Australian Renewable Energy Agency Act 2011

No. 151, 2011

Compilation No.   7

Compilation date: 11 December 2024

Includes amendments: Act No. 120, 2024

About this compilation

This compilation

This is a compilation of the Australian Renewable Energy Agency Act 2011 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary 1

1 Short title 1

2 Commencement 1

3 Object 1

4 Definitions 1

5 Extension to external Territories 4

6 Extra-territorial application 4

Part 2—Australian Renewable Energy Agency 5

7 Establishment 5

8 ARENA’s functions 5

9 General rules about performance of functions 7

10 Provision of financial assistance to be in accordance with general funding strategy 7

11 Minister may request ARENA to consider funding for specified projects 7

12 Ministerial approval where grants exceed $50 million 7

13 Minister may direct ARENA to provide advice 8

14 Constitutional limits 8

15 ARENA’s powers 9

16 ARENA does not have privileges and immunities of the Crown 10

Part 3—Board of ARENA 11

Division 1—Establishment and functions 11

17 Establishment 11

18 Functions of the Board 11

Division 2—General funding strategy and guidelines 12

Subdivision A—General funding strategy 12

19 General funding strategy 12

20 Approval of general funding strategy 12

21 When a general funding strategy for a year is in force 13

22 Variation of general funding strategy 13

23 General funding strategy to be published on ARENA’s website 14

Subdivision B—Guidelines 14

24 Guidelines 14

25 Approval of guidelines for financial assistance in excess of $15 million 15

26 Guidelines to be published on ARENA’s website 15

Division 3—Board Members 16

29 Membership 16

30 Appointment of Board members 16

31 Chair 16

31A Deputy Chair 16

32 Term of appointment 17

33 Acting appointments 17

34 Remuneration 18

35 Leave of absence 19

36 Disclosure of interests to the Minister 19

37 Resignation of appointed members 20

38 Termination of appointment of appointed members 20

39 Other terms and conditions of appointed members 21

Division 4—Meetings of the Board 22

40 Convening meetings 22

41 Secretary may nominate alternate to attend Board meetings 22

42 Presiding at meetings 22

43 Quorum 23

44 Voting at meetings 23

45 Conduct of meetings 23

46 Minutes 23

47 Decisions without meetings 23

Division 5—Committees 25

48 Committees 25

49 Remuneration and allowances 25

Part 4—Chief Executive Officer, staff and consultants 26

Division 1—Chief Executive Officer of ARENA 26

50 Establishment 26

51 Role 26

52 Appointment 26

53 Acting appointments 27

54 Outside employment 27

55 Remuneration 27

56 Leave 28

57 Disclosure of interests to the Minister 28

58 Resignation 28

59 Termination of appointment 28

60 Other terms and conditions 29

Division 2—Staff and consultants 30

61 Staff 30

62 Long service leave 30

63 Consultants 30

Part 5—Finance 32

64 Amounts available for payment to ARENA 32

65 Payment of up to balance of specified amounts on request by ARENA 34

66 Appropriation 35

67 Application of ARENA’s money 35

69 Taxation 35

Part 6—Miscellaneous 36

70 Extra matters to be included in annual report 36

70A Delegation by the Minister 36

71 Delegation by ARENA 37

72 Delegation by Board 37

73 Subdelegation by CEO 37

73A Disclosure of information to Clean Energy Finance Corporation 38

74 Regulations 38

Endnotes 39

Endnote 1—About the endnotes 39

Endnote 2—Abbreviation key 41

Endnote 3—Legislation history 42

Endnote 4—Amendment history 43

An Act to establish the Australian Renewable Energy Agency, and for related purposes

 1 Preliminary
1 Short title

This Act may be cited as the Australian Renewable Energy Agency Act 2011.
2 Commencement

This Act commences on 1 July 2012.
3 Object

The main object of this Act is to:

 a

improve the competitiveness of renewable energy technologies; and

 b

increase the supply of renewable energy in Australia; and

 c

facilitate the achievement of Australia’s greenhouse gas emissions reduction targets; and

 d

contribute to the reduction of global greenhouse gas emissions in accordance with the Paris Agreement.
4 Definitions

In this Act:

agreement includes a contract or deed.

appointed member means a Board member appointed under section 30.

ARENA: see Australian Renewable Energy Agency.

ARENA’s money: see section 67.

Australia, when used in a geographical sense, includes the external Territories.

Australian Renewable Energy Agency or ARENA means the body established by section 7.

