{"id":"C2011A00152","name":"Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Act 2011","slug":"australian-renewable-energy-agency-consequential-amendments-and-transitional-provisions-act-2011","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"152 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436262,"registerId":"C2011A00152-fast-fetch-1775953507730","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Act 2011","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nAustralian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Act 2011\n\n \n\nNo. 152, 2011\n\n \n\n \n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters in connection with the Australian Renewable Energy Agency Act 2011, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedule(s)\n\nSchedule 1—Repeal and consequential amendments\n\nPart 1—Repeal of the Australian Centre for Renewable Energy Act 2010\n\nAustralian Centre for Renewable Energy Act 2010\n\nPart 2—Consequential amendments\n\nClean Energy Regulator Act 2011\n\nSchedule 2—Transitional provisions\n\nPart 1—Preliminary\n\nPart 2—Transfer of assets and liabilities\n\nDivision 1—Transfer from the Commonwealth to ARENA\n\nDivision 2—Transfer from ASI Limited to ARENA and the Commonwealth\n\nDivision 3—General provisions\n\nPart 3—Office holders and staff\n\nDivision 1—ACRE Board\n\nDivision 2—Office holders and staff of ASI Limited\n\nPart 4—Instruments, legal proceedings and records\n\nDivision 1—The Commonwealth and the ACRE Board\n\nDivision 2—ASI Limited\n\nPart 5—Annual reports, returns etc.\n\nPart 6—Appointment of first CEO of ARENA\n\nPart 7—Other transitional matters\n\n \n\n![](image.001.png)\n\n \n\n \n\nAustralian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Act 2011\n\nNo. 152, 2011\n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters in connection with the Australian Renewable Energy Agency Act 2011, and for related purposes\n\n[Assented to 4 December 2011]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act may be cited as the Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Act 2011.\n\n2  Commencement\n\n (1) 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.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provision(s) Commencement Date/Details\n- 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 4 December 2011\n- 2. Schedule 1, Part 1 At the same time as the Australian Renewable Energy Agency Act 2011 commences. 1 July 2012\n- 3. Schedule 1, Part 2 The later of:(a) immediately after the commencement of section 3 of the Clean Energy Regulator Act 2011; and(b) immediately after the commencement of the Australian Renewable Energy Agency Act 2011.However, the provision(s) do not commence at all unless both of the events mentioned in paragraphs (a) and (b) occur.\n- 4. Schedule 2 The later of:(a) the day this Act receives the Royal Assent; and(b) the day the Australian Renewable Energy Agency Act 2011 receives the Royal Assent.However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 4 December 2011\n\n\nNote: 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.\n\n (2) 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.\n\n3  Schedule(s)\n\n  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\n\n\n\nSchedule 1—Repeal and consequential amendments\n\nPart 1—Repeal of the Australian Centre for Renewable Energy Act 2010\n\nAustralian Centre for Renewable Energy Act 2010\n\n1  The whole of the Act\n\nRepeal the Act.\n\n\n\n\nPart 2—Consequential amendments\n\nClean Energy Regulator Act 2011\n\n2  After paragraph 49(1)(u)\n\nInsert:\n\n (ua) the Australian Renewable Energy Agency;\n\n\n\n\nSchedule 2—Transitional provisions\n\nPart 1—Preliminary\n\n1  Definitions\n\n(1) In this Schedule:\n\nACRE Act means the Australian Centre for Renewable Energy Act 2010.\n\nACRE Board means the Australian Centre for Renewable Energy Board established by the ACRE Act.\n\nagreement includes a contract or deed.\n\napplication, in relation to financial assistance, includes an expression of interest or proposal.\n\nARENA has the same meaning as in the ARENA Act.\n\nARENA Act means the Australian Renewable Energy Agency Act 2011.\n\nARENA Board means the Board of ARENA.\n\nARENA’s money has the same meaning as in the ARENA Act.\n\nASI Limited means Australian Solar Institute Limited (ACN 138 300 688).\n\nASI Limited officers: see item 18.\n\nasset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\nassets official, in relation to an asset other than land, means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\nexempt matter: see item 14.