Clean Energy Regulator Act 2011

The Minister may, by legislative instrument, give directions to the Regulator in relation to the performance of its functions and the exercise of its powers.

For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the direction (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

A direction under subsection (1) must be of a general nature only.

A direction under subsection (1) must not be inconsistent with the objects of:

the Carbon Credits (Carbon Farming Initiative) Act 2011; or

the Future Made in Australia (Guarantee of Origin) Act 2024; or

the National Greenhouse and Energy Reporting Act 2007; or

the Renewable Energy (Electricity) Act 2000; or

the Nature Repair Act 2023.

A direction under subsection (1) must not be inconsistent with Australia’s greenhouse gas emissions reduction targets.

The Regulator must comply with a direction under subsection (1).

If the Minister is not the Biodiversity Minister, then, before giving a direction to the Regulator under subsection (1) in relation to the performance of its functions, or the exercise of its powers, under a biodiversity law, the Minister must consult the Biodiversity Minister.