A Bill for an Act to establish the National Energy Transition Authority, and for related purposes
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act is the National Energy Transition Authority Act 2022.
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 the end of the period of 6 months beginning on the later of: (a) the day this Act receives the Royal Assent; and (b) the day the Consolidated Revenue Fund is appropriated under an Act to the Department in which this Act is administered for payment to the National Energy Transition Authority. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | |
Note: This table relates only to the provisions of this Act as originally enacted.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 Objects
The objects of this Act are:
(a) to create a new statutory authority, the National Energy Transition Authority, to ensure that communities in affected areas are supported during the transition to a new national energy system; and
(b) to enable this new statutory authority to conduct forecasting and coordinate a national approach to workforce planning, energy system change and resource exports, as they relate to transitioning to clean energy.
4 Simplified outline of this Act
This Act establishes the National Energy Transition Authority which has law reform functions, an advice function, and is tasked with planning and coordinating the transition to renewable energy, with a specific mandate to facilitate new economic opportunities for workers and communities who are currently involved in fossil fuel production and associated industries.
5 Definitions
In this Act:
advice function: see section 11.
Australia, when used in a geographical sense, includes the external Territories.
Board means the Board of the National Energy Transition Authority.
Board member means a member of the Board (and includes the Chair).
borrowing includes raising money or obtaining credit, whether by dealing in securities or otherwise, but does not include obtaining credit in a transaction forming part of the day‑to‑day operations of National Energy Transition Authority.
CEO means the Chief Executive Officer of the National Energy Transition Authority.
Chair means the Chair of the Board.
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 in Australian Treaty Series 1994 No. 2 ([1994] ATS 2) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
law reform functions: see section 10.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
rules means the rules made under section 67.
6 Crown to be bound
This Act binds the Crown in each of its capacities.
7 Extension to external Territories
This Act extends to every external Territory.
Part 2—National Energy Transition Authority
Division 1—Establishment
8 Establishment
(1) The National Energy Transition Authority is established by this section.
(2) The National Energy Transition Authority:
(a) is a body corporate; and
(b) must have a seal; and
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue and be sued.
Note: The Public Governance, Performance and Accountability Act 2013 applies to the National Energy Transition Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
(3) The National Energy Transition Authority’s seal is to be kept in such custody as the Board directs and must not be used except as authorised by the Board.
(4) All courts, judges and persons acting judicially must:
(a) take judicial notice of the imprint of the seal of the National Energy Transition Authority appearing on a document; and
(b) presume that the document was duly sealed.
Division 2—Functions
9 Functions—general
(1) The National Energy Transition Authority has the following functions:
(a) its law reform functions (see section 10);
(b) its advice function (see section 11);
(c) to support communities and workers affected by the closure of coal‑fired power stations and coal mines to adapt, including by:
(i) helping attract new public and private investment in job‑creating industries and social infrastructure in affected areas; and
(ii) ensuring ongoing equivalent employment or social services are provided in affected area;
(d) working with employers in relevant industries to encourage workforce pooling, to enable workers to shift between employers where skills and broadly transferable;
(e) planning with workers and relevant agencies to assist workers nearing retirement age to transition to a voluntary, financially secure retirement;
(f) any other functions conferred on the National Energy Transition Authority by this Act or any other law of the Commonwealth;
(g) to do anything incidental or conducive to the performance of the above functions.
Note: Other functions may be conferred on the National Energy Transition Authority by State or Territory laws (see section 15).
(2) In performing its functions, the National Energy Transition Authority must act in a proper, efficient and effective manner.
10 Law reform functions
(1) The National Energy Transition Authority’s law reform functions are:
(a) to review Commonwealth, State and Territory laws relating to mining, resources, industry policy, industrial relations, electricity generation and related matters and propose changes to those laws for the purpose of achieving the functions outlined in subsection 9(1); and
(b) to consult with Commonwealth, State and Territory governments about the proposed changes; and
(c) after consulting as mentioned in paragraph (b), to recommend to the Minister changes to Commonwealth laws for the purpose of achieving the functions outlined in subsection 9(1); and
(d) to publish the results of reviews mentioned in paragraph (a), and the changes recommended under paragraph (c), on its website.
Complementary legislation desirable
(2) In proposing and consulting about changes under paragraph (1)(b), the National Energy Transition Authority must have regard to the desirability of the changes being implemented through complementary Commonwealth, State and Territory legislation.
