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This Act is the Net Zero Economy Authority Act 2024.
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 | ||
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Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the first day of the first calendar month to start after the end of that period. | 11 December 2024 (F2024N01129) |
This table relates only to the provisions of this Act as originally enacted.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 object of this Act is to:
promote orderly and positive economic transformation as the world decarbonises; and
facilitate the achievement of Australia’s greenhouse gas emissions reduction targets; and
ensure Australia’s regions, communities and workers are supported to manage the impacts, and share in the benefits, of Australia’s transition to a net zero emissions economy.
This Act establishes the Net Zero Economy Authority.
The Authority’s functions are directed at promoting orderly and positive economic transformation as Australia transitions to a net zero emissions economy. These functions include:
consulting and cooperating with persons, organisations and governments to support Australia’s transition to a net zero emissions economy; and
facilitating participation and investment in net zero transformation initiatives; and
supporting workers in emissions‑intensive industries to access new employment or improve their employment prospects.
The Board is the accountable authority of the Net Zero Economy Authority and is responsible for determining the objectives, strategies and policies to be followed by the Authority and the CEO. The Minister may give general directions to the Board about the performance of the functions of the Authority and the Board. The Board members are appointed by the Minister and must have experience or expertise in particular fields.
The CEO is responsible for the day‑to‑day administration of the Authority, and is to assist the Board in the performance of the Board’s functions. The CEO is also responsible for the administration of Part 5 (Energy industry jobs plan).
If a notice is given in relation to the closure of the whole, or a part, of a coal‑fired power station or a gas‑fired power station:
the CEO must undertake a community of interest process to identify closing employers, dependent employers and receiving employers; and
the CEO may apply to the Fair Work Commission for a community of interest determination by the Commission; and
closing employers and dependent employers specified in the determination are subject to obligations that are connected with facilitating transition employees of the employers to find other employment.
The staff of the Authority must be persons engaged under the Public Service Act 1999.
The Board must establish a Stakeholder Panel with representatives from a range of fields to provide non‑binding advice and information to the Board. The Board may also engage consultants, and make arrangements for the Authority to be assisted by certain other persons.
This Act also deals with miscellaneous matters, including information sharing, delegations, review of this Act and the power to make rules.
In this Act:
associated entity has the meaning given by section 50AAA of the Corporations Act 2001.
Australia, when used in a geographical sense, includes the external Territories.
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 Net Zero Economy Authority.
Board means the Board of the Authority.
Board member means a member of the Board, and includes the Chair.
CEO means the Chief Executive Officer of the Authority.
Chair means the Chair of the Board.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
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 Convention is in Australian Treaty Series 1994 No. 2 ([1994] ATS 2) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
closing employer has the meaning given by section 6.
Commonwealth company has the same meaning as in the PGPA Act.
Commonwealth entity has the same meaning as in the PGPA Act.
community of interest determination means a determination made under subsection 57(2) (including as varied).
community of interest process: see section 55.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
Covenant on Economic, Social and Cultural Rights means the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966, as amended and in force for Australia from time to time.
The Covenant is in Australian Treaty Series 1976 No. 5 ([1976] ATS 5) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
dependent employer has the meaning given by section 6.
employee organisation has the same meaning as in the Fair Work Act 2009.
employer organisation has the same meaning as in the Fair Work Act 2009.
Energy Industry Worker Redeployment Advisory Group means the Energy Industry Worker Redeployment Advisory Group established under section 63.
enterprise agreement has the same meaning as in the Fair Work Act 2009.
entrusted entity means:
a government entity (within the meaning of A New Tax System (Australian Business Number) Act 1999); or
a Commonwealth entity; or
the Australian Energy Market Operator Limited (ACN 072 010 327).
Finance Minister means the Minister administering the PGPA Act.
gas‑fired power station means a power station that generates electricity from natural gas.
geographic area means an area specified in an instrument under section 8.
ILO means the International Labour Organization.
ILO Convention (No. 122) means the ILO Convention (No. 122) concerning Employment Policy done at Geneva on 9 July 1964, as amended and in force for Australia from time to time.
The Convention is in Australian Treaty Series 1970 No. 17 ([1970] ATS 17) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
ILO Convention (No. 142) means ILO Convention (No. 142) concerning Vocational Guidance and Vocational Training in the Development of Human Resources done at Geneva on 23 June 1975, as amended and in force for Australia from time to time.
The Convention is in Australian Treaty Series 1986 No. 2 ([1986] ATS 2) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Indigenous person means:
a member of the Aboriginal race of Australia; or
a descendant of an Indigenous inhabitant of the Torres Strait Islands.
Kyoto Protocol means the Kyoto Protocol to the United Nations Framework Convention on Climate Change done at Kyoto on 11 December 1997, as amended and in force for Australia from time to time.
