Australian Renewable Energy Agency (General Funding Strategy) Determination 2019

Administered by Department of Industry, Science and Resources

Legislation au F2019L01061 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by authority of the Minister for Energy and Emissions Reduction

Australian Renewable Energy Agency Act 2011

Australian Renewable Energy Agency (General Funding Strategy) Determination 2019

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 2019 (the “Determination”) enacts ARENA’s GFS for the 2019/20 – 2021/22 financial years as a legislative instrument, as per the above.

The GFS for the 2019/20 – 2021/22 financial years is largely unchanged from the instrument that was prepared for the 2017/18 – 2019/20 financial years. The only substantive modification is the insertion of new investment priorities. ARENA consulted industry stakeholders and held a planning day with the ARENA Board in the process of developing these new investment priorities.

Details of the Determination are outlined in Attachment A.

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 2019

Section 1 – Name of Determination

Section 1 provides that the title of the Determination is the Australian Renewable Energy Agency (General Funding Strategy) Determination 2019.

Section 2 – Commencement

Section 2 provides that the Determination commences from the time it was made by the Minister. This follows the requirements of 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 2018). 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 2019/20 – 2021/22 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 2019/20 – 2021/22 financial years was developed by the Board in the 2018/19 financial year, as required by sub-section 19(2).

The GFS for the 2019/20 – 2021/22 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 2019/20 – 2021/22 GFS), it does outline non-binding principles the Board will consider when assessing funding applications.

[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 2019 was enacted to address the need for a structured approach to funding renewable energy projects across Australia. This legislation was introduced by the Australian Parliament and is an implementation of the Australian Renewable Energy Agency Act 2011. The primary objective of this Act is to facilitate the development and implementation of a General Funding Strategy by the Board of the Australian Renewable Energy Agency (ARENA). This strategy is essential for governing the provision of financial assistance to projects aimed at reducing greenhouse gas emissions and promoting renewable energy technologies. The determination ensures that the funding strategy aligns with national priorities and effectively supports the transition towards a sustainable energy future.

Scope and Application

The Australian Renewable Energy Agency (General Funding Strategy) Determination 2019 is an instrumental legislative instrument that governs the financial assistance provided by the Australian Renewable Energy Agency (ARENA) for the 2019/20 to 2021/22 financial years. This Determination, enacted under the Australian Renewable Energy Agency Act 2011, sets forth the General Funding Strategy (GFS) that the ARENA Board must develop annually, outlining the principal objectives and funding priorities for the specified period. The Act applies to ARENA, an agency of the Australian government, and its activities related to the provision of financial assistance for renewable energy projects across the nation. This legislative instrument has a national reach, influencing various stakeholders within the renewable energy sector, including developers, investors, and technology providers. Notably, the Determination does not specify exclusions or exemptions but focuses on the strategic allocation of funds to advance renewable energy initiatives. The application of the Act can be extended or restricted through subordinate instruments, facilitating adjustments to the GFS as necessary to align with evolving industry needs and policy objectives.

Key Provisions

The Australian Renewable Energy Agency (General Funding Strategy) Determination 2019 (the “Determination”) enacts the General Funding Strategy (GFS) for the Australian Renewable Energy Agency (ARENA) for the 2019/20 to 2021/22 financial years, as required by section 19 of the Australian Renewable Energy Agency Act 2011 (the “Act”). The Determination largely retains the structure and objectives of the previous GFS for the 2017/18 to 2019/20 financial years, with the key difference being the addition of new investment priorities (Section 6). This update was developed through consultation with industry stakeholders and input from the ARENA Board. The Determination imposes several obligations on ARENA and the Minister. Firstly, the Board must develop a GFS for each financial year, detailing ARENA’s principal objectives and priorities for the provision of financial assistance over the subsequent three years. This must occur during the financial year preceding the one for which the GFS is intended (section 19(2) of the Act). Once developed, the Board must present the GFS to the Minister for approval as soon as practicable, after which it becomes a non-disallowable legislative instrument on the date of Ministerial approval (section 20 of the Act). The Determination also outlines the consequences for non-compliance with the Act’s requirements. While the Determination itself does not specify offences, penalties, or consequences for breach, the Act provides a framework for such matters. ARENA and the Minister must adhere to the statutory requirements for developing and approving the GFS, and failure to do so may result in legal and administrative consequences. For instance, the Act may provide for administrative penalties or other enforcement actions in cases of non-compliance. Additionally, any failure to comply with the approved GFS in the allocation of financial assistance could lead to scrutiny and potential review by the Minister or other relevant authorities.

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Environmental Law
Instrument
Determination
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Definitions & Interpretation
Commencement Provisions
Repeal & Amendment

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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.