Australia’s greenhouse gas emissions reduction targets means:

 a

if:

 i

Australia’s current nationally determined contribution was communicated in accordance with Article 4 of the Paris Agreement in June 2022; and

 ii

that nationally determined contribution has not been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement;

the greenhouse gas emissions reduction targets set out in paragraphs 10(1)(a) and (b) of the Climate Change Act 2022; or

 b

in any other case—the greenhouse gas emissions reduction targets included in:

 i

Australia’s current nationally determined contribution communicated in accordance with Article 4 of the Paris Agreement; or

 ii

if that nationally determined contribution has been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement—that nationally determined contribution, as adjusted and in force from time to time.

Board means the Board of ARENA.

Board member means a member of the Board.

CEO means the Chief Executive Officer of ARENA.

Chair means the Chair of the Board.

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.

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

Deputy Chair means the Deputy Chair of the Board.

electrification technologies means:

Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 2 ([1994] ATS 2). In 2011, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

 a

technologies that use electricity and replace technologies that use fossil fuels; or

 b

technologies that facilitate the replacement of technologies that use fossil fuels with technologies that use electricity.

energy efficiency technologies includes:

 a

energy conservation technologies; and

 b

demand management technologies; and

 c

technologies (including enabling technologies) that are related to energy efficiency technologies.

Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.

financial assistance means:

 a

grants; or

 b

any other kinds of assistance specified by the Minister by legislative instrument for the purpose of this paragraph.

non-Commonwealth money means money that ARENA receives from a person other than the Commonwealth.

Paris Agreement means the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time.

renewable energy technologies includes:

Note: The Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

 a

hybrid technologies; and

 b

technologies (including enabling technologies) that are related to renewable energy technologies.

Secretary means the Secretary of the Department.

vacancy, in relation to the office of an appointed member, has a meaning affected by subsection 33(4).
5 Extension to external Territories

This Act extends to every external Territory.
6 Extra-territorial application

This Act extends to acts, omissions, matters and things outside Australia.
2 Australian Renewable Energy Agency
7 Establishment 1

(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 Public Governance, Performance and Accountability Act 2013 applies to ARENA. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

 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, electrification technologies and energy efficiency technologies; or

 ii

the development, manufacture, demonstration, commercialisation or deployment of renewable energy technologies, electrification technologies and energy efficiency technologies; or

 iii

the storage and sharing of information and knowledge about renewable energy technologies, electrification technologies and energy efficiency 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, electrification technologies and energy efficiency technologies, and projects relating to such technologies;

 d

to provide advice to the Minister relating to renewable energy technologies, electrification technologies and energy efficiency 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, electrification technologies and energy efficiency technologies;

 e

to liaise with State and Territory governments and other authorities for the purpose of facilitating projects relating to renewable energy technologies, electrification technologies or energy efficiency technologies 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.

Note: Paragraph (f) allows additional functions to be prescribed related to renewable energy technologies as well as electrification technologies or energy efficiency technologies.
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, electrification technologies and energy efficiency 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 1

ARENA may perform its functions only in accordance with this section.

Main constitutional basis

 2

ARENA may perform its functions with respect to external affairs, including:

 a

to give effect to the Climate Change Convention and the Paris Agreement, including by supporting activities and projects that could reasonably be expected to control, reduce or prevent anthropogenic emissions of greenhouse gases; and

 b

to give effect to another international agreement to which Australia is a party; and

 c

by way of performing its functions in a place outside Australia.

Other constitutional bases

 3

In addition, ARENA may perform its functions:

 a

with respect to providing financial assistance for:

 i

research into renewable energy technologies, electrification technologies or energy efficiency technologies undertaken by constitutional corporations; or

 ii

the development, manufacture, demonstration, commercialisation or deployment of renewable energy technologies, electrification technologies or energy efficiency technologies by constitutional corporations; or

 b

with respect to trade or 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

 c

with respect to statistics; or

 d

with respect to a postal, telegraphic, telephonic or other like service; or

 e

with respect to the provision of a service, or financial assistance, to:

 i

the Commonwealth; or

 ii

an authority of the Commonwealth;

for a purpose of the Commonwealth; or

 f

with respect to a grant of financial assistance to a State; or

 g

with respect to, or in, a Territory; or

 h

with respect to activities that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation; or

 i

with respect to the executive power of the Commonwealth; or

 j

with respect to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

Meaning of terms

 4

A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.
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.
3 Board of ARENA 1 Establishment and functions
17 Establishment

There is to be a Board of ARENA.
18 Functions of the Board 1

The functions of the Board are:

 a

the functions the Board has under Division 2 relating to general funding strategies and guidelines; and

 b

to decide the other strategies, objectives and policies to be followed by ARENA; and

 c

to ensure that ARENA complies with this Act.