(3) If after consulting as mentioned in paragraph (1)(b), the National Energy Transition Authority considers that it will not be possible for the changes to be implemented through complementary legislation, the recommendations mentioned in paragraph (1)(c) must assume that the changes will be implemented entirely through Commonwealth legislation.
Draft legislation to accompany recommendations to Minister
(4) The changes recommended under paragraph (1)(c) and published under paragraph (1)(d) must be accompanied by draft legislation to implement the changes.
When recommendations must be given to Minister
(5) The National Energy Transition Authority must give the Minister recommendations for the purposes of paragraph (1)(c):
(a) within 12 months after the commencement of this section; and
(b) at such other times as it thinks fit.
11 Advice function
(1) The National Energy Transition Authority’s advice function is to provide advice to the Minister and Commonwealth, State and local governments, including advice about the following:
(a) the sources of renewable energy that should be used to generate electricity at particular locations for the purpose of achieving the functions outlined in subsection 9(1);
(b) whether a particular electricity generation project is likely to achieve one or more of those objectives;
(c) models for guaranteeing returns on investment in relation to electricity generation projects;
(d) workforce modelling and planning for energy and related industries that are suited to a zero emissions economy, with consideration of existing national, State Territory and regional workforce trends;
(e) how communities and workers affected by the closure of fossil fuel mines or coal‑fired power stations can be worked with to ensure equivalent employment opportunities and social services are maintained, including by attracting new industries to affected areas;
(f) how, and to what extent, emerging renewable energy and related industries can replace existing exports of coal and gas.
(2) The National Energy Transition Authority must publish any advice given under subsection (1) on its website.
12 Functions—constitutional limits
The National Energy Transition Authority may perform its functions under this Act only:
(a) for purposes relating to a corporation to which paragraph 51(xx) of the Constitution applies; or
(b) for purposes related to external affairs, including:
(i) giving effect to an international agreement to which Australia is a party; or
(ii) addressing matters of international concern; or
(iii) by way of the performance of its functions in a place outside Australia; or
(c) for purposes relating to the collection of statistics; or
(d) for purposes relating to trade or commerce:
(i) between Australia and places outside Australia; or
(ii) among the States; or
(iii) within a Territory, between a State and a Territory or between 2 Territories; or
(e) by way of the use of a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or
(f) by way of the provision of service, or financial assistance, to:
(i) the Commonwealth; or
(ii) an authority of the Commonwealth;
for a purpose of the Commonwealth; or
(g) for purposes relating to a Territory; or
(h) with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or
(i) for purposes relating to the relations of the Commonwealth with the islands of the Pacific; or
(j) for purposes relating to the implied power of the Parliament to make laws with respect to nationhood; or
(k) for purposes relating to the executive power of the Commonwealth; or
(l) for purposes relating to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.
13 Functions—Minister may give directions
(1) The Minister may give written directions to the National Energy Transition Authority about the performance of its functions.
(2) Directions given by the Minister under subsection (1) must be of a general nature only.
(3) National Energy Transition Authority must comply with any direction given by the Minister under subsection (1).
(4) A direction given by the Minister under subsection (1) is not a legislative instrument.
14 Commonwealth consent to conferral of functions etc. on the National Energy Transition Authority by State and Territory laws
(1) A law of a State or Territory may confer powers or functions, or impose duties, on the National Energy Transition Authority.
Note: Section 16 sets out when such a law imposes a duty on the National Energy Transition Authority.
(2) Subsection (1) does not authorise the conferral of a power or function, or the imposition of a duty, by a law of a State or Territory to the extent to which:
(a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the National Energy Transition Authority; or
(b) the authorisation would otherwise exceed the legislative power of the Commonwealth.
(3) The National Energy Transition Authority cannot exercise a power, or perform a duty or function, under a law of a State or Territory without the written approval of the Minister.
15 How duty is imposed on National Energy Transition Authority by State and Territory laws
Application
(1) This section applies if a law of a State or Territory purports to impose a duty on the National Energy Transition Authority.
Note: Section 16 sets out when such a law imposes a duty on the National Energy Transition Authority.
State or Territory legislative power sufficient to support duty
(2) The duty is taken not to be imposed by this Act (or any other law of the Commonwealth) to the extent to which:
(a) imposing the duty is within the legislative powers of the State or Territory concerned; and
(b) imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the National Energy Transition Authority.
Note: If this subsection applies, the duty will be taken to be imposed by force of the law of the State or Territory (the Commonwealth having consented under section 14 to the imposition of the duty by that law).
