
20
Change Minister and the Agriculture Minister about climate
21
change measures that relate to the land sector.
22
4 Definitions
23
In this Act:
24
Part 1 Preliminary
Section 4
4 Climate Change Authority Bill 2011 No. , 2011
Agriculture Minister means the Minister administering Part 2 of
1
the Natural Resources Management (Financial Assistance) Act
2
1992.
3
associate Authority member means an associate member of the
4
Authority.
5
Authority means the Climate Change Authority.
6
Authority member means a member of the Authority, but does not
7
include an associate Authority member.
8
Biodiversity Fund program measure means a measure that has
9
been, is being, or may be, funded by the program known as the
10
Biodiversity Fund program.
11
Board means the Land Sector Carbon and Biodiversity Board.
12
Board member means a member of the Board, and includes the
13
Chair of the Board.
14
CEO means the Chief Executive Officer of the Authority.
15
Climate Change Department means the Department administered
16
by the Climate Change Minister.
17
Climate Change Minister means the Minister administering the
18
Clean Energy Act 2011.
19
Environment Department means the Department administered by
20
the Environment Minister.
21
Environment Minister means the Minister administering the
22
Environment Protection and Biodiversity Conservation Act 1999.
23
greenhouse gas has the same meaning as in the National
24
Greenhouse and Energy Reporting Act 2007.
25
Joint Petroleum Development Area has the same meaning as in
26
the Petroleum (Timor Sea Treaty) Act 2003.
27
staff of the Authority means the staff described in section 52.
28
Preliminary Part 1
Section 6
Climate Change Authority Bill 2011 No. , 2011 5
6 Crown to be bound
1
(1) This Act binds the Crown in each of its capacities.
2
(2) This Act does not make the Crown liable to a pecuniary penalty or
3
to be prosecuted for an offence.
4
(3) The protection in subsection (2) does not apply to an authority of
5
the Crown.
6
7 Extension to external Territories
7
This Act extends to every external Territory.
8
8 Extension to exclusive economic zone and continental shelf
9
This Act extends to a matter relating to the exercise of Australia's
10
sovereign rights in the exclusive economic zone or the continental
11
shelf.
12
9 Extension to Joint Petroleum Development Area
13
This Act extends to the Joint Petroleum Development Area.
14
15
Part 2 Climate Change Authority
Division 1 Authority's establishment, functions, powers and liabilities
Section 10
6 Climate Change Authority Bill 2011 No. , 2011
Part 2--Climate Change Authority
1
Division 1--Authority's establishment, functions, powers
2
and liabilities
3
10 Climate Change Authority
4
The Climate Change Authority is established by this section.
5
Note: In
this
Act,
Authority means the Climate Change Authority--see
6
section 4.
7
11 Functions of the Authority
8
The Authority has the following functions:
9
(a) to conduct reviews under:
10
(i) Part 22 of the Clean Energy Act 2011; and
11
(ii) section 306 of the Carbon Credits (Carbon Farming
12
Initiative) Act 2011; and
13
(iii) sections 76A and 76B of the National Greenhouse and
14
Energy Reporting Act 2007; and
15
(iv) section 162 of the Renewable Energy (Electricity) Act
16
2000; and
17
(v) Part 3 of this Act;
18
(b) if requested to do so by the Climate Change Minister, to
19
assist the Climate Change Minister in preparing the
20
Commonwealth Government's response to recommendations
21
set out in a report of such a review;
22
(c) to conduct research about matters relating to climate change;
23
(d) to conduct research for purposes in connection with the
24
performance of any of the Authority's functions;
25
(e) such other functions as are conferred on the Authority by this
26
Act;
27
(f) such functions as are conferred on the Authority by any other
28
law of the Commonwealth;
29
(g) to do anything incidental to or conducive to the performance
30
of any of the above functions.
31
Climate Change Authority Part 2
Authority's establishment, functions, powers and liabilities Division 1
Section 12
Climate Change Authority Bill 2011 No. , 2011 7
12 Authority must have regard to certain principles
1
In performing its functions, the Authority must have regard to the
2
following principles:
3
(a) the principle that any measures to respond to climate change
4
should:
5
(i) be economically efficient; and
6
(ii) be environmentally effective; and
7
(iii) be equitable; and
8
(iv) be in the public interest; and
9
(v) take account of the impact on households, business,
10
workers and communities; and
11
(vi) support the development of an effective global response
12
to climate change; and
13
(vii) be consistent with Australia's foreign policy and trade
14
objectives;
15
(b) such other principles (if any) as the Authority considers
16
relevant.
17
13 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
Note:
The CEO may also enter into contracts on behalf of the
24
Commonwealth. See section 44 of the Financial Management and
25
Accountability Act 1997.
26
(3) Any contract entered into by the Authority is to be entered into on
27
behalf of the Commonwealth.
28
(4) Any real or personal property held by the Authority is held for and
29
on behalf of the Commonwealth.
30
(5) Any money received by the Authority is received for and on behalf
31
of the Commonwealth.
32
Part 2 Climate Change Authority
Division 1 Authority's establishment, functions, powers and liabilities
Section 14
8 Climate Change Authority Bill 2011 No. , 2011
(6) The Authority cannot hold real or personal property, or money, on
1
trust for a person other than the Commonwealth.
2
Note:
The Commonwealth may hold real or personal property or money on
3
trust.
4
(7) To avoid doubt, a right to sue is taken not to be personal property
5
for the purposes of subsection (4).
6
14 Authority's liabilities are Commonwealth liabilities
7
(1) Any financial liabilities of the Authority are taken to be liabilities
8
of the Commonwealth.
9
(2) In this section:
10
financial liability means a liability to pay a person an amount,
11
where the amount, or the method for working out the amount, has
12
been determined.
13
15 Authority has privileges and immunities of the Crown
14
The Authority has the privileges and immunities of the Crown in
15
right of the Commonwealth.
16
17
Climate Change Authority Part 2
Constitution and membership of the Authority etc. Division 2
Section 16
Climate Change Authority Bill 2011 No. , 2011 9
Division 2--Constitution and membership of the Authority
1
etc.
2
Subdivision A--Constitution of the Authority
3
16 Constitution of the Authority
4
(1)
The
Authority:
5
(a) is a body corporate with perpetual succession; and
6
(b) must have a seal; and
7
(c) may acquire, hold and dispose of real and personal property;
8
and
9
(d) may sue and be sued in its corporate name.
10
(2) The seal of the Authority is to be kept in such custody as the
11
Authority directs and must not be used except as authorised by the
12
Authority.
13
(3) All courts, judges and persons acting judicially must:
14
(a) take judicial notice of the imprint of the seal of the Authority
15
appearing on a document; and
16
(b) presume that the document was duly sealed.
17
Subdivision B--Authority members
18
17 Membership of the Authority
19
The Authority consists of the following members:
20
(a)
a
Chair;
21
(b) the Chief Scientist;
22
(c) 7 other members.
