Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Australian Climate Change Regulatory Authority Bill 2009 [No. 2]

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Australian Climate Change Regulatory Authority Act 2009 .

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

Provision(s)

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

 

2.  Sections 3 to 54

At the same time as section 3 of the Carbon Pollution Reduction Scheme Act 2009 commences.

 

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3   Simplified outline

                   The following is a simplified outline of this Act:

•      This Act establishes the Australian Climate Change Regulatory Authority.

•      The Authority has such functions as are conferred on it by:

               (a)     the Carbon Pollution Reduction Scheme Act 2009 ; and

              (b)     the National Greenhouse and Energy Reporting Act 2007 ; and

               (c)     the Renewable Energy (Electricity) Act 2000 .

4   Definitions

                   In this Act:

Authority means the Australian Climate Change Regulatory Authority.

Climate Change Convention means the United Nations Framework Convention on Climate Change done at New York on 9 May 1992, as amended and in force for Australia from time to time.

Note:          The text of the Convention is set out in Australian Treaty Series 1994 No. 2 ([1994] ATS 2). In 2009, the text of an international agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

climate change law means any of the following:

                     (a)  this Act;

                     (b)  the Carbon Pollution Reduction Scheme Act 2009 ;

                     (c)  regulations under the Carbon Pollution Reduction Scheme Act 2009 ;

                     (d)  a determination under subsection 103(1) of the Carbon Pollution Reduction Scheme Act 2009 ;

                     (e)  the National Greenhouse and Energy Reporting Act 2007 ;

                      (f)  regulations under the National Greenhouse and Energy Reporting Act 2007 ;

                     (g)  the Renewable Energy (Electricity) Act 2000 ;

                     (h)  regulations under the Renewable Energy (Electricity) Act 2000 ;

                      (i)  the Renewable Energy (Electricity) (Charge) Act 2000 .

continental shelf has the same meaning as in the Seas and Submerged Lands Act 1973 .

engage in conduct means:

                     (a)  do an act; or

                     (b)  omit to perform an act.

exclusive economic zone has the same meaning as in the Seas and Submerged Lands Act 1973 .

expert advisory committee has the same meaning as in the Carbon Pollution Reduction Scheme Act 2009 .

foreign country includes a region where:

                     (a)  the region is a colony, territory or protectorate of a foreign country; or

                     (b)  the region is part of a foreign country; or

                     (c)  the region is under the protection of a foreign country; or

                     (d)  a foreign country exercises jurisdiction or control over the region; or

                     (e)  a foreign country is responsible for the region’s international relations.

foreign government body means:

                     (a)  the government of a foreign country; or

                     (b)  an agency or authority of a foreign country; or

                     (c)  the government of part of a foreign country; or

                     (d)  an agency or authority of part of a foreign country.

international climate change body means:

                     (a)  a body established under the Climate Change Convention or the Kyoto Protocol; or

                     (b)  a body established by a body mentioned in paragraph (a).

Joint Petroleum Development Area has the same meaning as in the Petroleum (Timor Sea Treaty) Act 2003 .

Kyoto Protocol means the Kyoto Protocol to the United Nations Framework Convention on Climate Change done at Kyoto on 11 December 1997, as amended and in force for Australia from time to time.

Note:          The text of the Kyoto Protocol is set out in Australian Treaty Series 2008 No. 2 ([2008] ATS 2). In 2009, the text of an international agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

member of the Authority includes the Chair of the Authority.

objectives of the Authority includes:

                     (a)  the specific objectives of the Authority in relation to the Carbon Pollution Reduction Scheme Act 2009 or regulations under that Act; and

                     (b)  the specific objectives of the Authority in relation to the National Greenhouse and Energy Reporting Act 2007 or regulations under that Act; and

                     (c)  the specific objectives of the Authority in relation to the Renewable Energy (Electricity) Act 2000 or regulations under that Act.

official of the Authority means:

                     (a)  a member of the Authority; or

                     (b)  a member of the staff of the Authority; or

                     (c)  a person whose services are made available to the Authority under section 37; or

                     (d)  a person engaged as a consultant under section 38.

protected information means information that:

                     (a)  was obtained after the commencement of this section by a person in the person’s capacity as an official of the Authority; and

                     (b)  relates to the affairs of a person other than the official of the Authority.

Royal Commission has the same meaning as in the Royal Commissions Act 1902 .

Secretary means the Secretary of the Department.

staff of the Authority means the staff described in section 36.

State/Territory government body means:

                     (a)  the government of a State or Territory; or

                     (b)  an agency or authority of a State or Territory.

territorial sea has the same meaning as in the Seas and Submerged Lands Act 1973 .

United Nations Convention on the Law of the Sea means the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.

Note:          The text of the Convention is set out in Australian Treaty Series 1994 No. 31 ([1994] ATS 31). In 2009, the text of an international agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

vacancy , in relation to the office of a member of the Authority, has a meaning affected by section 5.

5   Vacancy in the office of a member of the Authority

                   For the purposes of a reference in:

                     (a)  this Act to a vacancy in the office of a member of the Authority; or

                     (b)  the Acts Interpretation Act 1901 to a vacancy in the membership of a body;

there are taken to be 4 offices of members of the Authority in addition to the Chair of the Authority.

6   Crown to be bound

             (1)  This Act binds the Crown in each of its capacities.

             (2)  This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.

             (3)  The protection in subsection (2) does not apply to an authority of the Crown.

7   Extension to external Territories

                   This Act extends to every external Territory.

8   Extension to exclusive economic zone and continental shelf

                   This Act extends to a matter relating to the exercise of Australia’s sovereign rights in the exclusive economic zone or the continental shelf.

8A   Extension to Joint Petroleum Development Area

                   This Act extends to the Joint Petroleum Development Area.

9   Application to foreign ships

                   This Act does not apply to the extent that its application would be inconsistent with the exercise of rights of foreign ships in:

                     (a)  the territorial sea; or

                     (b)  the exclusive economic zone; or

                     (c)  waters of the continental shelf;

in accordance with the United Nations Convention on the Law of the Sea.