Commonwealth legislative power sufficient to support duty but State or Territory legislative powers are not
(3) If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by the law of the State or Territory), the duty is taken to be imposed by this Act to the extent necessary to ensure that validity.
(4) If, because of subsection (3), this Act is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Act.
(5) The duty is taken to be imposed by this Act in accordance with subsection (3) only to the extent to which imposing the duty:
(a) is within the legislative powers of the Commonwealth; and
(b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the National Energy Transition Authority.
(6) Subsections (1) to (5) do not limit section 14.
16 When State and Territory laws impose a duty on the National Energy Transition Authority
For the purposes of sections 14 and 15, a law of a State or Territory imposes a duty on National Energy Transition Authority if:
(a) the law confers a power or function on National Energy Transition Authority; and
(b) the circumstances in which the power or function is conferred give rise to an obligation on National Energy Transition Authority to exercise the power or to perform the function.
Division 3—Powers, privileges and immunities
17 National Energy Transition Authority’s powers
(1) The National Energy Transition Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
(2) The National Energy Transition Authority’s powers include, but are not limited to, the following powers:
(a) the power to enter into contracts;
(b) the power to erect buildings;
(c) the power to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the National Energy Transition Authority;
(d) the power to acquire, hold and dispose of real or personal property;
(e) the power to provide financial assistance (whether by way of loan, grant, investment, award or otherwise and whether on commercial terms or otherwise);
(f) the power to provide guarantees;
(g) the power to raise money, by borrowing or otherwise;
(h) the power to provide or administer services, facilities, programs or equipment;
(i) the power to do anything incidental to any of its powers.
(3) The powers of the National Energy Transition Authority may be exercised within or outside Australia.
18 National Energy Transition Authority does not have privileges and immunities of the Crown
The National Energy Transition Authority does not have the privileges and immunities of the Crown in right of the Commonwealth.
Part 3—Board of National Energy Transition Authority
Division 1—Establishment and functions
19 Establishment
There is to be a Board of the National Energy Transition Authority.
20 Functions of the Board
(1) The functions of the Board are:
(a) to decide strategies and policies to be followed by the National Energy Transition Authority; and
(b) to ensure the proper, efficient and effective performance of the National Energy Transition Authority’s functions; and
(c) any other functions conferred on the Board by this Act.
(2) The Board has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
(3) Anything done in the name of, or on behalf of, the National Energy Transition Authority by the Board, or with the authority of the Board, is taken to have been done by the National Energy Transition Authority.
(4) If a function or power of the National Energy Transition Authority is dependent on the opinion, belief or state of mind of the National Energy Transition Authority in relation to a matter, the function or power may be performed or exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (3) in relation to that matter.
Division 2—Board Members
21 Membership
The Board consists of:
(a) the Chair; and
(b) at least 4, and no more than 6, other members.
22 Appointment of Board members
(1) Board members are to be appointed:
(a) by the Minister by written instrument; and
(b) on a part‑time basis.
(2) A person is not eligible for appointment as a Board member unless the Minister is satisfied that the person has:
(a) substantial experience or expertise; and
(b) professional credibility and significant standing;
in at least one of the following fields:
(c) energy technologies;
(d) engineering;
(e) economics;
(f) workplace planning;
(g) industry transition planning;
(h) government funding programs or bodies;
(i) zero carbon industry or economy;
(j) industrial relations;
(k) financial accounting;
(l) work in coal and/or gas mining.
(3) The following persons are not eligible for appointment as a Board member:
(a) an employee of the Commonwealth;
(b) the holder of a full‑time office under a law of the Commonwealth.
23 Chair
The Minister must, by writing, appoint one Board member to be the Chair.
24 Term of appointment
A Board member holds office for the period specified in the instrument of appointment. The period must not be more than 5 years.
Note: A Board member is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901.
25 Acting appointments
(1) The Minister may, by written instrument, appoint a Board member to act as the Chair:
(a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chair:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
(2) The Minister may, by written instrument, appoint a person to act as a Board member (other than the Chair):
(a) during a vacancy in the office of a Board member (other than the Chair) whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when a Board member (other than the Chair):
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: Sections 33AB and 33A of the Acts Interpretation Act 1901 have rules that apply to acting appointments.
(3) A person is not eligible for appointment to act as a Board member unless the person is eligible for appointment as a Board member under section 22.