 2

The Board has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

 3

Anything done in the name of, or on behalf of, ARENA by the Board, or with the authority of the Board, is taken to have been done by ARENA.
2 General funding strategy and guidelines

Subdivision A—General funding strategy
19 General funding strategy 1

The Board must, for the 2012-2013 financial year and each later financial year, develop a general funding strategy for the provision of financial assistance under this Act.

 2

The general funding strategy for the 2012-2013 financial year must be developed as soon as practicable after the start of that year. A general funding strategy for a later financial year must be developed during the previous financial year.

 2A

In developing a general funding strategy for a financial year, the Board must have regard to the most recent statement of expectations for ARENA issued by the Minister and Finance Minister jointly.

 3

A general funding strategy must:

 a

be in writing; and

 b

be expressed to relate to the financial year for which the strategy is developed and the next 2 financial years; and

 c

state ARENA’s principal objectives and priorities for the provision of financial assistance under this Act during the financial year for which the strategy is developed and the next 2 financial years.

 4

A general funding strategy must not require financial assistance to be provided to a particular person, or for a particular project.
20 Approval of general funding strategy 1

As soon as practicable after developing a general funding strategy for a financial year, the Board must give a copy of the strategy to the Minister for approval.

 1A

Before approving a general funding strategy for a financial year, the Minister must consult the Finance Minister.

 2

(2) A general funding strategy developed by the Board and approved by the Minister is a legislative instrument made by the Minister on the day on which the strategy is approved, but Legislation Act 2003 does not apply to a general funding strategy.section 42 (disallowance) of the

21 When a general funding strategy for a year is in force 1

A general funding strategy for a financial year comes into force at the later of the following times:

 a

the time when the Minister approves the strategy;

 b

the start of the financial year.

 2

A general funding strategy for a financial year ceases to be in force when the general funding strategy for the next financial year comes into force.
22 Variation of general funding strategy 1

The Board must, during a financial year, regularly review the general funding strategy that is in force for the year and consider if any variations should be made to the strategy.

 2

The Board may vary a general funding strategy.

 3

A variation must be in writing.

 4

As soon as practicable after developing a variation, the Board must give a copy of the variation to the Minister for approval.

 4A

Before approving a variation, the Minister must consult the Finance Minister.

 5

A variation comes into force at the later of the following times:

 a

the time when the Minister approves the variation;

 b

the commencement time specified in the instrument of variation (not being a time before the instrument is made).

 6

(6) A variation developed by the Board and approved by the Minister is a legislative instrument made by the Minister on the day on which the variation is approved, but Legislation Act 2003 does not apply to a variation.section 42 (disallowance) of the

23 General funding strategy to be published on ARENA’s website

The Board must ensure that the general funding strategy that is in force from time-to-time under this Subdivision is published on ARENA’s website.

Subdivision B—Guidelines
24 Guidelines 1

Subject to subsection (2), the Board may:

 a

develop guidelines for the provision of financial assistance under this Act; and

 b

vary or revoke such guidelines.

 2

The Board must develop guidelines for a grant program if, under the program, the total of all grants for a particular project could exceed $15 million.

 3

Guidelines, or a variation or revocation of guidelines, must be in writing.

 4

Unless section 25 applies, guidelines, or a variation or revocation of guidelines, come into force at the commencement time specified in the instrument making, varying or revoking the guidelines (not being a time before the instrument is made).

 5

None of the following are legislative instruments:

 a

guidelines;

 b

a variation or revocation of guidelines.
25 Approval of guidelines for financial assistance in excess of $15 million 1

The Board must give to the Minister, for his or her approval:

 a

guidelines for a grant program referred to in subsection 24(2); and

 b

(b) any variation of such guidelines, unless the variation is of a minor nature (a minor variation); and

 c

any revocation of such guidelines.

Note: Grants totalling more than $50 million for a particular project must be approved by the Minister under section 12.

 2

If the Board makes a minor variation, the Board must inform the Minister of the variation.