23
18 Appointment of Authority members
24
(1) Each Authority member (other than the Chief Scientist) is to be
25
appointed by the Climate Change Minister by written instrument.
26
Note:
The Authority member is eligible for reappointment: see the Acts
27
Interpretation Act 1901.
28
Part 2 Climate Change Authority
Division 2 Constitution and membership of the Authority etc.
Section 19
10 Climate Change Authority Bill 2011 No. , 2011
(2) A person is not eligible for appointment as an Authority member
1
(other than the Chief Scientist) unless the Climate Change Minister
2
is satisfied that the person has:
3
(a) substantial experience or knowledge; and
4
(b)
significant
standing;
5
in at least one of the following fields:
6
(c)
climate
science;
7
(d) economics (including environmental economics);
8
(e)
industry;
9
(f)
social
policy;
10
(g) technology development and adoption;
11
(h)
employment
policy;
12
(i) energy production and supply;
13
(j) greenhouse gas emissions measurement and reporting;
14
(k) greenhouse gas abatement measures;
15
(l) financial markets and investment;
16
(m) trading of environmental instruments;
17
(n) land resource management;
18
(o)
environmental
management;
19
(p)
public
administration.
20
(3) An Authority member (other than the Chief Scientist) may hold
21
office on either a full-time or a part-time basis.
22
(4) The Chief Scientist holds office on a part-time basis.
23
(5) This Act does not prevent the same person from holding office as
24
the Chair and as the CEO.
25
(6) A person must not hold office as an Authority member (other than
26
the Chair) and as the CEO.
27
19 Period of appointment for Authority members
28
An Authority member (other than the Chief Scientist) holds office
29
for the period specified in the instrument of appointment. The
30
period must not exceed 5 years.
31
Note:
For reappointment, see the Acts Interpretation Act 1901.
32
Climate Change Authority Part 2
Constitution and membership of the Authority etc. Division 2
Section 20
Climate Change Authority Bill 2011 No. , 2011 11
20 Acting Authority members
1
Acting Chair of the Authority
2
(1) The Climate Change Minister may appoint a person (other than the
3
Chief Scientist) to act as the Chair of the Authority:
4
(a) during a vacancy in the office of the Chair of the Authority
5
(whether or not an appointment has previously been made to
6
the office); or
7
(b) during any period, or during all periods, when the Chair of
8
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
Acting Authority member (other than the Chair of the Authority)
13
(2) The Climate Change Minister may appoint a person (other than the
14
Chief Scientist) to act as an Authority member (other than the
15
Chair of the Authority):
16
(a) during a vacancy in the office of an Authority member (other
17
than the Chair of the Authority), whether or not an
18
appointment has previously been made to the office; or
19
(b) during any period, or during all periods, when an Authority
20
member (other than the Chair of the Authority):
21
(i) is absent from duty or Australia; or
22
(ii) is, for any reason, unable to perform the duties of the
23
office.
24
Eligibility
25
(3) A person is not eligible for appointment to act as:
26
(a) the Chair of the Authority; or
27
(b) an Authority member (other than the Chair of the Authority);
28
unless the person is eligible for appointment as an Authority
29
member.
30
Note 1:
See subsection 18(2).
31
Note 2:
For rules that apply to acting appointments, see sections 33AB and
32
33A of the Acts Interpretation Act 1901.
33
Part 2 Climate Change Authority
Division 2 Constitution and membership of the Authority etc.
Section 21
12 Climate Change Authority Bill 2011 No. , 2011
21 Deputy of the Chief Scientist
1
Appointment
2
(1) The Chief Scientist may appoint an SES employee to be his or her
3
deputy for the purposes of attendance at one or more specified
4
meetings of the Authority.
5
Note: The
expression
SES employee is defined in the Acts Interpretation Act
6
1901.
7
Termination of appointment
8
(2) The Chief Scientist may terminate the appointment of a person as
9
his or her deputy.
10
Resignation
11
(3) A deputy of the Chief Scientist may resign his or her appointment
12
by giving the Chief Scientist a written resignation.
13
(4) The resignation takes effect on the day it is received by the Chief
14
Scientist or, if a later day is specified in the resignation, on that
15
later day.
16
Attendance at meeting of the Authority
17
(5)
If:
18
(a) a person is the deputy of the Chief Scientist for the purposes
19
of attendance at a particular meeting of the Authority; and
20
(b) the Chief Scientist is absent from the meeting;
21
the person is entitled to attend the meeting and, when so attending,
22
is taken to be an Authority member.
23
(6) A deputy of the Chief Scientist is not entitled to any remuneration
24
or allowances for attending a meeting of the Authority (other than
25
remuneration or allowances payable to the deputy in his or her
26
capacity as an SES employee).
27
Climate Change Authority Part 2
Constitution and membership of the Authority etc. Division 2
Section 22
Climate Change Authority Bill 2011 No. , 2011 13
Subdivision C--Associate Authority members
1
22 Appointment of associate Authority members
2
(1) The Climate Change Minister may appoint as many associate
3
members of the Authority as the Climate Change Minister thinks
4
fit.
5
(2) Subsection (1) has effect subject to subsection (7).
6
(3) Each associate Authority member is to be appointed by the Climate
7
Change Minister by written instrument.
8
Note:
The associate Authority member is eligible for reappointment: see the
9
Acts Interpretation Act 1901.
10
(4) A person is not eligible for appointment as an associate Authority
11
member unless the Climate Change Minister is satisfied that the
12
person has:
13
(a) substantial experience or knowledge; and
14
(b)
significant
standing;
15
in at least one of the following fields:
16
(c)
climate
science;
17
(d) economics (including environmental economics);
18
(e)
industry;
19
(f)
social
policy;
20
(g) technology development and adoption;
21
(h)
employment
policy;
22
(i) energy production and supply;
23
(j) greenhouse gas emissions measurement and reporting;
24
(k) greenhouse gas abatement measures;
25
(l) financial markets and investment;
26
(m) trading of environmental instruments;
27
(n) land resource management;
28
(o)
environmental
management;
29
(p)
public
administration.
30
(5) An associate Authority member may be appointed as a full-time
31
associate Authority member or as a part-time associate Authority
32
member.
33
Part 2 Climate Change Authority
Division 2 Constitution and membership of the Authority etc.
Section 23
14 Climate Change Authority Bill 2011 No. , 2011
(6) An associate Authority member's instrument of appointment must
1
contain a statement to the effect that the associate Authority
2
member's appointment relates to a specified review.
3
(7) The Climate Change Minister must ensure that not more than one
4
associate Authority member is appointed for a particular review.
5
23 Period of appointment for associate Authority members
6
(1) An associate Authority member holds office for the period:
7
(a) beginning at the time specified in his or her instrument of
8
appointment; and
9
(b)
ending:
10
(i) at the end of the day of the completion of the report of
11
the review specified in his or her instrument of
12
appointment; or
13
(ii) if the instrument of appointment specifies that the
14
associate Authority member is to remain in office for a
15
specified period beginning at the end of the day of the
16
completion of the report of the review--at the end of
17
that period.
