Federal Register of Legislation - Australian Government

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A Bill for an Act to abolish the Climate Change Authority, and for other purposes
Administered by: Environment
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Registered 14 Nov 2013
Introduced HR 13 Nov 2013
Table of contents.

2013

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Climate Change Authority (Abolition) Bill 2013

 

No.      , 2013

 

(Environment)

 

 

 

A Bill for an Act to abolish the Climate Change Authority, and for other purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendments                                                                                                4

Part 1—Repeal                                                                                                                  4

Climate Change Authority Act 2011                                                                       4

Part 2—Amendments                                                                                                    5

Division 1—Reviews under the Clean Energy Act 2011                                      5

Clean Energy Act 2011                                                                                              5

Division 2—Other reviews                                                                                          5

Carbon Credits (Carbon Farming Initiative) Act 2011                                       5

National Greenhouse and Energy Reporting Act 2007                                       6

Renewable Energy (Electricity) Act 2000                                                               7

Division 3—Other amendments                                                                                9

Australian Securities and Investments Commission Act 2001                            9

Clean Energy Regulator Act 2011                                                                           9

Competition and Consumer Act 2010                                                                     9

Financial Management and Accountability Regulations 1997                         9

Part 3—Transitional provisions                                                                              10

Division 1—Introduction                                                                                          10

Division 2—Transfer of assets and liabilities                                                        10

Division 3—Transfer of other matters                                                                   12

Division 4—Reporting obligations                                                                          15

Division 5—Miscellaneous                                                                                       16

 


A Bill for an Act to abolish the Climate Change Authority, and for other purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Climate Change Authority (Abolition) Act 2013.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1, Part 1

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

 

3.  Schedule 1, Part 2, Division 1

The day after this Act receives the Royal Assent.

However, the provision(s) covered by this table item do not commence at all if Part 1 of Schedule 1 to the Clean Energy Legislation (Carbon Tax Repeal) Act 2013 commences before the day after this Act receives the Royal Assent.

 

4.  Schedule 1, Part 2, Division 2

The day after this Act receives the Royal Assent.

 

5.  Schedule 1, Part 2, Division 3

At the same time as the provision(s) covered by table item 2.

 

6.  Schedule 1, Part 3

At the same time as the provision(s) covered by table item 2.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedule(s)

             (1)  Each Act, and each set of regulations, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

             (2)  The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor‑General.

Schedule 1Amendments

Part 1Repeal

Climate Change Authority Act 2011

1  The whole of the Act

Repeal the Act.

Part 2Amendments

Division 1—Reviews under the Clean Energy Act 2011

Clean Energy Act 2011

2  Section 4

Omit:

•      The Climate Change Authority will conduct periodic reviews of this Act.

3  Paragraph 14(2)(b)

Repeal the paragraph.

4  Subsections 123(1A) and 123A(10)

Repeal the subsections.

5  Subsection 156(7)

Repeal the subsection.

6  Paragraph 157(5)(a)

Repeal the paragraph.

7  Part 22

Repeal the Part.

Division 2—Other reviews

Carbon Credits (Carbon Farming Initiative) Act 2011

8  Section 306

Repeal the section, substitute:

306  Reviews of the operation of this Act etc.

             (1)  The Minister must cause to be conducted reviews of the operation of:

                     (a)  this Act; and

                     (b)  legislative instruments under this Act.

Public consultation

             (2)  A review under subsection (1) must make provision for public consultation.

Report

             (3)  The Minister must cause to be prepared a report of a review under subsection (1).

             (4)  The Minister must cause copies of a report under subsection (3) to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.

First review

             (5)  The report of the first review under subsection (1) must be tabled under subsection (4) before the end of 31 December 2016.

Subsequent reviews

             (6)  The report of each subsequent review under subsection (1) must be tabled under subsection (4) within 3 years after the report of the previous review was tabled under subsection (4).

National Greenhouse and Energy Reporting Act 2007

9  Sections 76A and 76B

Repeal the sections, substitute:

76A  Periodic reviews of the operation of this Act etc.