 3

Guidelines, or a variation or revocation, referred to in subsection (1) come into force at the later of the following times:

 a

the time when the Minister approves the guidelines, or the variation or revocation (unless the variation is a minor variation);

 b

the commencement time specified in the instrument making, varying or revoking the guidelines (not being a time before the instrument is made).
26 Guidelines to be published on ARENA’s website

The Board must ensure that guidelines that are in force from time-to-time under this Subdivision are published on ARENA’s website.
3 Board Members
29 Membership

The Board consists of:

 a

up to 7 appointed members; and

 b

the Secretary.
30 Appointment of Board members 1

Board members (other than the Secretary) are to be appointed:

 a

by the Minister by written instrument, with the agreement of the Finance Minister; and

 b

on a part-time basis.

 2

A person is not eligible for appointment as a Board member unless the Minister is satisfied that the person has experience or knowledge in at least one of the following fields:

 a

renewable energy technology;

 b

commercialisation;

 c

business investment;

 d

corporate governance.
31 Chair

The Minister must, with the agreement of the Finance Minister, appoint one Board member to be the Chair.
31A Deputy Chair

The Minister must, with the agreement of the Finance Minister, appoint one Board member to be the Deputy Chair.
32 Term of appointment 1

An appointed member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

Note: An appointed member is eligible for reappointment: see Acts Interpretation Act 1901.section 33AA of the

2

A person must not hold office as an appointed member for a continuous period of more than 9 years.
33 Acting appointments 1

The Minister may, by written instrument, appoint a person to act as the Chair:

 a

during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or

 b

during any period, or during all periods, when the Chair:

 i

is absent from duty or from Australia; or

 ii

is, for any reason, unable to perform the duties of the office.

 1A

The Minister must notify the Finance Minister if the Minister appoints a person to act as the Chair.

 1B

If no appointment is in force under subsection (1), the Deputy Chair is to act as the Chair:

 a

during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or

 b

during any period, or during all periods, when the Chair:

 i

is absent from duty or from Australia; or

 ii

is, for any reason, unable to perform the duties of the office.

 1C

The Minister may, by written instrument, appoint a person to act as the Deputy Chair:

 a

during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or

 b

during any period, or during all periods, when the Deputy Chair:

 i

is absent from duty or from Australia; or

 ii

is, for any reason (including the reason that the Deputy Chair is acting as Chair), unable to perform the duties of the office.

 1D

The Minister must notify the Finance Minister if the Minister appoints a person to act as the Deputy Chair.

 2

The Minister may, by written instrument, appoint a person to act as an appointed member:

 a

during a vacancy in the office of an appointed member (whether or not an appointment has previously been made to the office); or

 b

during any period, or during all periods, when an appointed member:

 i

is absent from duty or from Australia; or

 ii

is, for any reason, unable to perform the duties of the office.

Note: Sections 33AB and 33A of the Acts Interpretation Act 1901 have rules that apply to acting appointments.

 3

A person is not eligible for appointment to act as the Chair or Deputy Chair, or as an appointed member, unless the person is eligible for appointment as a Board member under subsection 30(2).

 4

For the purposes of a reference in:

 a

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

 b

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

there are taken to be 7 offices of appointed member.
34 Remuneration 1

An appointed member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.

 2

An appointed member is to be paid the allowances that are prescribed by the regulations.

 3

(3) This section has effect subject to the Remuneration Tribunal Act 1973.
35 Leave of absence

Chair

 1

If the Chair is an appointed member, the Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.

 1A

The Minister must notify the Finance Minister if the Minister grants the Chair leave of absence.

Other appointed members

 2

The Chair may grant leave of absence to any other appointed member on the terms and conditions that the Chair determines.

 3

The Chair must notify the Minister if the Chair grants an appointed member leave of absence for a period that exceeds 3 months.
36 Disclosure of interests to the Minister 1

(1) A disclosure by a Board member under Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister and the Finance Minister.section 29 of the

2

Subsection (1) applies in addition to any rules made for the purposes of that section.

 3

(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the Board member is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.
37 Resignation of appointed members 1

An appointed member may resign his or her appointment by giving the Minister and the Finance Minister a written resignation.

 2

The resignation takes effect on:

 a

the day it is received by the Minister and the Finance Minister (or if those Ministers receive it on different days, the later of those days); or

 b

if a later day is specified in the resignation—that later day.
38 Termination of appointment of appointed members 1

The Minister may, with the agreement of the Finance Minister, terminate the appointment of an appointed member for misbehaviour or physical or mental incapacity.

