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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
National Energy Transition Authority
Bill 2022
No. , 2022
(Senator Allman-Payne)
A Bill for an Act to establish the National Energy
Transition Authority, and for related purposes
No. , 2022
National Energy Transition Authority Bill 2022
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Objects ............................................................................................... 2
4
Simplified outline of this Act ............................................................ 3
5
Definitions ......................................................................................... 3
6
Crown to be bound ............................................................................ 4
7
Extension to external Territories ....................................................... 4
Part 2--National Energy Transition Authority
5
Division 1--Establishment
5
8
Establishment .................................................................................... 5
Division 2--Functions
6
9
Functions--general............................................................................ 6
10
Law reform functions ........................................................................ 6
11
Advice function ................................................................................. 8
12
Functions--constitutional limits ........................................................ 8
13
Functions--Minister may give directions .......................................... 9
14
Commonwealth consent to conferral of functions etc. on the National
Energy Transition Authority by State and Territory laws ................ 10
15
How duty is imposed on National Energy Transition Authority by
State and Territory laws ................................................................... 10
16
When State and Territory laws impose a duty on the National Energy
Transition Authority ........................................................................ 12
Division 3--Powers, privileges and immunities
13
17
National Energy Transition Authority's powers .............................. 13
18
National Energy Transition Authority does not have privileges and
immunities of the Crown ................................................................. 13
Part 3--Board of National Energy Transition Authority
14
Division 1--Establishment and functions
14
19
Establishment .................................................................................. 14
20
Functions of the Board .................................................................... 14
Division 2--Board Members
15
21
Membership ..................................................................................... 15
22
Appointment of Board members ..................................................... 15
23
Chair ................................................................................................ 16
24
Term of appointment ....................................................................... 16
ii
National Energy Transition Authority Bill 2022
No. , 2022
25
Acting appointments ........................................................................ 16
26
Remuneration .................................................................................. 17
27
Leave of absence ............................................................................. 17
28
Resignation of Board members ....................................................... 18
29
Termination of appointment of Board members .............................. 18
30
Other terms and conditions of Board members ............................... 18
Division 3--Meetings of the Board
19
31
Convening meetings ........................................................................ 19
32
Presiding at meetings ....................................................................... 19
33
Quorum............................................................................................ 19
34
Voting at meetings ........................................................................... 20
35
Conduct of meetings ........................................................................ 20
36
Minutes ............................................................................................ 20
37
Decisions without meetings ............................................................. 20
Part 4--Chief Executive Officer, staff and consultants and
committees
22
Division 1--Chief Executive Officer of National Energy Transition
Authority
22
38
Establishment .................................................................................. 22
39
Functions of the CEO ...................................................................... 22
40
Appointment .................................................................................... 22
41
Term of appointment ....................................................................... 23
42
Acting appointments ........................................................................ 23
43
Terms and conditions ...................................................................... 23
44
Outside employment ........................................................................ 24
45
Leave of absence ............................................................................. 24
46
Disclosure of interests ..................................................................... 24
47
Resignation ...................................................................................... 24
48
Termination of appointment ............................................................ 24
Division 2--Staff and consultants
26
49
Staff ................................................................................................. 26
50
Consultants ...................................................................................... 26
Division 3--Committees
27
51
Committees ...................................................................................... 27
52
Remuneration and allowances ......................................................... 27
Part 5--Finance
28
53
Money payable to the National Energy Transition Authority .......... 28
No. , 2022
National Energy Transition Authority Bill 2022
iii
54
Application of money by the National Energy Transition Authority
......................................................................................................... 28
55
Borrowing from the Commonwealth ............................................... 28
56
Borrowing from persons other than the Commonwealth ................. 29
57
Guarantee of borrowing ................................................................... 29
58
National Energy Transition Authority may give security ................ 29
59
National Energy Transition Authority may charge fees................... 30
60
Taxation ........................................................................................... 30
Part 6--Strategic plans and annual operational plans
31
61
Planning periods .............................................................................. 31
62
Strategic plans ................................................................................. 31
63
Annual operational plans ................................................................. 32
Part 7--Miscellaneous
34
64
Delegation by the National Energy Transition Authority ................ 34
65
Delegation by Board ........................................................................ 34
66
Delegation and subdelegation by CEO ............................................ 34
67
Rules ................................................................................................ 35
No. , 2022
National Energy Transition Authority Bill 2022
1
A Bill for an Act to establish the National Energy
1
Transition Authority, and for related purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act is the
National Energy Transition Authority Act 2022
.
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 3
2
National Energy Transition Authority Bill 2022
No. , 2022
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
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after the end of the period of 6
months beginning on the later of:
(a) the day this Act receives the Royal
Assent; and
(b) the day the Consolidated Revenue Fund
is appropriated under an Act to the
Department in which this Act is
administered for payment to the National
Energy Transition Authority.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Objects
10
The objects of this Act are:
11
(a) to create a new statutory authority, the National Energy
12
Transition Authority, to ensure that communities in affected
13
areas are supported during the transition to a new national
14
energy system; and
15
(b) to enable this new statutory authority to conduct forecasting
16
and coordinate a national approach to workforce planning,
17
energy system change and resource exports, as they relate to
18
transitioning to clean energy.
19
Preliminary
Part 1
Section 4
No. , 2022
National Energy Transition Authority Bill 2022
3
4 Simplified outline of this Act
1
This Act establishes the National Energy Transition Authority
2
which has law reform functions, an advice function, and is tasked
3
with planning and coordinating the transition to renewable energy,
4
with a specific mandate to facilitate new economic opportunities
5
for workers and communities who are currently involved in fossil
6
fuel production and associated industries.
7
5 Definitions
8
In this Act:
9
advice function
: see section 11.
10
Australia
, when used in a geographical sense, includes the external
11
Territories.
12
Board
means the Board of the National Energy Transition
13
Authority.
14
Board member
means a member of the Board (and includes the
15
Chair).
