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Climate Change Authority (Abolition) Bill 2013 [No. 2]
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2013-2014

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

                                                                                               

 

CLIMATE CHANGE AUTHORITY (ABOLITION) Bill » 2013

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

(Circulated by the authority of the Minister for the Environment,

the Hon Greg Hunt MP)



T able of contents

Glossary.............................................................................................................. 1

General outline and financial impact............................................................ 3

Chapter 1               Abolishing the Climate Change Authority....................... 9

Chapter 2               Abolishing the Land Sector Carbon & Biodiversity Board   17

Index................................................................................................................. 19

 

 



 

The following abbreviations and acronyms are used throughout this explanatory memorandum.

Abbreviation

Definition

Carbon Tax Repeal Bills

The package of Bills that provide for the repeal of the carbon tax:

·          « Clean » « Energy » Legislation (Carbon Tax Repeal) « Bill » 2013

·          True-up Shortfall Levy (General) (Carbon Tax Repeal) « Bill » 2013

·          True-up Shortfall Levy (Excise) (Carbon Tax Repeal) « Bill » 2013

·          Customs Tariff Amendment (Carbon Tax Repeal) « Bill » 2013

·          Excise Tariff Amendment (Carbon Tax Repeal) « Bill » 2013

·          Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment (Carbon Tax Repeal) « Bill » 2013

·          Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Amendment (Carbon Tax Repeal) « Bill » 2013

CCA

Climate Change Authority

CCA Abolition « Bill »

Climate Change Authority (Abolition) « Bill » 2013

CCA Act

Climate Change Authority Act 2011

CE Act

« Clean » « Energy » Act 2011

CFI

Carbon Farming Initiative

CFI Act

Carbon Credits (Carbon Farming Initiative) Act 2011

Department

Department of the Environment

LSCBB

Land Sector Carbon & Biodiversity Board

Minister

Minister for the Environment

NGERS

National Greenhouse & « Energy » Reporting Scheme

NGER Act

National Greenhouse and « Energy » Reporting Act 2007

RET

Renewable « Energy » Target

RET Act

Renewable « Energy » (Electricity) Act 2000

Transition time

The date fixed by Proclamation for the commencement of Part 3 of Schedule 1 to the CCA Abolition « Bill » (or, if this does not occur within 6 months after the « Bill » receives Royal Assent, the first day after the end of this six-month period)



Background

Abolishing the Climate Change Authority

The Government has a long-standing commitment to abolish the Climate Change Authority (CCA) because it is not needed.   The Government will transfer its relevant functions into the Department of the Environment (the Department).

Abolishing the CCA will make a significant contribution to delivering a smaller climate change bureaucracy.  The Government is well-placed to receive authoritative advice on climate change matters from existing bodies.

The Bureau of Meteorology advises on climate trends and climate science.  The Commonwealth Scientific & Industrial Research Organisation (CSIRO) advises on the environmental effects of climate change, climate science and appropriate and effective technological and scientific responses to climate change.  The Department is dedicated to providing the Government authoritative advice on environment and climate change policy.

The principal role of the CCA is to provide advice concerning the ongoing operation of the carbon tax.  Without this role, the need for a separate body to do this and other things is removed.

The Climate Change Authority

The CCA is an independent statutory agency established by the Climate Change Authority Act 2011 (CCA Act).  Under the CCA Act and associated legislation, the CCA:

•        advises the Government on key aspects of the carbon pricing mechanism, such as the setting of emissions reduction targets and caps, the setting of the price ceiling in the period from 2015 to 2018 and the acceptability of allowing international units into the carbon pricing mechanism;

•        conducts periodic reviews of climate change measures such as the carbon pricing mechanism, Renewable « Energy » Target (RET), Carbon Farming Initiative (CFI) and National Greenhouse & « Energy » Reporting Scheme (NGERS); and

•        reports on Australia’s progress in meeting national emissions reduction targets.

The CCA was established on 1 July 2012.

The Land Sector Carbon & Biodiversity Board

The Land Sector Carbon & Biodiversity Board (LSCBB) is an independent advisory body that reports to the Minister on land sector and biodiversity issues relating to climate change.

It first met on 28 November 2011.