 2

The Minister may, with the agreement of the Finance Minister, terminate the appointment of an appointed member if:

 a

the member:

 i

becomes bankrupt; or

 ii

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

 iii

compounds with his or her creditors; or

 iv

makes an assignment of his or her remuneration for the benefit of his or her creditors; or

 b

the member is absent, except on leave of absence, from 3 consecutive meetings of the Board.

 3

(3) The Minister must not terminate the appointment of an appointed member under Public Governance, Performance and Accountability Act 2013 unless the Finance Minister has agreed to the termination.section 30 of the

Note: Section 30 of the Public Governance, Performance and Accountability Act 2013 deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials.
39 Other terms and conditions of appointed members 1

An appointed member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

 2

Before the Minister makes a determination under subsection (1), the Minister must consult the Finance Minister.
4 Meetings of the Board
40 Convening meetings 1

The Board must hold the meetings that are necessary for the efficient performance of its functions.

 2

Meetings are to be held at the times and places that the Board determines.

Note: See also Acts Interpretation Act 1901, which contains extra rules about meetings by telephone etc.section 33B of the

3

The Chair:

 a

may convene a meeting; and

 b

must convene at least 6 meetings each calendar year; and

 c

must convene a meeting if requested in writing by:

 i

3 or more other Board members; or

 ii

the Minister.
41 Secretary may nominate alternate to attend Board meetings 1

The Secretary may, by writing, nominate a specified person who is an SES employee or acting SES employee in the Department to attend a particular meeting, or all meetings, of the Board at which the Secretary is not present.

 2

A person so nominated may attend a meeting to which the nomination applies and, if the person does so, he or she is taken to be a Board member.
42 Presiding at meetings 1

The Chair must preside at all meetings at which he or she is present.

 2

If the Chair is not present at a meeting, the other Board members present must appoint one of themselves to preside.
43 Quorum 1

At a meeting of the Board, a quorum is constituted by a majority of the current Board members.

 2

However, if:

 a

(a) a Board member is required by rules made for the purposes of Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; andsection 29 of the

b

when the member leaves the meeting concerned there is no longer a quorum present;

the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.
44 Voting at meetings 1

A question arising at a meeting is to be determined by a majority of the votes of the Board members present and voting.

 2

The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes, a casting vote.
45 Conduct of meetings

The Board may regulate proceedings at its meetings as it considers appropriate.
46 Minutes

The Board must keep minutes of its meetings.
47 Decisions without meetings 1

The Board is taken to have made a decision at a meeting if:

 a

without meeting, a majority of the Board members entitled to vote on the proposed decision indicate agreement with the decision; and

 b

that agreement is indicated in accordance with the method determined by the Board under subsection (2); and

 c

all the Board members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.

 2

Subsection (1) applies only if the Board:

 a

has determined that it may make decisions of that kind without meeting; and

 b

has determined the method by which Board members are to indicate agreement with proposed decisions.

 3

For the purposes of paragraph (1)(a), a Board member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.

 4

The Board must keep a record of decisions made in accordance with this section.
5 Committees
48 Committees 1

The Board may establish committees to advise or assist in the performance of ARENA’s functions or the Board’s functions.

 2

A committee may be constituted:

 a

wholly by Board members; or

 b

wholly by persons who are not Board members; or

 c

partly by Board members and partly by other persons.

 3

The Board may determine, in relation to a committee established under this section:

 a

the committee’s terms of reference; and

 b

the terms and conditions of appointment of the members of the committee; and

 c

the procedures to be followed by the committee.
49 Remuneration and allowances 1

This section applies if a committee is established under section 48.

 2

A committee member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.

 3

A committee member is to be paid the allowances that are prescribed by the regulations.

 4

(4) This section has effect subject to the Remuneration Tribunal Act 1973.
4 Chief Executive Officer, staff and consultants 1 Chief Executive Officer of ARENA
50 Establishment

There is to be a Chief Executive Officer of ARENA.
51 Role 1

The CEO is responsible for the day-to-day administration of ARENA.

 2

The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties.

 3

The CEO is to act in accordance with policies determined by the Board.

 4

The Board may give written directions to the CEO about the performance of the CEO’s responsibilities.

 5

The CEO must comply with a direction under subsection (4).

 6

A direction under subsection (4) is not a legislative instrument.
52 Appointment 1

The CEO is to be appointed by the Minister on the recommendation of the Board.

 1A

Before appointing a person as the CEO, the Minister must consult with the Finance Minister.

 2

The CEO is to be appointed:

 a

by written instrument; and

 b

on a full-time basis.

