Australian Renewable Energy Agency (General Funding Strategy) Determination 2018

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2018L01318 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by authority of the Minister for the Environment and Energy

Australian Renewable Energy Agency Act 2011

Australian Renewable Energy Agency (General Funding Strategy) Determination 2018

Section 19 of the Australian Renewable Energy Agency Act 2011 (the “Act”) provides that the Board of the Australian Renewable Energy Agency (“ARENA”) must, for each financial year, develop a General Funding Strategy (“GFS”) to govern the provision of financial assistance by ARENA under the Act. A GFS must relate to the financial year for which the strategy is developed and the next two financial years, and must state ARENA’s principal objectives and priorities for the provision of financial assistance during this time period. Each GFS must be developed during the financial year previous to that in which it commences.

Section 20 provides that, as soon as practicable after developing a GFS for a financial year, the Board must present a copy to the Minister for approval. Following this, the GFS becomes a non-disallowable legislative instrument made on the date of Ministerial approval.

The Australian Renewable Energy Agency (General Funding Strategy) Determination 2018 (the “Determination”) enacts ARENA’s GFS for the 2018/19 – 2020/21 financial years as a legislative instrument, as per the above.

The GFS for the 2018/19 – 2020/21 financial years is largely unchanged from the instrument that was prepared for the 2017/18 – 2019/20 financial years. ARENA consulted widely while preparing this earlier document. Consultation centred primarily on ARENA’s new investment priorities. The consultation process included a range of interviews and a series of workshops with industry and researchers in 2016. In addition, an embargoed version of the draft 2017 ARENA Investment Plan (a document closely related to the GFS, as outlined below) was distributed for input in March 2017. This consultation included a roundtable and written input from multiple Australian Government departments and agencies as well as energy industry leaders and broader industry groups and organisations.

Details of the Determination are outlined in Attachment A.

A statement of the Determination’s compatibility with human rights is set out in Attachment B.

There are no statutory pre-conditions that need to be satisfied before the power to make the Determination may be exercised.


ATTACHMENT A

Details of the Australian Renewable Energy Agency (General Funding Strategy) Determination 2018

Section 1 – Name of Determination

Section 1 provides that the title of the Determination is the Australian Renewable Energy Agency (General Funding Strategy) Determination 2018.

Section 2 – Commencement

Section 2 provides that the Determination commences the day after it is registered on the Federal Register of Legislation. To avoid any retrospectivity, this clause is taken to override sub-section 21(1) of the Act.

Section 3 – Authority

Section 3 provides that the Determination is made under the Australian Renewable Energy Agency Act 2011.

Section 4 – Definitions

Section 4 provides that the term “Act” in the instrument refers to the Australian Renewable Energy Agency Act 2011.

Section 5 – Repeals

Section 5 provides that the Determination, on the day that it comes into force, repeals the previous GFS (the Australian Renewable Energy Agency (General Funding Strategy) Determination 2017 (the “2017 Determination”)). The power to do this derives from sub-section 33(3) of the Acts Interpretation Act 1901[1] read in conjunction with sub-section 21(2) of the Act.

Section 6 – Approval of General Funding Strategy

Section 6 provides that, by signing the Determination, the Minister thereby approves and makes the GFS for the 2018/19 – 2020/21 financial years (at Schedule 1 of the Determination) as a non-disallowable legislative instrument as at the date of signature. The power to do this derives from sub-section 20(2) of the Act.

It should be noted that sub-section 19(2) of the Act requires a GFS to be developed during the financial year previous to that in which it commences. The GFS for the 2018/19 – 2020/21 financial years was developed by the Board in the 2017/18 financial year, as required by sub-section 19(2).

The GFS for the 2018/19 – 2020/21 financial years should be read in conjunction with the latest ARENA Investment Plan. While the Investment Plan does not form part of the Determination (and is therefore not formally part of the 2018/19 – 2020/21 GFS), it does outline non-binding principles the Board will consider when assessing funding applications.


ATTACHMENT B

Statement of Compatibility with Human Rights

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

 

Australian Renewable Energy Agency (General Funding Strategy) Determination 2018

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

The Australian Renewable Energy Agency (General Funding Strategy) Determination 2018 enacts the Australian Renewable Energy Agency’s General Funding Strategy for the 2018/19 – 2020/21 financial years as a legislative instrument.

