Acts Interpretation (Acting Arrangements in the Climate Change and Energy Portfolio) Repeal Authorisation 2025

Overview

The Acts Interpretation (Acting Arrangements in the Climate Change and Energy Portfolio) Repeal Authorisation 2025I, enacted on 29 September 2025 by Chris Bowen, the Minister for Climate Change and Energy, under the authority granted by paragraph 34AAB(4) of the Acts Interpretation Act 1901, serves to revoke the previously authorised acting arrangements for the Minister for Industry and Science. This repeal addresses the need to streamline the delegation of certain functions, duties, and powers related to the Australian Renewable Energy Agency Act 2011, specifically those concerning the Battery Breakthrough Initiative grant program outlined in Schedule 1 of the Australian Renewable Energy Agency (General Funding Strategy) Approval 2024. The objective of this legislation is to ensure a clear and direct line of authority for the administration of renewable energy initiatives, thereby enhancing accountability and efficiency within the Climate Change and Energy portfolio. This instrument takes effect on the day after its registration on the Federal Register of Legislation.

Scope and Application

The Acts Interpretation (Acting Arrangements in the Climate Change and Energy Portfolio) Repeal Authorisation 2025I applies to the Minister for Climate Change and Energy, specifically Chris Bowen, and pertains to the functions, duties, and powers under sections 11, 12, and 25 of the Australian Renewable Energy Agency Act 2011. This revocation pertains solely to the Battery Breakthrough Initiative grant program, as outlined in Schedule 1 of the Australian Renewable Energy Agency (General Funding Strategy) Approval 2024. The authorisation affects the acting arrangements previously authorised to the Minister for Industry and Science, thereby impacting the portfolio's administrative and decision-making processes. The repeal takes effect on the day after the instrument is registered on the Federal Register of Legislation, underscoring the immediacy of the changes in the authorisation process.

Key Provisions

The main operative sections of the Acts Interpretation (Acting Arrangements in the Climate Change and Energy Portfolio) Repeal Authorisation 2025I (F2025N00828) are sections 1 and 2 (subsections 1(1) and 2(1)). Section 1 revokes the previous authorisation which allowed the Minister for Industry and Science to act on behalf of the Minister for Climate Change and Energy under certain sections of the Australian Renewable Energy Agency Act 2011. Specifically, this pertains to functions, duties, and powers exercised in relation to the Battery Breakthrough Initiative grant program, as outlined in Schedule 1 to the Australian Renewable Energy Agency (General Funding Strategy) Approval 2024. The revocation takes effect immediately upon the instrument's registration on the Federal Register of Legislation. The Act imposes certain obligations on the parties involved, primarily by ensuring that the Minister for Climate Change and Energy, Chris Bowen, is the sole authorised representative for the specified functions and duties related to the Battery Breakthrough Initiative grant program. This includes ensuring that all actions and decisions pertaining to the grant program are carried out under the authority of Chris Bowen, as per the Australian Renewable Energy Agency Act 2011. The Act also requires that any previous arrangements for the Minister for Industry and Science acting on behalf of Chris Bowen are formally terminated, thereby reaffirming the direct oversight by the Minister for Climate Change and Energy. The repeal of the previous authorisation does not introduce new offences or penalties per se, but it does realign the authority and responsibilities concerning the Battery Breakthrough Initiative grant program. Any breaches of this new arrangement, such as the Minister for Industry and Science continuing to act on behalf of Chris Bowen without proper authorisation, could lead to legal challenges regarding the validity of actions taken. Although the Act itself does not outline specific penalties, breaches of the Australian Renewable Energy Agency Act 2011 or related regulations could result in legal consequences, including fines or other civil remedies. It is also important to note that any actions taken under the previous authorisation before the revocation may be subject to scrutiny and could potentially be voided if found to be in breach of the new authorisation structure. In summary, the Acts Interpretation (Acting Arrangements in the Climate Change and Energy Portfolio) Repeal Authorisation 2025I (F2025N00828) serves to clarify and realign the authority over the Battery Breakthrough Initiative grant program, ensuring that all relevant functions and duties are performed under the direct oversight of the Minister for Climate Change and Energy. The obligations under this Act are primarily administrative, ensuring that the proper authorisations are in place and followed. While the Act itself does not introduce new penalties, adherence to the authorised arrangements is crucial to avoid potential legal complications under the Australian Renewable Energy Agency Act 2011.