16
borrowing
includes raising money or obtaining credit, whether by
17
dealing in securities or otherwise, but does not include obtaining
18
credit in a transaction forming part of the day-to-day operations of
19
National Energy Transition Authority.
20
CEO
means the Chief Executive Officer of the National Energy
21
Transition Authority.
22
Chair
means the Chair of the Board.
23
Climate Change Convention
means the United Nations
24
Framework Convention on Climate Change done at New York on
25
9 May 1992, as amended and in force for Australia from time to
26
time.
27
Note:
The text of the Convention is in Australian Treaty Series 1994 No. 2
28
([1994] ATS 2) and could in 2022 be viewed in the Australian
29
Treaties Library on the AustLII website (www.austlii.edu.au).
30
Part 1
Preliminary
Section 6
4
National Energy Transition Authority Bill 2022
No. , 2022
Finance Minister
means the Minister administering the
Public
1
Governance, Performance and Accountability Act 2013
.
2
law reform functions
: see section 10.
3
paid work
means work for financial gain or reward (whether as an
4
employee, a self-employed person or otherwise).
5
rules
means the rules made under section 67.
6
6 Crown to be bound
7
This Act binds the Crown in each of its capacities.
8
7 Extension to external Territories
9
This Act extends to every external Territory.
10
National Energy Transition Authority
Part 2
Establishment
Division 1
Section 8
No. , 2022
National Energy Transition Authority Bill 2022
5
Part 2--National Energy Transition Authority
1
Division 1--Establishment
2
8 Establishment
3
(1) The National Energy Transition Authority is established by this
4
section.
5
(2) The National Energy Transition Authority:
6
(a) is a body corporate; and
7
(b) must have a seal; and
8
(c) may acquire, hold and dispose of real and personal property;
9
and
10
(d) may sue and be sued.
11
Note:
The
Public Governance, Performance and Accountability Act 2013
12
applies to the National Energy Transition Authority. That Act deals
13
with matters relating to corporate Commonwealth entities, including
14
reporting and the use and management of public resources.
15
(3) The National Energy Transition Authority's seal is to be kept in
16
such custody as the Board directs and must not be used except as
17
authorised by the Board.
18
(4) All courts, judges and persons acting judicially must:
19
(a) take judicial notice of the imprint of the seal of the National
20
Energy Transition Authority appearing on a document; and
21
(b) presume that the document was duly sealed.
22
Part 2
National Energy Transition Authority
Division 2
Functions
Section 9
6
National Energy Transition Authority Bill 2022
No. , 2022
Division 2--Functions
1
9 Functions--general
2
(1) The National Energy Transition Authority has the following
3
functions:
4
(a) its law reform functions (see section 10);
5
(b) its advice function (see section 11);
6
(c) to support communities and workers affected by the closure
7
of coal-fired power stations and coal mines to adapt,
8
including by:
9
(i) helping attract new public and private investment in
10
job-creating industries and social infrastructure in
11
affected areas; and
12
(ii) ensuring ongoing equivalent employment or social
13
services are provided in affected area;
14
(d) working with employers in relevant industries to encourage
15
workforce pooling, to enable workers to shift between
16
employers where skills and broadly transferable;
17
(e) planning with workers and relevant agencies to assist
18
workers nearing retirement age to transition to a voluntary,
19
financially secure retirement;
20
(f) any other functions conferred on the National Energy
21
Transition Authority by this Act or any other law of the
22
Commonwealth;
23
(g) to do anything incidental or conducive to the performance of
24
the above functions.
25
Note:
Other functions may be conferred on the National Energy Transition
26
Authority by State or Territory laws (see section 15).
27
(2) In performing its functions, the National Energy Transition
28
Authority must act in a proper, efficient and effective manner.
29
10 Law reform functions
30
(1) The National Energy Transition Authority's
law reform functions
31
are:
32
National Energy Transition Authority
Part 2
Functions
Division 2
Section 10
No. , 2022
National Energy Transition Authority Bill 2022
7
(a) to review Commonwealth, State and Territory laws relating
1
to mining, resources, industry policy, industrial relations,
2
electricity generation and related matters and propose
3
changes to those laws for the purpose of achieving the
4
functions outlined in subsection 9(1); and
5
(b) to consult with Commonwealth, State and Territory
6
governments about the proposed changes; and
7
(c) after consulting as mentioned in paragraph (b), to
8
recommend to the Minister changes to Commonwealth laws
9
for the purpose of achieving the functions outlined in
10
subsection 9(1); and
11
(d) to publish the results of reviews mentioned in paragraph (a),
12
and the changes recommended under paragraph (c), on its
13
website.
14
Complementary legislation desirable
15
(2) In proposing and consulting about changes under paragraph (1)(b),
16
the National Energy Transition Authority must have regard to the
17
desirability of the changes being implemented through
18
complementary Commonwealth, State and Territory legislation.
19
(3) If after consulting as mentioned in paragraph (1)(b), the National
20
Energy Transition Authority considers that it will not be possible
21
for the changes to be implemented through complementary
22
legislation, the recommendations mentioned in paragraph (1)(c)
23
must assume that the changes will be implemented entirely through
24
Commonwealth legislation.
25
Draft legislation to accompany recommendations to Minister
26
(4) The changes recommended under paragraph (1)(c) and published
27
under paragraph (1)(d) must be accompanied by draft legislation to
28
implement the changes.
29
When recommendations must be given to Minister
30
(5) The National Energy Transition Authority must give the Minister
31
recommendations for the purposes of paragraph (1)(c):
32
Part 2
National Energy Transition Authority
Division 2
Functions
Section 11
8
National Energy Transition Authority Bill 2022
No. , 2022
(a) within 12 months after the commencement of this section;
1
and
2
(b) at such other times as it thinks fit.
