Federal Register of Legislation - Australian Government

Primary content

Australian Renewable Energy Agency Regulation 2016

Authoritative Version
Regulations as amended, taking into account amendments up to Australian Renewable Energy Agency Amendment (Powering Australia) Regulations 2022
Administered by: Climate Change, Energy, the Environment and Water
Registered 26 Jul 2022
Start Date 23 Jul 2022
Table of contents.

Commonwealth Coat of Arms of Australia

Australian Renewable Energy Agency Regulation 2016

made under the

Australian Renewable Energy Agency Act 2011

Compilation No. 4

Compilation date:                              23 July 2022

Includes amendments up to:            F2022L01004

Registered:                                         26 July 2022

About this compilation

This compilation

This is a compilation of the Australian Renewable Energy Agency Regulation 2016 that shows the text of the law as amended and in force on 23 July 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

Part 2—Australian Renewable Energy Agency                                                                            2

5............ ARENA’s prescribed functions—Clean Energy Innovation Fund................................ 2

6............ ARENA’s prescribed functions—energy efficiency technologies and electrification technologies          2

7............ Limits of functions—energy efficiency technologies and electrification technologies... 2

Endnotes                                                                                                                                                                 4

Endnote 1—About the endnotes                                                                                                        4

Endnote 2—Abbreviation key                                                                                                            5

Endnote 3—Legislation history                                                                                                         6

Endnote 4—Amendment history                                                                                                       7

 


Part 1Preliminary

  

1  Name

                   This is the Australian Renewable Energy Agency Regulation 2016.

3  Authority

                   This instrument is made under the Australian Renewable Energy Agency Act 2011.

4  Definitions

Note:          A number of expressions used in this instrument are defined in the Act, including the following:

(a)    ARENA (short for Australian Renewable Energy Agency);

(b)    Climate Change Convention;

(c)    financial assistance.

                   In this instrument:

Act means the Australian Renewable Energy Agency Act 2011.

Clean Energy Innovation Fund means the fund known as the Clean Energy Innovation Fund that is administered by the Clean Energy Finance Corporation in accordance with any directions made under subsection 64(1) of the Clean Energy Finance Corporation Act 2012.

clean energy technologies has the same meaning as in the Clean Energy Finance Corporation Act 2012.

electrification technologies means:

                     (a)  technologies that use electricity and replace technologies that use fossil fuels; or

                     (b)  technologies that facilitate the replacement of technologies that use fossil fuels with technologies that use electricity.

energy efficiency technologies includes:

                     (a)  energy conservation technologies; and

                     (b)  demand management technologies; and

                     (c)  technologies (including enabling technologies) that are related to energy efficiency technologies.

Paris Agreement means the Paris Agreement, done at Paris on 12 December 2015, as in force for Australia from time to time.

Note:          The Paris Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Part 2Australian Renewable Energy Agency

  

5  ARENA’s prescribed functions—Clean Energy Innovation Fund

                   For the purposes of paragraph 8(f) of the Act, ARENA has the following functions:

                     (a)  to assist the Clean Energy Finance Corporation in the governance, management and administration of the Clean Energy Innovation Fund in relation to clean energy technologies;

                     (b)  without limiting paragraph (a), to do the following:

                              (i)  provide assistance to persons developing project proposals for financing from the Clean Energy Innovation Fund;

                             (ii)  provide advice to the Clean Energy Finance Corporation in relation to such proposals.

6  ARENA’s prescribed functions—energy efficiency technologies and electrification technologies

                   For the purposes of paragraph 8(f) of the Act, ARENA has the following functions:

                     (a)  to provide financial assistance for the following:

                              (i)  research into energy efficiency technologies or electrification technologies;

                             (ii)  the development or demonstration of energy efficiency technologies or electrification technologies;

                            (iii)  the commercialisation or deployment of energy efficiency technologies or electrification technologies;

                            (iv)  the storage and sharing of information and knowledge about energy efficiency technologies or electrification technologies;

                     (b)  to enter into agreements for the purpose of providing financial assistance as mentioned in paragraph (a) and to administer such agreements;

                     (c)  to collect, analyse, interpret and disseminate information and knowledge relating to the outcomes of the projects and other things for which financial assistance was provided as mentioned in paragraph (a);

                     (d)  to liaise with State and Territory governments and other authorities for the purpose of facilitating energy efficiency projects or electrification projects under which financial assistance is, or is proposed to be, provided as mentioned in paragraph (a).

7  Limits of functions—energy efficiency technologies and electrification technologies

                   The functions mentioned in section 6 of this instrument do not extend to providing financial assistance that is:

                     (a)  inconsistent with the Act; or

                     (b)  not authorised by the regulation‑making power provided for by paragraph 8(f) and section 74 of the Act; or

                     (c)  not in accordance with the general funding strategy that is in force under Subdivision A of Division 2 of Part 3 of the Act at the time when the agreement to provide the financial assistance is entered into; or

                     (d)  for a purpose other than the purpose of providing financial assistance for projects and other activities that could reasonably be expected to contribute to Australia meeting its obligations under:

                              (i)  the Climate Change Convention; or

                             (ii)  the Paris Agreement.


Endnotes

Endnote 1—About the endnotes

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.

 

Endnote 2—Abbreviation key

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)

LIA = Legislative Instruments Act 2003

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

 

Name

Registration

Commencement

Application, saving and transitional provisions

Australian Renewable Energy Agency Regulation 2016

9 May 2016 (F2016L00731)

10 May 2016 (s 2(1) item 1)

 

Australian Renewable Energy Agency Amendment (2020‑21 Budget Programs) Regulations 2021

18 May 2021 (F2021L00590)

19 May 2021 (s 2(1) item 1)
Note: disallowed by the Senate at 8.25 pm on 22 June 2021

Australian Renewable Energy Agency Amendment (Clean Energy Technologies) Regulations 2022

1 Apr 2022 (F2022L00481)

2 Apr 2022 (s 2(1) item 1)

Australian Renewable Energy Agency Amendment (Powering Australia) Regulations 2022

22 July 2022 (F2022L01004)

23 July 2022 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.............................................

rep LA s 48D

s 4.............................................

rs F2021L00590 (disallowed)

 

am F2022L00481; F2022L01004

Part 2

 

s 5.............................................

am F2021L00590 (disallowed)

 

am F2022L00481

s 6.............................................

ad F2021L00590 (disallowed)

 

ad F2022L00481

 

am F2022L01004

s 7.............................................

ad F2022L00481

 

am F2022L01004