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This Act may be cited as the Climate Change Authority 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. | 29 November 2011 |
2. Section 3 | 1 July 2012. However, if section 3 of the Clean Energy Act 2011 does not commence before 1 July 2012, the provision(s) do not commence at all. | 1 July 2012 |
3. Sections 4 to 9 | A single day to be fixed by Proclamation. A Proclamation must not specify a day that occurs before the day the Clean Energy Act 2011 receives the Royal Assent. However, if the provision(s) do not commence within the period of 6 months beginning on the later of: (a) the day this Act receives the Royal Assent; and (b) the day the Clean Energy Act 2011 receives the Royal Assent; they commence on the day after the end of that period. | 9 December 2011 |
4. Parts 2 and 3 | 1 July 2012. However, if section 3 of the Clean Energy Act 2011 does not commence before 1 July 2012, the provision(s) do not commence at all. | 1 July 2012 |
5. Parts 4 and 5 | At the same time as the provision(s) covered by table item 3. | 9 December 2011 |
This table relates only to the provisions of this Act as originally enacted.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 Climate Change Authority.
• The Authority is to conduct reviews under:
the Carbon Credits (Carbon Farming Initiative) Act 2011; and
the National Greenhouse and Energy Reporting Act 2007; and
this Act.
• The Authority is to give advice under the Climate Change Act 2022.
• This Act establishes the Land Sector Carbon and Biodiversity Board.
• The Board is to advise the Environment Minister, the Climate Change Minister and the Agriculture Minister about climate change measures that relate to the land sector.
In this Act:
Agriculture Minister means the Minister administering Part 2 of the Natural Resources Management (Financial Assistance) Act 1992.
associate Authority member means an associate member of the Authority.
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.
Authority means the Climate Change Authority.
Authority member means a member of the Authority, but does not include an associate Authority member.
Biodiversity Fund program measure means a measure that has been, is being, or may be, funded by the program known as the Biodiversity Fund program.
Board means the Land Sector Carbon and Biodiversity Board.
Board member means a member of the Board, and includes the Chair of the Board.
CEO means the Chief Executive Officer of the Authority.
Climate Change Department means the Department administered by the Climate Change Minister.
Climate Change Minister means the Minister administering this Act.
Environment Department means the Department administered by the Environment Minister.
Environment Minister means the Minister administering the Environment Protection and Biodiversity Conservation Act 1999.
greenhouse gas has the same meaning as in the National Greenhouse and Energy Reporting Act 2007.
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).
staff of the Authority means the staff described in section 52.
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.
The Climate Change Authority is established by this section.
The Authority does not have a legal identity separate from the Commonwealth.
In this Act, Authority means the Climate Change Authority—see section 4.
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
the Authority is a listed entity; and
the CEO is the accountable authority of the Authority; and
the following persons are officials of the Authority:
the CEO;
an Authority member;
an associate Authority member;
the staff of the Authority;
persons whose services are made available to the Authority under section 53;
consultants engaged under section 54; and
the purposes of the Authority include the functions of the Authority referred to in section 11.
The Authority has the following functions:
to conduct reviews under:
section 306 of the Carbon Credits (Carbon Farming Initiative) Act 2011; and
sections 76A and 76B of the National Greenhouse and Energy Reporting Act 2007; and
Part 3 of this Act;
if requested to do so by the Climate Change Minister, to assist the Climate Change Minister in preparing the Commonwealth Government’s response to recommendations set out in a report of such a review;
to give advice under Part 4 of the Climate Change Act 2022;
to conduct research about matters relating to climate change;
to conduct research for purposes in connection with the performance of any of the Authority’s functions;
such other functions as are conferred on the Authority by this Act;
such functions as are conferred on the Authority by any other law of the Commonwealth;
to do anything incidental to or conducive to the performance of any of the above functions.
In performing its functions, the Authority must have regard to the following principles:
the principle that any measures to respond to climate change should:
be economically efficient; and
be environmentally effective; and
be equitable; and
be in the public interest; and
take account of the impact on households, business, workers and communities; and
support the development of an effective global response to climate change; and
be consistent with Australia’s foreign policy and trade objectives; and
take account of the matters set out in Article 2 of the Paris Agreement; and
boost economic, employment and social benefits, including for rural and regional Australia;
such other principles (if any) as the Authority considers relevant.
The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
The CEO may enter into contracts and other arrangements on behalf of the Commonwealth. See section 23 of the Public Governance, Performance and Accountability Act 2013.