3
11 Advice function
4
(1) The National Energy Transition Authority's
advice function
is to
5
provide advice to the Minister and Commonwealth, State and local
6
governments, including advice about the following:
7
(a) the sources of renewable energy that should be used to
8
generate electricity at particular locations for the purpose of
9
achieving the functions outlined in subsection 9(1);
10
(b) whether a particular electricity generation project is likely to
11
achieve one or more of those objectives;
12
(c) models for guaranteeing returns on investment in relation to
13
electricity generation projects;
14
(d) workforce modelling and planning for energy and related
15
industries that are suited to a zero emissions economy, with
16
consideration of existing national, State Territory and
17
regional workforce trends;
18
(e) how communities and workers affected by the closure of
19
fossil fuel mines or coal-fired power stations can be worked
20
with to ensure equivalent employment opportunities and
21
social services are maintained, including by attracting new
22
industries to affected areas;
23
(f) how, and to what extent, emerging renewable energy and
24
related industries can replace existing exports of coal and
25
gas.
26
(2) The National Energy Transition Authority must publish any advice
27
given under subsection (1) on its website.
28
12 Functions--constitutional limits
29
The National Energy Transition Authority may perform its
30
functions under this Act only:
31
(a) for purposes relating to a corporation to which
32
paragraph 51(xx) of the Constitution applies; or
33
(b) for purposes related to external affairs, including:
34
National Energy Transition Authority
Part 2
Functions
Division 2
Section 13
No. , 2022
National Energy Transition Authority Bill 2022
9
(i) giving effect to an international agreement to which
1
Australia is a party; or
2
(ii) addressing matters of international concern; or
3
(iii) by way of the performance of its functions in a place
4
outside Australia; or
5
(c) for purposes relating to the collection of statistics; or
6
(d) for purposes relating to trade or commerce:
7
(i) between Australia and places outside Australia; or
8
(ii) among the States; or
9
(iii) within a Territory, between a State and a Territory or
10
between 2 Territories; or
11
(e) by way of the use of a postal, telegraphic, telephonic or other
12
like service within the meaning of paragraph 51(v) of the
13
Constitution; or
14
(f) by way of the provision of service, or financial assistance, to:
15
(i) the Commonwealth; or
16
(ii) an authority of the Commonwealth;
17
for a purpose of the Commonwealth; or
18
(g) for purposes relating to a Territory; or
19
(h) with respect to a Commonwealth place (within the meaning
20
of the
Commonwealth Places (Application of Laws) Act
21
1970
); or
22
(i) for purposes relating to the relations of the Commonwealth
23
with the islands of the Pacific; or
24
(j) for purposes relating to the implied power of the Parliament
25
to make laws with respect to nationhood; or
26
(k) for purposes relating to the executive power of the
27
Commonwealth; or
28
(l) for purposes relating to matters incidental to the execution of
29
any of the legislative powers of the Parliament or the
30
executive power of the Commonwealth.
31
13 Functions--Minister may give directions
32
(1) The Minister may give written directions to the National Energy
33
Transition Authority about the performance of its functions.
34
Part 2
National Energy Transition Authority
Division 2
Functions
Section 14
10
National Energy Transition Authority Bill 2022
No. , 2022
(2) Directions given by the Minister under subsection (1) must be of a
1
general nature only.
2
(3) National Energy Transition Authority must comply with any
3
direction given by the Minister under subsection (1).
4
(4) A direction given by the Minister under subsection (1) is not a
5
legislative instrument.
6
14 Commonwealth consent to conferral of functions etc. on the
7
National Energy Transition Authority by State and
8
Territory laws
9
(1) A law of a State or Territory may confer powers or functions, or
10
impose duties, on the National Energy Transition Authority.
11
Note:
Section 16 sets out when such a law imposes a duty on the National
12
Energy Transition Authority.
13
(2) Subsection (1) does not authorise the conferral of a power or
14
function, or the imposition of a duty, by a law of a State or
15
Territory to the extent to which:
16
(a) the conferral or imposition, or the authorisation, would
17
contravene any constitutional doctrines restricting the duties
18
that may be imposed on the National Energy Transition
19
Authority; or
20
(b) the authorisation would otherwise exceed the legislative
21
power of the Commonwealth.
22
(3) The National Energy Transition Authority cannot exercise a power,
23
or perform a duty or function, under a law of a State or Territory
24
without the written approval of the Minister.
25
15 How duty is imposed on National Energy Transition Authority
26
by State and Territory laws
27
Application
28
(1) This section applies if a law of a State or Territory purports to
29
impose a duty on the National Energy Transition Authority.
30
National Energy Transition Authority
Part 2
Functions
Division 2
Section 15
No. , 2022
National Energy Transition Authority Bill 2022
11
Note:
Section 16 sets out when such a law imposes a duty on the National
1
Energy Transition Authority.
2
State or Territory legislative power sufficient to support duty
3
(2) The duty is taken not to be imposed by this Act (or any other law
4
of the Commonwealth) to the extent to which:
5
(a) imposing the duty is within the legislative powers of the State
6
or Territory concerned; and
7
(b) imposing the duty by the law of the State or Territory is
8
consistent with the constitutional doctrines restricting the
9
duties that may be imposed on the National Energy
10
Transition Authority.
11
Note:
If this subsection applies, the duty will be taken to be imposed by
12
force of the law of the State or Territory (the Commonwealth having
13
consented under section 14 to the imposition of the duty by that law).
14
Commonwealth legislative power sufficient to support duty but
15
State or Territory legislative powers are not
16
(3) If, to ensure the validity of the purported imposition of the duty, it
17
is necessary that the duty be imposed by a law of the
18
Commonwealth (rather than by the law of the State or Territory),
19
the duty is taken to be imposed by this Act to the extent necessary
20
to ensure that validity.
21
(4) If, because of subsection (3), this Act is taken to impose the duty, it
22
is the intention of the Parliament to rely on all powers available to
23
it under the Constitution to support the imposition of the duty by
24
this Act.