(4) For the purposes of a reference in:
(a) this Act to a vacancy in the office of a Board member; or
(b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body;
there are taken to be 6 Board member offices in addition to the Chair.
26 Remuneration
(1) A Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.
(2) A Board member is to be paid the allowances that are prescribed by the rules.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
27 Leave of absence
Chair
(1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.
Other Board members
(2) The Chair may grant leave of absence to another Board member on the terms and conditions that the Chair determines.
(3) The Chair must notify the Minister if the Chair grants a Board member leave of absence for a period that exceeds 3 months.
28 Resignation of Board members
(1) A Board member may resign his or her appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister, if a later day is specified in the resignation, on that later day.
29 Termination of appointment of Board members
The Minister may terminate the appointment of a Board member:
(a) for misbehaviour; or
(b) if the member is unable to perform the duties of his or her office because of physical or mental incapacity; or
(c) if the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(d) if the member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or
(e) if the Minister is satisfied that the performance of the Board member has been unsatisfactory for a significant period.
30 Other terms and conditions of Board members
A Board member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
Division 3—Meetings of the Board
31 Convening meetings
(1) The Board must hold the meetings that are necessary for the efficient performance of its functions.
(2) Meetings are to be held at the times and places that the Board determines.
Note: See also section 33B of the Acts Interpretation Act 1901, which contains extra rules about meetings by telephone etc.
(3) The Chair:
(a) may convene a meeting; and
(b) must convene at least 6 meetings each calendar year; and
(c) must convene a meeting within 30 days of receiving a written request to do so from another Board member.
32 Presiding at meetings
(1) The Chair must preside at all meetings at which he or she is present.
(2) If the Chair is not present at a meeting, the other Board members present must appoint one of themselves to preside.
33 Quorum
(1) At a meeting of the Board, a quorum is constituted by:
(a) 4 Board members; or
(b) at any time when there are only 5 Board members—3 Board members.
(2) However, if:
(a) a Board member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and
(b) when the member leaves the meeting concerned there is no longer a quorum present;
the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.
34 Voting at meetings
(1) A question arising at a meeting is to be determined by a majority of the votes of the Board members present and voting.
(2) The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes, a casting vote.
35 Conduct of meetings
The Board may regulate proceedings at its meetings as it considers appropriate.
Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which Board members may participate in meetings.
36 Minutes
The Board must keep minutes of its meetings.
37 Decisions without meetings
(1) The Board is taken to have made a decision at a meeting if:
(a) without meeting, a majority of the Board members entitled to vote on the proposed decision indicate agreement with the decision; and
(b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and
(c) all the Board members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.
(2) Subsection (1) applies only if the Board:
(a) has determined that it may make decisions of that kind without meeting; and
(b) has determined the method by which Board members are to indicate agreement with proposed decisions.
(3) For the purposes of paragraph (1)(a), a Board member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.
(4) The Board must keep a record of decisions made in accordance with this section.
Part 4—Chief Executive Officer, staff and consultants and committees
Division 1—Chief Executive Officer of National Energy Transition Authority
38 Establishment
There is to be a Chief Executive Officer of the National Energy Transition Authority.
39 Functions of the CEO
(1) The CEO is responsible for the day‑to‑day administration of the National Energy Transition Authority.
(2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties.
(3) The CEO is to act in accordance with policies determined, and any directions given, by the Board.
(4) All acts and things done in the name of, or on behalf of, the National Energy Transition Authority by the CEO, or with the authority of the CEO, are taken to have been done by the National Energy Transition Authority.
(5) If a function or power of the National Energy Transition Authority is dependent on the opinion, belief or state of mind of the National Energy Transition Authority in relation to a matter, the function or power may be performed or exercised upon the opinion, belief or state of mind of a person or body acting as mentioned in subsection (4) in relation to that matter.
(6) If a policy or direction under subsection (3) is in writing, the policy or direction is not a legislative instrument.
40 Appointment
(1) The CEO is to be appointed by the Board.
(2) The CEO is to be appointed:
(a) by written instrument; and
(b) on a full‑time basis.
(3) The CEO must not be a Board member.
(4) The Board must appoint the first CEO no later than 6 months after the commencement of this section.
41 Term of appointment
The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
Note: The CEO is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901.
42 Acting appointments
The Board may, by written instrument, appoint a person (other than a Board member) to act as the CEO:
(a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the CEO:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: Sections 33AB and 33A of the Acts Interpretation Act 1901 have rules that apply to acting appointments.