18
(2) For the purposes of subsection (1), a review is completed when the
19
report of the review is given to the Climate Change Minister who is
20
responsible for causing the report to be tabled in each House of the
21
Parliament.
22
(3) A period specified under subparagraph (1)(b)(ii) must not be
23
longer than 180 days.
24
24 Acting appointments--associate Authority members
25
(1) The Climate Change Minister may appoint a person to act as an
26
associate Authority member during any period, or during all
27
periods, when an associate Authority member:
28
(a) is acting as an Authority member; or
29
(b) is absent from duty or from Australia; or
30
(c) is, for any reason, unable to perform the duties of the office.
31
Climate Change Authority Part 2
Constitution and membership of the Authority etc. Division 2
Section 24
Climate Change Authority Bill 2011 No. , 2011 15
Eligibility
1
(2) A person is not eligible for appointment to act as an associate
2
Authority member unless the person is eligible for appointment as
3
an associate Authority member.
4
Note 1:
See subsection 22(4)
5
Note 2:
For rules that apply to acting appointments, see sections 33AB and
6
33A of the Acts Interpretation Act 1901.
7
8
Part 2 Climate Change Authority
Division 3 Terms and conditions for Authority members and associate Authority
members
Section 25
16 Climate Change Authority Bill 2011 No. , 2011
Division 3--Terms and conditions for Authority members
1
and associate Authority members
2
25 Remuneration
3
(1) An Authority member (other than the Chief Scientist) or associate
4
Authority member is to be paid the remuneration that is determined
5
by the Remuneration Tribunal. If no determination of that
6
remuneration by the Tribunal is in operation, an Authority member
7
or associate Authority member is to be paid the remuneration that
8
is prescribed by the regulations.
9
(2) An Authority member (other than the Chief Scientist) or associate
10
Authority member is to be paid the allowances that are prescribed
11
by the regulations.
12
(3) This section has effect subject to the Remuneration Tribunal Act
13
1973.
14
26 Disclosure of interests to the Climate Change Minister
15
An Authority member or associate Authority member must give
16
written notice to the Climate Change Minister of all interests,
17
pecuniary or otherwise, that the Authority member or associate
18
Authority member has or acquires and that conflict or could
19
conflict with the proper performance of the Authority member's
20
functions or the associate Authority member's functions, as the
21
case may be.
22
27 Disclosure of interests to the Authority
23
(1) An Authority member or associate Authority member who has an
24
interest, pecuniary or otherwise, in a matter being considered or
25
about to be considered by the Authority must disclose the nature of
26
the interest to a meeting of the Authority.
27
(2) The disclosure must be made as soon as possible after the relevant
28
facts have come to the knowledge of the Authority member or
29
associate Authority member.
30
Climate Change Authority Part 2
Terms and conditions for Authority members and associate Authority members
Division 3
Section 28
Climate Change Authority Bill 2011 No. , 2011 17
(3) The disclosure must be recorded in the minutes of the meeting of
1
the Authority.
2
(4) Unless the Authority otherwise determines, the Authority member
3
or associate Authority member:
4
(a) must not be present during any deliberation by the Authority
5
on the matter; and
6
(b) must not take part in any decision of the Authority with
7
respect to the matter.
8
(5) For the purposes of making a determination under subsection (4),
9
the Authority member or associate Authority member:
10
(a) must not be present during any deliberation of the Authority
11
for the purpose of making the determination; and
12
(b) must not take part in making the determination.
13
(6) A determination under subsection (4) must be recorded in the
14
minutes of the meeting of the Authority.
15
28 Outside employment
16
(1) A full-time Authority member or full-time associate Authority
17
member must not engage in paid employment outside the duties of
18
his or her office without the Climate Change Minister's approval.
19
(2) A part-time Authority member or part-time associate Authority
20
member must not engage in any paid employment that conflicts or
21
may conflict with the proper performance of his or her duties.
22
29 Leave of absence
23
(1) A full-time Authority member or full-time associate Authority
24
member has the recreation leave entitlements that are determined
25
by the Remuneration Tribunal.
26
(2) The Climate Change Minister may grant leave of absence, other
27
than recreation leave, to a full-time Authority member or full-time
28
associate Authority member on the terms and conditions as to
29
remuneration or otherwise that the Climate Change Minister
30
determines.
31
Part 2 Climate Change Authority
Division 3 Terms and conditions for Authority members and associate Authority
members
Section 30
18 Climate Change Authority Bill 2011 No. , 2011
(3) The Chair of the Authority may grant leave of absence to a
1
part-time Authority member (other than the Chief Scientist) or
2
part-time associate Authority member on the terms and conditions
3
that the Chair determines.
4
30 Resignation
5
(1) An Authority member (other than the Chief Scientist) or associate
6
Authority member may resign his or her appointment by giving the
7
Climate Change Minister a written resignation.
8
(2) The resignation takes effect on the day it is received by the Climate
9
Change Minister or, if a later day is specified in the resignation, on
10
that later day.
11
31 Termination of appointment
12
(1) The Climate Change Minister may terminate the appointment of an
13
Authority member (other than the Chief Scientist) or associate
14
Authority member for misbehaviour or physical or mental
15
incapacity.
16
(2) The Climate Change Minister may terminate the appointment of an
17
Authority member (other than the Chief Scientist) or associate
18
Authority member if:
19
(a) the Authority member or associate Authority member:
20
(i) becomes bankrupt; or
21
(ii) applies to take the benefit of any law for the relief of
22
bankrupt or insolvent debtors; or
23
(iii) compounds with his or her creditors; or
24
(iv) makes an assignment of his or her remuneration for the
25
benefit of his or her creditors; or
26
(b) if the Authority member or associate Authority member is a
27
full-time Authority member or full-time associate Authority
28
member--the Authority member or associate Authority
29
member engages, except with the Climate Change Minister's
30
approval, in paid employment outside the duties of his or her
31
office (see section 28); or
32
Climate Change Authority Part 2
Terms and conditions for Authority members and associate Authority members
Division 3
Section 32
Climate Change Authority Bill 2011 No. , 2011 19
(c) if the Authority member or associate Authority member is a
1
part-time Authority member or part-time associate Authority
2
member--the Authority member or associate Authority
3
member engages in paid employment that conflicts or may
4
conflict with the proper performance of his or her duties (see
5
section 28); or
6
(d) the Authority member or associate Authority member fails,
7
without reasonable excuse, to comply with section 26 or 27;
8
or
9
(e) the Authority member or associate Authority member is
10
absent, except on leave of absence, from 3 consecutive
11
meetings of the Authority.
12
(3) The only meetings that are to be taken into account for the purpose
13
of the application of paragraph (2)(e) to an associate Authority
14
member, are meetings that the associate Authority member was
15
entitled to attend (see section 36).
