7   Establishment

             (1)  The Australian Renewable Energy Agency ( ARENA ) is established by this section.

             (2)  ARENA:

                     (a)  is a body corporate; and

                     (b)  must have a seal; and

                     (c)  may sue and be sued.

Note:          The Commonwealth Authorities and Companies Act 1997 applies to ARENA. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

             (3)  ARENA’s seal is to be kept in such custody as the Board directs and must not be used except as authorised by the Board.

             (4)  All courts, judges and persons acting judicially must:

                     (a)  take judicial notice of the imprint of the seal of ARENA appearing on a document; and

                     (b)  presume that the document was duly sealed.

8   ARENA’s functions

                   ARENA has the following functions:

                     (a)  to provide financial assistance for:

                              (i)  research into renewable energy technologies; or

                             (ii)  the development, demonstration, commercialisation or deployment of renewable energy technologies; or

                            (iii)  the storage and sharing of information and knowledge about renewable energy technologies;

                     (b)  to enter into agreements for the purpose of providing financial assistance as mentioned in paragraph (a) and to administer such agreements;

                     (c)  to collect, analyse, interpret and disseminate information and knowledge relating to renewable energy technologies and projects;

                     (d)  to provide advice to the Minister relating to renewable energy technologies, including advice about the following:

                              (i)  improving the competitiveness of renewable energy technologies;

                             (ii)  increasing the supply of renewable energy in Australia;

                            (iii)  improving the development of skills in the renewable energy technology sector;

                            (iv)  increasing the use of renewable energy technologies;

                     (e)  to liaise with State and Territory governments and other authorities for the purpose of facilitating renewable energy projects for which financial assistance is, or is proposed to be, provided as mentioned in paragraph (a);

                      (f)  any other functions that are prescribed by the regulations;

                     (g)  any other functions conferred on ARENA by this Act or any other Commonwealth law;

                     (h)  to do anything incidental to, or conducive to, the performance of the above functions.

9   General rules about performance of functions

                   In performing its functions, ARENA must:

                     (a)  act in a proper, efficient and effective manner; and

                     (b)  ensure that decisions about the provision of financial assistance are based on merit; and

                     (c)  if appropriate:

                              (i)  act collaboratively with other persons, organisations and governments (including international organisations and foreign governments); and

                             (ii)  promote the sharing of information and knowledge about renewable energy technologies.

10   Provision of financial assistance to be in accordance with general funding strategy

                   ARENA must not enter into an agreement for the provision of financial assistance unless the financial assistance provided for is in accordance with the general funding strategy that is in force under Subdivision A of Division 2 of Part 3 at the time when the agreement is entered into.

11   Minister may request ARENA to consider funding for specified projects

             (1)  The Minister may, in writing, request ARENA to consider providing financial assistance for a particular project specified in the request.

             (2)  ARENA must consider the request.

12   Ministerial approval where grants exceed $50 million

                   ARENA must not, without the written approval of the Minister, make grants totalling more than $50 million for a particular project.

Note:          Guidelines for grant programs enabling grants exceeding $15 million for a particular project must be approved by the Minister under section 25.

13   Minister may direct ARENA to provide advice

             (1)  The Minister may, in writing, direct ARENA to provide advice to the Minister in relation to a matter mentioned in paragraph 8(d).

             (2)  ARENA must comply with the direction.

14   Constitutional limits

                   ARENA may perform its functions only:

                     (a)  for purposes relating to a corporation to which paragraph 51(xx) of the Constitution applies; or

                     (b)  for purposes related to external affairs, including:

                              (i)  giving effect to the Climate Change Convention, including by performing functions in relation to renewable energy technologies that could reasonably be expected to control, reduce or prevent anthropogenic emissions of greenhouse gases; or

                             (ii)  giving effect to another international agreement to which Australia is a party; or

                            (iii)  addressing matters of international concern; or

                            (iv)  by way of the performance of its functions in a place outside Australia; or

                     (c)  for purposes relating to the collection of statistics; or

                     (d)  for purposes relating to trade and commerce:

                              (i)  between Australia and places outside Australia; or

                             (ii)  among the States; or

                            (iii)  within a Territory, between a State and a Territory or between 2 Territories; or

                     (e)  by way of the use of a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or

                      (f)  by way of the provision of service, or financial assistance, to:

                              (i)  the Commonwealth; or

                             (ii)  an authority of the Commonwealth;

                            for a purpose of the Commonwealth; or

                     (g)  for purposes relating to the granting of financial assistance to a State; or

                     (h)  in, or for purposes relating to, a Territory; or

                      (i)  in or with respect to a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970 ); or

                      (j)  for purposes relating to the implied power of the Parliament to make laws with respect to nationhood; or

                     (k)  for purposes relating to the executive power of the Commonwealth; or

                      (l)  for purposes relating to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

15   ARENA’s powers

             (1)  In addition to any other powers conferred on it by this Act, ARENA has, subject to this Act, power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

             (2)  Without limiting the generality of subsection (1), the powers include, subject to this Act, power:

                     (a)  to enter into contracts; and

                     (b)  to acquire, hold and dispose of real and personal property; and

                     (c)  to accept, otherwise than on trust, gifts, devises, bequests or other payments of money.

16   ARENA does not have privileges and immunities of the Crown

                   ARENA does not have the privileges and immunities of the Crown in right of the Commonwealth.