Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Determination 2012

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2012L01324 Not in force Legislative Instrument

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Commonwealth of Australia

 

Australian Renewable Energy Agency (Consequential Amendments and

 Transitional Provisions) Act 2011

Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Determination 2012

Explanatory Statement

Issued by the authority of the Minister for Resources and Energy

MARTIN FERGUSON

 

Date of approval: 18 June 2012

 

 

 

AUSTRALIAN RENEWABLE ENERGY AGENCY (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) DETERMINATION 2012

 

 

General Outline

 

Paragraph (2)(a) of item 2 in Division 1 of Part 2 of Schedule 2 (Paragraph (2)(a)) of the Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Act 2011 (the Act) grants the Minister the power, by legislative instrument, to specify programs or initiatives for the purpose of subparagraph (1)(a)(vii) in item 2 of Division 1 of Part 2 of Schedule 2 of the Act. 

Specification of a program or initiative

 

As a transitional provision, paragraph (1) of item 2 in Division 1 of Part 2 of Schedule 2 of the Act provides for the transfer of certain funding agreements to which the Commonwealth was a party before the first transition time, namely 1 July 2012, to the Australian Renewable Energy Agency (ARENA), the agency created by the Australian Renewable Energy Agency Act 2011 (the ARENA Act).  ARENA is a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997.

 

Paragraph (1) in item 2 of Division 1 of Part 2 of Schedule 2 identifies a number of programs under which the Commonwealth is a party to various funding agreements and which are to be transferred to ARENA. 

 

Subparagraph (1)(a)(vii) in item 2 of Division 1 of Part 2 of Schedule 2 recognises that the Commonwealth may become a party to additional funding agreements for programs and initiatives which must be transferred to ARENA before the first transition time.  Such agreements could be entered into under a program that did not exist at the date when the Act received Royal Assent or may be entered into under a pre-existing program under which no funding agreements had been agreed at the date when the Act received Royal Assent, 4 December 2011.

 

The Support for Advanced Biofuels Initiative includes the $15 million competitive merit-based Advanced Biofuels Investment Readiness (ABIR) Program and the $5 million Foundation Grant to James Cook University for the High Energy Fuels Project. This Determination ensures that the ABIR Program and James Cook funding agreement will be transferred to ARENA with effect from 1 July 2012.

 

This Determination was made in accordance with the Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Act 2011.

 

Specification of an agreement

 

As a transitional provision, paragraph (1) of item 2 in Division 1 of Part 2 of Schedule 2 of Schedule 2 of the Act provides for the transfer of certain funding agreements to which the Commonwealth was a party before the first transition time, namely 1 July 2012, to the Australian Renewable Energy Agency (ARENA), the agency created by the Australian Renewable Energy Agency Act 2011 (the ARENA Act).  ARENA is a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997.

 

Paragraph (1) in item 2 of Division 1 of Part 2 of Schedule 2 identifies a number of programs under which the Commonwealth is a party to various funding agreements and which are to be transferred to ARENA. 

 

Paragraph (1)(d) in item 2 of Division 1 of Part 2 of Schedule 2 recognises that the Commonwealth may be a party to additional funding agreements which must be transferred to ARENA before the first transition time. 

 

The funding agreement between the Commonwealth of Australia and the Australian Solar Institute Ltd (ASI), was executed on 24 August 2009 and last varied on 1 December 2011.  This Determination ensures that the head funding agreement with the ASI will be transferred to ARENA with effect from 1 July 2012.  Any funding agreements that the ASI has entered into are transferred pursuant to item 7 in Division 2 of Part 2 of Schedule 2 of the Act.

 

This Determination was made in accordance with the Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Act 2011.

 

Legislative Authority

 

Paragraph (2)(a) of item 2 in Division 1 of Part 2 of Schedule 2 of the Act, allows the Minister, by legislative instrument, to specify programs or initiatives for the purpose of subparagraph (1)(a)(vii) in item 2 of Division 1 of Part 2 of Schedule 2 of the Act. 

 

Paragraph (2)(b) of item 2 in Division 1 of Part 2 of Schedule 2 of the Act, allows the Minister for Resources and Energy, by legislative instrument, to specify a funding agreement for the purpose of paragraph (1)(d) in item 2 of Division 1 of Part 2 of Schedule 2 of the Act. 

 

The Act may be found at:

 

http://www.comlaw.gov.au/Details/C2011A00152.

 

Once the Determination has been placed on the Federal Register of Legislative Instruments it can be found at:

 

http://www.frli.gov.au/ComLaw/legislation/legislativeinstrument1.nsf/sh/browse&CATEGORY=legislativeinstrument

 

Consultation

There is normally a requirement under section 17 of the Legislative Instruments Act 2003 (the LI Act) for the rule-maker to be satisfied that any consultation that is considered by the rule-maker to be appropriate, and that it is reasonably practicable to undertake, has been undertaken. 

 

Despite section 17, the nature of an instrument may be such that consultation may be unnecessary or inappropriate.  In accordance with paragraph 18(2)(a) of the LI Act the rule-maker may be satisfied that consultation is unnecessary or inappropriate because the Determination is an instrument that is of a minor or machinery nature and that it does not substantially alter existing arrangements. 

 

The Minister is satisfied in this case that paragraph 18(2)(a) is applicable as the Determination does not alter or affect existing arrangements.  As of 1 July 2012 ARENA will administer the agreements, program or initiatives that were previously administered by the Commonwealth.  The same employees of the Department of Resources, Energy and Tourism who currently administer the agreements, programs or initiatives will be made available to do the same work for ARENA.