16
32 Other terms and conditions
17
An Authority member (other than the Chief Scientist) or associate
18
Authority member holds office on the terms and conditions (if any)
19
in relation to matters not covered by this Act that are determined
20
by the Climate Change Minister.
21
22
Part 2 Climate Change Authority
Division 4 Decision-making by the Authority
Section 33
20 Climate Change Authority Bill 2011 No. , 2011
Division 4--Decision-making by the Authority
1
33 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
34 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
Authority members present must appoint one of themselves to
10
preside.
11
35 Quorum
12
At a meeting of the Authority, 5 Authority members constitute a
13
quorum.
14
36 Participation etc. by associate Authority members at meetings
15
(1) An associate Authority member is entitled to attend, and participate
16
in discussions at, a meeting of the Authority while the meeting is
17
considering a matter connected with:
18
(a) a review specified in the associate Authority member's
19
instrument of appointment; or
20
(b) assisting the Climate Change Minister to prepare the
21
Commonwealth Government's response to recommendations
22
set out in a report of a review specified in the associate
23
Authority member's instrument of appointment.
24
(2) Subsection (1) has effect subject to section 27.
25
37 Voting at meetings etc.
26
(1) At a meeting of the Authority, a question is decided by a majority
27
of the votes of the following people present and voting:
28
Climate Change Authority Part 2
Decision-making by the Authority Division 4
Section 38
Climate Change Authority Bill 2011 No. , 2011 21
(a) the Authority members;
1
(b) if the question relates to a matter connected with:
2
(i) a review specified in the instrument of appointment of
3
an associate Authority member; or
4
(ii) assisting the Climate Change Minister to prepare the
5
Commonwealth Government's response to
6
recommendations set out in a report of a review
7
specified in the instrument of appointment of an
8
associate Authority member;
9
that associate Authority member.
10
(2) The person presiding at a meeting has a deliberative vote and, in
11
the event of an equality of votes, also has a casting vote.
12
38 Conduct of meetings
13
The Authority may, subject to this Division, regulate proceedings
14
at its meetings as it considers appropriate.
15
Note:
Section 33B of the Acts Interpretation Act 1901 provides for
16
participation in meetings by telephone etc.
17
39 Minutes
18
The Authority must keep minutes of its meetings.
19
20
Part 2 Climate Change Authority
Division 5 Delegation
Section 40
22 Climate Change Authority Bill 2011 No. , 2011
Division 5--Delegation
1
40 Delegation by the Authority
2
(1) The Authority may, by writing, delegate any or all of its functions
3
and powers to:
4
(a) the CEO; or
5
(b) an Authority member or associate Authority member; or
6
(c) a person who is:
7
(i) a member of the staff of the Authority; and
8
(ii) an SES employee or acting SES employee; or
9
(d) a person who is:
10
(i) a member of the staff of the Authority; and
11
(ii) an APS employee who holds or performs the duties of
12
an Executive Level 2 position or an equivalent position;
13
or
14
(e) a person who is:
15
(i) an SES employee, or acting SES employee, in the
16
Climate Change Department; and
17
(ii) a person assisting the Authority under section 53; or
18
(f) a person who:
19
(i) is an APS employee in the Climate Change Department;
20
and
21
(ii) is a person assisting the Authority under section 53; and
22
(iii) holds or performs the duties of an Executive Level 2
23
position or an equivalent position.
24
Note: The
expressions
APS employee, SES employee and acting SES
25
employee are defined in the Acts Interpretation Act 1901.
26
(2) A delegate must comply with any written directions of the
27
Authority.
28
(3) The Authority must not delegate a function or power to an
29
associate Authority member unless the function or power relates to
30
a matter connected with:
31
(a) the review specified in the associate Authority member's
32
instrument of appointment; or
33
Climate Change Authority Part 2
Delegation Division 5
Section 40
Climate Change Authority Bill 2011 No. , 2011 23
(b) assisting the Climate Change Minister to prepare the
1
Commonwealth Government's response to recommendations
2
set out in a report of the review specified in the associate
3
Authority member's instrument of appointment.
4
5
Part 2 Climate Change Authority
Division 6 Chief Executive Officer of the Authority
Section 41
24 Climate Change Authority Bill 2011 No. , 2011
Division 6--Chief Executive Officer of the Authority
1
41 Establishment
2
There is to be a Chief Executive Officer of the Authority.
3
Note: In
this
Act,
CEO means the Chief Executive Officer of the
4
Authority--see section 4.
5
42 Role
6
(1) The CEO is responsible for the day-to-day administration of the
7
Authority.
8
(2) The CEO has power to do all things necessary or convenient to be
9
done for or in connection with the performance of his or her duties.
10
(3) The CEO is to act in accordance with the policies determined, and
11
any directions given, by the Authority.
12
43 Appointment
13
(1) The CEO is to be appointed by the Climate Change Minister.
14
(2) The appointment is to be made by written instrument.
15
(3) Before appointing a person as the CEO, the Climate Change
16
Minister must consult the Authority.
17
(4) The CEO holds office on a full-time basis.
18
(5) The CEO holds office for the period specified in the instrument of
19
appointment. The period must not exceed 5 years.
20
Note:
For reappointment, see the Acts Interpretation Act 1901.
21
44 Acting appointments
22
(1) The Climate Change Minister may appoint a person to act as the
23
CEO:
24
(a) during a vacancy in the office of the CEO (whether or not an
25
appointment has previously been made to the office); or
26
(b) during any period, or during all periods, when the CEO:
27
Climate Change Authority Part 2
Chief Executive Officer of the Authority Division 6
Section 45
Climate Change Authority Bill 2011 No. , 2011 25
(i) is absent from duty or from Australia; or
1
(ii) is, for any reason, unable to perform the duties of the
2
office.
3
(2) An appointment under subsection (1) is to be made by written
4
instrument.
5
Note:
For rules that apply to acting appointments, see sections 33AB and
6
33A of the Acts Interpretation Act 1901.
7
45 Outside employment
8
The CEO must not engage in paid employment outside the duties
9
of his or her office without the approval of the Climate Change
10
Minister.
11
46 Remuneration
12
(1) The CEO is to be paid the remuneration that is determined by the
13
Remuneration Tribunal. If no determination of that remuneration
14
by the Tribunal is in operation, the CEO is to be paid the
15
remuneration that is prescribed by the regulations.
16
(2) The CEO is to be paid the allowances that are prescribed by the
17
regulations.
18
(3) This section has effect subject to the Remuneration Tribunal Act
19
1973.
20
47 Leave
21
(1) The CEO has the recreation leave entitlements that are determined
22
by the Remuneration Tribunal.
23
(2) The Climate Change Minister may grant the CEO leave of absence,
24
other than recreation leave, on the terms and conditions as to
25
remuneration or otherwise that the Climate Change Minister
26
determines.