25
(5) The duty is taken to be imposed by this Act in accordance with
26
subsection (3) only to the extent to which imposing the duty:
27
(a) is within the legislative powers of the Commonwealth; and
28
(b) is consistent with the constitutional doctrines restricting the
29
duties that may be imposed on the National Energy
30
Transition Authority.
31
(6) Subsections (1) to (5) do not limit section 14.
32
Part 2
National Energy Transition Authority
Division 2
Functions
Section 16
12
National Energy Transition Authority Bill 2022
No. , 2022
16 When State and Territory laws impose a duty on the National
1
Energy Transition Authority
2
For the purposes of sections 14 and 15, a law of a State or Territory
3
imposes a duty on National Energy Transition Authority if:
4
(a) the law confers a power or function on National Energy
5
Transition Authority; and
6
(b) the circumstances in which the power or function is
7
conferred give rise to an obligation on National Energy
8
Transition Authority to exercise the power or to perform the
9
function.
10
National Energy Transition Authority
Part 2
Powers, privileges and immunities
Division 3
Section 17
No. , 2022
National Energy Transition Authority Bill 2022
13
Division 3--Powers, privileges and immunities
1
17 National Energy Transition Authority's powers
2
(1) The National Energy Transition Authority has power to do all
3
things necessary or convenient to be done for or in connection with
4
the performance of its functions.
5
(2) The National Energy Transition Authority's powers include, but
6
are not limited to, the following powers:
7
(a) the power to enter into contracts;
8
(b) the power to erect buildings;
9
(c) the power to occupy, use and control any land or building
10
owned or held under lease by the Commonwealth and made
11
available for the purposes of the National Energy Transition
12
Authority;
13
(d) the power to acquire, hold and dispose of real or personal
14
property;
15
(e) the power to provide financial assistance (whether by way of
16
loan, grant, investment, award or otherwise and whether on
17
commercial terms or otherwise);
18
(f) the power to provide guarantees;
19
(g) the power to raise money, by borrowing or otherwise;
20
(h) the power to provide or administer services, facilities,
21
programs or equipment;
22
(i) the power to do anything incidental to any of its powers.
23
(3) The powers of the National Energy Transition Authority may be
24
exercised within or outside Australia.
25
18 National Energy Transition Authority does not have privileges
26
and immunities of the Crown
27
The National Energy Transition Authority does not have the
28
privileges and immunities of the Crown in right of the
29
Commonwealth.
30
Part 3
Board of National Energy Transition Authority
Division 1
Establishment and functions
Section 19
14
National Energy Transition Authority Bill 2022
No. , 2022
Part 3--Board of National Energy Transition
1
Authority
2
Division 1--Establishment and functions
3
19 Establishment
4
There is to be a Board of the National Energy Transition Authority.
5
20 Functions of the Board
6
(1) The functions of the Board are:
7
(a) to decide strategies and policies to be followed by the
8
National Energy Transition Authority; and
9
(b) to ensure the proper, efficient and effective performance of
10
the National Energy Transition Authority's functions; and
11
(c) any other functions conferred on the Board by this Act.
12
(2) The Board has the power to do all things necessary or convenient
13
to be done for or in connection with the performance of its
14
functions.
15
(3) Anything done in the name of, or on behalf of, the National Energy
16
Transition Authority by the Board, or with the authority of the
17
Board, is taken to have been done by the National Energy
18
Transition Authority.
19
(4) If a function or power of the National Energy Transition Authority
20
is dependent on the opinion, belief or state of mind of the National
21
Energy Transition Authority in relation to a matter, the function or
22
power may be performed or exercised upon the opinion, belief or
23
state of mind of a person or body acting as mentioned in
24
subsection (3) in relation to that matter.
25
Board of National Energy Transition Authority
Part 3
Board Members
Division 2
Section 21
No. , 2022
National Energy Transition Authority Bill 2022
15
Division 2--Board Members
1
21 Membership
2
The Board consists of:
3
(a) the Chair; and
4
(b) at least 4, and no more than 6, other members.
5
22 Appointment of Board members
6
(1) Board members are to be appointed:
7
(a) by the Minister by written instrument; and
8
(b) on a part-time basis.
9
(2) A person is not eligible for appointment as a Board member unless
10
the Minister is satisfied that the person has:
11
(a) substantial experience or expertise; and
12
(b) professional credibility and significant standing;
13
in at least one of the following fields:
14
(c) energy technologies;
15
(d) engineering;
16
(e) economics;
17
(f) workplace planning;
18
(g) industry transition planning;
19
(h) government funding programs or bodies;
20
(i) zero carbon industry or economy;
21
(j) industrial relations;
22
(k) financial accounting;
23
(l) work in coal and/or gas mining.
24
(3) The following persons are not eligible for appointment as a Board
25
member:
26
(a) an employee of the Commonwealth;
27
(b) the holder of a full-time office under a law of the
28
Commonwealth.
29
Part 3
Board of National Energy Transition Authority
Division 2
Board Members
Section 23
16
National Energy Transition Authority Bill 2022
No. , 2022
23 Chair
1
The Minister must, by writing, appoint one Board member to be
2
the Chair.
3
24 Term of appointment
4
A Board member holds office for the period specified in the
5
instrument of appointment. The period must not be more than 5
6
years.
7
Note:
A Board member is eligible for reappointment: see section 33AA of
8
the
Acts Interpretation Act 1901
.
9
25 Acting appointments
10
(1) The Minister may, by written instrument, appoint a Board member
11
to act as the Chair:
12
(a) during a vacancy in the office of Chair (whether or not an
13
appointment has previously been made to the office); or
14
(b) during any period, or during all periods, when the Chair:
15
(i) is absent from duty or from Australia; or
16
(ii) is, for any reason, unable to perform the duties of the
17
office.
18
(2) The Minister may, by written instrument, appoint a person to act as
19
a Board member (other than the Chair):
20
(a) during a vacancy in the office of a Board member (other than
21
the Chair) whether or not an appointment has previously
22
been made to the office; or
23
(b) during any period, or during all periods, when a Board
24
member (other than the Chair):
25
(i) is absent from duty or from Australia; or
26
(ii) is, for any reason, unable to perform the duties of the
27
office.