The CCA Abolition « Bill »

The Climate Change Authority (Abolition) « Bill » 2013 ( CCA Abolition « Bill » ) repeals the CCA Act and makes transitional and other arrangements for the abolition of the CCA and the LSCBB.  

The CCA Abolition « Bill » also makes provision for the conduct of those statutory reviews that would otherwise have been conducted by the CCA - concerning the RET, the CFI and NGERS.   The Minister has announced that these reviews would be supported by the Department, where existing efficiencies and the use of experienced personnel will reduce costs.

The cost-savings that will be achieved through repealing the CCA Act and abolishing the CCA and the LSCBB are detailed in Financial impact below.

The CCA Abolition « Bill » is part of a broader package of Bills that provide for the repeal of the carbon tax (the Carbon Tax Repeal Bills). Repealing the carbon tax delivers one of the Government’s key election commitments. Repealing the carbon tax is designed to reduce wholesale electricity and gas prices, reduce the cost of liquid fuels for off-road use, and reduce the cost of synthetic greenhouse gases, such as those used for refrigeration and air conditioning. It is intended that these cost reductions flow through to businesses in the form of lower input costs and to households through lower « energy » bills and cheaper retail prices.

The structure of the broader carbon tax repeal package is explained in Table I .

Table I: Broader Carbon Tax Repeal Package

« Bill »

Description

« Clean » « Energy » Legislation (Carbon Tax Repeal) « Bill » 2013 (the ‘Main Repeal « Bill » ’)

The Main Repeal « Bill » :

•        repeals the CE Act and the related Charges Acts;

•        makes consequential amendments to other legislation referring to the CE Act and the carbon pricing mechanism;

•        provides for the collection of all carbon tax liabilities for 2012-13 and 2013-14;

•        introduces new powers for the Australian Competition & Consumer Commission (ACCC) to take action to ensure price reductions relating to the carbon tax repeal are passed on to consumers; and

•        makes arrangements for the finalisation and cessation of industry assistance through the Jobs & Competitiveness Program (JCP), the « Energy » Security Fund and the Steel Transformation Plan.

True-up Shortfall Levy (General) (Carbon Tax Repeal) « Bill » 2013

True-up Shortfall Levy (Excise) (Carbon Tax Repeal) « Bill » 2013

Technical Bills that provide for recovery of the value of over-allocated free carbon units through a constitutionally compliant levy.

Customs Tariff Amendment (Carbon Tax Repeal) « Bill » 2013

Excise Tariff Amendment (Carbon Tax Repeal) « Bill » 2013

Amends provisions to remove the equivalent carbon price imposed through excise equivalent customs duty on aviation fuel; and

Amends provisions to remove the equivalent carbon price imposed through excise duty on aviation fuel.

Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment (Carbon Tax Repeal) « Bill » 2013

Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Amendment (Carbon Tax Repeal) « Bill » 2013

Repeals provisions imposing an equivalent carbon price through levies imposed on the import and manufacture of Synthetic Greenhouse Gases (SGGs).

Climate Change Authority (Abolition) « Bill » 2013

Abolishes the Climate Change Authority and the Land Sector Carbon & Biodiversity Board.

« Clean » « Energy » (Income Tax Rates and Other Amendments) « Bill » 2013

Repeals the personal income tax cuts that were legislated to commence on 1 July 2015, and repeals the associated amendments to the low-income tax offset.

« Clean » « Energy » Finance Corporation (Abolition) « Bill » 2014

Abolishes the « Clean » « Energy » Finance Corporation.

Consultation

The Government released the draft CCA Abolition « Bill » , along with drafts of the other Carbon Tax Repeal Bills, on 15 October 2013 for public consultation.   The consultation period closed on 4 November 2013.  The Department:

•        received 979 submissions on the draft Carbon Tax Repeal Bills;

•        conducted 42 meetings or teleconferences with stakeholders, including businesses, business representative organisations, state and territory government bodies, local government organisations and environmental and other non-government organisations; and

•        conducted legal experts workshops in Sydney and Melbourne.