Human rights implications

This legislative instrument does not engage any of the applicable human rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

 

The Hon Josh Frydenberg MP

Minister for the Environment and Energy

[1] Under sub-section 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Overview

The Australian Renewable Energy Agency (General Funding Strategy) Determination 2018 was enacted to formalise the funding strategy of the Australian Renewable Energy Agency (ARENA) for the 2018/19 to 2020/21 financial years. The determination was made under the Australian Renewable Energy Agency Act 2011, which was enacted in 2011 to establish ARENA as the Australian Government's dedicated agency for supporting the development, commercialisation, and deployment of renewable energy technologies. The primary policy objective of the Act is to accelerate the uptake of renewable energy through targeted investment and funding strategies. The Determination, by setting a specific General Funding Strategy (GFS) for the stated financial years, helps ensure that ARENA's funding activities are aligned with the government's renewable energy goals, facilitating the transition to a more sustainable energy future. The Minister for the Environment and Energy approved the Determination, which became effective upon its registration on the Federal Register of Legislation, thereby replacing the previous GFS for 2017/18 to 2019/20.

Scope and Application

The Australian Renewable Energy Agency (General Funding Strategy) Determination 2018 is a legislative instrument enacted under the Australian Renewable Energy Agency Act 2011, which governs the activities of the Australian Renewable Energy Agency (ARENA). The Determination applies to ARENA and specifies its General Funding Strategy (GFS) for the financial years 2018/19 to 2020/21, detailing the agency's principal objectives and priorities for providing financial assistance in renewable energy projects during this period. This Determination replaces the previous GFS for the years 2017/18 to 2019/20. The Minister for the Environment and Energy must approve the GFS, which then becomes a non-disallowable legislative instrument. This process ensures that ARENA's funding strategies are formally recognised and implemented, aligning with the legislative requirements set out in the Act. The Determination is designed to be read in conjunction with the latest ARENA Investment Plan, although the Investment Plan itself is not part of the Determination and does not constitute part of the formal GFS.

Key Provisions

The Australian Renewable Energy Agency (General Funding Strategy) Determination 2018 primarily focuses on enacting the General Funding Strategy (GFS) for the Australian Renewable Energy Agency (ARENA) for the financial years 2018/19 to 2020/21, as per section 19 of the Australian Renewable Energy Agency Act 2011 (the "Act"). Section 20 of the Act mandates that ARENA's Board develop a GFS for each financial year, detailing the principal objectives and priorities for the provision of financial assistance over the specified period. This strategy must be formulated in the financial year preceding its implementation, ensuring a timely and well-considered approach to funding decisions. The Determination outlines the GFS for the designated financial years, requiring the Board to present it to the Minister for approval as soon as practicable after its development. Once approved by the Minister, the GFS becomes a non-disallowable legislative instrument, effective from the date of Ministerial approval (Section 6). This legislative instrument largely mirrors the GFS prepared for the preceding financial years, reflecting ARENA's ongoing commitment to its investment priorities. ARENA's consultation process for developing this strategy involved extensive engagement with industry stakeholders, researchers, and government agencies, ensuring a broad-based and inclusive approach to policy development. Under the Act, ARENA and its Board are required to develop a GFS that aligns with the agency's strategic objectives and priorities for providing financial assistance. This involves a thorough consultation process and the consideration of feedback from various stakeholders. Once the GFS is developed, it must be presented to the Minister for the Environment and Energy for approval. Upon approval, the GFS becomes a binding legislative instrument, setting the framework for ARENA's financial assistance activities for the specified period. The Determination also addresses the legal framework for its enactment and the implications for previous GFS. Specifically, section 5 of the Determination repeals the Australian Renewable Energy Agency (General Funding Strategy) Determination 2017, ensuring that the 2018/19 – 2020/21 GFS is the current governing instrument. This repeal is executed under the authority granted by the Acts Interpretation Act 1901, which allows for the amendment or repeal of legislative instruments as necessary. The newly enacted GFS should be read in conjunction with the latest ARENA Investment Plan, although it is noted that the Investment Plan itself is not part of the Determination and does not carry the same legal force. In terms of compliance and enforcement, the Determination does not explicitly outline specific offences or penalties for non-compliance with the GFS. However, any breaches of the Act or the Determination could potentially lead to civil or criminal consequences, depending on the nature and severity of the breach. The Act itself provides for various enforcement mechanisms, including the potential for penalties to be imposed by courts or regulatory bodies. It is essential for ARENA and its Board to adhere to the provisions of the Determination to ensure compliance with the legislative requirements governing the provision of financial assistance for renewable energy projects.

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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.