 3

The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

Note: A CEO is eligible for re-appointment: see Acts Interpretation Act 1901.section 33AA of the

4

The Minister must not appoint a Board member as the CEO.
53 Acting appointments 1

The Minister may, by written instrument, appoint a person (including an appointed member) to act as the CEO:

 a

during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or

 b

during any period, or during all periods, when the CEO:

 i

is absent from duty or from Australia; or

 ii

is, for any reason, unable to perform the duties of the office.

 2

If the Minister appoints an appointed member to act as the CEO, the member is to be appointed to act on a part-time basis.

Note: Sections 33AB and 33A of the Acts Interpretation Act 1901 have rules that apply to acting appointments.
54 Outside employment

The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.
55 Remuneration 1

The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.

 2

The CEO is to be paid the allowances that are prescribed by the regulations.

 3

(3) This section has effect subject to the Remuneration Tribunal Act 1973.
56 Leave 1

The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.

 2

The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
57 Disclosure of interests to the Minister 1

(1) A disclosure by the CEO under Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister and the Finance Minister.section 29 of the

2

Subsection (1) applies in addition to any rules made for the purposes of that section.

 3

(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.
58 Resignation 1

The CEO may resign his or her appointment by giving the Minister a written resignation.

 2

The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
59 Termination of appointment 1

The Minister may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.

 2

Before the Minister terminates the appointment of the CEO under subsection (1) the Minister must consult the Board and the Finance Minister.

 3

The Minister may terminate the appointment of the CEO if:

 a

the CEO:

 i

becomes bankrupt; or

 ii

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

 iii

compounds with his or her creditors; or

 iv

makes an assignment of his or her remuneration for the benefit of his or her creditors; or

 b

the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

 c

(c) the CEO fails, without reasonable excuse, to comply with Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; orsection 29 of the

d

the CEO engages, except with the Minister’s approval, in paid employment outside the duties of his or her office (see section 54).
60 Other terms and conditions

The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
2 Staff and consultants
61 Staff 1

ARENA may employ such persons as it considers necessary for the performance of its functions and the exercise of its powers.

 2

An employee is to be employed on the terms and conditions that ARENA determines in writing.

 3

(3) ARENA may arrange with an Agency Head (within the meaning of the Public Service Act 1999), or with a body established for a public purpose by a law of the Commonwealth, for the services of officers or employees of the Agency or body to be made available to ARENA.

 4

ARENA may enter into an arrangement with the appropriate authority of a State or Territory for the services of officers or employees of the Public Service of the State or Territory, or of a State or Territory statutory authority, to be made available to ARENA.
62 Long service leave

ARENA is a public authority of the Commonwealth for the purposes of the Long Service Leave (Commonwealth Employees) Act 1976.
63 Consultants 1

ARENA may engage consultants to provide technical and specialist advisory services to assist ARENA in the performance of its functions.

 2

The consultants are to be engaged on the terms and conditions that ARENA determines.

 3

A person must not be engaged as a consultant to perform operational or administrative duties of a kind that are performed, or are capable of being performed, by the persons who have been employed by, or made available to, ARENA as referred to in section 61.
5 Finance
64 Amounts available for payment to ARENA 1

Subject to section 65, the Commonwealth will, for each financial year specified in the following table, make payments to ARENA up to the amount specified for that year.
Yearly maximum payments to ARENA Yearly maximum payments to ARENA Yearly maximum payments to ARENA
Item Financial year Amount for financial year
1 2024-2025 an amount prescribed by the regulations for the purposes of this item (subject to subsection (3))
2 2025-2026 $666,186,000.00
3 2026-2027 $600,443,000.00
4 2027-2028 $715,763,000.00
5 2028-2029 $733,457,000.00
6 2029-2030 $695,532,000.00
7 2030-2031 $683,978,000.00
8 2031-2032 $572,043,000.00
9 2032-2033 $490,000,000.00
10 2033-2034 $465,000,000.00
11 2034-2035 $265,000,000.00
12 2035-2036 $190,000,000.00
13 2036-2037 $115,000,000.00
14 2037-2038 an amount prescribed by the regulations for the purposes of this item (subject to subsection (3))
15 2038-2039 an amount prescribed by the regulations for the purposes of this item (subject to subsection (3))

Additional amounts

 2

Items 2 to 13 of the table in subsection (1) have effect as if the amount specified in the item (including by the operation of subsection (4)) were increased by the amount prescribed for the item by regulations made for the purposes of this subsection.