Date of effect

Clause 2 of the CCA Abolition « Bill » sets out the commencement dates for the « Bill » :

•        the administrative provisions of the CCA Abolition « Bill » commence on the date that the « Bill » receives the Royal Assent; and

•        the provisions in Schedule 1 to the CCA Abolition « Bill » , which contains the substantive provisions of the « Bill » , commence on two separate dates:

-       Part 1, Part 2, Division 3, and Part 3 commence on a date to be fixed by Proclamation or, if this does not occur within 6 months after the « Bill » receives Royal Assent, the first day after the end of this six-month period; and

-       Part 2, Divisions 1 and 2 commence on the day after the « Bill » receives Royal Assent.

Financial impact

Financial impact ($ millions): Abolition of the CCA

 

2013-14

2014-15

2015-16

2016-17

Total

Total impact on fiscal balance

0.000

6.589

7.256

7.387

21.232

Total impact on underlying cash

0.000

6.589

7.256

7.387

21.232

Regulation Impact Statement

Since the CCA Abolition « Bill » will have no regulatory impact, there is no need to produce a separate Regulation Impact Statement (RIS) for the « Bill » .

The general RIS for the repeal of the carbon tax is available in the Explanatory Memorandum for the Carbon Tax Repeal Bills.



 

Statement of Compatibility with Human Rights

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

 

Climate Change Authority (Abolition) « Bill » 2013

 

This « Bill » 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 CCA Abolition « Bill »

The CCA Abolition « Bill » abolishes the CCA and the LSCBB and covers the consequential and transitional issues attendant on this.

The function of the CCA is principally to conduct reviews relating to the operation of the CE Act, the CFI Act, the NGER Act, the RET Act and related matters.

The function of the LSCBB is to advise the Minister about land sector and biodiversity issues relating to climate change .

Human rights implications

The CCA Abolition « Bill » does not engage any of the applicable human rights or freedoms. The proposed amendments do not limit any human rights or provide for any offences or penalties.

Conclusion

The CCA Abolition « Bill » is compatible with human rights because it does not engage any of the applicable rights or freedoms.

 

 

 

Greg Hunt

Minister for the Environment

 

 



Outline of Chapter 1

1.1                   Chapter 1 explains the way in which the CCA will be abolished.

1.2                   In summary, the CCA Abolition « Bill » :

•        abolishes the CCA;

•        makes arrangements for statutory reviews that would otherwise have been conducted by the CCA;

•        transfers the CCA’s assets and liabilities to the Commonwealth;

•        preserves confidentiality in protected information disclosed to the CCA; and

•        preserves the general immunity protecting CCA personnel from liability.

Detailed explanation of new law

General provisions

1.3                   When enacted, the name of the Act will be the Climate Change Authority (Abolition) Act 2013 . [Clause 1]

1.4                   All amendments made by the CCA Abolition « Bill » , whether to primary or subordinate legislation, have effect according to the terms set out in the « Bill » .   Any amendments made to regulations by the « Bill » may be further amended or repealed by the Governor-General in Council. [Clause 3]

1.5                   Clauses 1, 2 and 3 of the CCA Abolition « Bill » commence on the day after the Governor-General gives the Royal Assent. [Clause 2, table item 1]

Abolition of CCA

Repeal of the CCA Act

1.6                   The whole of the CCA Act is repealed.  This has the effect of abolishing the CCA. [Schedule 1, Part 1, item 1]

1.7                   The date on which the CCA is abolished (the ‘CCA abolition date’) is either:

•        a date to be set by Proclamation made by the Governor-General with the advice of the Federal Executive Council; or

•        if this does not occur within 6 months after the CCA Abolition « Bill » receives the Royal Assent - the first day after the end of this six-month period. [Clause 2, table items 2, 5 and 6]

1.8                   On the CCA abolition date:

•        the CCA ceases to exist as a statutory authority;

•        the appointments of all statutory appointees, including the Chair, the Members and the Chief Executive Officer, are automatically terminated; and

•        the transitional arrangements for the transfer of the CCA’s assets and liabilities to the Commonwealth and the assumption of its responsibilities by the Minister or the Department take effect.