\n\nfinancial assistance means a grant, or any other kind of financial assistance.\n\nfirst transition time means the commencement of the ARENA Act.\n\ninstrument:\n\n (a) includes:\n\n (i) an agreement or undertaking; and\n\n (ii) a notice, authority, order or instruction; and\n\n (iii) an instrument made under an Act or regulations; but\n\n (b) does not include:\n\n (i) an Act; or\n\n (ii) instruments made under this Act.\n\nland means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nliability means any liability, duty or obligation, whether actual, contingent or prospective.\n\nsecond transition time means:\n\n (a) the start of 1 January 2013 (unless paragraph (b) applies); or\n\n (b) if the Minister determines an earlier day under subitem (2)—the start of that earlier day.\n\nSecretary means the Secretary of the Department.\n\ntransferred ASI Limited funding agreements: see item 7.\n\ntransferred Commonwealth funding agreements: see item 2.\n\n(2) The Minister may, by legislative instrument, determine a day for the purpose of paragraph (b) of the definition of second transition time in subitem (1).\n\n\n\n\nPart 2—Transfer of assets and liabilities\n\nDivision 1—Transfer from the Commonwealth to ARENA\n\n2  The transferred Commonwealth funding agreements\n\n(1) The transferred Commonwealth funding agreements are:\n\n (a) any agreements to which the Commonwealth was a party, before the first transition time, that provide for financial assistance under or from any of the following:\n\n (i) the Solar Flagships Program;\n\n (ii) the Renewable Energy Demonstration Program;\n\n (iii) the Renewable Energy Venture Capital Fund;\n\n (iv) the Emerging Renewables Program;\n\n (v) the Geothermal Drilling Program;\n\n (vi) the Second Generation Biofuels Research and Development Program;\n\n (vii) any other programs or initiatives specified by the Minister under subitem (2); and\n\n (b) any agreements to which the Commonwealth was a party, before the first transition time, that provide for financial assistance, for solar energy projects, from the Low Emissions Technology Demonstration Fund; and\n\n (c) any other agreements to which the Commonwealth was a party, before the first transition time, that provide for financial assistance for solar energy projects known as ACRE solar projects; and\n\n (d) any other agreements to which the Commonwealth was a party, before the first transition time, that are specified by the Minister under subitem (2).\n\n(2) The Minister may, by legislative instrument:\n\n (a) specify programs or initiatives for the purpose of subparagraph (1)(a)(vii); or\n\n (b) specify agreements for the purpose of paragraph (1)(d).\n\n3  Assets and liabilities under transferred Commonwealth funding agreements: transfer to ARENA\n\n(1) At the first transition time, the assets and liabilities of the Commonwealth, under the transferred Commonwealth funding agreements, cease to be assets and liabilities of the Commonwealth and become assets and liabilities of ARENA, without any conveyance, transfer or assignment. ARENA becomes the successor in law in relation to those assets and liabilities.\n\nNote: For other provisions about the transferred Commonwealth funding agreements, see Division 1 of Part 4.\n\n(2) To avoid doubt, ARENA’s money may be applied in discharging liabilities to which subitem (1) applies.\n\n4  ARENA’s functions include administering transferred Commonwealth funding agreements\n\nFrom the first transition time, ARENA’s functions under the ARENA Act are taken to include administering the transferred Commonwealth funding agreements.\n\n5  Dealing with undecided applications\n\n(1) This item applies if:\n\n (a) an application was made before the first transition time for financial assistance under or from a program or initiative referred to in paragraph 2(1)(a); and\n\n (b) by the first transition time, the application has not either:\n\n (i) resulted in a transferred Commonwealth funding agreement being entered into; or\n\n (ii) been refused.\n\n(2) After the first transition time:\n\n (a) the Commonwealth is not required to take any action in relation to the application; and\n\n (b) ARENA may, but is not required to, treat the application as if it were an application for financial assistance under the ARENA Act.\n\n6  MOU with Geoscience Australia\n\nApplication\n\n(1) This item applies to the Memorandum of Understanding (the MOU) for the Provision of Spatial Information for Solar Resource Mapping Relating to High Solar Prospectivity Regions and Expansion of the Solar Observation Network, entered into on 18 November 2010 between:\n\n (a) the Commonwealth of Australia as represented by the Department of Resources, Energy and Tourism; and\n\n (b) the Commonwealth of Australia as represented by Geoscience Australia.