             (1)  The Minister must cause to be conducted reviews of the operation of:

                     (a)  this Act; and

                     (b)  legislative instruments under this Act.

Public consultation

             (2)  A review under subsection (1) must make provision for public consultation.

Report

             (3)  The Minister must cause to be prepared a report of a review under subsection (1).

             (4)  The Minister must cause copies of a report under subsection (3) to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.

First review

             (5)  The report of the first review under subsection (1) must be tabled under subsection (4) before the end of 30 June 2018.

Subsequent reviews

             (6)  The report of each subsequent review under subsection (1) must be tabled under subsection (4) within 5 years after the report of the previous review was tabled under subsection (4).

Renewable Energy (Electricity) Act 2000

10  Section 162

Repeal the section, substitute:

162  Periodic reviews of the operation of renewable energy legislation etc.

             (1)  The Minister must cause to be conducted reviews of the following:

                     (a)  the operation of this Act and the scheme constituted by this Act;

                     (b)  the operation of the regulations;

                     (c)  the operation of the Renewable Energy (Electricity) (Large‑scale Generation Shortfall Charge) Act 2000;

                     (d)  the operation of the Renewable Energy (Electricity) (Small‑scale Technology Shortfall Charge) Act 2010;

                     (e)  the diversity of renewable energy access to the scheme constituted by this Act, to be considered with reference to a cost benefit analysis of the environmental and economic impact of that access.

             (2)  The Minister may cause a particular review under subsection (1) to include a review of additional matters relating to the following:

                     (a)  the impact of this Act and the scheme constituted by this Act;

                     (b)  the impact of the regulations;

                     (c)  the impact of the Renewable Energy (Electricity) (Large‑scale Generation Shortfall Charge) Act 2000;

                     (d)  the impact of the Renewable Energy (Electricity) (Small‑scale Technology Shortfall Charge) Act 2010.

Public consultation

             (3)  A review under subsection (1) must make provision for public consultation.

Report

             (4)  The Minister must cause to be prepared a report of a review under subsection (1).

             (5)  The Minister must cause copies of a report under subsection (4) to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.

First review

             (6)  The report of the first review under subsection (1) must be tabled under subsection (5) before the end of 31 December 2014.

Subsequent reviews

             (7)  The report of each subsequent review under subsection (1) must be tabled under subsection (5) within 2 years after the report of the previous review was tabled under subsection (5).

Division 3—Other amendments

Australian Securities and Investments Commission Act 2001

11  Paragraph 127(2A)(e)

Omit “Regulator;”, substitute “Regulator.”.

12  Paragraph 127(2A)(f)

Repeal the paragraph.

Clean Energy Regulator Act 2011

13  Paragraphs 49(1)(s) and (t)

Repeal the paragraphs.

Competition and Consumer Act 2010

14  Paragraph 44AAF(3)(cb)

Repeal the paragraph.

15  Paragraph 44AAF(3)(d)

Omit “(c), (ca) or (cb)”, substitute “(c) or (ca)”.

16  Paragraph 155AAA(12)(lb)

Repeal the paragraph.

Financial Management and Accountability Regulations 1997

17  Item 133A of Schedule 1

Repeal the item.

Part 3Transitional provisions

Division 1—Introduction

18  Definitions

In this Part:

asset means:

                     (a)  any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and

                     (b)  any right, power, privilege or immunity, whether actual, contingent or prospective.

assets official, in relation to an asset other than land, means the person or authority who:

                     (a)  under a law of the Commonwealth, a State or a Territory; or

                     (b)  under a trust instrument; or

                     (c)  otherwise;

has responsibility for keeping a register in relation to assets of the kind concerned.

land means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.

land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.

liability means any liability, duty or obligation, whether actual, contingent or prospective.

Secretary means the Secretary of the Department.

transition time means the commencement of this Part.

Division 2—Transfer of assets and liabilities

19  Vesting of assets of the Climate Change Authority

(1)       This item applies to the assets of the Climate Change Authority immediately before the transition time.