27
Part 2 Climate Change Authority
Division 6 Chief Executive Officer of the Authority
Section 48
26 Climate Change Authority Bill 2011 No. , 2011
48 Disclosure of interests
1
The CEO must give written notice to the Climate Change Minister
2
and the Authority of all interests, pecuniary or otherwise, that the
3
CEO has or acquires and that conflict or could conflict with the
4
proper performance of the CEO's duties.
5
49 Resignation
6
(1) The CEO may resign his or her appointment by giving the Climate
7
Change Minister a written resignation.
8
(2) The resignation takes effect on the day it is received by the Climate
9
Change Minister or, if a later day is specified in the resignation, on
10
that later day.
11
(3) If the CEO resigns, the Climate Change Minister must notify the
12
Authority of the resignation.
13
50 Termination of appointment
14
(1) The Climate Change Minister may terminate the appointment of
15
the CEO for misbehaviour or physical or mental incapacity.
16
(2) The Climate Change Minister must terminate the appointment of
17
the CEO if:
18
(a)
the
CEO:
19
(i) becomes bankrupt; or
20
(ii) applies to take the benefit of any law for the relief of
21
bankrupt or insolvent debtors; or
22
(iii) compounds with his or her creditors; or
23
(iv) makes an assignment of his or her remuneration for the
24
benefit of his or her creditors; or
25
(b) the CEO is absent, except on leave of absence, for 14
26
consecutive days or for 28 days in any 12 months; or
27
(c) the CEO fails, without reasonable excuse, to comply with
28
section 48; or
29
(d) the CEO engages, except with the approval of the Climate
30
Change Minister, in paid employment outside the duties of
31
his or her office (see section 45).
32
Climate Change Authority Part 2
Chief Executive Officer of the Authority Division 6
Section 51
Climate Change Authority Bill 2011 No. , 2011 27
(3) Before terminating the appointment of the CEO, the Climate
1
Change Minister must consult the Authority.
2
51 Other terms and conditions
3
The CEO holds office on the terms and conditions (if any) in
4
relation to matters not covered by this Act that are determined by
5
the Climate Change Minister.
6
7
Part 2 Climate Change Authority
Division 7 Staff of the Authority etc.
Section 52
28 Climate Change Authority Bill 2011 No. , 2011
Division 7--Staff of the Authority etc.
1
52 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 CEO and the staff of the Authority together constitute a
6
Statutory Agency; and
7
(b) the CEO is the Head of that Statutory Agency.
8
53 Persons assisting the Authority
9
The Authority may also be assisted:
10
(a) by officers and employees of Agencies (within the meaning
11
of the Public Service Act 1999); or
12
(b) by officers and employees of authorities of the
13
Commonwealth; or
14
(c) by officers and employees of a State or Territory; or
15
(d) by officers and employees of authorities of a State or
16
Territory;
17
whose services are made available to the Authority in connection
18
with the performance of any of its functions.
19
54 Consultants
20
(1) The Authority may engage persons having suitable qualifications
21
and experience as consultants to the Authority.
22
(2) The consultants are to be engaged on the terms and conditions that
23
the Authority determines in writing.
24
25
Climate Change Authority Part 2
Planning and reporting obligations Division 8
Section 55
Climate Change Authority Bill 2011 No. , 2011 29
Division 8--Planning and reporting obligations
1
55 Corporate plan
2
(1) The Authority must prepare a corporate plan at least once each
3
3-year period and give it to the Climate Change 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 Climate Change Minister
10
requires.
11
(4) The Chair of the Authority must keep the Climate Change Minister
12
informed about:
13
(a) changes to the plan; and
14
(b) matters that might significantly affect the achievement of the
15
objectives set out in the plan.
16
(5) The Climate Change Minister may give the Chair of the Authority
17
written guidelines that are to be used by the Chair in deciding
18
whether a matter is covered by paragraph (3)(c) or (4)(b).
19
(6) A guideline given under subsection (5) is not a legislative
20
instrument.
21
(7) The Authority must ensure that the first corporate plan is prepared
22
within 12 months after the commencement of this section.
23
56 Annual report
24
(1) The Authority must, as soon as practicable after the end of each
25
financial year, prepare and give to the Climate Change Minister,
26
for presentation to the Parliament, a report on its operations during
27
that year.
28
Note:
See also section 34C of the Acts Interpretation Act 1901, which
29
contains extra rules about annual reports.
30
Part 2 Climate Change Authority
Division 8 Planning and reporting obligations
Section 56
30 Climate Change Authority Bill 2011 No. , 2011
(2) A report under subsection (1) for a financial year must set out:
1
(a) a description of the objectives of the Authority; and
2
(b) an assessment of the extent to which the Authority's
3
operations during that year have achieved those objectives.
4
(3) An assessment under paragraph (2)(b) must be made against
5
performance indicators set out in the report.
6
(4) If this section does not commence at the start of a financial year,
7
the period:
8
(a) beginning at the commencement of this section; and
9
(b) ending at the end of 30 June after that commencement;
10
is taken, for the purposes of this section, to be a financial year.
11
12
Climate Change Authority Part 2
Other matters Division 9
Section 57
Climate Change Authority Bill 2011 No. , 2011 31
Division 9--Other matters
1
57 Climate Change Minister may give directions to the Authority
2
(1) The Climate Change Minister may, by legislative instrument, give
3
directions to the Authority in relation to the performance of its
4
functions and the exercise of its powers.
5
Note 1:
For variation and revocation, see subsection 33(3) of the Acts
6
Interpretation Act 1901.
7
Note 2:
Section 42 (disallowance) and Part 6 (sunsetting) of the Legislative
8
Instruments Act 2003 do not apply to the direction (see sections 44
9
and 54 of that Act).
10
(2) A direction under subsection (1) must be of a general nature only.
11
(3) Without limiting subsection (2), a direction under subsection (1)
12
must not relate to:
13
(a) the conduct of a particular review; or
14
(b) the content of a report of a particular review.
15
(4) A direction under subsection (1) must not be inconsistent with the
16
objects of:
17
(a)
the
Clean Energy Act 2011; or
18
(b)
the
Carbon Credits (Carbon Farming Initiative) Act 2011; or
19
(c)
the
National Greenhouse and Energy Reporting Act 2007; or
20
(d)
the
Renewable Energy (Electricity) Act 2000.
21
(5) The Authority must comply with a direction under subsection (1).
22
58 CEO not subject to direction by the Authority on certain matters
23
To avoid doubt, the CEO is not subject to direction by the
24
Authority in relation to the CEO's performance of functions, or
25
exercise of powers, under:
26
(a)
the
Financial Management and Accountability Act 1997; or
27
(b)
the
Public Service Act 1999;
28
in relation to the Authority.
