Net Zero Economy Authority (Transitional Provisions) Act 2024

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Legislation au C2024A00082 In force Act

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Net Zero Economy Authority (Transitional Provisions) Act 2024

No. 82, 2024

 

 

 

 

 

An Act to deal with transitional matters arising from the enactment of the Net Zero Economy Authority Act 2024, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Application, saving and transitional provisions

Part 1—Preliminary

Part 2—Application and transitional provisions

Part 3—Transitional rules

 

 

 

Net Zero Economy Authority (Transitional Provisions) Act 2024

No. 82, 2024

 

 

 

An Act to deal with transitional matters arising from the enactment of the Net Zero Economy Authority Act 2024, and for related purposes

[Assented to 5 September 2024]

The Parliament of Australia enacts:

1  Short title

  This Act is the Net Zero Economy Authority (Transitional Provisions) Act 2024.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

At the same time as the Net Zero Economy Authority Act 2024 commences.

However, the provisions do not commence at all if that Act does not commence.

11 December 2024

 

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Application, saving and transitional provisions

Part 1—Preliminary

1  Definitions

(1) In this Schedule:

commencement day means the day this Act commences.

Department of the Prime Minister and Cabinet Enterprise Agreement means the Department of the Prime Minister and Cabinet Enterprise Agreement 2024–2027 approved under the Fair Work Act 2009 on 24 January 2024, as in force immediately before the commencement day.

non‑SES employee has the same meaning as in the Public Service Act 1999.

(2) Expressions used in this Schedule that are defined for the purposes of the Net Zero Economy Authority Act 2024 have the same meaning as in that Act.

Part 2—Application and transitional provisions

2  Energy industry jobs plan

(1) Subsections 9(1) and (2) of the Net Zero Economy Authority Act 2024 apply in relation to a notice given before, on or after the commencement day.

(2) In relation to a notice covered by subsection 9(1) or (2) of the Net Zero Economy Authority Act 2024 that was given before the commencement day, paragraph 56(2)(b) of that Act applies in relation to the making of any application under section 56 of that Act.

3  Appointment of first CEO

Paragraph 42(1)(b) of the Net Zero Economy Authority Act 2024 does not apply in relation to the first appointment made under subsection 42(1) of that Act.

Note: The effect of this item is that the Minister may appoint the first CEO without a recommendation of the Board.

4  Meetings of the Board

Paragraph 31(2)(b) of the Net Zero Economy Authority Act 2024 does not apply in relation to the calendar year in which that Act commences.

Note: The effect of this item is that the Board is not required to convene 6 meetings in the first calendar year in which that Act commences.

5  Transfer of documents to the Authority

(1) This item applies to any documents that were, immediately before the commencement day, in the possession of the body that was known as the Net Zero Economy Agency that was established as an Executive Agency under section 65 of the Public Service Act 1999.

(2) The documents are to be transferred to the Net Zero Economy Authority on or after the commencement day.

Note: Any documents transferred are Commonwealth records for the purposes of the Archives Act 1983.

6  Enterprise Agreement

(1) The Department of the Prime Minister and Cabinet Enterprise Agreement:

 (a) continues, on and from the commencement day, to cover and apply to APS employees:

 (i) who it covered and applied to immediately before the commencement day; and

 (ii) who, on the commencement day, are APS employees in the Authority; and

 (b) covers and applies to APS employees in the Authority at the classification levels covered by the Department of the Prime Minister and Cabinet Enterprise Agreement whose employment in the Authority commences on or after the commencement day.

(2) On and after the commencement day, the Department of the Prime Minister and Cabinet Enterprise Agreement covers and applies to the CEO as the Agency Head of the APS employees in the Authority.

(3) This item does not prevent the variation or termination of the Department of the Prime Minister and Cabinet Enterprise Agreement in accordance with law.

(4) This item does not prevent the terms and conditions of employment of APS employees in the Authority from being varied on or after the commencement day:

 (a) in accordance with those terms and conditions; or

 (b) by or under a law.

(5) This item does not affect the operation of section 58 of the Fair Work Act 2009.

Note: Section 58 of that Act deals with the interaction between one or more enterprise agreements.

7  References in Enterprise Agreement

(1) On and from the commencement day, the Department of the Prime Minister and Cabinet Enterprise Agreement has effect in relation to the Authority as if:

 (a) a reference to the Secretary of the Department of the Prime Minister and Cabinet were a reference to the CEO of the Net Zero Economy Authority; and

 (b) a reference to the Department of the Prime Minister and Cabinet were a reference to the Net Zero Economy Authority.

(2) To avoid doubt, this item does not prevent the Department of the Prime Minister and Cabinet Enterprise Agreement from being amended or repealed after the transition time.

Part 3—Transitional rules

8  Transitional rules

(1) The Minister may, by legislative instrument, make rules prescribing matters:

 (a) required or permitted by this Act to be prescribed by the rules; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:

 (a) the application of the Department of the Prime Minister and Cabinet Enterprise Agreement to APS employees in the Authority; or

 (b) the enactment of the Net Zero Economy Authority Act 2024.