The Protocol is in Australian Treaty Series 2008 No. 2 ([2008] ATS 2) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
likely to prejudice national security: something is likely to prejudice national security if there is a real, and not merely a remote, possibility that it will prejudice national security.
National Electricity Rules means:
the National Electricity Rules, as in force from time to time, made under the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 (SA); or
the Rules referred to in paragraph (a) as they apply as a law of another State; or
the Rules referred to in paragraph (a) as they apply as a law of a Territory; or
the Rules referred to in paragraph (a) as they apply as a law of the Commonwealth.
national security has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004.
natural gas means a substance that:
is in a gaseous state at standard temperature and pressure; and
consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non‑hydrocarbons, the principal constituent of which is methane; and
is suitable for consumption.
national security information means information the publication of which is likely to prejudice national security.
net zero transformation initiative means a project or initiative that will, or is reasonably likely to, facilitate, directly or indirectly, the achievement of Australia’s greenhouse gas emissions reduction targets.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
Paris Agreement means the Paris Agreement done at Paris on 12 December 2015, as amended and in force for Australia from time to time.
Th Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
participating employees, of a closing employer or a dependent employer, means those transition employees of the employer who have given an expression of interest to the employer in finding other employment.
personal information has the same meaning as in the Privacy Act 1988.
PGPA Act means the Public Governance, Performance and Accountability Act 2013.
receiving employer has the meaning given by section 6.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
rules means rules made under section 81.
sensitive financial intelligence information means:
information given in compliance with subsection 41(2) of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; or
information given in compliance with a notice under subsection 49(1) of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
staff of the Authority means the persons referred to in subsection 51(1).
Stakeholder Panel means the panel established by the Board under subsection 70(1).
Statistical Area level 2 means a statistical area level 2 recognised by the Australian Bureau of Statistics.
this Act includes the rules.
transition employee, of a closing employer or a dependent employer, has the meaning given by section 7.
trigger notice means the following:
a kind of notice specified in an instrument under subsection 9(1);
a particular notice specified in an instrument under subsection 9(2).
trigger situation has the meaning given by section 55.
Closing employer
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;
whether or not the employer employs employees to perform work at the power station.
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.
Dependent employer
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;
where:
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.
Receiving employer
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).
Transition employees of closing employer
A transition employee, of a closing employer within the meaning of subsection 6(1), is the following:
an employee of the closing employer who is employed to perform work at the coal‑fired power station or gas‑fired power station concerned;
if the closing employer also 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 concerned—an employee of the closing employer who is employed to perform work at the coal mine.
A transition employee, of a closing employer within the meaning of subsection 6(2), is the following:
an employee of the closing employer who is employed to perform work at the coal‑fired power station or gas‑fired power station concerned;
an employee of the closing employer who is employed to perform work at the coal mine mentioned in subparagraph 6(2)(c)(ii).
Transition employees of dependent employer
A transition employee, of a dependent employer within the meaning of subsection 6(3), is an employee of the dependent employer who is employed to perform work in the business operations that will, or will be likely to, cease as mentioned in paragraph 6(3)(c).
A transition employee, of a dependent employer within the meaning of subsection 6(4), is an employee of the dependent employer who is employed to perform work in the business operations carried on at the coal mine mentioned in paragraph 6(4)(c).
The CEO may, by notifiable instrument, specify one or more areas for the purposes of the definition of geographic area in section 5.
Without limiting subsection (1), an area specified by the CEO may consist of:
a single Statistical Area level 2; or
2 or more Statistical Areas level 2.
A reference in an instrument under this section to a Statistical Area level 2 is a reference to the Statistical Area level 2 as in effect from time to time.
The CEO may, by notifiable instrument, specify a kind of notice for the purposes of paragraph (a) of the definition of trigger notice in section 5. The CEO must be satisfied that the kind of notice relates to the closure of the whole, or a part, of a coal‑fired power station or a gas‑fired power station.
The CEO may, by notifiable instrument, specify a particular notice for the purposes of paragraph (b) of the definition of trigger notice in section 5. The CEO must be satisfied that the particular notice relates to the closure of the whole, or a part, of a coal‑fired power station or a gas‑fired power station.
Without limiting subsection (1) or (2), a kind of notice specified under subsection (1), or a particular notice specified under subsection (2), may be:
a notice given under a provision of the National Electricity Rules; or
a notice given under a provision of a law of Western Australia.
A kind of notice specified under subsection (1), or a particular notice specified under subsection (2), does not need to be a notice under a law of the Commonwealth, a State or a Territory.
This Act extends to the external Territories.
This Act extends to a matter relating to the exercise of Australia’s sovereign rights in the exclusive economic zone or the continental shelf.
This Act applies both within and outside Australia.