29
30
Part 3 Special reviews
Section 59
32 Climate Change Authority Bill 2011 No. , 2011
Part 3--Special reviews
1
2
59 Special reviews to be conducted by the Authority at the request of
3
the Climate Change Minister or the Parliament
4
Scope
5
(1) This section applies if:
6
(a)
either:
7
(i) the Climate Change Minister, by written instrument
8
given to the Chair of the Authority, requests the
9
Authority to conduct a review under this section of such
10
matters relating to climate change as are specified in the
11
instrument; or
12
(ii) both Houses of the Parliament, by resolution, request
13
the Authority to conduct a review under this section of
14
such matters relating to climate change as are specified
15
in the resolution; and
16
(b) the matters specified in the instrument or resolution, as the
17
case may be, are covered by:
18
(i) any of the legislative powers of the Parliament; or
19
(ii) the executive power of the Commonwealth.
20
Review
21
(2) The Authority is to conduct a review of those matters.
22
Consultation
23
(3) In conducting a review, the Authority must make provision for
24
public consultation.
25
Instrument
26
(4) An instrument given under subparagraph (1)(a)(i) is not a
27
legislative instrument.
28
Special reviews Part 3
Section 60
Climate Change Authority Bill 2011 No. , 2011 33
60 Report of special review
1
(1) The Authority must:
2
(a) prepare a report of a review under section 59; and
3
(b) give the report to the Climate Change Minister; and
4
(c) as soon as practicable after giving the report to the Climate
5
Change Minister, publish the report on the Authority's
6
website.
7
(2) The Climate Change Minister must cause copies of the report to be
8
tabled in each House of the Parliament within 15 sitting days of
9
that House after receiving the report.
10
Recommendations
11
(3) The report may set out recommendations to the Commonwealth
12
Government.
13
(4) In formulating a recommendation that the Commonwealth
14
Government should take particular action, the Authority must
15
analyse the costs and benefits of that action.
16
(5) Subsection (4) does not prevent the Authority from taking other
17
matters into account in formulating a recommendation.
18
(6) If a report sets out one or more recommendations to the
19
Commonwealth Government, the report must set out the
20
Authority's reasons for those recommendations.
21
Government response to recommendations
22
(7) If a report sets out one or more recommendations to the
23
Commonwealth Government:
24
(a) as soon as practicable after receiving the report, the Climate
25
Change Minister must cause to be prepared a statement
26
setting out the Commonwealth Government's response to
27
each of the recommendations; and
28
(b) within 6 months after receiving the report, the Climate
29
Change Minister must cause copies of the statement to be
30
tabled in each House of the Parliament.
31
Part 3 Special reviews
Section 60
34 Climate Change Authority Bill 2011 No. , 2011
(8) The Commonwealth Government's response to the
1
recommendations may have regard to the views of the following:
2
(a)
the
Authority;
3
(b) such other persons as the Climate Change Minister considers
4
relevant.
5
6
Land Sector Carbon and Biodiversity Board Part 4
Board's establishment and functions Division 1
Section 61
Climate Change Authority Bill 2011 No. , 2011 35
Part 4--Land Sector Carbon and Biodiversity
1
Board
2
Division 1--Board's establishment and functions
3
61 Land Sector Carbon and Biodiversity Board
4
The Land Sector Carbon and Biodiversity Board is established.
5
62 Functions of the Board
6
(1) The Board has the following functions:
7
(a) to advise any or all of the relevant Ministers about:
8
(i) performance indicators for; and
9
(ii) the implementation of; and
10
(iii) the priorities for research in relation to;
11
prescribed measures that:
12
(iv) increase the land sector's resilience to climate change;
13
or
14
(v) improve long-term farm productivity; or
15
(vi) assist landholders and regional communities to benefit
16
from the reduction of greenhouse gas emissions from
17
the land sector; or
18
(vii) assist landholders and regional communities to benefit
19
from the sequestration of carbon in soil, in living
20
biomass, or in dead organic matter;
21
(b) to advise the Environment Minister about:
22
(i) performance indicators for; and
23
(ii) the implementation of; and
24
(iii) guidelines for the funding of;
25
Biodiversity Fund program measures that:
26
(iv) protect, manage or restore biodiverse ecosystems; or
27
(v) establish, protect, manage, improve or restore levels of
28
carbon sequestered in living biomass, or in dead organic
29
matter, so far as that living biomass or dead organic
30
matter, as the case may be, is in a biodiverse ecosystem;
31
Part 4 Land Sector Carbon and Biodiversity Board
Division 1 Board's establishment and functions
Section 63
36 Climate Change Authority Bill 2011 No. , 2011
(c) to advise any or all of the relevant Ministers about any other
1
matters that:
2
(i) are specified in a legislative instrument made by the
3
Environment Minister; and
4
(ii) relate to measures, or proposed measures, that assist the
5
land sector to deal with climate change;
6
(d) to do anything incidental to or conducive to the performance
7
of the above functions.
8
(2) For the purposes of this section, each of the following is a relevant
9
Minister:
10
(a) the Environment Minister;
11
(b) the Climate Change Minister;
12
(c) the Agriculture Minister.
13
63 Constitutional limits
14
The Board may perform its functions only:
15
(a) for purposes related to external affairs, including:
16
(i) for purposes related to giving effect to an international
17
agreement to which Australia is a party; and
18
(ii) for purposes related to addressing matters of
19
international concern; or
20
(b) for purposes related to the executive power of the
21
Commonwealth; or
22
(c) for purposes related to statistics; or
23
(d) for purposes related to a Territory; or
24
(e) with respect to a Commonwealth place (within the meaning
25
of the Commonwealth Places (Application of Laws) Act
26
1970); or
27
(f) for purposes related to trade and commerce:
28
(i) between Australia and places outside Australia; or
29
(ii) among the States; or
30
(iii) within a Territory, between a State and a Territory or
31
between 2 Territories; or
32
(g) for purposes related to a corporation to which paragraph
33
51(xx) of the Constitution applies; or
34
Land Sector Carbon and Biodiversity Board Part 4
Board's establishment and functions Division 1
Section 63
Climate Change Authority Bill 2011 No. , 2011 37
(h) by way of the provision of a service to:
1
(i) the Commonwealth; or
2
(ii) an authority of the Commonwealth;
3
for a purpose of the Commonwealth; or
4
(i) for purposes related to matters that are peculiarly adapted to
5
the government of a nation and that cannot otherwise be
6
carried on for the benefit of the nation; or
7
(j) for purposes related to matters incidental to the execution of
8
any of the legislative powers of the Parliament or the
9
executive power of the Commonwealth.
10
11
Part 4 Land Sector Carbon and Biodiversity Board
Division 2 Membership of the Board
Section 64
38 Climate Change Authority Bill 2011 No. , 2011
Division 2--Membership of the Board
1
64 Membership of the Board
2
The Board consists of the following members:
3
(a)
a
Chair;
4
(b) 4 other members.
5
65 Appointment of Board members
6
(1) Each Board member is to be appointed by the Environment
7
Minister and the Agriculture Minister by written instrument.
8
Note:
A Board member is eligible for reappointment: see the Acts
9
Interpretation Act 1901.