\n\nEffect of MOU\n\n(2) Subject to this item, the MOU:\n\n (a) is taken to be a transferred Commonwealth funding agreement; and\n\n (b) has effect, after the first transition time, as if it were a contract, for the provision of financial assistance in accordance with the terms of the MOU, entered into between:\n\n (i) ARENA, as the provider of the assistance; and\n\n (ii) the Commonwealth, as represented by Geoscience Australia, as the receiver of the assistance.\n\nProvisions of this Schedule that don’t apply to the transferred MOU\n\n(3) The following provisions of this Schedule do not apply in relation to the MOU as it has effect because of subitem (2) (the transferred MOU):\n\n (a) item 3;\n\n (b) the provisions of Division 1 of Part 4.\n\nApplication of ARENA’s money\n\n(4) To avoid doubt, ARENA’s money may be applied in discharging liabilities under the transferred MOU.\n\nReferences in transferred MOU\n\n(5) References in the transferred MOU to the Department of Resources, Energy and Tourism (or RET) have effect as if they were references to ARENA.\n\nTransfer of custody of records or documents\n\n(6) Any of the following that are in the custody of the Commonwealth (otherwise than as represented by Geoscience Australia) are, after the first transition time, to be transferred into the custody of ARENA:\n\n (a) the MOU;\n\n (b) documents or records relating to the administration of the MOU.\n\n(7) Section 20 of the Commonwealth Authorities and Companies Act 1997 applies in relation to accounting records transferred to ARENA under subitem (6) as if the records were records of ARENA.\n\nPower to modify MOU\n\n(8) At any time before 1 August 2012, the Minister may, for the purpose of ensuring the effective operation of the transferred MOU as a contract between ARENA and the Commonwealth, determine that the transferred MOU has effect subject to specified modifications. A determination must be in writing and has effect in accordance with its terms.\n\n(9) A determination under subitem (8) is not a legislative instrument.\n\nParties may vary or terminate transferred MOU\n\n(10) This item does not, by implication, prevent ARENA and the Commonwealth from varying the transferred MOU (including as modified under subitem (8)) or terminating it.\n\nDivision 2—Transfer from ASI Limited to ARENA and the Commonwealth\n\n7  The transferred ASI Limited funding agreements\n\nThe transferred ASI Limited funding agreements are any agreements to which ASI Limited was a party, before the second transition time, that provide for financial assistance under a program or initiative administered by ASI Limited.\n\n8  Assets and liabilities under transferred ASI Limited funding agreements: transfer to ARENA\n\n(1) At the second transition time, the assets and liabilities of ASI Limited, under the transferred ASI Limited funding agreements, cease to be assets and liabilities of ASI Limited and become assets and liabilities of ARENA, without any conveyance, transfer or assignment. ARENA becomes the successor in law in relation to those assets and liabilities.\n\nNote: For other provisions about the transferred ASI Limited funding agreements, see Division 2 of Part 4.\n\n(2) To avoid doubt, ARENA’s money may be applied in discharging liabilities to which subitem (1) applies.\n\n9  ARENA’s functions include administering transferred ASI Limited funding agreements\n\nFrom the second transition time, ARENA’s functions under the ARENA Act are taken to include administering the transferred ASI Limited funding agreements.\n\n10  Other ASI Limited assets and liabilities: transfer to Commonwealth\n\nAt the second transition time, the assets and liabilities of ASI Limited, other than those to which subitem 8(1) applies, cease to be assets and liabilities of ASI Limited and become assets and liabilities of the Commonwealth, without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to those assets and liabilities.\n\n11  Dealing with undecided applications\n\n(1) This item applies if:\n\n (a) an application was made before the second transition time for financial assistance under or from a program or initiative referred to in item 7; and\n\n (b) by the second transition time, the application has not either:\n\n (i) resulted in a transferred ASI Limited funding agreement being entered into; or\n\n (ii) been refused.