Limit on amounts that may be prescribed by regulation

 3

An amount cannot be prescribed for the purposes of:

 a

item 1, 14 or 15 of the table in subsection (1); or

 b

subsection (2);

if:

 c

the amount exceeds $3,980,000,000; or

 d

the effect of prescribing the amount would be that the sum of all amounts prescribed under provisions mentioned in paragraph (a) or (b) of this subsection would exceed $3,980,000,000.

Carry over of unspent money from one year to next

 4

If the amount specified in any item of the table in subsection (1) for a financial year (as the table has effect in accordance with subsection (2) and this subsection) exceeds the amount paid to ARENA under section 65 in respect of requests made during that year, the table has effect as follows:

 a

if the next financial year is specified in the table—as if the amount specified in the table for that next financial year were increased by an amount equal to the excess; and

 b

in any other case—as if the table included an item that specifies the next financial year and an amount for that next financial year that is equal to the excess.
65 Payment of up to balance of specified amounts on request by ARENA 1

Subject to this section, ARENA may, during a financial year specified in the table in section 64, request payments from the Commonwealth to meet liabilities of ARENA:

 a

that are already due for payment; or

 b

that will, or are expected to, become due for payment during the year.

 2

A request must:

 a

be made to meet liabilities of ARENA:

 i

that are already due for payment; or

 ii

that will, or are expected to, become due for payment during a period specified in the request; and

 b

specify the amount of the payment requested.

 3

The following matters are to be as agreed between ARENA and the Minister:

 a

how requests are to be made, including:

 i

the form in which a request is to be made; and

 ii

the person to whom a request is to be given;

 b

the frequency with which ARENA may make requests;

 c

the period that may be specified in a request as mentioned in subparagraph (2)(a)(ii).

 4

ARENA cannot make requests during a financial year that exceed in total the amount specified for the year in the table in section 64.

Note: The amounts specified in the table may be affected by subsection 64(2) or (4).

 5

If ARENA makes a request for payment in accordance with this section (and in accordance with an agreement referred to in subsection (3)), the Commonwealth must, as soon as practicable, pay ARENA the amount requested.
66 Appropriation

Amounts payable to ARENA under section 65 are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.
67 Application of ARENA’s money 1

(1) ARENA’s money consists of:

 a

money paid to ARENA under section 65; and

 b

any other money received by ARENA.

 2

ARENA’s money is to be applied only:

 a

in providing financial assistance in accordance with this Act; and

 b

in payment of remuneration and allowances payable under this Act; and

 c

in payment or discharge of any other expenses, charges, obligations and liabilities incurred or undertaken by ARENA in the performance of its functions and the exercise of its powers.

 4

(4) Subsection (2) does not prevent investment, under Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of ARENA.section 59 of the

69 Taxation

ARENA is not subject to taxation under a law of the Commonwealth or of a State or Territory.
6 Miscellaneous
70 Extra matters to be included in annual report

The annual report prepared by the Board and given to the Minister under Public Governance, Performance and Accountability Act 2013 for a period must include the following:section 46 of the

a

particulars of each request given to ARENA by the Minister under section 11, during the period;

 b

particulars of each direction given to ARENA by the Minister under section 13, during the period;

 c

for each person to whom financial assistance has been provided, or committed, under an agreement during the period, particulars of:

 i

the name of the person; and

 ii

the nature and amount of the financial assistance provided or committed; and

 iii

the technology or technologies to which the assistance relates (if the assistance relates to one or more particular technologies);

 d

an assessment of the extent to which agreements for the provision of financial assistance entered into during the period have progressed, or are expected to progress, the principal objectives and priorities as stated in the general funding strategy in force under Subdivision A of Division 2 of Part 3 for the period.
70A Delegation by the Minister

The Minister may, in writing, for the purposes of a specified project or grant program, delegate to another Minister any of the Minister’s powers or functions under:

 a

section 11 (Minister may request ARENA to consider funding for specified projects); or

 b

section 12 (Ministerial approval where grants exceed $50 million); or

 c

section 25 (approval of guidelines for financial assistance in excess of $15 million).
71 Delegation by ARENA 1

ARENA may, in writing under its seal, delegate all or any of its powers or functions under this Act to:

 a

a Board member; or

 b

the CEO.

 2

In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of ARENA.
72 Delegation by Board 1

The Board may, in writing, delegate to a Board member or the CEO any of its powers or functions under this Act, other than Subdivision A of Division 2 of Part 3 (general funding strategy).

 2

In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the Board.