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

Item 2 of Division 1 of Part 2 of Schedule 2 of the Act identifies existing agreements of the Commonwealth, the administration of which are to be taken over by ARENA.  The agreements in question provide for financial assistance, and are generally identified by reference to the Commonwealth program from which the relevant funding is drawn.  There is also provision for the Minister, by legislative instrument, to specify additional programs in relation to which agreements can be transferred to ARENA, or agreements that are to be transferred to ARENA.  This is to enable agreements entered into between the time of the introduction of the Bill for the Act and the Bill for the ARENA Act and the first transition time to be transferred to ARENA. 

 

The initiative specified in clause 4 of the Determination is the Support for Advanced Biofuels Initiative including the Advanced Biofuels Investment Readiness Program and the Foundation Grant to James Cook University for the High Energy Algal Fuels Project.  The agreement referred to in clause 5 of the Determination relates to the funding agreement between the Commonwealth of Australia and the Australian Solar Institute Ltd executed on 24 August 2009 and last varied on 1 December 2011.

 

Human Rights Implications

 

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

Financial Implications

 

There are no financial implications.

 

Date of Effect

 

The Determination will commence on 1 July 2012.


Notes on Provisions

 

Clause 1 – Name of Guidelines

 

This prescribes the name of the Determination as the Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Determination 2012.

 

Clause 2 - Commencement

 

Clause 2 provides for the Determination to commence on 1 July 2012.

 

Clause 3 - Definition

 

Clause 3, for the purpose of this Determination, provides a definition of the Act authorising the making of the Determination.  That is the Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Act 2011.

 

Clause 4 – Specification of program or initiative

 

Clause 4 specifies that the Support for Advanced Biofuels Initiative is an initiative in respect of which associated funding agreements are to be transferred to ARENA with effect from 1 July 2012.

 

Clause 5 – Specification of an agreement

 

Clause 5 specifies that the head funding agreement between the Commonwealth of Australia and the ASI will be transferred to ARENA with effect from 1 July 2012.

 

Overview

The Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Act 2011 was enacted to address the transition of certain funding agreements and programs from the Commonwealth to the newly established Australian Renewable Energy Agency (ARENA). This Act was introduced by the Australian Parliament and received Royal Assent on 4 December 2011. The primary objective of the Act is to facilitate the smooth transfer of responsibilities and assets related to renewable energy initiatives from the Commonwealth to ARENA, ensuring continuity in funding and program administration as the new agency assumes its role. The Act empowers the Minister for Resources and Energy to specify additional programs and funding agreements that need to be transferred to ARENA, addressing any agreements entered into between the introduction of the Bill for the Act and the ARENA Act and the first transition time of 1 July 2012. The accompanying determination outlines the specific programs and funding agreements to be transferred, including the Support for Advanced Biofuels Initiative and the funding agreement with the Australian Solar Institute Ltd.

Scope and Application

The Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Determination 2012 applies to the transfer of specific funding agreements and programs from the Commonwealth to the Australian Renewable Energy Agency (ARENA). Established under the Australian Renewable Energy Agency Act 2011, ARENA is designated as a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997. The Act facilitates the transition of certain funding agreements to ARENA, including those entered into before the first transition time of 1 July 2012, and allows for the specification of additional programs and initiatives to be transferred if entered into before the Act received Royal Assent on 4 December 2011. This includes the Support for Advanced Biofuels Initiative and a funding agreement with the Australian Solar Institute Ltd. The Determination was made under the authority granted by the Act and does not require consultation as it is deemed of a minor or machinery nature and does not substantially alter existing arrangements. The Determination ensures compatibility with human rights, has no financial implications, and will take effect from 1 July 2012.

Key Provisions

The Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Determination 2012, made under the Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Act 2011, outlines the transfer of specific funding agreements and programs to the Australian Renewable Energy Agency (ARENA) as of 1 July 2012. Section 2(1) of the Determination mandates the transfer of certain funding agreements that the Commonwealth was a party to before the transition date to ARENA. This includes agreements under various programs such as the Support for Advanced Biofuels Initiative, including the Advanced Biofuels Investment Readiness (ABIR) Program and a grant to James Cook University for the High Energy Fuels Project. Additionally, section 2(1)(d) recognises the transfer of agreements that the Commonwealth may enter into before the transition date. The determination specifies that the head funding agreement with the Australian Solar Institute Ltd, executed on 24 August 2009 and last varied on 1 December 2011, will also be transferred to ARENA. This legislative instrument imposes obligations on the Minister for Resources and Energy to ensure that these specified agreements and programs are effectively transferred to ARENA by the stipulated date. The Minister must also ensure that the same employees who were administering these agreements for the Commonwealth will continue their duties for ARENA. Failure to comply with these provisions could result in administrative inefficiencies and potential legal challenges regarding the continuity of funding and project management. The Determination specifies no explicit offences or penalties for non-compliance with its provisions; however, any breaches could be subject to administrative or judicial review under relevant legislation governing public administration and the operation of Commonwealth authorities. The Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Determination 2012 includes provisions that outline potential consequences for non-compliance, although it does not specify explicit offences or penalties. Under the overarching framework of the Commonwealth Authorities and Companies Act 1997, any failure to transfer the specified funding agreements and programs to ARENA by the designated date could be subject to scrutiny and corrective actions. This may include administrative penalties, judicial review, or other remedial measures to ensure compliance. Additionally, the failure to transition these agreements and programs could impact the continuity and funding of critical renewable energy initiatives, potentially leading to legal disputes or enforcement actions by affected parties. The overarching objective is to ensure a seamless transition of responsibilities and funding, thereby maintaining the integrity and progress of renewable energy projects under ARENA's administration.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.