28
Note:
Sections 33AB and 33A of the
Acts Interpretation Act 1901
have rules
29
that apply to acting appointments.
30
Board of National Energy Transition Authority
Part 3
Board Members
Division 2
Section 26
No. , 2022
National Energy Transition Authority Bill 2022
17
(3) A person is not eligible for appointment to act as a Board member
1
unless the person is eligible for appointment as a Board member
2
under section 22.
3
(4) For the purposes of a reference in:
4
(a) this Act to a
vacancy
in the office of a Board member; or
5
(b) the
Acts Interpretation Act 1901
to a
vacancy
in the
6
membership of a body;
7
there are taken to be 6 Board member offices in addition to the
8
Chair.
9
26 Remuneration
10
(1) A Board member is to be paid the remuneration that is determined
11
by the Remuneration Tribunal. If no determination of that
12
remuneration by the Tribunal is in operation, the member is to be
13
paid the remuneration that is prescribed by the rules.
14
(2) A Board member is to be paid the allowances that are prescribed
15
by the rules.
16
(3) This section has effect subject to the
Remuneration Tribunal Act
17
1973
.
18
27 Leave of absence
19
Chair
20
(1) The Minister may grant leave of absence to the Chair on the terms
21
and conditions that the Minister determines.
22
Other Board members
23
(2) The Chair may grant leave of absence to another Board member on
24
the terms and conditions that the Chair determines.
25
(3) The Chair must notify the Minister if the Chair grants a Board
26
member leave of absence for a period that exceeds 3 months.
27
Part 3
Board of National Energy Transition Authority
Division 2
Board Members
Section 28
18
National Energy Transition Authority Bill 2022
No. , 2022
28 Resignation of Board members
1
(1) A Board member may resign his or her appointment by giving the
2
Minister a written resignation.
3
(2) The resignation takes effect on the day it is received by the
4
Minister, if a later day is specified in the resignation, on that later
5
day.
6
29 Termination of appointment of Board members
7
The Minister may terminate the appointment of a Board member:
8
(a) for misbehaviour; or
9
(b) if the member is unable to perform the duties of his or her
10
office because of physical or mental incapacity; or
11
(c) if the member:
12
(i) becomes bankrupt; or
13
(ii) applies to take the benefit of any law for the relief of
14
bankrupt or insolvent debtors; or
15
(iii) compounds with his or her creditors; or
16
(iv) makes an assignment of his or her remuneration for the
17
benefit of his or her creditors; or
18
(d) if the member is absent, except on leave of absence, from 3
19
consecutive meetings of the Board; or
20
(e) if the Minister is satisfied that the performance of the Board
21
member has been unsatisfactory for a significant period.
22
30 Other terms and conditions of Board members
23
A Board member holds office on the terms and conditions (if any)
24
in relation to matters not covered by this Act that are determined
25
by the Minister.
26
Board of National Energy Transition Authority
Part 3
Meetings of the Board
Division 3
Section 31
No. , 2022
National Energy Transition Authority Bill 2022
19
Division 3--Meetings of the Board
1
31 Convening meetings
2
(1) The Board must hold the meetings that are necessary for the
3
efficient performance of its functions.
4
(2) Meetings are to be held at the times and places that the Board
5
determines.
6
Note:
See also section 33B of the
Acts Interpretation Act 1901
, which
7
contains extra rules about meetings by telephone etc.
8
(3) The Chair:
9
(a) may convene a meeting; and
10
(b) must convene at least 6 meetings each calendar year; and
11
(c) must convene a meeting within 30 days of receiving a written
12
request to do so from another Board member.
13
32 Presiding at meetings
14
(1) The Chair must preside at all meetings at which he or she is
15
present.
16
(2) If the Chair is not present at a meeting, the other Board members
17
present must appoint one of themselves to preside.
18
33 Quorum
19
(1) At a meeting of the Board, a quorum is constituted by:
20
(a) 4 Board members; or
21
(b) at any time when there are only 5 Board members--3 Board
22
members.
23
(2) However, if:
24
(a) a Board member is required by rules made for the purposes
25
of section 29 of the
Public Governance, Performance and
26
Accountability Act 2013
not to be present during the
27
deliberations, or to take part in any decision, of the Board
28
with respect to a particular matter; and
29
Part 3
Board of National Energy Transition Authority
Division 3
Meetings of the Board
Section 34
20
National Energy Transition Authority Bill 2022
No. , 2022
(b) when the member leaves the meeting concerned there is no
1
longer a quorum present;
2
the remaining members at the meeting constitute a quorum for the
3
purpose of any deliberation or decision at that meeting with respect
4
to that matter.
5
34 Voting at meetings
6
(1) A question arising at a meeting is to be determined by a majority of
7
the votes of the Board members present and voting.
8
(2) The person presiding at a meeting has a deliberative vote and, in
9
the event of an equality of votes, a casting vote.
10
35 Conduct of meetings
11
The Board may regulate proceedings at its meetings as it considers
12
appropriate.
13
Note:
Section 33B of the
Acts Interpretation Act 1901
contains further
14
information about the ways in which Board members may participate
15
in meetings.
16
36 Minutes
17
The Board must keep minutes of its meetings.
18
37 Decisions without meetings
19
(1) The Board is taken to have made a decision at a meeting if:
20
(a) without meeting, a majority of the Board members entitled to
21
vote on the proposed decision indicate agreement with the
22
decision; and
23
(b) that agreement is indicated in accordance with the method
24
determined by the Board under subsection (2); and
25
(c) all the Board members were informed of the proposed
26
decision, or reasonable efforts were made to inform all the
27
members of the proposed decision.
28
(2) Subsection (1) applies only if the Board:
29
Board of National Energy Transition Authority
Part 3
Meetings of the Board
Division 3
Section 37
No. , 2022
National Energy Transition Authority Bill 2022
21
(a) has determined that it may make decisions of that kind
1
without meeting; and
2
(b) has determined the method by which Board members are to
3
indicate agreement with proposed decisions.
