Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 151, 2011
Compilation No. 6
Compilation date: 14 September 2022
Includes amendments up to: Act No. 38, 2022
Registered: 15 September 2022
About this compilation
This compilation
This is a compilation of the Australian Renewable Energy Agency Act 2011 that shows the text of the law as amended and in force on 14 September 2022 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Object
4 Definitions
5 Extension to external Territories
6 Extra-territorial application
Part 2--Australian Renewable Energy Agency
7 Establishment
8 ARENA's functions
9 General rules about performance of functions
10 Provision of financial assistance to be in accordance with general funding strategy
11 Minister may request ARENA to consider funding for specified projects
12 Ministerial approval where grants exceed $50 million
13 Minister may direct ARENA to provide advice
14 Constitutional limits
15 ARENA's powers
16 ARENA does not have privileges and immunities of the Crown
Part 3--Board of ARENA
Division 1--Establishment and functions
17 Establishment
18 Functions of the Board
Division 2--General funding strategy, guidelines and work plans
Subdivision A--General funding strategy
19 General funding strategy
20 Approval of general funding strategy
21 When a general funding strategy for a year is in force
22 Variation of general funding strategy
23 General funding strategy to be published on ARENA's website
Subdivision B--Guidelines
24 Guidelines
25 Approval of guidelines for financial assistance in excess of $15 million
26 Guidelines to be published on ARENA's website
Subdivision C--Work plans
27 Work plan
28 Work plan to be taken into account
Division 3--Board Members
29 Membership
30 Appointment of Board members
31 Chair
32 Term of appointment
33 Acting appointments
34 Remuneration
35 Leave of absence
36 Disclosure of interests to the Minister
37 Resignation of appointed members
38 Termination of appointment of appointed members
39 Other terms and conditions of appointed members
Division 4--Meetings of the Board
40 Convening meetings
41 Secretary may nominate alternate to attend Board meetings
42 Presiding at meetings
43 Quorum
44 Voting at meetings
45 Conduct of meetings
46 Minutes
47 Decisions without meetings
Division 5--Committees
48 Committees
49 Remuneration and allowances
Part 4--Chief Executive Officer, staff and consultants
Division 1--Chief Executive Officer of ARENA
50 Establishment
51 Role
52 Appointment
53 Acting appointments
54 Outside employment
55 Remuneration
56 Leave
57 Disclosure of interests to the Minister
58 Resignation
59 Termination of appointment
60 Other terms and conditions
Division 2--Staff and consultants
61 Chief Financial Officer
62 Other staff
63 Consultants
Part 5--Finance
64 Amounts available for payment to ARENA
65 Payment of up to balance of specified amounts on request by ARENA
66 Appropriation
67 Application of ARENA's money
69 Taxation
Part 6--Miscellaneous
70 Extra matters to be included in annual report
71 Delegation by ARENA
72 Delegation by Board
73 Subdelegation by CEO
73A Disclosure of information to Clean Energy Finance Corporation
74 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
151, 2011 | 4 Dec 2011 | 1 July 2012 (s 2) |
| |
84, 2012 | 28 June 2012 | Sch 5 (item 1): 3 Aug 2012 (s 2(1) item 5) | -- | |
83, 2014 | 17 July 2014 | Sch 5: 17 July 2014 (s 2(1) item 9) | Sch 5 (item 4) | |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 57): 5 Mar 2016 (s 2(1) item 2) | -- |
55, 2016 | 16 Sept 2016 | Sch 5 (item 1): 17 Sept 2016 (s 2(1) item 6) | -- | |
Public Governance and Resources Legislation Amendment Act (No. 1) 2017 | 92, 2017 | 23 Aug 2017 | Sch 2 (items 5-19) and Sch 4: 23 Aug 2017 (s 2(1) item 1) | Sch 4 |
38, 2022 | 13 Sept 2022 | Sch 1 (items 1-3): 14 Sept 2022 (s 2(1) item 1) | -- |
Provision affected | How affected |
Part 1 |
|
s 3..................... | am No 38, 2022 |
s 4..................... | am No 92, 2017; No 38, 2022 |
Part 2 |
|
s 7..................... | am No 92, 2017 |
s 8..................... | am No 38, 2022 |
s 14.................... | rs No 38, 2022 |
Part 3 |
|
Division 2 |
|
Subdivision A |
|
s 20.................... | am No 126, 2015 |
s 22.................... | am No 126, 2015 |
Division 3 |
|
s 36.................... | rs No 92, 2017 |
s 38.................... | am No 92, 2017 |
Division 4 |
|
s 43.................... | am No 92, 2017 |
Part 4 |
|
Division 1 |
|
s 57.................... | rs No 92, 2017 |
s 59.................... | am No 92, 2017 |
Part 5 |
|
s 64.................... | am No 83, 2014; No 55, 2016 |
s 65.................... | am No 83, 2014 |
s 67.................... | am No 92, 2017 |
s 68.................... | rep No 92, 2017 |
Part 6 |
|
s 70.................... | am No 92, 2017 |
s 73A................... | ad No 84, 2012 |