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This is a Bill, not an Act. For current law, see the Acts databases.


SAVE OUR SOLAR (SOLAR REBATE PROTECTION) BILL 2008 [NO. 2]

2008
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Save Our Solar (Solar Rebate Protection)
Bill 2008
No. , 2008
(Senator Johnston)
A Bill for an Act to make provisions for the better
operation of the solar rebate scheme
i Save Our Solar (Solar Rebate Protection) Bill 2008 No. , 2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Objects of Act ..................................................................................... 1
4
Interpretation....................................................................................... 2
5
Guidelines for the plan........................................................................ 2
6
Responsibility of Minister .................................................................. 3
7
Secretary to have responsibility for administration of plan................ 3
8
Payment not to be made unless in accordance with guidelines .......... 3
9
Principles of administration ................................................................ 3
10
Regulations ......................................................................................... 3
Save Our Solar (Solar Rebate Protection) Bill 2008 No. , 2008 1
A Bill for an Act to make provisions for the better
1
operation of the solar rebate scheme
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Save Our Solar (Solar Rebate
5
Protection) Act 2008.
6
2 Commence ment
7
This Act commences on the day on which it receives the Royal
8
Assent.
9
3 Objects of Act
10
The objects of this Act are to improve the operation of the Solar
11
Homes and Communities Plan by:
12
2 Save Our Solar (Solar Rebate Protection) Bill 2008 No. , 2008
(a) requiring that guidelines on the operation of the plan are:
1
(i) tabled in each house of Parliament; and
2
(ii) subject to disallowance; and
3
(b) establishing in legislation the general responsibility of the
4
Secretary for the administration of the plan; and
5
(c) establishing in legislation principles of administration to be
6
observed in the operation of the plan.
7
4 Inte rpretation
8
In this Act, unless the contrary intention appears:
9
installation includes the acquisition of a solar system as well as its
10
installation.
11
Minister means the Minister for the Environment, Heritage and the
12
Arts.
13
plan means the plan, known at the time of commencement of this
14
Act as the Solar Homes and Communities Plan, under which
15
rebates are payable in respect of the installation of solar systems.
16
Secretary means the Secretary of the Department of the
17
Environment, Heritage and the Arts.
18
solar systems means solar photovoltaic systems.
19
5 Guidelines for the plan
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(1) As soon as practicable after the commencement of this Act the
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Minister must, by instrument in writing, determine new guidelines
22
for the operation of the plan.
23
(2) Guidelines determined under subsection (1) must contain details
24
of:
25
(a) the eligibility requirements to be satisfied by a person or an
26
organisation in order to receive a payment under the plan;
27
and
28
(b) the types of solar systems to which the plan will apply.
29
(3) An instrument determining guidelines under subsection (1) is a
30
legislative instrument for the purposes of the Legislative
31
Instruments Act 2003.
32
Save Our Solar (Solar Rebate Protection) Bill 2008 No. , 2008 3
6 Responsibility of Minister
1
The Minister is to have general responsibility for the operation of
2
the plan and, in particular, for:
3
(a) determining guidelines as required by section 5; and
4
(b) in the event of disallowance of guidelines, determining
5
replacement guidelines so as to ensure that there is no time
6
when the plan is not in operation.
7
7 Secretary to have responsibility for administration of plan
8
The Secretary is to have general responsibility for the
9
administration of the plan.
10
8 Payment not to be made unless in accordance with guidelines
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A payment must not be made in relation to the installation of a
12
solar system unless the requirements of the guidelines made under
13
section 5 have been satisfied in respect of the installation.
14
9 Principles of administration
15
In administering this Act, the Secretary is to have regard to the
16
necessity of ensuring that:
17
(a) payments for the purposes of the plan are made only in
18
accordance with guidelines determined under section 5; and
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(b) information about the operation of the plan is made available
20
to members of the public, including those involved in the
21
supply of solar systems; and
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(c) procedures and practices established under or for the
23
purposes of this Act and for the operation of the plan help to
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minimise abuses of the plan.
25
10 Regulations
26
The Governor-General may make regulations prescribing matters:
27
(a) required or permitted by this Act to be prescribed; or
28
(b) necessary or convenient to be prescribed for carrying out or
29
giving effect to this Act.
30

 


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