10
(2) A person is not eligible for appointment as a Board member unless
11
the Environment Minister and the Agriculture Minister are satisfied
12
that the person has:
13
(a) substantial experience or knowledge; and
14
(b)
significant
standing;
15
in at least one of the following fields:
16
(c)
agricultural
science;
17
(d) economics (including environmental economics);
18
(e)
conservation
ecology;
19
(f) greenhouse gas emissions measurement and reporting;
20
(g) greenhouse gas abatement measures;
21
(h)
public
administration;
22
(i)
business
management;
23
(j) the management or care of indigenous-held land (within the
24
meaning of the Aboriginal and Torres Strait Islander Act
25
2005).
26
(3) Before appointing a person as a Board member, the Environment
27
Minister and the Agriculture Minister must consult the Climate
28
Change Minister.
29
(4) A Board member holds office on a part-time basis.
30
Land Sector Carbon and Biodiversity Board Part 4
Membership of the Board Division 2
Section 66
Climate Change Authority Bill 2011 No. , 2011 39
66 Period of appointment for Board members
1
A Board member holds office for the period specified in the
2
instrument of appointment. The period must not exceed 5 years.
3
Note:
For reappointment, see the Acts Interpretation Act 1901.
4
67 Acting Board members
5
Acting Chair of Board
6
(1) The Environment Minister and the Agriculture Minister may
7
appoint a Board member to act as the Chair of the Board:
8
(a) during a vacancy in the office of the Board Chair (whether or
9
not an appointment has previously been made to the office);
10
or
11
(b) during any period, or during all periods, when the Chair of
12
the Board:
13
(i) is absent from duty or from Australia; or
14
(ii) is, for any reason, unable to perform the duties of the
15
office.
16
Acting Board member (other than the Chair)
17
(2) The Environment Minister and the Agriculture Minister may
18
appoint a person to act as a Board member (other than the Chair of
19
the Board):
20
(a) during a vacancy in the office of a Board member (other than
21
the Chair of the Board), whether or not an appointment has
22
previously been made to the office; or
23
(b) during any period, or during all periods, when a Board
24
member (other than the Chair of the Board):
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
Eligibility
29
(3) A person is not eligible for appointment to act as:
30
(a) the Chair of the Board; or
31
Part 4 Land Sector Carbon and Biodiversity Board
Division 2 Membership of the Board
Section 68
40 Climate Change Authority Bill 2011 No. , 2011
(b) a Board member (other than the Chair of the Board);
1
unless the person is eligible for appointment as a Board member.
2
Note 1:
See subsection 65(2).
3
Note 2:
For rules that apply to acting appointments, see sections 33AB and
4
33A of the Acts Interpretation Act 1901.
5
68 Procedures
6
(1) The regulations may prescribe the procedures to be followed at or
7
in relation to meetings of the Board, including matters relating to
8
the following:
9
(a) the convening of meetings of the Board;
10
(b) the number of Board members who are to constitute a
11
quorum;
12
(c) the selection of a Board member to preside at meetings of the
13
Board in the absence of the Chair of the Board;
14
(d) the manner in which questions arising at a meeting of the
15
Board are to be decided.
16
(2) A resolution is taken to have been passed at a meeting of the Board
17
if:
18
(a) without meeting, a majority of Board members indicate
19
agreement with the resolution in accordance with the method
20
determined by the Board under subsection (3); and
21
(b) all Board members were informed of the proposed resolution,
22
or reasonable efforts had been made to inform all Board
23
members of the proposed resolution.
24
(3) Subsection (2) applies only if the Board:
25
(a) determines that it applies; and
26
(b) determines the method by which Board members are to
27
indicate agreement with resolutions.
28
69 Disclosure of interests to the Environment Minister and the
29
Agriculture Minister
30
A Board member must give written notice to the Environment
31
Minister and the Agriculture Minister of all interests, pecuniary or
32
otherwise, that the Board member has or acquires and that conflict
33
Land Sector Carbon and Biodiversity Board Part 4
Membership of the Board Division 2
Section 70
Climate Change Authority Bill 2011 No. , 2011 41
or could conflict with the proper performance of the Board
1
member's functions.
2
70 Disclosure of interests to Board
3
(1) A Board member who has an interest, pecuniary or otherwise, in a
4
matter being considered or about to be considered by the Board
5
must disclose the nature of the interest to a meeting of the Board.
6
(2) The disclosure must be made as soon as possible after the relevant
7
facts have come to the Board member's knowledge.
8
(3) The disclosure must be recorded in the minutes of the meeting of
9
the Board.
10
(4) Unless the Board otherwise determines, the Board member:
11
(a) must not be present during any deliberation by the Board on
12
the matter; and
13
(b) must not take part in any decision of the Board with respect
14
to the matter.
15
(5) For the purposes of making a determination under subsection (4),
16
the Board member:
17
(a) must not be present during any deliberation of the Board for
18
the purpose of making the determination; and
19
(b) must not take part in making the determination.
20
(6) A determination under subsection (4) must be recorded in the
21
minutes of the meeting of the Board.
22
71 Outside employment
23
A Board member must not engage in any paid employment that
24
conflicts or may conflict with the proper performance of his or her
25
duties.
26
72 Remuneration and allowances
27
(1) A Board member is to be paid the remuneration that is determined
28
by the Remuneration Tribunal. If no determination of that
29
Part 4 Land Sector Carbon and Biodiversity Board
Division 2 Membership of the Board
Section 73
42 Climate Change Authority Bill 2011 No. , 2011
remuneration by the Tribunal is in operation, the Board member is
1
to be paid the remuneration that is prescribed by the regulations.
2
(2) A Board member is to be paid the allowances that are prescribed
3
by the regulations.
4
(3) This section has effect subject to the Remuneration Tribunal Act
5
1973.
6
73 Leave of absence
7
(1) The Environment Minister may grant leave of absence to the Chair
8
of the Board on the terms and conditions that the Environment
9
Minister determines.
10
(2) The Chair of the Board may grant leave of absence to a Board
11
member on the terms and conditions that the Chair determines.
12
74 Resignation
13
(1) A Board member may resign his or her appointment by giving the
14
Environment Minister or the Agriculture Minister a written
15
resignation.
16
(2) The resignation takes effect on the day it is received by the
17
Environment Minister or the Agriculture Minister (as the case may
18
be) or, if a later day is specified in the resignation, on that later
19
day.
20
75 Termination of appointment
21
(1) The Environment Minister and the Agriculture Minister may
22
terminate the appointment of a Board member for misbehaviour or
23
physical or mental incapacity.
24
(2) The Environment Minister and the Agriculture Minister may
25
terminate the appointment of a Board member if:
26
(a)
the
Board
member:
27
(i) becomes bankrupt; or
28
(ii) applies to take the benefit of any law for the relief of
29
bankrupt or insolvent debtors; or
30
Land Sector Carbon and Biodiversity Board Part 4
Membership of the Board Division 2
Section 76
Climate Change Authority Bill 2011 No. , 2011 43
(iii) compounds with his or her creditors; or
1
(iv) makes an assignment of remuneration for the benefit of
2
his or her creditors; or
3
(b) the Board member is absent, except on leave of absence, for
4
3 consecutive meetings of the Board; or
5
(c) the Board member engages in paid employment that conflicts
6
or may conflict with the proper performance of his or her
7
duties (see section 71); or
8
(d) the Board member fails, without reasonable excuse, to
9
comply with section 69 or 70.