 3

A delegation under this section:

 a

may be revoked by the Board (whether or not constituted by the Board members who constituted the Board when the power was delegated); and

 b

continues in force even if the membership of the Board changes.
73 Subdelegation by CEO 1

If ARENA or the Board delegates a power or function under subsection 71(1) or 72(1) to the CEO, the CEO may, in writing, subdelegate the power or function to a senior member of the staff referred to in section 61.

 2

In exercising any powers or performing any functions under the subdelegation, the subdelegate must comply with any directions of the CEO.

 3

(3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to the subdelegation in a corresponding way to the way in which they apply in relation to a delegation.
73A Disclosure of information to Clean Energy Finance Corporation

ARENA may disclose information to the Clean Energy Finance Corporation if the disclosure will enable or assist the Clean Energy Finance Corporation to perform or exercise any of its functions or powers.
74 Regulations

The Governor-General may make regulations prescribing matters:

 a

required or permitted by this Act to be prescribed; or

 b

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key— E ndnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history— E ndnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub-subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced

Endnote 3—Legislation history
Act Number and year Assent Commencement Application, saving and transitional provisions
Australian Renewable Energy Agency Act 2011 151, 2011 4 Dec 2011 1 July 2012 (s 2)
Clean Energy Legislation Amendment Act 2012 84, 2012 28 June 2012 Sch 5 (item 1): 3 Aug 2012 (s 2(1) item 5) —
Clean Energy Legislation (Carbon Tax Repeal) Act 2014 83, 2014 17 July 2014 Sch 5: 17 July 2014 (s 2(1) item 9) Sch 5 (item 4)
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 126, 2015 10 Sept 2015 Sch 1 (item 57): 5 Mar 2016 (s 2(1) item 2) —
Budget Savings (Omnibus) Act 2016 55, 2016 16 Sept 2016 Sch 5 (item 1): 17 Sept 2016 (s 2(1) item 6) —
Public Governance and Resources Legislation Amendment Act (No. 1) 2017 92, 2017 23 Aug 2017 Sch 2 (items 5–19) and Sch 4: 23 Aug 2017 (s 2(1) item 1) Sch 4
Climate Change (Consequential Amendments) Act 2022 38, 2022 13 Sept 2022 Sch 1 (items 1–3): 14 Sept 2022 (s 2(1) item 1) —
Future Made in Australia (Omnibus Amendments No. 1) Act 2024 120, 2024 10 Dec 2024 Sch 2 (items 1–51, 54–57): 11 Dec 2024 (s 2(1) item 1) Sch 2 (items 54–57)

Endnote 4—Amendment history
Provision affected How affected
Part 1
s 3 am No 38, 2022; No 120, 2024
s 4 am No 92, 2017; No 38, 2022; No 120, 2024
Part 2
s 7 am No 92, 2017
s 8 am No 38, 2022; No 120, 2024
s 9 am No 120, 2024
s 14 rs No 38, 2022
am No 120, 2024
Part 3
Division 1
s 18 am No 120, 2024
Division 2
Division 2 heading am No 120, 2024
Subdivision A
s 19 am No 120, 2024
s 20 am No 126, 2015; No 120, 2024
s 22 am No 126, 2015; No 120, 2024
Subdivision C rep No 120, 2024
s 27 rep No 120, 2024
s 28 rep No 120, 2024
Division 3
s 29 am No 120, 2024
s 30 am No 120, 2024
s 31 am No 120, 2024
s 31A ad No 120, 2024
s 32 am No 120, 2024
s 33 am No 120, 2024
s 35 am No 120, 2024
s 36 rs No 92, 2017
am No 120, 2024
s 37 am No 120, 2024
s 38 am No 92, 2017; No 120, 2024
s 39 am No 120, 2024
Division 4
s 43 am No 92, 2017
Part 4
Division 1
s 52 am No 120, 2024
s 57 rs No 92, 2017
am No 120, 2024
s 59 am No 92, 2017; No 120, 2024
Division 2
s 61 rs No 120, 2024
s 62 rs No 120, 2024
s 63 am No 120, 2024
Part 5
s 64 am No 83, 2014; No 55, 2016
rs No 120, 2024
s 65 am No 83, 2014; No 120, 2024
s 67 am No 92, 2017; No 120, 2024
s 68 rep No 92, 2017
Part 6
s 70 am No 92, 2017; No 120, 2024
s 70A ad No 120, 2024
s 73 am No 120, 2024
s 73A ad No 84, 2012