43 Terms and conditions
The CEO holds office on the terms and conditions (including terms and conditions relating to remuneration and allowances) in relation to matters not covered by this Act that are determined by the Board.
44 Outside employment
The CEO must not engage in paid work outside the duties of his or her office without the Chair’s approval.
45 Leave of absence
(1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Chair may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines.
46 Disclosure of interests
(1) A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Board.
(2) Subsection (1) applies in addition to any rules made for the purposes of that section.
(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.
47 Resignation
(1) The CEO may resign his or her appointment by giving the Chair a written resignation.
(2) The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day.
48 Termination of appointment
(1) The Board may terminate the appointment of the CEO:
(a) for misbehaviour; or
(b) if the CEO is unable to perform the duties of his or her office because of physical or mental incapacity.
(2) The Board may terminate the appointment of the CEO if:
(a) the CEO:
(i) becomes bankrupt; or
(ii) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with one or more of his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or
(b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the CEO engages, except with the Board’s approval, in paid work outside the duties of his or her office (see section 45); or
(d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
Division 2—Staff and consultants
49 Staff
(1) The National Energy Transition Authority may employ such persons as it considers necessary for the performance of its functions and the exercise of its powers.
(2) An employee is to be employed on the terms and conditions that the National Energy Transition Authority determines in writing.
(3) The National Energy Transition Authority may arrange with an Agency Head (within the meaning of the Public Service Act 1999) or with a body established for a public purpose by a law of the Commonwealth for the services of officers or employees of the Agency or body to be made available to the National Energy Transition Authority.
(4) The National Energy Transition Authority may enter into an arrangement with the appropriate authority of a State or Territory for the services of officers or employees of the Public Service of the State or Territory, or of a State or Territory statutory authority, to be made available to the National Energy Transition Authority.
50 Consultants
(1) The National Energy Transition Authority may engage consultants to assist in the performance of its functions.
(2) The consultants are to be engaged on the terms and conditions that the National Energy Transition Authority determines.
Division 3—Committees
51 Committees
(1) The Board may establish committees to advise or assist in the performance of the Board’s or the National Energy Transition Authority’s functions.
(2) A committee may be constituted:
(a) wholly by Board members; or
(b) wholly by persons who are not Board members; or
(c) partly by Board members and partly by other persons.
(3) The Board may determine, in relation to a committee established under this section:
(a) the committee’s terms of reference; and
(b) the terms and conditions of appointment of the members of the committee; and
(c) the procedures to be followed by the committee.
52 Remuneration and allowances
(1) If the Board decides that a committee member who is also a Board member is to be remunerated in relation to his or her committee membership, the committee member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the committee member is to be paid the remuneration that is prescribed by the rules.
(2) A committee member who is a Board member is to be paid the allowances that are prescribed by the rules.
(3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.
(4) If the Board decides that a committee member other than a Board member is to be remunerated, the committee member is to be paid the remuneration and allowances determined by the National Energy Transition Authority in writing.
Part 5—Finance
53 Money payable to the National Energy Transition Authority
(1) There is payable to the National Energy Transition Authority such money as is appropriated by the Parliament for the purposes of the National Energy Transition Authority.
(2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the National Energy Transition Authority.
(3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.
54 Application of money by the National Energy Transition Authority
(1) The money of the National Energy Transition Authority is to be applied only:
(a) in payment or discharge of the costs, expenses and other obligations incurred or undertaken by the National Energy Transition Authority in the performance of its functions and the exercise of its powers; and
(b) in payment of any remuneration or allowances payable under this Act.
(2) Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the National Energy Transition Authority.
55 Borrowing from the Commonwealth
The Finance Minister may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the National Energy Transition Authority on such terms and conditions as the Minister determines in writing.
56 Borrowing from persons other than the Commonwealth
(1) The National Energy Transition Authority may, with the written approval of the Treasurer, borrow money from persons other than the Commonwealth on terms and conditions specified in, or consistent with, the approval.
(2) Money may be borrowed wholly or partly in foreign currency.
Note: See also section 57 of the Public Governance, Performance and Accountability Act 2013.
57 Guarantee of borrowing
(1) The Treasurer may, on behalf of the Commonwealth, enter into a contract guaranteeing the performance by the National Energy Transition Authority of obligations incurred by it under section 56.
(2) If the Treasurer determines in writing that obligations incurred by the National Energy Transition Authority under that section are guaranteed by the Commonwealth, the obligations are so guaranteed by force of this subsection.