10
(3) The Environment Minister and the Agriculture Minister may
11
terminate the appointment of a Board member if the Environment
12
Minister and the Agriculture Minister are of the opinion that the
13
performance of the Board member has been unsatisfactory.
14
(4) Before terminating the appointment of a Board member, the
15
Environment Minister and the Agriculture Minister must consult
16
the Climate Change Minister.
17
76 Other terms and conditions
18
A Board member holds office on the terms and conditions (if any)
19
in relation to matters not covered by this Act that are determined
20
by the Environment Minister.
21
22
Part 4 Land Sector Carbon and Biodiversity Board
Division 3 Assistance to Board
Section 77
44 Climate Change Authority Bill 2011 No. , 2011
Division 3--Assistance to Board
1
77 Assistance to Board
2
(1) Any or all of the following bodies:
3
(a) the Environment Department;
4
(b) any other Department, agency or authority of the
5
Commonwealth;
6
may assist the Board in the performance of its functions.
7
(2) The assistance may include the following:
8
(a) the provision of information;
9
(b) the provision of advice;
10
(c) the making available of resources and facilities (including
11
secretariat services and clerical assistance).
12
13
Land Sector Carbon and Biodiversity Board Part 4
Committees Division 4
Section 78
Climate Change Authority Bill 2011 No. , 2011 45
Division 4--Committees
1
78 Committees
2
(1) The Environment Minister may, with the agreement of the
3
Agriculture Minister, establish committees to advise or assist the
4
Board in the performance of its functions.
5
(2) A committee may be constituted:
6
(a) wholly by Board members; or
7
(b) wholly by persons who are not Board members; or
8
(c) partly by Board members and partly by other persons.
9
(3) Each member of a committee established under this section is to be
10
appointed by the Environment Minister and the Agriculture
11
Minister by written instrument.
12
(4) The Environment Minister may, with the agreement of the
13
Agriculture Minister, determine in writing, in relation to a
14
committee established under this section:
15
(a) the committee's terms of reference; and
16
(b) the terms and conditions of appointment of the members of
17
the committee; and
18
(c) the procedures to be followed by the committee.
19
79 Remuneration and allowances
20
Scope
21
(1) This section applies if a committee is established under section 78.
22
Remuneration and allowances
23
(2) A committee member is to be paid the remuneration that is
24
determined by the Remuneration Tribunal. If no determination of
25
that remuneration by the Tribunal is in operation, the member is to
26
be paid the remuneration that is prescribed by the regulations.
27
(3) A committee member is to be paid the allowances that are
28
prescribed by the regulations.
29
Part 4 Land Sector Carbon and Biodiversity Board
Division 4 Committees
Section 80
46 Climate Change Authority Bill 2011 No. , 2011
(4) This section has effect subject to the Remuneration Tribunal Act
1
1973.
2
80 Assistance to committees
3
(1) Any or all of the following bodies:
4
(a) the Environment Department;
5
(b) any other Department, agency or authority of the
6
Commonwealth;
7
may assist a committee established under section 78 in the
8
performance of its functions.
9
(2) The assistance may include the following:
10
(a) the provision of information;
11
(b) the provision of advice;
12
(c) the making available of resources and facilities (including
13
secretariat services and clerical assistance).
14
15
Land Sector Carbon and Biodiversity Board Part 4
Annual report Division 5
Section 81
Climate Change Authority Bill 2011 No. , 2011 47
Division 5--Annual report
1
81 Annual report
2
(1) The Board must, as soon as practicable after the end of each
3
financial year, prepare and give to the Environment Minister, for
4
presentation to the Parliament, a report on its operations during that
5
year.
6
Note:
See also section 34C of the Acts Interpretation Act 1901, which
7
contains extra rules about annual reports.
8
(2) If, in accordance with paragraph 62(1)(d), the Board makes an
9
assessment during a financial year of:
10
(a) the performance of a measure prescribed for the purposes of
11
paragraph 62(1)(a) against performance indicators; or
12
(b) the implementation of a measure prescribed for the purposes
13
of paragraph 62(1)(a); or
14
(c) the performance of a Biodiversity Fund program measure
15
referred to in paragraph 62(1)(b) against performance
16
indicators; or
17
(d) the implementation of a Biodiversity Fund program measure
18
referred to in paragraph 62(1)(b);
19
the Board's report for the financial year must include:
20
(e) a summary of that assessment; and
21
(f) a statement describing the contribution (if any) of the
22
performance and implementation of the measure in
23
advancing:
24
(i) the protection, management or restoration of land
25
biodiversity; and
26
(ii) the reduction of greenhouse gas emissions from the land
27
sector.
28
29
Part 5 Miscellaneous
Section 82
48 Climate Change Authority Bill 2011 No. , 2011
Part 5--Miscellaneous
1
2
82 Liability for damages
3
None of the following:
4
(a)
the
Authority;
5
(b) a delegate of the Authority;
6
(c) an Authority member;
7
(d) an associate Authority member;
8
(e)
the
CEO;
9
(f) a member of the staff of the Authority;
10
(g) a person whose services are made available to the Authority
11
under section 53;
12
(h) a person engaged as a consultant under section 54;
13
(i) a Board member;
14
(j) a member of a committee established under section 78;
15
is liable to an action or other proceeding for damages for, or in
16
relation to, an act or matter in good faith done or omitted to be
17
done in the performance or purported performance of any function,
18
or in the exercise or purported exercise of any power, conferred by:
19
(k) this Act; or
20
(l) Part 22 of the Clean Energy Act 2011; or
21
(m) section 306 of the Carbon Credits (Carbon Farming
22
Initiative) Act 2011; or
23
(n) section 76A or 76B of the National Greenhouse and Energy
24
Reporting Act 2007; or
25
(o) section 162 of the Renewable Energy (Electricity) Act 2000.
26
82A Transitional--validity of things done under appointments
27
under section 67
28
Anything done before the commencement of Schedule 1 to the Acts
29
Interpretation Amendment Act 2011 by or in relation to a person
30
purporting to act under an appointment under section 67 of this Act is
31
not invalid merely because:
32
(a) the occasion for the appointment had not arisen; or
33
Miscellaneous Part 5
Section 83
Climate Change Authority Bill 2011 No. , 2011 49
(b) there was a defect or irregularity in connection with the
1
appointment; or
2
(c) the appointment ceased to have effect; or
3
(d) the occasion to act had not arisen or had ceased.
4
83 Regulations
5
The Governor-General may make regulations prescribing matters:
6
(a) required or permitted by this Act to be prescribed; or
7
(b) necessary or convenient to be prescribed for carrying out or
8
giving effect to this Act.
9