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Australian Renewable Energy Agency (Repeal) Bill 2014

Schedule 1 Amendments

Part 1 Repeal

Australian Renewable Energy Agency Act 2011

1  The whole of the Act

Repeal the Act .

Part 2 Transitional provisions

Division 1—Introduction

2  Definitions

In this Part:

Agency means the Australian Renewable Energy Agency.

asset means:

                     (a)  any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and

                     (b)  any right, power, privilege or immunity, whether actual, contingent or prospective.

assets official , in relation to an asset, means the person or authority who:

                     (a)  under a law of the Commonwealth, a State or a Territory; or

                     (b)  under a trust instrument; or

                     (c)  otherwise;

has responsibility for keeping a register in relation to assets of the kind concerned.

commencement time means the commencement of this Part.

liability means any liability, duty or obligation, whether actual, contingent or prospective.

Secretary means the Secretary of the Department.

Division 2—Transfer of assets and liabilities

3  Vesting of assets of Agency

(1)       This item applies to the assets of the Agency immediately before the commencement time.

(2)       At the commencement time, the assets cease to be assets of the Agency and become assets of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to the assets.

4  Vesting of liabilities of Agency

(1)       This item applies to the liabilities of the Agency immediately before the commencement time.

(2)       At the commencement time, the liabilities cease to be liabilities of the Agency and become liabilities of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to the liabilities.

5  Certificates relating to vesting of assets

(1)       This item applies if:

                     (a)  an asset vests in the Commonwealth under this Division; and

                     (b)  there is lodged with an assets official a certificate that:

                              (i)  is signed by the Minister; and

                             (ii)  identifies the asset; and

                            (iii)  states that the asset has become vested in the Commonwealth under this Division.

(2)       The assets official may:

                     (a)  deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and

                     (b)  make such entries in the register in relation to assets of that kind as are necessary, having regard to the effect of this Division.

(3)       A certificate made under paragraph (1)(b) is not a legislative instrument.

Division 3—Transfer of other matters

6  Acts of Agency to be attributed to the Commonwealth

(1)       This item applies to anything done by, or in relation to, the Agency before the commencement time.

(2)       After the commencement time, the thing has effect as if it had been done by, or in relation to, the Commonwealth.

7  Substitution of the Commonwealth as a party to certain pending proceedings

(1)       This item applies if any proceedings to which the Agency was a party were pending in any court or tribunal immediately before the commencement time.

(2)       The Commonwealth is substituted for the Agency, from the commencement time, as a party to those proceedings.

8  Transfer of records to the Department

(1)       This item applies to any records or documents that were in the possession of the Agency immediately before the commencement time.

(2)       The records and documents are to be transferred to the Department after the commencement time.

Note:       The records and documents are Commonwealth records for the purposes of the Archives Act 1983 .

9  References in certain instruments to Agency

(1)       If:

                     (a)  an instrument was in force immediately before the commencement time; and

                     (b)  a reference is made in the instrument to the Agency; and

                     (c)  the instrument is an instrument covered by one or more of the following subparagraphs:

                              (i)  an instrument that was made by the Agency;

                             (ii)  an instrument to which the Agency was a party;

                            (iii)  an instrument that was given to, or in favour of, the Agency;

                            (iv)  an instrument under which any right or liability accrues or may accrue to the Agency;

                             (v)  any other instrument in which a reference is made to the Agency;

the reference has effect after the commencement time as if it were a reference to the Commonwealth.

(2)       For the purposes of this item, instrument :

                     (a)  includes:

                              (i)  a contract, undertaking, deed or agreement; and

                             (ii)  a notice, authority, order or instruction; and

                            (iii)  an instrument made under an Act or under regulations; but

                     (b)  does not include an exempt instrument.

(3)       For the purposes of this item, exempt instrument means:

                     (a)  an Act; or

                     (b)  an instrument made under this Act; or

                     (c)  an instrument specified in an instrument under subitem (4).

(4)       The Minister may, by legislative instrument, specify one or more instruments for the purposes of paragraph (3)(c).

Division 4—Reporting obligations

10  Final annual report

(1)       The Secretary must prepare and give to the Minister, for presentation to the Parliament, a report on the operations of the Agency during the final reporting period.