(3) A contract under subsection (1) may include:
(a) a provision agreeing that proceedings under the contract may be taken in courts of a foreign country; or
(b) a provision waiving the immunity of the Commonwealth from suit in courts of a foreign country.
58 National Energy Transition Authority may give security
The National Energy Transition Authority may give security over the whole or part of its assets for:
(a) the performance by the National Energy Transition Authority of any obligation incurred under section 55 or 56; or
(b) the payment to the Commonwealth of amounts equal to amounts paid by the Commonwealth under a guarantee under section 57.
59 National Energy Transition Authority may charge fees
(1) The National Energy Transition Authority may charge a fee in relation to anything done in performing its functions.
(2) A fee must not be such as to amount to taxation.
60 Taxation
The National Energy Transition Authority is not subject to taxation under any law of the Commonwealth or of a State or Territory.
Note: Despite this section, the National Energy Transition Authority may be subject to taxation under certain laws (see, for example, section 177‑5 of the A New Tax System (Goods and Services Tax) Act 1999 and section 66 of the Fringe Benefits Tax Assessment Act 1986).
Part 6—Strategic plans and annual operational plans
61 Planning periods
(1) In this Part, planning period means a period not exceeding 5 years that the Board declares to be a planning period for the purposes of this Part.
(2) The Board shall cause a copy of each declaration made under subsection (1) to be given to the Minister.
(3) Where:
(a) the Board declares a period (in this subsection referred to as the first period) to be a planning period for the purposes of this Part; and
(b) the Board subsequently declares a period (in this subsection referred to as the second period) commencing during the first period and ending after the end of the first period to be a planning period for the purposes of this Part;
the following plans cease to have effect on the commencement of the second period:
(c) the strategic plan relating to the first period;
(d) an annual operational plan relating to the strategic plan referred to in paragraph (c).
62 Strategic plans
(1) The Board shall:
(a) before the commencement of each planning period, formulate a strategic plan, for the planning period concerned, setting out:
(i) the broad objectives of the National Energy Transition Authority in performing its functions during the planning period; and
(ii) a broad outline of the policies and strategies to be pursued by the National Energy Transition Authority to achieve those objectives; and
(iii) the policies and strategies to be pursued in achieving the new energy objectives and the functions outlined in subsection 9(1).
(b) from time to time, review and revise the strategic plan.
(2) A strategic plan, or a revision of a strategic plan, shall be submitted to the Minister as soon as practicable after it is formulated and before it comes into effect.
63 Annual operational plans
(1) The Chief Executive Officer shall:
(a) before the commencement of each financial year that is included in a planning period, formulate an annual operational plan, for the financial year concerned, setting out the details of:
(i) the strategies the National Energy Transition Authority proposes to pursue;
(ii) the activities the National Energy Transition Authority proposes to carry out; and
(iii) the resources the National Energy Transition Authority proposes to allocate to each such activity;
during the financial year in giving effect to the strategic plan that relates, or the intended strategic plan that will relate, to the financial year; and
(b) from time to time, review and revise the annual operational plan.
(2) An annual operational plan, or a revision of an annual operational plan:
(a) shall be submitted to the Board as soon as practicable after it is formulated; and
(b) has no effect until approved by the Board.
(3) Where a part only of a financial year is included in a particular planning period, subsection (1) applies to that part of the year as if a reference in that subsection to a financial year were a reference to that part of the year.
Part 7—Miscellaneous
64 Delegation by the National Energy Transition Authority
(1) The National Energy Transition Authority, in writing under its seal, delegate all or any of its powers or functions under this Act to:
(a) a Board member; or
(b) the CEO.
(2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the National Energy Transition Authority.
65 Delegation by Board
(1) The Board may, in writing, delegate to a Board member or the CEO any of its powers or functions under this Act.
(2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the Board.
66 Delegation and subdelegation by CEO
(1) The CEO may, in writing, delegate to a senior member of the staff referred to in section 49 any of the CEO’s powers or functions under this Act.
(2) If the National Energy Transition Authority or the Board delegates a power or function under subsection 64(1) or 65(1) to the CEO, the CEO may, in writing, subdelegate the power or function to a senior member of the staff referred to in section 49.
(3) In exercising any powers or performing any functions under the delegation or subdelegation, the delegate or subdelegate must comply with any directions of the CEO.
(4) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a subdelegation in a corresponding way to the way in which they apply in relation to a delegation.
67 Rules
(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.