(2)       At the transition time, the assets cease to be assets of the Climate Change Authority and become assets of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to the assets.

20  Vesting of liabilities of the Climate Change Authority

(1)       This item applies to the liabilities of the Climate Change Authority immediately before the transition time.

(2)       At the transition time, the liabilities cease to be liabilities of the Climate Change Authority and become liabilities of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to the liabilities.

21  Transfers of land may be registered

(1)       This item applies if:

                     (a)  any land vests in the Commonwealth under this Division; and

                     (b)  there is lodged with a land registration official a certificate that:

                              (i)  is signed by the Minister; and

                             (ii)  identifies the land, whether by reference to a map or otherwise; and

                            (iii)  states that the land has become vested in the Commonwealth under this Division.

(2)       The land registration official may:

                     (a)  register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and

                     (b)  deal with, and give effect to, the certificate.

(3)       A certificate under paragraph (1)(b) is not a legislative instrument.

22  Certificates relating to vesting of assets other than land

(1)       This item applies if:

                     (a)  any asset other than land vests in the Commonwealth under this Division; and

                     (b)  there is lodged with an assets official a certificate that:

                              (i)  is signed by the Minister; and

                             (ii)  identifies the asset; and

                            (iii)  states that the asset has become vested in the Commonwealth under this Division.

(2)       The assets official may:

                     (a)  deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and

                     (b)  make such entries in the register as are necessary having regard to the effect of this Division.

(3)       A certificate under paragraph (1)(b) is not a legislative instrument.

Division 3—Transfer of other matters

23  Acts of the Climate Change Authority to be attributed to the Commonwealth

(1)       This item applies to anything done by, or in relation to, the Climate Change Authority before the transition time.

(2)       After the transition time, the thing has effect as if it had been done by, or in relation to, the Commonwealth.

24  Substitution of the Commonwealth as a party to certain pending proceedings

(1)       This item applies if any proceedings to which the Climate Change Authority was a party were pending in any court or tribunal immediately before the transition time.

(2)       The Commonwealth is substituted for the Climate Change Authority, from the transition time, as a party to the proceedings.

25  Transfer of records to the Department

(1)       This item applies to any records or documents that were in the possession of the Climate Change Authority immediately before the transition time.

(2)       The records and documents are to be transferred to the Department after the transition time.

Note:       The records and documents are Commonwealth records for the purposes of the Archives Act 1983.

26  Protection of information obtained from the Clean Energy Regulator

If:

                     (a)  before the transition time, information was disclosed to:

                              (i)  the Climate Change Authority; or

                             (ii)  the Land Sector Carbon and Biodiversity Board;

                            under subsection 49(2) of the Clean Energy Regulator Act 2011; and

                     (b)  immediately before the transition time, a person was subject to a condition under subsection 49(3) of that Act in relation to the information disclosed;

the person continues to be subject to the condition after the transition time.

27  Transfer of Ombudsman investigations

If:

                     (a)  before the transition time, a complaint was made to the Ombudsman, or the Ombudsman began an investigation, under the Ombudsman Act 1976 in relation to an action taken by the Climate Change Authority; and

                     (b)  immediately before the transition time, the Ombudsman had not finally disposed of the matter in accordance with the Ombudsman Act 1976;

the Ombudsman Act 1976 applies after the transition time as if that action had been taken by the Department.

28  References in certain instruments to the Climate Change Authority

(1)       If:

                     (a)  an instrument was in force immediately before the transition time; and

                     (b)  a reference is made in the instrument to the Climate Change Authority; and

                     (c)  the instrument is an instrument covered by one or more of the following subparagraphs:

                              (i)  an instrument that was made by the Climate Change Authority;

                             (ii)  an instrument to which the Climate Change Authority was a party;

                            (iii)  an instrument that was given to, or in favour of, the Climate Change Authority;

                            (iv)  an instrument under which any right or liability accrues or may accrue to the Climate Change Authority;

                             (v)  any other instrument in which a reference is made to the Climate Change Authority;

the reference has effect after the transition time as if it were a reference to the Commonwealth.

