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Coal-Fired Power Funding Prohibition Bill 2017

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2016-2017

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

SENATE

 

 

 

 

COAL-FIRED POWER FUNDING PROHIBITION BILL 2017

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

(Circulated by authority of Senator Di Natale)



COAL-FIRED POWER FUNDING PROHIBITION BILL 2017

 

OUTLINE

 

The Bill establishes an Act to prohibit the Commonwealth government or its agencies from funding the refurbishment, building, purchasing or assisting in the transfer of ownership of, a coal-fired power station. The Act allows for financial assistance or support for the purposes of providing transition assistance to affected workers or managing the closure of the coal-fired power station.

 

NOTES ON CLAUSES

Clause 1: Short Title

1.           This clause provides for the Act to be cited as the Coal-Fired Power Funding Prohibition Act 2017

Clause 2: Commencement

2.           This Clause states the whole of this Act will commence on the day after it receives the Royal Assent.

Clause 3: Act binds the Crown

3.         This Act binds the Crown in each of its capacities.

Clause 4: Definitions

4.         Clause 4 sets out the definition of authority of the Commonwealth to mean:

(a)     a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or

(b)    a Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013; or

(c)     any other body (whether incorporated or not) establish for a public purpose by or under a law of the Commonwealth; or

(d)    an incorporated company in which the Commonwealth, or a body corporate referred to in paragraph (b) or (c), has a controlling interest.

Part 2 — Prohibition on Commonwealth support for coal-fired power stations

Clause 5: Prohibition on Commonwealth support for coal-fired power stations

5.         Subclause 5(1) provides that the Commonwealth or an authority of the Commonwealth must not provide financial or other support to, or in connection with, the refurbishment, building, purchasing or assist in the purchasing or transfer of ownership of, a coal-fired power station.

 

6.         Subclause 5(2) provides that paragraph (1)(a) does not apply to financial or other support for the purpose of providing transition assistance to workers affected by the retirement of a coal-fired power station.

 

7.         Subclause 5(3) provides that paragraph (1)(b) does not apply to the purchase, or the assisting of the purchase or transfer of ownership, of a coal-fired power station if the purpose is to assist in the managed closure of a coal-fired power station.

 

8.         In order to comply with paragraph 51 (xxxi) of the constitution, subclause 5(4) provides that subsection (1) does not apply to the extent that the operation of this Act would result in the acquisition of property from a person otherwise that on just terms.

 

9.         Subclause 5(5) provides that subsection (1) has effect despite any current or future Commonwealth law unless the law expressly provides otherwise.

 

10.       Subclause 5(6) provides that subsection (5) does not affect the operation of subsection (4).

Clause 6: Executive power of the Commonwealth not otherwise limited

11.       Subclause 6 provides that this Act only limits the executive power of the Commonwealth to the extent set out in subclause 5 and does not limit that power to any other extent.



 

Statement of Compatibility with Human Rights

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

 

Coal-Fired Power Funding Prohibition Bill 2017

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 Bill

The Bill has the effect of prohibiting the Commonwealth government or its agencies from funding the refurbishment, building, purchasing or assisting in the transfer of ownership of a coal-fired power station. The Bill allows for financial assistance or support for the purposes of providing transition assistance to affected workers or managing the closure of the coal-fired power station.

Human rights implications

This Bill does not engage any of the applicable rights or freedoms.

Conclusion

This Bill is compatible with human rights as it does not raise any human rights issues.

 

Senator Richard Di Natale