Removal of legislative references to the CCA Act and the CCA

1.9                   Before the repeal of the CE Act takes effect, the CCA Abolition « Bill » removes references to the CCA and its functions from the CE Act.   This will not occur if, before the date specified for the removal of these references (that is, the day after the CCA Abolition « Bill » receives Royal Assent), the CE Act has already been repealed. [Schedule 1, Part 2, Division 1, items 2, 3, 4, 5,6 and 7] [Schedule, Clause 2, table item 3]

1.10               The CCA Abolition « Bill » removes references to the CCA Act and the CCA from the Australian Securities and Investments Commission Act 2001 , the « Clean » « Energy » Regulator Act 2011 , the Competition and Consumer Act 2010 and the Financial Management and Accountability Regulations 1997 . [Schedule 1, Part 2, Division 3, items 11, 12, 13, 14, 15, 16 and 17]

Statutory reviews

1.11               Under the CE Act, the RET Act, the CFI Act and the NGER Act, the CCA has responsibility for conducting periodic reviews of the following matters:

•        the effectiveness and efficiency of the CE Act and related matters;

•        carbon pollution caps and targets;

•        the price ceiling for carbon units in the period 2015 to 2018;

•        the acceptability of international emissions units into the carbon pricing mechanism;

•        Australia’s progress towards meeting its emissions reduction targets;

•        the CFI;

•        NGERS; and

•        the RET.

1.12               With the repeal of the carbon tax, all of the reviews mandated by the CE Act will no longer be necessary.  The remainder will be undertaken at the direction of the Minister.  The Government has indicated that, in future, the reviews of the CFI, NGERS and the RET would be supported by the Department. [Schedule 1, Part 2, Division 1, items 2, 3, 4, 5 and 6]

1.13               The amendments concerning statutory reviews commence on the day after the Governor-General gives the Royal Assent. [Clause 2, table items 3 and 4]

Reviews of the CFI

1.14               The CCA Abolition « Bill » replaces the current form of section 306 of the CFI Act to change the arrangements for the statutorily-mandated reviews of the CFI.   [Schedule 1, Part 2, Division 2, item 8]

1.15               Under the existing arrangements the reviews are to be undertaken by the CCA in accordance with the specific requirements of section 306 of the CFI Act and the CCA Act.  The amended section 306 of the CFI Act provides that the Minister must cause future reviews of the CFI Act and any regulations made under the CFI Act to be undertaken.  The form of the review will be a matter for the Minister to determine. [Schedule 1, Part 2, Division 2, item 8; CFI Act, section 306(1)]

Reviews of the NGERS

1.16               The CCA Abolition « Bill » replaces the current sections 76A and 76B of the NGER Act with a new section 76A to change the arrangements for the statutorily-mandated reviews of NGERS.   [Schedule 1, Part 2, Division 2, item 9]

1.17               Under the existing arrangements the reviews are to be undertaken by the CCA in accordance with the specific requirements of sections 76A and 76B of the NGER Act and the CCA Act.  The new section 76A of the NGER Act provides that the Minister must cause future reviews of the NGER Act and any regulations made under the NGER Act to be undertaken.  The form of the review will be a matter for the Minister to determine. [Schedule 1, Part 2, Division 2, item 9; NGER Act, section 76A(1)]

Reviews of the RET

1.18               The CCA Abolition « Bill » replaces the current form of section 162 of the RET Act to change the arrangements for the statutorily-mandated reviews of the RET.   [Schedule 1, Part 2, Division 2, item 10]

1.19               Under the existing arrangements the reviews are to be undertaken by the CCA in accordance with the specific requirements of section 162 of the RET Act and the CCA Act.  The amended section 162 of the RET Act provides that the Minister must cause future reviews of the RET to be undertaken.  [Schedule 1, Part 2, Division 2, item 10; RET Act, section 162(1)]

1.20               Reviews of the RET will cover the following matters:

•        the operation of the RET Act and the RET scheme;

•        the operation of the RET regulations;

•        the operation of the Renewable « Energy » (Electricity) (Large scale Generation Shortfall Charge) Act 2000 ;

•        the operation of the Renewable « Energy » (Electricity) (Small scale Technology Shortfall Charge) Act 2010 ;

•        the diversity of renewable « energy » access to the RET scheme, to be considered with reference to a cost benefit analysis of the environmental and economic impact of that access. [Schedule 1, Part 2, Division 2, item 10; RET Act, section 162(1)]

1.21               The Minister may also cause a particular RET review to consider the impacts of any of the matters listed above (with the exception of the last matter). [Schedule 1, Part 2, Division 2, item 10; RET Act, section 162(2)]

Procedures for the statutory reviews

1.22               The form of each statutory review of the CFI, NGERS or RET - including the person or body responsible for conducting the review - will be a matter for the Minister to determine.

