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Australian Climate Change Regulatory Authority Bill 2009 [No. 2]

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2008-2009

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

SENATE

 

 

 

Australian Climate Change Regulatory Authority Bill 2009

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

Amendments to be moved on behalf of the Government

 

 

 

 

(Circulated by the authority of the Minister for

Climate Change and Water, Senator the Honourable Penny Wong)

 



T able of contents

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

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

 Chapter 1              Membership qualifications for the Authority................... 5

Index................................................................................................................... 7

 

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

Abbreviation

Definition

ACCRA bill

Australian Climate Change Regulatory Authority Bill 2009

The Authority

The Australian Climate Change Regulatory Authority

The bill

The Carbon Pollution Reduction Scheme Bill 2009

The consequential amendments bill

The Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009

The Scheme

The Carbon Pollution Reduction Scheme



 

Amendment of the Australian Climate Change Regulatory Authority Bill 2009

These amendments expand the appointment criteria for membership of the Australian Climate Change Regulatory Authority so that the Minister may appoint a person with substantial experience or knowledge and significant standing in public administration.

 

Financial impact  

Nil.

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1 C hapter 1     

Membership qualifications for the Authority

This Chapter refers to amendments that appear in Sheet AL233.

Outline of chapter

1.1                   These amendments expand the appointment criteria for membership of the Australian Climate Change Regulatory Authority (the Authority).

Context of amendments

1.2                   The Australian Climate Change Regulatory Authority Bill 2009 (ACCRA Bill) establishes the Authority, a body corporate comprising a Chair and between 2 and 4 other members.

1.3                   The primary functions of the Authority are to administer the Scheme, the Renewable Energy Target, and the National Greenhouse and Energy Reporting System.

1.4                   The Authority has the following functions [Part 2, Division 1, clause 11] :

•        Such functions as are conferred on the Authority by a climate change law;

•        Such functions as are conferred on the Authority by any other law of the Commonwealth; and

•        To do anything incidental to or conducive to the performance of any of the above functions. 

1.5                   The Minister is responsible for appointing members of the Authority [Part 2, Division 2, subclause 18(1)]

1.6                   Before appointing a member, the Minister must be satisfied that the member has substantial experience or knowledge and significant standing in at least one of the following fields:

•        Economics

•        Industry

•        Energy production and supply

•        Energy measurement and reporting

•        Greenhouse gas emissions measurement and reporting

•        Greenhouse gas abatement measures

•        Financial markets

•        Trading of environmental instruments [Part 2, Division 2, subclause 18(2)] .

1.7                   The Minister may only terminate the appointment of a member of the Authority on narrow grounds, including for misbehaviour, physical or mental incapacity or repeated absence from meetings of the Authority.

Summary of new law

1.8                   The amendments allow the Minister to appoint a member with substantial experience or knowledge and with significant standing in public administration.

Detailed explanation of new law

1.9                   Amendment (3) adds a further criterion, ‘public administration’, to the list of attributes required for appointment to the Authority [Part 2, Division 2, subclause 18(2)]

1.10               Public administration skills and experience are highly relevant to the functions of Authority members.

•        For example, in order to ensure proper use and management of public money, public property and other Commonwealth resources, the Authority will be subject to the Financial Management and Accountability Act 1997.   The Chair of the Authority will perform functions and exercise powers relating to public administration as the Chief Executive under this legislation.

•        The Chair of the Authority is the head of a Statutory Agency under the Public Service Act 1999 and can employ Australian Public Sector employees on behalf of the Commonwealth.  The Chair will be expected to direct these staff in their duties.

1.11               Amendment (2) amends punctuation as a consequence of amendment (3) [Part 2, Division 2, subclause 18(2)]

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Part 2:  National scheme cap and national Scheme gateway

Bill reference

Paragraph number

Division 1, clause 11

1.4

Division 2, subclause 18(1)

1.5

Division 2, subclause 18(2)

1.6, 1.9, 1.11

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