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This Act may be cited as the Clean Energy Regulator Act 2011.
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 this Act receives the Royal Assent. | 4 December 2011 |
2. Sections 3 to 57 | At the same time as section 3 of the Clean Energy Act 2011 commences. | 2 April 2012 |
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
The following is a simplified outline of this Act:
• This Act establishes the Clean Energy Regulator.
• The Regulator has such functions as are conferred on it by or under:
the Carbon Credits (Carbon Farming Initiative) Act 2011; and
the Future Made in Australia (Guarantee of Origin) Act 2024; and
the Nature Repair Act 2023; and
the National Greenhouse and Energy Reporting Act 2007; and
the New Vehicle Efficiency Standard Act 2024; and
the Renewable Energy (Electricity) Act 2000; and
the Australian National Registry of Emissions Units Act 2011.
• The regulations can also confer functions on the Regulator.
In this Act:
Australian police force means:
the Australian Federal Police; or
a police force or police service of a State or Territory.
Australia’s greenhouse gas emissions reduction targets means:
if:
Australia’s current nationally determined contribution was communicated in accordance with Article 4 of the Paris Agreement in June 2022; and
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
in any other case—the greenhouse gas emissions reduction targets included in:
Australia’s current nationally determined contribution communicated in accordance with Article 4 of the Paris Agreement; or
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.
biodiversity has the same meaning as in the Nature Repair Act 2023.
Biodiversity Convention means the Convention on Biological Diversity, done at Rio de Janeiro on 5 June 1992, as in force for Australia from time to time.
The Convention is in Australian Treaty Series 1993 No. 32 ([1993] ATS 32) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Biodiversity Department means the Department administered by the Biodiversity Minister.
biodiversity law means:
the Nature Repair Act 2023 or a legislative instrument under that Act; or
the Regulatory Powers (Standard Provisions) Act 2014 as applied by the Nature Repair Act 2023.
Biodiversity Minister means the Minister who administers the Nature Repair Act 2023.
biodiversity project has the same meaning as in the Nature Repair Act 2023.
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.
The text of the Convention is set out in Australian Treaty Series 1994 No. 2 ([1994] ATS 2). In 2013, 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).
climate change law means any of the following:
this Act or legislative instruments under this Act;
the Carbon Credits (Carbon Farming Initiative) Act 2011 or legislative instruments under that Act;
the Future Made in Australia (Guarantee of Origin) Act 2024 or legislative instruments under that Act;
the Future Made in Australia (Guarantee of Origin Charges) Act 2024 or legislative instruments under that Act;
the National Greenhouse and Energy Reporting Act 2007 or legislative instruments under that Act;
the Renewable Energy (Electricity) Act 2000 or legislative instruments under that Act;
the Renewable Energy (Electricity) (Large‑scale Generation Shortfall Charge) Act 2000;
the Renewable Energy (Electricity) (Small‑scale Technology Shortfall Charge) Act 2010;
the Australian National Registry of Emissions Units Act 2011 or legislative instruments under that Act;
the New Vehicle Efficiency Standard Act 2024;
the Regulatory Powers (Standard Provisions) Act 2014 as applied by an Act mentioned in a preceding paragraph of this definition.
engage in conduct means:
do an act; or
omit to perform an act.
foreign country includes a region where:
the region is a colony, territory or protectorate of a foreign country; or
the region is part of a foreign country; or
the region is under the protection of a foreign country; or
a foreign country exercises jurisdiction or control over the region; or
a foreign country is responsible for the region’s international relations.
greenhouse gas has the same meaning as in the National Greenhouse and Energy Reporting Act 2007.
international agreement means an agreement whose parties are:
Australia and a foreign country; or
Australia and 2 or more foreign countries.
international biodiversity agreement means:
the Biodiversity Convention; or
any other international agreement, signed on behalf of Australia, that:
relates to biodiversity; and
imposes obligations on Australia to take action to enhance or protect biodiversity; or
an international agreement, signed on behalf of Australia, that:
relates to biodiversity; and
is specified in a legislative instrument made by the Biodiversity Minister for the purposes of this definition.
international biodiversity body means:
a body established under an international biodiversity agreement; or
a body established by a body mentioned in paragraph (a).
international climate change agreement means:
the Climate Change Convention; or
any other international agreement, signed on behalf of Australia, that:
relates to climate change; and
imposes obligations on Australia to take action to reduce greenhouse gas emissions; or
an international agreement, signed on behalf of Australia, that:
relates to climate change; and
is specified in a legislative instrument made by the Minister for the purposes of this definition.
international climate change body means:
a body established under an international climate change agreement; or
a body established by a body mentioned in paragraph (a).
member of the Regulator includes the Chair of the Regulator.
official of the Regulator means:
a member of the Regulator; or
a member of the staff of the Regulator; or
a person whose services are made available to the Regulator under section 37; or
a person engaged as a consultant under section 38.
offsets project has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011.
Paris Agreement means the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time.
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).
prescribed eligible carbon unit has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011.
protected information means information that:
is held by a person in the person’s capacity as an official of the Regulator; and
relates to the affairs of a person other than an official of the Regulator.
Regulator means the Clean Energy Regulator.
Royal Commission has the same meaning as in the Royal Commissions Act 1902.
Secretary means the Secretary of the Department.
staff of the Regulator means the staff described in section 36.
State/Territory government body means:
the government of a State or Territory; or
an agency or authority of a State or Territory.
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.
The text of the Convention is set out in Australian Treaty Series 1994 No. 31 ([1994] ATS 31). In 2011, 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 Regulator, has a meaning affected by section 5.
For the purposes of a reference in:
this Act to a vacancy in the office of a member of the Regulator; or
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 Regulator in addition to the Chair of the Regulator.
This Act binds the Crown in each of its capacities.
This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
The protection in subsection (2) does not apply to an authority of the Crown.
This Act extends to every external Territory.
This Act extends to a matter relating to the exercise of Australia’s sovereign rights in the exclusive economic zone or the continental shelf.
Despite subsection 13AB(1) of the Seas and Submerged Lands Act 1973, this Act extends to acts, omissions, matters and things directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area (within the meaning of that Act).
This section does not limit section 8.
This Act does not apply to the extent that its application would be inconsistent with the exercise of rights of foreign ships in:
the territorial sea; or
the exclusive economic zone; or
waters of the continental shelf;
in accordance with the United Nations Convention on the Law of the Sea.
The Clean Energy Regulator is established by this section.
The Regulator does not have a legal identity separate from the Commonwealth.
In this Act, Regulator means the Clean Energy Regulator—see section 4.
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
the Regulator is a listed entity; and
the Chair of the Regulator is the accountable authority of the Regulator; and
the following persons are officials of the Regulator:
the Chair of the Regulator;
the other members of the Regulator;
the staff of the Regulator referred to in section 36;
persons whose services are made available to the Regulator under section 37;
consultants engaged under section 38; and
the purposes of the Regulator include the functions of the Regulator referred to in section 12.
The Regulator has the following functions:
such functions as are conferred on the Regulator by a climate change law or a biodiversity law;
such functions as are conferred on the Regulator by any other law of the Commonwealth;
such functions contributing towards the achievement of Australia’s greenhouse gas emissions reduction targets as are conferred on the Regulator by the regulations;
to do anything incidental to or conducive to the performance of any of the above functions.