(3) To avoid doubt, the rules may not do the following:

 (a) create an offence or civil penalty;

 (b) provide powers of:

 (i) arrest or detention; or

 (ii) entry, search or seizure;

 (c) impose a tax;

 (d) set an amount to be appropriated from the Consolidated Revenue Fund;

 (e) directly amend the text of this Act or the Net Zero Economy Authority Act 2024.

(4) This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitem (1).

 

[Minister’s second reading speech made in—

House of Representatives on 27 March 2024

Senate on 24 June 2024]

(44/24)

 

Overview

The Net Zero Economy Authority (Transitional Provisions) Act 2024, enacted by the Parliament of Australia and assented to on 5 September 2024, addresses the transitional issues arising from the establishment of the Net Zero Economy Authority through the Net Zero Economy Authority Act 2024. The transitional provisions aim to ensure a smooth implementation of the new authority, addressing matters such as the transfer of documents, the continuation of existing enterprise agreements, and the appointment of the first Chief Executive Officer without the requirement for a Board recommendation. This Act will commence on 11 December 2024, coinciding with the commencement of the Net Zero Economy Authority Act 2024, unless the latter does not commence, in which case this Act will not take effect at all. The primary objective is to facilitate the seamless transition to the new regulatory framework for Australia’s net zero economy objectives. The transitional provisions outlined in the Act include the application of existing enterprise agreements to the new Authority, the transfer of relevant documents from the former Net Zero Economy Agency, and specific transitional rules regarding the first CEO appointment and the Board's meeting requirements. The Minister is authorised to make legislative instruments to address any transitional matters not explicitly covered by the Act. These measures are designed to mitigate potential disruptions and ensure continuity in the Authority's operations as it assumes responsibilities from the previously established agency.

Scope and Application

The Net Zero Economy Authority (Transitional Provisions) Act 2024 is designed to manage the transitional matters that arise from the enactment of the Net Zero Economy Authority Act 2024. This Act applies to the transition of documents from the former Net Zero Economy Agency to the newly established Net Zero Economy Authority and ensures that the Department of the Prime Minister and Cabinet Enterprise Agreement continues to apply to relevant Australian Public Service (APS) employees within the Authority. Furthermore, the Act outlines specific transitional rules for the appointment of the first Chief Executive Officer (CEO) and the initial meetings of the Board. It commences on the same day as the Net Zero Economy Authority Act 2024, which is 11 December 2024, unless the latter Act does not commence, in which case this Act does not commence at all. The Act permits the Minister to make rules through legislative instruments to address transitional issues, including the application of the enterprise agreement and other matters necessary for the effective implementation of the new authority, while explicitly excluding the creation of offences, powers of arrest or detention, and direct amendments to the Act itself.

Key Provisions

The main provisions of the Net Zero Economy Authority (Transitional Provisions) Act 2024 (C2024A00082) (hereafter referred to as the "Act") are outlined in the Schedule, which contains application, saving, and transitional rules. These rules are designed to ensure a smooth transition from the Net Zero Economy Agency to the newly established Net Zero Economy Authority, as well as to handle the ongoing application of the Department of the Prime Minister and Cabinet Enterprise Agreement 2024–2027. Section 1 of the Act provides that the whole of the Act commences at the same time as the Net Zero Economy Authority Act 2024, which is set for 11 December 2024. However, if the Net Zero Economy Authority Act 2024 does not commence, then the Act will not commence at all (Section 2(1)). The Act imposes several obligations on the parties involved, including the transfer of documents from the Net Zero Economy Agency to the Net Zero Economy Authority (Schedule, Part 2, item 5). It also specifies that the Department of the Prime Minister and Cabinet Enterprise Agreement 2024–2027 continues to apply to APS employees in the Authority, both those who were covered by the Agreement before the Act commenced and those who commence employment on or after the Act's commencement (Schedule, Part 2, item 6(1)). The Agreement also applies to the CEO of the Authority (Schedule, Part 2, item 6(2)). Furthermore, the Act allows the Minister to make rules necessary or convenient for carrying out or giving effect to the Act, including those of a transitional nature (Schedule, Part 3, item 8(1)). However, these rules cannot create offences, provide powers of arrest or detention, or impose taxes (Schedule, Part 3, item 8(3)). The Act does not explicitly state any offences or penalties for breaches of its provisions. However, it does note that any rules made under the Act cannot create offences or civil penalties (Schedule, Part 3, item 8(3)(a)). Additionally, any documents transferred under the Act are considered Commonwealth records for the purposes of the Archives Act 1983 (Schedule, Part 2, item 5, Note). This implies that mishandling or unauthorised disclosure of these records could lead to consequences under the Archives Act 1983. The Act also does not prevent the variation or termination of the Department of the Prime Minister and Cabinet Enterprise Agreement in accordance with law (Schedule, Part 2, item 6(3)). However, it does not affect the operation of section 58 of the Fair Work Act 2009 (Schedule, Part 2, item 6(5)). Therefore, any breaches of the Fair Work Act 2009 related to the Agreement could lead to consequences under that Act.

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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.