4
(3) For the purposes of paragraph (1)(a), a Board member is not
5
entitled to vote on a proposed decision if the member would not
6
have been entitled to vote on that proposal if the matter had been
7
considered at a meeting of the Board.
8
(4) The Board must keep a record of decisions made in accordance
9
with this section.
10
Part 4
Chief Executive Officer, staff and consultants and committees
Division 1
Chief Executive Officer of National Energy Transition Authority
Section 38
22
National Energy Transition Authority Bill 2022
No. , 2022
Part 4--Chief Executive Officer, staff and
1
consultants and committees
2
Division 1--Chief Executive Officer of National Energy
3
Transition Authority
4
38 Establishment
5
There is to be a Chief Executive Officer of the National Energy
6
Transition Authority.
7
39 Functions of the CEO
8
(1) The CEO is responsible for the day-to-day administration of the
9
National Energy Transition Authority.
10
(2) The CEO has power to do all things necessary or convenient to be
11
done for or in connection with the performance of his or her duties.
12
(3) The CEO is to act in accordance with policies determined, and any
13
directions given, by the Board.
14
(4) All acts and things done in the name of, or on behalf of, the
15
National Energy Transition Authority by the CEO, or with the
16
authority of the CEO, are taken to have been done by the National
17
Energy Transition Authority.
18
(5) If a function or power of the National Energy Transition Authority
19
is dependent on the opinion, belief or state of mind of the National
20
Energy Transition Authority in relation to a matter, the function or
21
power may be performed or exercised upon the opinion, belief or
22
state of mind of a person or body acting as mentioned in
23
subsection (4) in relation to that matter.
24
(6) If a policy or direction under subsection (3) is in writing, the policy
25
or direction is not a legislative instrument.
26
40 Appointment
27
(1) The CEO is to be appointed by the Board.
28
Chief Executive Officer, staff and consultants and committees
Part 4
Chief Executive Officer of National Energy Transition Authority
Division 1
Section 41
No. , 2022
National Energy Transition Authority Bill 2022
23
(2) The CEO is to be appointed:
1
(a) by written instrument; and
2
(b) on a full-time
basis.
3
(3) The CEO must not be a Board member.
4
(4) The Board must appoint the first CEO no later than 6 months after
5
the commencement of this section.
6
41 Term of appointment
7
The CEO holds office for the period specified in the instrument of
8
appointment. The period must not exceed 5 years.
9
Note:
The CEO is eligible for reappointment: see section 33AA of the
Acts
10
Interpretation Act 1901
.
11
42 Acting appointments
12
The Board may, by written instrument, appoint a person (other than
13
a Board member) to act as the CEO:
14
(a) during a vacancy in the office of the CEO (whether or not an
15
appointment has previously been made to the office); or
16
(b) during any period, or during all periods, when the CEO:
17
(i) is absent from duty or from Australia; or
18
(ii) is, for any reason, unable to perform the duties of the
19
office.
20
Note:
Sections 33AB and 33A of the
Acts Interpretation Act 1901
have rules
21
that apply to acting appointments.
22
43 Terms and conditions
23
The CEO holds office on the terms and conditions (including terms
24
and conditions relating to remuneration and allowances) in relation
25
to matters not covered by this Act that are determined by the
26
Board.
27
Part 4
Chief Executive Officer, staff and consultants and committees
Division 1
Chief Executive Officer of National Energy Transition Authority
Section 44
24
National Energy Transition Authority Bill 2022
No. , 2022
44 Outside employment
1
The CEO must not engage in paid work outside the duties of his or
2
her office without the Chair's approval.
3
45 Leave of absence
4
(1) The CEO has the recreation leave entitlements that are determined
5
by the Remuneration Tribunal.
6
(2) The Chair may grant the CEO leave of absence, other than
7
recreation leave, on the terms and conditions as to remuneration or
8
otherwise that the Chair determines.
9
46 Disclosure of interests
10
(1) A disclosure by the CEO under section 29 of the
Public
11
Governance, Performance and Accountability Act 2013
(which
12
deals with the duty to disclose interests) must be made to the
13
Board.
14
(2) Subsection (1) applies in addition to any rules made for the
15
purposes of that section.
16
(3) For the purposes of this Act and the
Public Governance,
17
Performance and Accountability Act 2013
, the CEO is taken not to
18
have complied with section 29 of that Act if the CEO does not
19
comply with subsection (1) of this section.
20
47 Resignation
21
(1) The CEO may resign his or her appointment by giving the Chair a
22
written resignation.
23
(2) The resignation takes effect on the day it is received by the Chair
24
or, if a later day is specified in the resignation, on that later day.
25
48 Termination of appointment
26
(1) The Board may terminate the appointment of the CEO:
27
(a) for misbehaviour; or
28
Chief Executive Officer, staff and consultants and committees
Part 4
Chief Executive Officer of National Energy Transition Authority
Division 1
Section 48
No. , 2022
National Energy Transition Authority Bill 2022
25
(b) if the CEO is unable to perform the duties of his or her office
1
because of physical or mental incapacity.
2
(2) The Board may terminate the appointment of the CEO if:
3
(a) the CEO:
4
(i) becomes bankrupt; or
5
(ii) takes steps to take the benefit of any law for the relief of
6
bankrupt or insolvent debtors; or
7
(iii) compounds with one or more of his or her creditors; or
8
(iv) makes an assignment of his or her remuneration for the
9
benefit of one or more of his or her creditors; or
10
(b) the CEO is absent, except on leave of absence, for 14
11
consecutive days or for 28 days in any 12 months; or
12
(c) the CEO engages, except with the Board's approval, in paid
13
work outside the duties of his or her office (see section 45);
14
or
15
(d) the CEO fails, without reasonable excuse, to comply with
16
section 29 of the
Public Governance, Performance and
17
Accountability Act 2013
(which deals with the duty to
18
disclose interests) or rules made for the purposes of that
19
section.
