Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to make provisions for the better operation of the solar rebate scheme
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Registered 25 Jun 2008
Introduced Senate 24 Jun 2008

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

  

  


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

 


A Bill for an Act to make provisions for the better operation of the solar rebate scheme

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Save Our Solar (Solar Rebate Protection) Act 2008.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Objects of Act

                   The objects of this Act are to improve the operation of the Solar Homes and Communities Plan by:

                     (a)  requiring that guidelines on the operation of the plan are:

                              (i)  tabled in each house of Parliament; and

                             (ii)  subject to disallowance; and

                     (b)  establishing in legislation the general responsibility of the Secretary for the administration of the plan; and

                     (c)  establishing in legislation principles of administration to be observed in the operation of the plan.

4  Interpretation

                   In this Act, unless the contrary intention appears:

                   installation includes the acquisition of a solar system as well as its installation.

                   Minister means the Minister for the Environment, Heritage and the Arts.

                   plan means the plan, known at the time of commencement of this Act as the Solar Homes and Communities Plan, under which rebates are payable in respect of the installation of solar systems.

                   Secretary means the Secretary of the Department of the Environment, Heritage and the Arts.

                   solar systems means solar photovoltaic systems.

5  Guidelines for the plan

             (1)  As soon as practicable after the commencement of this Act the Minister must, by instrument in writing, determine new guidelines for the operation of the plan.

             (2)  Guidelines determined under subsection (1) must contain details of:

                     (a)  the eligibility requirements to be satisfied by a person or an organisation in order to receive a payment under the plan; and

                     (b)  the types of solar systems to which the plan will apply.

             (3)  An instrument determining guidelines under subsection (1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

6  Responsibility of Minister

                   The Minister is to have general responsibility for the operation of the plan and, in particular, for:

                     (a)  determining guidelines as required by section 5; and

                     (b)  in the event of disallowance of guidelines, determining replacement guidelines so as to ensure that there is no time when the plan is not in operation.

7  Secretary to have responsibility for administration of plan

                   The Secretary is to have general responsibility for the administration of the plan.

8  Payment not to be made unless in accordance with guidelines

                   A payment must not be made in relation to the installation of a solar system unless the requirements of the guidelines made under section 5 have been satisfied in respect of the installation.

9  Principles of administration

                   In administering this Act, the Secretary is to have regard to the necessity of ensuring that:

                     (a)  payments for the purposes of the plan are made only in accordance with guidelines determined under section 5; and

                     (b)  information about the operation of the plan is made available to members of the public, including those involved in the supply of solar systems; and

                     (c)  procedures and practices established under or for the purposes of this Act and for the operation of the plan help to minimise abuses of the plan.

10  Regulations

                   The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.