Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to prohibit Commonwealth support for coal-fired power stations, and for related purposes
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Registered 23 Oct 2017
Introduced HR 23 Oct 2017

2016‑2017

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Coal‑Fired Power Funding Prohibition Bill 2017

 

No.      , 2017

 

(Mr Bandt)

 

 

 

A Bill for an Act to prohibit Commonwealth support for coal‑fired power stations, and for related purposes

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

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

2............ Commencement................................................................................... 2

3............ Act binds the Crown........................................................................... 2

4............ Definitions.......................................................................................... 2

Part 2—Prohibition on Commonwealth support for coal‑fired power stations  3

5............ Prohibition on Commonwealth support for coal‑fired power stations. 3

6............ Executive power of the Commonwealth not otherwise limited............ 4

 


A Bill for an Act to prohibit Commonwealth support for coal‑fired power stations, and for related purposes

The Parliament of Australia enacts:

Part 1Preliminary

  

1  Short title

                   This Act is the Coal‑Fired Power Funding Prohibition Act 2017.

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

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted.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  Act binds the Crown

                   This Act binds the Crown in each of its capacities.

4  Definitions

                   In this Act:

authority of the Commonwealth means:

                     (a)  a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or

                     (b)  a Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013; or

                     (c)  any other body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth; or

                     (d)  an incorporated company in which the Commonwealth, or a body corporate referred to in paragraph (b) or (c), has a controlling interest.

Part 2Prohibition on Commonwealth support for coal‑fired power stations

  

5  Prohibition on Commonwealth support for coal‑fired power stations

             (1)  The Commonwealth or an authority of the Commonwealth must not, on or after the commencement of this Act:

                     (a)  provide financial or other support to, or in connection with, the refurbishment or building of a coal‑fired power station; or

                     (b)  purchase, or assist the purchase or transfer of ownership of, a coal‑fired power station.

             (2)  Paragraph (1)(a) does not apply to financial or other support provided in connection with a program that provides transition assistance to workers affected, or who may be affected, by the retirement of a coal‑fired power station.

             (3)  Paragraph (1)(b) does not apply to the purchase, or the assisting of the purchase or transfer of ownership, of a coal‑fired power station if the purpose, or one of the purposes, of the purchase or assistance is the managed closure of the coal‑fired power station.

             (4)  Subsection (1) does not apply to the extent (if any) that the operation of this Act 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)

             (5)  Subsection (1) has effect despite anything in any other law of the Commonwealth (whether passed or made before or after the commencement of this section) unless the law expressly provides otherwise.

             (6)  Subsection (5) does not affect the operation of subsection (4).

6  Executive power of the Commonwealth not otherwise limited

                   This Act only limits the executive power of the Commonwealth to the extent set out in section 5 and does not, by implication, limit that power to any other extent.