(2)       Subject to this item, as far as is practicable, the report must comply with the requirements for an annual report under:

                     (a)  section 9 of the Commonwealth Authorities and Companies Act 1997 ; or

                     (b)  section 46 of the Public Governance, Performance and Accountability Act 2013 .

(3)       For the purposes of subitem (2), those Acts apply to the report as if a reference to a financial year or a reporting period were a reference to the final reporting period.

(4)       The Secretary may include the report in the Department’s annual report for the financial year in which the last day of the final reporting period occurs.

(5)       If the Secretary does not include the report in the Department’s annual report, then:

                     (a)  the Secretary must give the report to the Minister within 3 months after the end of the final reporting period; and

                     (b)  the Minister must table the report in each House of the Parliament as soon as practicable; and

                     (c)  the Secretary must publish the report on the Department’s website as soon as practicable after the report is tabled in the House of Representatives.

(6)       The Minister may grant an extension of the time referred to in paragraph (5)(a) in special circumstances.

(7)       In this item:

final reporting period means the period:

                     (a)  beginning:

                              (i)  if, at the commencement time, no report under section 9 of the Commonwealth Authorities and Companies Act 1997 or under section 46 of the Public Governance, Performance and Accountability Act 2013 (as the case requires) has been given to the Minister for the financial year ending before the commencement time—at the start of that financial year; or

                             (ii)  otherwise—at the start of the financial year in which the commencement time occurs; and

                     (b)  ending immediately before the commencement time.

Division 5—Other matters

11  No transfer of appointment, engagement or employment of Agency officers

(1)       Nothing in this Part produces the result that the appointment, engagement or employment of an Agency officer has effect as if it were an appointment, engagement or employment of the person in relation to the Commonwealth.

(2)       In this item:

Agency officer means:

                     (a)  a member of the Board of the Agency; or

                     (b)  a member of a committee established by the Board; or

                     (c)  the Chief Executive Officer of the Agency; or

                     (d)  a person employed under section 61 of the Australian Renewable Energy Agency Act 2011 , as in force immediately before the commencement time; or

                     (e)  a consultant engaged by the Agency.

12  Lapsing of undecided applications

(1)       This item applies if:

                     (a)  before the commencement time, an application was made for the provision of financial assistance in accordance with the Australian Renewable Energy Agency Act 2011 , as in force immediately before the commencement time; and

                     (b)  by the commencement time, the application has not either:

                              (i)  resulted in an agreement for the provision of financial assistance under that Act, as in force immediately before the commencement time, being entered into; or

                             (ii)  been refused.

(2)       The application lapses at the commencement time.

13  Exemption from stamp duty and other State or Territory taxes

(1)       No stamp duty or other tax is payable under a law of a State or a Territory in respect of an exempt matter, or anything connected with an exempt matter.

(2)       For the purposes of this item, an exempt matter is:

                     (a)  the vesting of an asset or liability under this Part; or

                     (b)  the operation of this Part in any other respect.

(3)       The Minister may certify in writing:

                     (a)  that a specified matter is an exempt matter; or

                     (b)  that a specified thing was connected with a specified exempt matter.

(4)       In all courts, and for all purposes (other than for the purposes of criminal proceedings), a certificate under subitem (3) is prima facie evidence of the matters stated in the certificate.

14  Certificates taken to be authentic

A document that appears to be a certificate made or issued under a particular provision of this Part:

                     (a)  is taken to be such a certificate; and

                     (b)  is taken to have been properly given;

unless the contrary is established.

15  Delegation by Minister

(1)       The Minister may, by writing, delegate all or any of his or her powers and functions under this Part to a person.

(2)       The delegate must be:

                     (a)  the Secretary of the Department; or

                     (b)  an SES employee, or acting SES employee, in the Department.

Note:       The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901 .

(3)       In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.

16  Compensation for acquisition of property

(1)       If the operation of this Schedule would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2)       If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

17  Transitional rules

The Minister may, by legislative instrument, make rules in relation to transitional matters arising out of the amendments and repeals made by this Schedule.