(2)       In this item:

exempt instrument has the meaning given by subitem (3).

instrument:

                     (a)  includes:

                              (i)  a contract, deed, undertaking or agreement; and

                             (ii)  a notice, authority, order or instruction; and

                            (iii)  an instrument made under an Act or under regulations; but

                     (b)  does not include an exempt instrument.

(3)       For the purposes of this item, exempt instrument means:

                     (a)  an Act; or

                     (b)  an instrument made under this Act; or

                     (c)  an instrument specified in an instrument under subitem (4).

(4)       The Minister may, by legislative instrument, specify one or more instruments for the purposes of paragraph (3)(c).

29  Transfer of appropriated money

(1)       For the purposes of the operation of an Appropriation Act after the transition time, references to the Climate Change Authority are to be read as references to the Department.

(2)       In this item:

Appropriation Act means an Act appropriating money for expenditure out of the Consolidated Revenue Fund.

Division 4—Reporting obligations

30  Final annual report—Climate Change Authority

(1)       The Secretary must prepare and give to the Minister, for presentation to the Parliament, a report on the operations of the Climate Change Authority during the final reporting period.

(2)       Subsections 56(2) and (3) of the Climate Change Authority Act 2011 (as in force immediately before the transition time) apply to the report as if a reference in those subsections to a financial year were a reference to the final reporting period.

(3)       The Secretary must give the report to the Minister within 3 months after the end of the final reporting period. The Minister may grant an extension of time in special circumstances.

(4)       The Minister must table the report in each House of the Parliament as soon as practicable.

(5)       The Secretary must publish the report on the Department’s website as soon as practicable after the report is tabled in the House of Representatives.

(6)       In this item:

final reporting period means the period:

                     (a)  beginning:

                              (i)  if, as at the transition time, no report under section 56 of the Climate Change Authority Act 2011 relating to the last financial year that ended before the transition time has been given to the Minister—at the start of that financial year; or

                             (ii)  otherwise—at the start of the financial year in which the transition time occurs; and

                     (b)  ending immediately before the transition time.

Division 5—Miscellaneous

31  Exemption from stamp duty and other State or Territory taxes

(1)       No stamp duty or other tax is payable under a law of a State or a Territory in respect of an exempt matter, or anything connected with an exempt matter.

(2)       For the purposes of this item, an exempt matter is:

                     (a)  the vesting of an asset or liability under this Part; or

                     (b)  the operation of this Part in any other respect.

(3)       The Minister may certify in writing:

                     (a)  that a specified matter is an exempt matter; or

                     (b)  that a specified thing was connected with a specified exempt matter.

(4)       In all courts, and for all purposes (other than for the purposes of criminal proceedings), a certificate under subitem (3) is prima facie evidence of the matters stated in the certificate.

32  Certificates taken to be authentic

A document that appears to be a certificate made or issued under a particular provision of this Part:

                     (a)  is taken to be such a certificate; and

                     (b)  is taken to have been properly given;

unless the contrary is established.

33  Delegation by Minister

(1)       The Minister may, by writing, delegate all or any of his or her powers and functions under this Part to a person.

(2)       The delegate must be:

                     (a)  the Secretary; or

                     (b)  an SES employee, or acting SES employee, in the Department.

Note:       SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.

(3)       In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.

(4)       Subitem (1) does not apply to a power to make, vary or revoke a legislative instrument.

34  Transitional—section 82 of the Climate Change Authority Act 2011

(1)       Despite the repeal of section 82 of the Climate Change Authority Act 2011 by this Schedule, that section continues to apply, in relation to anything done or omitted to be done before the transition time, as if that repeal had not happened.

(2)       This item does not limit the operation of section 7 of the Acts Interpretation Act 1901.

35  Compensation for acquisition of property

(1)       If the operation of this Schedule would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2)       If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

36  Transitional rules

The Minister may, by legislative instrument, make rules in relation to transitional matters arising out of the amendments and repeals made by this Schedule.