Administrative Arrangements Order - 25 March 2013 amendment

Overview

The Administrative Arrangements Order 2013, gazetted on 25 March 2013, made amendments to the administrative arrangements within the Commonwealth Government, particularly restructuring the responsibilities and functions of certain departments to better address climate change and energy efficiency issues. Enacted by the Governor-General of the Commonwealth of Australia, with the advice of the Federal Executive Council, this Order aimed to streamline and consolidate the government's efforts in managing climate change policies, renewable energy, and energy efficiency. The policy objective behind these amendments was to ensure a more cohesive and effective approach to climate change and energy policy, thereby enhancing the coordination and implementation of related legislation and initiatives.

Scope and Application

The Administrative Arrangements Order amends the responsibilities of departments within the Commonwealth government, particularly focusing on climate change and energy efficiency matters. This Act applies to federal departments and relevant ministers, specifically assigning the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education with a broadened mandate that includes the development and coordination of domestic and international climate change policies, international climate change negotiations, and the design and implementation of emissions trading schemes. The Order also extends the department’s responsibilities to include renewable energy target policy, regulation, and coordination, as well as climate change adaptation strategy and coordination. Furthermore, the Order places specific legislative responsibilities under the purview of the Minister, encompassing a range of Acts related to emissions trading, climate change, clean energy, and renewable energy. Concurrently, the Department of Resources, Energy and Tourism is tasked with energy efficiency matters, including administering legislation aimed at improving building energy efficiency and setting minimum standards for greenhouse and energy performance. The Act's jurisdictional reach is national, applying across the Commonwealth of Australia.

Key Provisions

The Administrative Arrangements Order of 2013 (C2013G00493) makes several significant amendments to the allocation of responsibilities within the Australian Government. Under Part 4, the Department of Climate Change and Energy Efficiency is deleted, and its functions are redistributed to the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Part 13). This department now oversees a broader range of climate change and energy matters. These include the development and coordination of domestic and international climate change policy (Section 1), participation in international climate change negotiations (Section 2), the design and implementation of emissions trading schemes (Section 3), the regulation and coordination of the renewable energy target policy (Section 4), and the reporting of greenhouse gas emissions and energy consumption (Section 5). Furthermore, the department is tasked with developing and coordinating climate change adaptation strategies (Section 6), coordinating climate change science activities (Section 7), administering renewable energy programs (Section 8), implementing greenhouse gas abatement programs (Section 9), and promoting community and household climate action initiatives (Section 10). The Minister for this expanded department is now responsible for a wide array of legislation. This includes the Australian National Registry of Emissions Units Act 2011, the Carbon Credits (Carbon Farming Initiative) Act 2011, and several Clean Energy Acts, among others. The detailed list of Acts administered by the Minister is extensive, reflecting the broad scope of responsibilities now vested in this department. Additionally, Part 17 of the Order assigns the matter of energy efficiency to the Department of Resources, Energy and Tourism. This department is also responsible for administering the Building Energy Efficiency Disclosure Act 2010, the Greenhouse and Energy Minimum Standards Act 2012, and the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012. Failure to comply with the obligations and requirements set out in the amended Administrative Arrangements Order can result in significant consequences. While the specific offences and penalties are not detailed within the text of the Order itself, breaches of the responsibilities and legislative provisions administered by the relevant departments could lead to legal actions. These actions might include fines, administrative penalties, or other civil and criminal consequences as stipulated by the individual Acts. The maximum penalties for breaches of these Acts vary, and they are detailed within the respective legislation, such as the Clean Energy Acts and the Greenhouse and Energy Minimum Standards Act. It is essential for entities and individuals governed by these Acts to adhere to the stipulated requirements to avoid any potential legal ramifications.