1.23               In conducting a review of the CFI, NGERS or RET, the Minister, or whomever the Minister charges with the conduct of the review, must make provision for public consultation. [Schedule 1, Part 2, Division 2, item 8; CFI Act, amended section 306(2)] [Schedule 1, Part 2, Division 2, item 9; NGER Act, new section 76A(2)] [Schedule 1, Part 2, Division 2, item 10; RET Act, section 162(3)]

1.24               The Minister must cause a report to be prepared for each CFI, NGERS and RET review, which must be tabled in both Houses of the Parliament within 15 sitting days of the completion of the preparation of the report. [Schedule 1, Part 2, Division 2, item 8; CFI Act, section 306(3) and (4)] [Schedule 1, Part 2, Division 2, item 9; NGER Act, section 76A(3) and (4)] [Schedule 1, Part 2, Division 2, item 10; RET Act, section 162(4) and (5)]

1.25               The Minister must cause to be tabled in both Houses of the Parliament:

•        The first CFI review report by the end of 31 December 2016.  The reports of subsequent CFI reviews must be tabled within three years of the date on which the previous review report was tabled. [Schedule 1, Part 2, Division 2, item 8; CFI Act, section 306(5) and (6)]

•        The first NGERS review report by the end of 30 June 2018.  The reports of subsequent NGER reviews must be tabled within five years of the date on which the previous review report was tabled. [Schedule 1, Part 2, Division 2, item 9; NGER Act, section 76A(5) and (6)]

•        The first RET review report by the end of 31 December 2014.  The reports of subsequent RET reviews must be tabled within two years of the date on which the previous review report was tabled. [Schedule 1, Part 2, Division 2, item 10; RET Act, section 162(6) and (7)]

Transfer of CCA’s assets and liabilities

1.26               On the CCA abolition date (called for these purposes ‘the transition time’), the CCA Abolition « Bill » provides for the automatic transfer of the CCA’s assets (including land) and liabilities and its previous acts and legal liabilities to the Commonwealth, either in its own right or as represented by the Department. [ Schedule 1, Part 3, Division 1, item 18]

Assumption of assets and liabilities

1.27               From the transition time, any assets and liabilities of the CCA that existed immediately prior to this date become the assets and liabilities of the Commonwealth. [Schedule 1, Part 3, Division 2, items 19 and 20]

1.28               Land or other assets of the CCA that are transferred to the Commonwealth are eligible for a special registration process for the purposes of any relevant Commonwealth, State or Territory registration scheme.  This registration is achieved through the lodgement of a certificate signed by the Minister that identifies the land or asset in question. [Schedule 1, Part 3, Division 2, items 21 and 22]

1.29               State or Territory taxes (such as stamp duty) do not apply to the transfer of a CCA asset or liability to the Commonwealth.  The Minister may confirm in writing that a specific transfer is exempt from State or Territory taxes; such a statement will be prima facie evidence that State or Territory taxes do not apply in that instance. [Schedule 1, Part 3, Division 5, item 31]

Assumption of previous acts and legal liabilities

1.30               After the transition time, anything done by (or in relation to) the CCA before this date is attributed to (or given effect in relation to) the Commonwealth. [Schedule 1, Part 3, Division 3, item 23]

1.31               From the transition time, the Commonwealth is substituted for the CCA in any unresolved legal proceedings to which the CCA was a party before this date. [Schedule 1, Part 3, Division 3, item 24]

Assumption of money, documents and Ombudsman investigations

1.32               After the transition time, the Department is to receive any records or documents held by the CCA immediately before this date. [Schedule 1, Part 3, Division 3, item 25]

1.33               After the transition time, the Department is substituted for the CCA in any unresolved Ombudsman matters in which the CCA was involved before this date. [Schedule 1, Part 3, Division 3, item 27]

1.34               After the transition time, references in appropriation Acts to the CCA are to be read as references to the Department. The purpose of this is to ensure that the Department, after this date, is responsible for any unspent money appropriated to the CCA. [Schedule 1, Part 3, Division 3, item 29]