20
Part 4
Chief Executive Officer, staff and consultants and committees
Division 2
Staff and consultants
Section 49
26
National Energy Transition Authority Bill 2022
No. , 2022
Division 2--Staff and consultants
1
49 Staff
2
(1) The National Energy Transition Authority may employ such
3
persons as it considers necessary for the performance of its
4
functions and the exercise of its powers.
5
(2) An employee is to be employed on the terms and conditions that
6
the National Energy Transition Authority determines in writing.
7
(3) The National Energy Transition Authority may arrange with an
8
Agency Head (within the meaning of the
Public Service Act 1999
)
9
or with a body established for a public purpose by a law of the
10
Commonwealth for the services of officers or employees of the
11
Agency or body to be made available to the National Energy
12
Transition Authority.
13
(4) The National Energy Transition Authority may enter into an
14
arrangement with the appropriate authority of a State or Territory
15
for the services of officers or employees of the Public Service of
16
the State or Territory, or of a State or Territory statutory authority,
17
to be made available to the National Energy Transition Authority.
18
50 Consultants
19
(1) The National Energy Transition Authority may engage consultants
20
to assist in the performance of its functions.
21
(2) The consultants are to be engaged on the terms and conditions that
22
the National Energy Transition Authority determines.
23
Chief Executive Officer, staff and consultants and committees
Part 4
Committees
Division 3
Section 51
No. , 2022
National Energy Transition Authority Bill 2022
27
Division 3--Committees
1
51 Committees
2
(1) The Board may establish committees to advise or assist in the
3
performance of the Board's or the National Energy Transition
4
Authority's 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) The Board may determine, in relation to a committee established
10
under this section:
11
(a) the committee's terms of reference; and
12
(b) the terms and conditions of appointment of the members of
13
the committee; and
14
(c) the procedures to be followed by the committee.
15
52 Remuneration and allowances
16
(1) If the Board decides that a committee member who is also a Board
17
member is to be remunerated in relation to his or her committee
18
membership, the committee member is to be paid the remuneration
19
that is determined by the Remuneration Tribunal. If no
20
determination of that remuneration by the Tribunal is in operation,
21
the committee member is to be paid the remuneration that is
22
prescribed by the rules.
23
(2) A committee member who is a Board member is to be paid the
24
allowances that are prescribed by the rules.
25
(3) Subsections (1) and (2) have effect subject to the
Remuneration
26
Tribunal Act 1973
.
27
(4) If the Board decides that a committee member other than a Board
28
member is to be remunerated, the committee member is to be paid
29
the remuneration and allowances determined by the National
30
Energy Transition Authority in writing.
31
Part 5
Finance
Section 53
28
National Energy Transition Authority Bill 2022
No. , 2022
Part 5--Finance
1
2
53 Money payable to the National Energy Transition Authority
3
(1) There is payable to the National Energy Transition Authority such
4
money as is appropriated by the Parliament for the purposes of the
5
National Energy Transition Authority.
6
(2) The Finance Minister may give directions about the amounts in
7
which, and the times at which, money payable under subsection (1)
8
is to be paid to the National Energy Transition Authority.
9
(3) If a direction under subsection (2) is given in writing, the direction
10
is not a legislative instrument.
11
54 Application of money by the National Energy Transition
12
Authority
13
(1) The money of the National Energy Transition Authority is to be
14
applied only:
15
(a) in payment or discharge of the costs, expenses and other
16
obligations incurred or undertaken by the National Energy
17
Transition Authority in the performance of its functions and
18
the exercise of its powers; and
19
(b) in payment of any remuneration or allowances payable under
20
this Act.
21
(2) Subsection (1) does not prevent investment, under section 59 of the
22
Public Governance, Performance and Accountability Act 2013
, of
23
money that is not immediately required for the purposes of the
24
National Energy Transition Authority.
25
55 Borrowing from the Commonwealth
26
The Finance Minister may, on behalf of the Commonwealth, out of
27
money appropriated by the Parliament for the purpose, lend money
28
to the National Energy Transition Authority on such terms and
29
conditions as the Minister determines in writing.
30
Finance
Part 5
Section 56
No. , 2022
National Energy Transition Authority Bill 2022
29
56 Borrowing from persons other than the Commonwealth
1
(1) The National Energy Transition Authority may, with the written
2
approval of the Treasurer, borrow money from persons other than
3
the Commonwealth on terms and conditions specified in, or
4
consistent with, the approval.
5
(2) Money may be borrowed wholly or partly in foreign currency.
6
Note:
See also section 57 of the
Public Governance, Performance and
7
Accountability Act 2013
.
8
57 Guarantee of borrowing
9
(1) The Treasurer may, on behalf of the Commonwealth, enter into a
10
contract guaranteeing the performance by the National Energy
11
Transition Authority of obligations incurred by it under section 56.
12
(2) If the Treasurer determines in writing that obligations incurred by
13
the National Energy Transition Authority under that section are
14
guaranteed by the Commonwealth, the obligations are so
15
guaranteed by force of this subsection.
16
(3) A contract under subsection (1) may include:
17
(a) a provision agreeing that proceedings under the contract may
18
be taken in courts of a foreign country; or
19
(b) a provision waiving the immunity of the Commonwealth
20
from suit in courts of a foreign country.
21
58 National Energy Transition Authority may give security
22
The National Energy Transition Authority may give security over
23
the whole or part of its assets for:
24
(a) the performance by the National Energy Transition Authority
25
of any obligation incurred under section 55 or 56; or
26
(b) the payment to the Commonwealth of amounts equal to
27
amounts paid by the Commonwealth under a guarantee under
28
section 57.
29
Part 5
Finance
Section 59
30
National Energy Transition Authority Bill 2022
No. , 2022
59 National Energy Transition Authority may charge fees
1
(1) The National Energy Transition Authority may charge a fee in
2
relation to anything done in performing its functions.
