Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act:
"Account" means the Clean Energy Finance Corporation Special Account established by section 45.
"acquire" includes acquire by way of issue.
"ARENA" means the Australian Renewable Energy Agency.
"asset" means:
(a) any kind of real or personal property; or
(b) any legal or equitable estate or interest in real or personal property; or
(c) any legal or equitable right.
"Australia" , when used in a geographical sense, includes the external Territories.
"Australia's greenhouse gas emissions reduction targets" means:
(a) if:
(i) Australia's current nationally determined contribution was communicated in accordance with Article 4 of the Paris Agreement in June 2022; and
(ii) that nationally determined contribution has not been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement;
the greenhouse gas emissions reduction targets set out in paragraphs 10(1)(a) and (b) of the Climate Change Act 2022 ; or
(b) in any other case--the greenhouse gas emissions reduction targets included in:
(i) Australia's current nationally determined contribution communicated in accordance with Article 4 of the Paris Agreement; or
(ii) if that nationally determined contribution has been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement--that nationally determined contribution, as adjusted and in force from time to time.
"Board" means the Board of the Corporation.
"Board member" means a member of the Board (and includes the Chair).
"CEO" means the Chief Executive Officer of the Corporation.
"Chair" means the Chair of the Board.
"clean energy technologies" : see section 60.
"Climate Change Convention" means the United Nations Framework Convention on Climate Change done at New York on 9 May 1992, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 2 ([1994] ATS 2). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"complying investment" : see subsection 59(2).
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"Corporation" means the Clean Energy Finance Corporation established by section 8.
"Corporation official" : see subsection 75(3).
"Corporation's money" : see section 53.
"derivative" means a derivative (within the meaning of Chapter 7 of the Corporations Act 2001 ) that is a financial asset.
"energy efficiency technologies" : see section 60.
"Finance Minister" means the Minister administering the Public Governance, Performance and Accountability Act 2013 .
"financial asset" : see section 63.
"GFS Australia" means the publication of the Australian Bureau of Statistics known as Australian System of Government Finance Statistics: Concepts, Sources and Methods, as updated from time to time. This updating takes 2 forms:
(a) from time to time, a new version of the publication is produced; and
(b) from time to time, material in the current version of the publication is updated by other publications of the Australian Bureau of Statistics.
"GFS system" has the same meaning as in GFS Australia.
"investment" :
(a) means any mode of application of money or financial assets for the purpose of gaining a return (whether by way of income, capital gain or any other form of return); and
(b) includes giving a guarantee.
"investment function" : see subsection 58(1).
"Investment Mandate" : see section 64.
"low-emission technology" : see section 60.
"nominated Minister" : see section 76.
"official information" : see subsection 75(3).
"operating balance" means the amount agreed under paragraph 52(c) to be the operating balance.
"Paris Agreement" means the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time.
Note: The Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"person" includes a partnership.
Note: See also subsection 2C(1) of the Acts Interpretation Act 1901 .
"prohibited technology" : see section 62.
"quarter" : see subsection 72(2).
"realise" includes redeem or dispose of.
"renewable energy technologies" : see section 60.
"responsible Ministers" means:
(a) the Minister administering this Act; and
(b) the Finance Minister.
" section 63 investment" : see subsection 63(1).
"solely or mainly Australian-based" : see section 61.
"subsidiary" of the Corporation means a subsidiary of the Corporation for the purposes of the Public Governance, Performance and Accountability Act 2013 .
"surplus money" : see subsection 54(2).
"uncommitted balance" , of the Account, at any time means the amount standing to the credit of the Account at that time less the total, at that time, of the Corporation's liabilities (whether actual or contingent) in respect of guarantees given by the Corporation and still in effect.
"vacancy" , in relation to the office of a Board member, has a meaning affected by subsection 19(4).
"wholly-owned subsidiary" of the Corporation means a subsidiary of the Corporation none of whose members is a person other than:
(a) the Corporation; or
(b) a nominee of the Corporation; or
(c) a subsidiary of the Corporation, being a subsidiary none of whose members is a person other than:
(i) the Corporation; or
(ii) a nominee of the Corporation; or
(d) a nominee of such a subsidiary.