References to the CCA to be read as references to the Commonwealth

1.35               After the transition time, references to the CCA in certain instruments in force immediately before the transition time are to be read as references to the Commonwealth.  Instruments are defined as including (amongst other things) contracts, deeds, notices and delegated legislation.  They do not include Acts or instruments specifically exempted by the Minister. [Schedule 1, Part 3, Division 3, item 28]

Preservation of confidentiality in protected information

1.36               The « Clean » « Energy » Regulator was previously authorised, under section 49(1) and (2) of the « Clean » « Energy » Regulator Act 2011 , to disclose protected information to the CCA. It was entitled under section 49(3) of this Act to impose conditions on the recipients of this information.  Any such conditions that were in force immediately before the transition time are preserved after the transition time. [Schedule 1, Part 3, Division 3, item 26]

Preservation of general immunity for CCA personnel

1.37               Section 82 of the CCA Act previously provided a general immunity for certain people (such as CCA Board Members and staff) in relation to any liability that might arise as a result of the exercise in good faith of their statutory functions or powers.  The repeal of section 82 of the CCA Act does not extinguish any statutory rights accrued under section 82 before the transition time.  The purpose of this is to ensure that the general immunity for CCA personnel survives the abolition of the CCA. [Schedule 1, Part 3, Division 5, item 34]

Other issues

Final reporting obligations

1.38               The Secretary of the Department must prepare a final report on the operations of the CCA. This report will cover one of the following time periods:

•        if, at the transition time, no annual report under section 56 of the CCA Act has been produced for the previous financial year - the period of time between the start of this previous financial year and the transition time; or

•        otherwise - the period of time between the start of the financial year in which the transition time occurs and the transition time.

This ensures that the CCA’s annual reporting obligations to the Minister and to the Parliament are still met for the time period involved. The annual report must meet the requirements previously set out in section 56(2) and (3) of the CCA Act. In addition, the report must be presented to the Minister within three months after the transition time, who in turn must table it in each House of the Parliament as soon as practicable; and it must be published on the Department’s website as soon as practicable once it is tabled. [Schedule 1, Part 3, Division 4, item 30]

Authenticity of documents

1.39               Unless the contrary is established, a document that appears to be a certificate made by the Minister or his delegate under Schedule 1, Part 3 of the CCA Abolition « Bill » is taken to be such a certificate and to have been properly given. [Schedule 1, Part 3, Division 5, item 32]

Minister’s powers

1.40               The Minister may, by writing, delegate any of his powers and functions under Schedule 1, Part 3 of the CCA Abolition « Bill » (other than the power to make, vary or revoke a legislative instrument) to the Secretary or an SES (or acting SES) employee of the Department. [Schedule 1, Part 3, Division 5, item 33]

1.41               The Minister may, by legislative instrument, make rules in relation to transitional matters arising out of the amendments and repeals made by Schedule 1 of the CCA Abolition « Bill » . This standard rule-making power is included to ensure that the Minister may address any unanticipated transitional matters through rules with legislative force, thereby ensuring that the specific transitional arrangements are clear to all relevant parties.  These rules would be disallowable by either House of the Parliament under section 42 of the Legislative Instruments Act 2003 . [Schedule 1, Part 3, Division 5, item 36]

Acquisition of property

1.42               To the extent that the operation of Schedule 1 of the CCA Abolition « Bill » results in an acquisition of property from a person otherwise than on just terms contrary to section 51(xxxi) of the Constitution, the Commonwealth is liable to pay a reasonable amount of compensation to the person. The person may institute proceedings against the Commonwealth if the person and the Commonwealth are unable to agree on the sum that should be paid. The Commonwealth does not anticipate that the operation of Schedule 1 will result in payment of compensation. [Schedule 1, Part 3, Division 5, item 35]

 

 



Outline of chapter

2.1                   Chapter 2 explains the way in which the LSCBB will be abolished.

Detailed explanation of new law

Abolition of Land Sector Carbon & Biodiversity Board

Repeal of the CCA Act

2.2                   The whole of the CCA Act is repealed.  This is a necessary precondition to abolishing the LSCBB. [Schedule 1, Part 1, item 1]