3
(2) A fee must not be such as to amount to taxation.
4
60 Taxation
5
The National Energy Transition Authority is not subject to taxation
6
under any law of the Commonwealth or of a State or Territory.
7
Note:
Despite this section, the National Energy Transition Authority may be
8
subject to taxation under certain laws (see, for example, section 177-5
9
of the
A New Tax System (Goods and Services Tax) Act 1999
and
10
section 66 of the
Fringe Benefits Tax Assessment Act 1986
).
11
Strategic plans and annual operational plans
Part 6
Section 61
No. , 2022
National Energy Transition Authority Bill 2022
31
Part 6--Strategic plans and annual operational
1
plans
2
3
61 Planning periods
4
(1) In this Part, planning period means a period not exceeding 5 years
5
that the Board declares to be a planning period for the purposes of
6
this Part.
7
(2) The Board shall cause a copy of each declaration made under
8
subsection (1) to be given to the Minister.
9
(3) Where:
10
(a) the Board declares a period (in this subsection referred to as
11
the first period) to be a planning period for the purposes of
12
this Part; and
13
(b) the Board subsequently declares a period (in this subsection
14
referred to as the second period) commencing during the first
15
period and ending after the end of the first period to be a
16
planning period for the purposes of this Part;
17
the following plans cease to have effect on the commencement of
18
the second period:
19
(c) the strategic plan relating to the first period;
20
(d) an annual operational plan relating to the strategic plan
21
referred to in paragraph (c).
22
62 Strategic plans
23
(1) The Board shall:
24
(a) before the commencement of each planning period, formulate
25
a strategic plan, for the planning period concerned, setting
26
out:
27
(i) the broad objectives of the National Energy Transition
28
Authority in performing its functions during the
29
planning period; and
30
Part 6
Strategic plans and annual operational plans
Section 63
32
National Energy Transition Authority Bill 2022
No. , 2022
(ii) a broad outline of the policies and strategies to be
1
pursued by the National Energy Transition Authority to
2
achieve those objectives; and
3
(iii) the policies and strategies to be pursued in achieving the
4
new energy objectives and the functions outlined in
5
subsection 9(1).
6
(b) from time to time, review and revise the strategic plan.
7
(2) A strategic plan, or a revision of a strategic plan, shall be submitted
8
to the Minister as soon as practicable after it is formulated and
9
before it comes into effect.
10
63 Annual operational plans
11
(1) The Chief Executive Officer shall:
12
(a) before the commencement of each financial year that is
13
included in a planning period, formulate an annual
14
operational plan, for the financial year concerned, setting out
15
the details of:
16
(i) the strategies the National Energy Transition Authority
17
proposes to pursue;
18
(ii) the activities the National Energy Transition Authority
19
proposes to carry out; and
20
(iii) the resources the National Energy Transition Authority
21
proposes to allocate to each such activity;
22
during the financial year in giving effect to the strategic plan that
23
relates, or the intended strategic plan that will relate, to the
24
financial year; and
25
(b) from time to time, review and revise the annual operational
26
plan.
27
(2) An annual operational plan, or a revision of an annual operational
28
plan:
29
(a) shall be submitted to the Board as soon as practicable after it
30
is formulated; and
31
(b) has no effect until approved by the Board.
32
(3) Where a part only of a financial year is included in a particular
33
planning period, subsection (1) applies to that part of the year as if
34
Strategic plans and annual operational plans
Part 6
Section 63
No. , 2022
National Energy Transition Authority Bill 2022
33
a reference in that subsection to a financial year were a reference to
1
that part of the year.
2
Part 7
Miscellaneous
Section 64
34
National Energy Transition Authority Bill 2022
No. , 2022
Part 7--Miscellaneous
1
2
64 Delegation by the National Energy Transition Authority
3
(1) The National Energy Transition Authority, in writing under its
4
seal, delegate all or any of its powers or functions under this Act
5
to:
6
(a) a Board member; or
7
(b) the CEO.
8
(2) In exercising any powers or performing any functions under the
9
delegation, the delegate must comply with any directions of the
10
National Energy Transition Authority.
11
65 Delegation by Board
12
(1) The Board may, in writing, delegate to a Board member or the
13
CEO any of its powers or functions under this Act.
14
(2) In exercising any powers or performing any functions under the
15
delegation, the delegate must comply with any directions of the
16
Board.
17
66 Delegation and subdelegation by CEO
18
(1) The CEO may, in writing, delegate to a senior member of the staff
19
referred to in section 49 any of the CEO's powers or functions
20
under this Act.
21
(2) If the National Energy Transition Authority or the Board delegates
22
a power or function under subsection 64(1) or 65(1) to the CEO,
23
the CEO may, in writing, subdelegate the power or function to a
24
senior member of the staff referred to in section 49.
25
(3) In exercising any powers or performing any functions under the
26
delegation or subdelegation, the delegate or subdelegate must
27
comply with any directions of the CEO.
28
Miscellaneous
Part 7
Section 67
No. , 2022
National Energy Transition Authority Bill 2022
35
(4) Sections 34AA, 34AB and 34A of the
Acts Interpretation Act 1901
1
apply in relation to a subdelegation in a corresponding way to the
2
way in which they apply in relation to a delegation.
3
67 Rules
4
(1) The Minister may, by legislative instrument, make rules
5
prescribing matters:
6
(a) required or permitted by this Act to be prescribed by the
7
rules; or
8
(b) necessary or convenient to be prescribed for carrying out or
9
giving effect to this Act.
10
(2) To avoid doubt, the rules may not do the following:
11
(a) create an offence or civil penalty;
12
(b) provide powers of:
13
(i) arrest or detention; or
14
(ii) entry, search or seizure;
15
(c) impose a tax;
16
(d) set an amount to be appropriated from the Consolidated
17
Revenue Fund under an appropriation in this Act;
18
(e) directly amend the text of this Act.
19