Net Zero Economy Authority Act 2024

An employer is a closing employer if the employer:

is a constitutional corporation; and

owns (whether alone or jointly) or operates (whether alone or jointly) one or more parts of a coal‑fired power station, or a gas‑fired power station, that is the subject of a trigger notice that has been given;

An employer is also a closing employer if:

the employer is a constitutional corporation; and

the employer is an associated entity of another constitutional corporation that owns (whether alone or jointly) or operates (whether alone or jointly) one or more parts of:

a coal‑fired power station that is the subject of a trigger notice that has been given; or

a gas‑fired power station that is the subject of a trigger notice that has been given; and

either or both of the following apply:

the employer employs employees to perform work at the coal‑fired power station or gas‑fired power station;

if subparagraph (b)(i) applies and the employer operates (whether alone or jointly) a coal mine where the coal is being, or is to be, supplied for use in generating electricity at the coal‑fired power station—the employer employs employees to perform work at the coal mine.

An employer is a dependent employer if the employer (the relevant employer):

is a constitutional corporation; and

has a commercial relationship with:

a closing employer within the meaning of subsection (1); or

a closing employer within the meaning of subsection (2) where the closing employer employs employees to perform work at the power station concerned; and

will, or will be likely to, cease a substantial part of the business operations carried on by the relevant employer at the power station concerned, or in the same geographic area in which the power station concerned is located, as a direct result of the eventual closure of that power station.

An employer is also a dependent employer if:

the employer (the relevant employer) is a constitutional corporation; and

the relevant employer:

has a commercial relationship with another constitutional corporation that operates (whether alone or jointly) a coal mine; or

has a commercial relationship with an associated entity of another constitutional corporation, where the other constitutional corporation operates (whether alone or jointly) a coal mine; or

is an associated entity of another constitutional corporation, where the other constitutional corporation operates (whether alone or jointly) a coal mine;

the coal from the coal mine is being, or is to be, supplied to a closing employer for use in generating electricity at the coal‑fired power station concerned; and

the other constitutional corporation will, or will be likely to, cease a substantial part of the business operations carried on by the other constitutional corporation in the same geographic area in which the coal‑fired power station concerned is located as a direct result of the eventual closure of that power station; and

the relevant employer employs employees to perform work in the business operations carried on at the coal mine.

An employer is a receiving employer if the employer:

is a constitutional corporation; and

has given an expression of interest to the CEO as mentioned in paragraph 55(1)(c) and has not withdrawn that expression of interest; and

is specified in a determination under subsection (6).

The CEO may, by written determination, specify one or more employers for the purposes of paragraph (5)(c).

The CEO must cause a copy of the determination (including as varied) to be published on the Authority’s website.

A determination under subsection (6) is not a legislative instrument.

In deciding which employers to specify in a determination under subsection (6), the CEO must have regard to any guidelines made under subsection (10).

The CEO may, by notifiable instrument, make guidelines for the purposes of subsection (9).