\n\n(2) After the second transition time:\n\n (a) neither ASI Limited nor the Commonwealth is required to take any action in relation to the application; and\n\n (b) ARENA may, but is not required to, treat the application as if it were an application for financial assistance under the ARENA Act.\n\nDivision 3—General provisions\n\n12  Certificates relating to vesting of land\n\n(1) This item applies if:\n\n (a) any land vests in the Commonwealth under this Part; and\n\n (b) there is lodged with a land registration official a certificate that:\n\n (i) is signed by the Minister; and\n\n (ii) identifies the land, whether by reference to a map or otherwise; and\n\n (iii) states that the land has become vested in the Commonwealth under this Part.\n\n(2) The land registration official may:\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (b) deal with, and give effect to, the certificate.\n\n(3) A certificate made under subitem (1) is not a legislative instrument.\n\n13  Certificates for vesting of assets other than land\n\n(1) This item applies if:\n\n (a) an asset other than land vests in the Commonwealth or ARENA under this Part; and\n\n (b) there is lodged with an assets official a certificate that:\n\n (i) is signed by the Minister; and\n\n (ii) identifies the asset; and\n\n (iii) states that the asset has become vested in the Commonwealth or ARENA under this Part.\n\n(2) The assets official may:\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\n (b) make such entries in the register in relation to assets of that kind as are necessary, having regard to the effect of this Part.\n\n(3) A certificate made under subitem (1) is not a legislative instrument.\n\n14  Exemption from stamp duty and other State or Territory taxes\n\n(1) No stamp duty or other tax is payable under a law of a State or a Territory in respect of an exempt matter, or anything connected with an exempt matter.\n\n(2) An exempt matter is:\n\n (a) the vesting of an asset or liability under this Part; or\n\n (b) the operation of this Schedule (including regulations made for the purpose of this Schedule) in any other respect.\n\n(3) The Minister may certify in writing:\n\n (a) that a specified matter is an exempt matter; or\n\n (b) that a specified thing was connected with a specified exempt matter.\n\n(4) A certificate made under subitem (3) is not a legislative instrument.\n\n15  Certificates taken to be authentic\n\nA document that appears to be a certificate made or issued under item 12, 13 or 14:\n\n (a) is taken to be such a certificate; and\n\n (b) is taken to have been properly given;\n\nunless the contrary is established.\n\n\n\n\nPart 3—Office holders and staff\n\nDivision 1—ACRE Board\n\n16  No transfer of appointment of ACRE Board members\n\nNothing in this Schedule produces the result that the appointment of a member of the ACRE Board has effect as if it were an appointment of the person in relation to ARENA.\n\nDivision 2—Office holders and staff of ASI Limited\n\n17  Termination of officer holders of ASI Limited\n\n(1) Before the second transition time, the Minister may, in writing:\n\n (a) terminate the appointment of any director of ASI Limited; and\n\n (b) terminate any agreement or other instrument relating to that appointment; and\n\n (c) make provision in relation to a termination under paragraph (a) or (b).\n\n(2) An instrument made under subitem (1) has effect accordingly, and takes effect immediately before the second transition time.\n\n(3) An instrument made under subitem (1) is not a legislative instrument.\n\n18  No transfer of appointment, engagement or employment of ASI Limited office holders or staff\n\n(1) Nothing in this Schedule produces the result that the appointment, engagement or employment of an ASI Limited officer has effect as if it were an appointment, engagement or employment of the person in relation to ARENA or the Commonwealth.\n\nNote: Determinations under section 72 of the Public Service Act 1999 may provide for employees of ASI Limited to become engaged as APS employees in a specified Agency.\n\n(2) The following are ASI Limited officers:\n\n (a) directors of ASI Limited;\n\n (b) employees of ASI Limited.\n\n(3) To avoid doubt, if a person ceases to be an employee of ASI Limited (and becomes an APS employee) because of a determination under section 72 of the Public Service Act 1999, the person is not entitled to receive any payment or other benefit merely because he or she ceased to be an employee of ASI Limited.\n\n19  Accrued entitlements etc. of ASI Limited employees who become APS employees\n\nPersons to whom this item applies\n\n(1) This item applies to a person if:\n\n (a) immediately before the second transition time, the person was an employee of ASI Limited; and\n\n (b) because of a determination under section 72 of the Public Service Act 1999, the person becomes an APS employee at the second transition time.