2.3                   The date on which the LSCBB is abolished (the ‘LSCBB abolition date’) is either:

•        a date to be set by Proclamation made by the Governor-General with the advice of the Federal Executive Council; or

•        if this does not occur within 6 months after the CCA Abolition « Bill » receives the Royal Assent - the first day after the end of this six-month period. [Section 2, table items 2, 5 and 6]

2.4                   On the LSCBB abolition date:

•        the LSCBB ceases to exist as a statutory body; and

•        the appointments of all statutory appointees, including the Chair and the Members, are automatically terminated; and

•        any legislative instruments made under the CCA Act cease to have any effect.

2.5                   The only legislative instrument made under the CCA Act was the Land Sector Carbon and Biodiversity Board Specification under section 62(1)(c) of the Climate Change Authority Act 2011 .

Removal of legislative references to the LSCBB

2.6                   Provisions relating to the LSCBB are removed from the « Clean » « Energy » Regulator Act 2011 . [Schedule 1, Part 2, Division 3, item 13] .

Preservation of confidentiality in protected information

2.7                   The « Clean » « Energy » Regulator was previously authorised, under section 49(1) and (2) of the « Clean » « Energy » Regulator Act 2011 , to disclose protected information to the LSCBB. It was entitled under section 49(3) of this Act to impose conditions on the recipients of this information.  Any such conditions that were in force immediately before the transition time are preserved after the transition time. [Schedule 1, Part 3, Division 3, item 26]



 

Preliminaries

« Bill » reference

Paragraph number

Clause 1

1.3

Clause 2, table item 1

1.5

Clause 2, table items 2, 5 and 6

1.7

Clause 2, table items 3 and 4

1.13

Clause 3

1.4

Schedule 1:  Amendments

« Bill » reference

Paragraph number

Part 1, item 1

1.6, 2.2

Part 2, Division 1, items 2, 3, 4, 5,6 and 7

1.9

Part 2, Division 1, items 2, 3, 4, 5 and 6

1.12

Part 2, Division 2, item 8

1.14

Part 2, Division 2, item 8; CFI Act, amended section 306(1)

1.15

Part 2, Division 2, item 8; CFI Act, amended section 306(2)

1.23

Part 2, Division 2, item 8; CFI Act, amended section 306(3) and (4)

1.24

Part 2, Division 2, item 8; CFI Act, amended section 306(5) and (6)

1.25

Part 2, Division 2, item 9

1.16

Part 2, Division 2, item 9; NGER Act, new section 76A(1)

1.17

Part 2, Division 2, item 9; NGER Act, new section 76A(2)

1.23

Part 2, Division 2, item 9; NGER Act, new section 76A(3) and (4)

1.24

Part 2, Division 2, item 9; NGER Act, new section 76A(5) and (6)

1.25

Part 2, Division 2, item 10

1.18

Part 2, Division 2, item 10; RET Act, amended section 162(1)

1.19, 1.20

Part 2, Division 2, item 10; RET Act, amended section 162(2)

1.21

Part 2, Division 2, item 10; RET Act, amended section 162(3)

1.23

Part 2, Division 2, item 10; RET Act, amended section 162(4) and (5)

1.24

Part 2, Division 2, item 10; RET Act, amended section 162(6) and (7)

1.25

Part 2, Division 3, items 11, 12, 13, 14, 15, 16 and 17

1.10

Part 2, Division 3, item 13

2.6

Part 3, Division 1, item 18

1.26

Part 3, Division 2, items 19 and 20

1.27

Part 3, Division 2, items 21 and 22

1.28

Part 3, Division 3, item 23

1.30

Part 3, Division 3, item 24

1.31

Part 3, Division 3, item 25

1.32

Part 3, Division 3, item 26

1.36, 2.7

Part 3, Division 3, item 27

1.33

Part 3, Division 3, item 28

1.35

Part 3, Division 3, item 29

1.34

Part 3, Division 4, item 30

1.38

Part 3, Division 5, item 31

1.29

Part 3, Division 5, item 32

1.39

Part 3, Division 5, item 33

1.40

Part 3, Division 5, item 34

1.37

Part 3, Division 5, item 35

1.42

Part 3, Division 5, item 36

1.41

 

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