Clean Energy Regulator Act 2011
No. 163, 2011
Compilation No. 18
Compilation date: 3 November 2025
Includes amendments: Act No. 123, 2024
About this compilation
This compilation
This is a compilation of the Clean Energy Regulator Act 2011 that shows the text of the law as amended and in force on 3 November 2025 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
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.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
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. Any modifications affecting the law are accessible on the Register.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Short title
2 Commencement
3 Simplified outline
4 Definitions
5 Vacancy in the office of a member of the Regulator
6 Crown to be bound
7 Extension to external Territories
8 Extension to exclusive economic zone and continental shelf
9 Extension to Greater Sunrise special regime area
10 Application to foreign ships
Part 2—Clean Energy Regulator
Division 1—Regulator’s establishment, functions, powers and liabilities
11 Clean Energy Regulator
12 Functions of the Regulator
13 Powers of the Regulator
15 Regulator has privileges and immunities of the Crown
Division 2—Membership of the Regulator
17 Membership of the Regulator
18 Appointment of members of the Regulator
19 Period of appointment for members of the Regulator
20 Acting members of the Regulator
Division 3—Terms and conditions for members of the Regulator
21 Remuneration
22 Disclosure of interests
24 Outside employment
25 Leave of absence
26 Resignation
27 Termination of appointment
28 Other terms and conditions
Division 4—Decision‑making by the Regulator
29 Holding of meetings
30 Presiding at meetings
31 Quorum
32 Voting at meetings etc.
33 Conduct of meetings
34 Minutes
Division 5—Delegation
35 Delegation by…
Overview
The Clean Energy Regulator Act 2011, enacted by the Australian Parliament, establishes the Clean Energy Regulator to oversee and manage the implementation of various climate change and biodiversity laws. The primary objective of this Act is to provide a dedicated regulatory body responsible for ensuring compliance with and the effective administration of these laws, which include the Carbon Credits (Carbon Farming Initiative) Act 2011, the Future Made in Australia (Guarantee of Origin) Act 2024, the National Greenhouse and Energy Reporting Act 2007, the Renewable Energy (Electricity) Act 2000, the Australian National Registry of Emissions Units Act 2011, and the Nature Repair Act 2023. The Clean Energy Regulator is tasked with functions such as monitoring emissions, managing carbon credit schemes, and ensuring that renewable energy targets are met. The Act also outlines the structure, membership, powers, and operational procedures of the Regulator, as well as provisions for the handling of sensitive information and the delegation of its powers.
Scope and Application
The Clean Energy Regulator Act 2011 (the "Act") establishes the Clean Energy Regulator (the "Regulator") and outlines its functions, powers, and liabilities. The Act applies to the Regulator as an entity and its members, staff, and officials. The Act's jurisdiction extends to the Commonwealth of Australia, including its external Territories, the exclusive economic zone, the continental shelf, and the Greater Sunrise special regime area, as defined under the Seas and Submerged Lands Act 1973. The Act does not apply to foreign ships to the extent that its application would be inconsistent with the exercise of rights of foreign ships in Australian waters under the United Nations Convention on the Law of the Sea. The Regulator's functions include those conferred by climate change laws, biodiversity laws, other Commonwealth laws, and regulations, as well as any functions incidental to these. The Act also governs the appointment, terms, and conditions of the Regulator’s members, decision-making processes, delegation of powers, and staff arrangements. Additionally, the Act imposes secrecy obligations on officials of the Regulator concerning protected information and outlines specific circumstances under which such information may be disclosed, including for law enforcement purposes, to facilitate the development of methodology determinations under certain Acts, or to assist specific agencies and bodies in performing their functions. The Act also allows for the making of regulations to prescribe matters necessary or convenient to carry out or give effect to the Act.
Key Provisions
- The Clean Energy Regulator Act 2011 establishes the Clean Energy Regulator, outlining its establishment, functions, powers, membership, and operational procedures. Section 11 establishes the Clean Energy Regulator, which has the functions set forth in Section 12, such as those conferred by climate change and biodiversity laws. Section 13 grants the Regulator the necessary powers to perform its functions, and Section 15 ensures it has the Crown's privileges and immunities. Membership details, including appointment, eligibility, and terms of office, are covered in Sections 17-28. Operational aspects, including decision-making processes, delegation of powers, and staff provisions, are detailed in Sections 29-38. The Act also mandates corporate planning and annual reporting, with specifics in Sections 39-40.
- The Act imposes several obligations on the Regulator and its members. Members must disclose their interests and avoid conflicts of interest, as outlined in Sections 22 and 24. Remuneration and other terms of service are governed by Sections 21 and 28. The Regulator must keep minutes of its meetings, as stipulated in Section 34. Additionally, the Minister can issue directions to the Regulator regarding its functions and powers, subject to certain conditions and exceptions detailed in Section 41.
- The Act delineates several offences and penalties for breaches, primarily concerning the misuse of protected information. Section 43 establishes that unauthorised disclosure or use of protected information by an official of the Regulator is an offence, punishable by up to two years imprisonment or 120 penalty units, or both. Exceptions and conditions for permissible disclosure are detailed in Sections 44-56A. Secondary disclosure and use of protected information by entities or individuals who receive such information are also criminalised under Sections 50 and 55, with similar penalties. Conditions imposed on the use or disclosure of protected information can also result in offences if breached, as outlined in Sections 49, 50, and 55.
- Area of Law
- Environmental Law
- Climate Change Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Regulatory Standards
- Enforcement Powers
- Reporting & Disclosure Obligations
- Delegation