\n\nPreservation of accrued entitlements\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with becoming an APS employee, that is equivalent to the entitlement that the person had as an employee of ASI Limited immediately before the second transition time.\n\nContinuity of service\n\n(3) The service of the person as an APS employee is taken, for all purposes, to be continuous with his or her service as an employee of ASI Limited.\n\nLong service leave\n\n(4) For the purposes of the Long Service Leave (Commonwealth Employees) Act 1976, the person’s service before the second transition time as an employee of ASI Limited is to be treated, at and after that time, as if it had been service by the person as an APS employee.\n\nMaternity leave\n\n(5) For the purposes of the Maternity Leave (Commonwealth Employees) Act 1973, the person’s service before the second transition time as an employee of ASI Limited is to be treated, at and after that time, as if it had been service by the person as an APS employee.  \n\n\nPart 4—Instruments, legal proceedings and records\n\nDivision 1—The Commonwealth and the ACRE Board\n\n20  References in instruments to the Commonwealth or the ACRE Board\n\n(1) This item applies to an instrument that:\n\n (a) is in force immediately before the first transition time; and\n\n (b) contains a reference to the Commonwealth or the ACRE Board.\n\n(2) If the instrument:\n\n (a) is a transferred Commonwealth funding agreement; or\n\n (b) otherwise relates to an asset or liability that, as a result of the operation of item 3, becomes an asset or liability of ARENA;\n\nthen the reference to the Commonwealth or the ACRE Board has effect, at and after the first transition time, as if it were a reference to ARENA.\n\n(3) If the instrument contains a reference to the ACRE Board and subitem (2) does not apply, then the reference to the ACRE Board has effect, at and after the first transition time, as if it were a reference to the Commonwealth.\n\n(4) This item does not, by implication, prevent the instrument from being varied or terminated after the first transition time.\n\n21  Legal proceedings of the Commonwealth or the ACRE Board\n\n(1) This item applies to any proceedings:\n\n (a) that were pending in any court or tribunal immediately before the first transition time; and\n\n (b) to which the Commonwealth or the ACRE Board was a party.\n\n(2) If the proceedings relate to:\n\n (a) a transferred Commonwealth funding agreement; or\n\n (b) an asset or liability that, as a result of the operation of item 3, becomes an asset or liability of ARENA;\n\nthen ARENA is, at and after the first transition time, taken to be substituted for the Commonwealth or the ACRE Board as a party to the proceedings.\n\n(3) If the ACRE Board is a party to the proceedings and subitem (2) does not apply, then the Commonwealth is, at and after the first transition time, taken to be substituted for the ACRE Board as a party to the proceedings.\n\n22  Transfer of custody of records or documents of the Commonwealth or the ACRE Board\n\n(1) This item applies to a record or document that, immediately before the first transition time, was in the custody of the Commonwealth or the ACRE Board.\n\n(2) If the record or document:\n\n (a) is a transferred Commonwealth funding agreement; or\n\n (b) otherwise relates to an asset or liability that, as a result of the operation of item 3, becomes an asset or liability of ARENA;\n\nthen, after the first transition time, the record or document is to be transferred into the custody of ARENA.\n\n(3) If the record or document was in the custody of the ACRE Board and subitem (2) does not apply, then, after the first transition time, the record or document is to be transferred into the custody of the Commonwealth.\n\n(4) Section 20 of the Commonwealth Authorities and Companies Act 1997 applies in relation to accounting records transferred to ARENA under this item as if the records were records of ARENA.\n\nDivision 2—ASI Limited\n\n23  References in instruments to ASI Limited\n\n(1) This item applies to an instrument that:\n\n (a) is in force immediately before the second transition time; and\n\n (b) contains a reference to ASI Limited.\n\n(2) If the instrument:\n\n (a) is a transferred ASI Limited funding agreement; or\n\n (b) otherwise relates to an asset or liability that, as a result of the operation of item 8, becomes an asset or liability of ARENA;\n\nthen the reference to ASI Limited has effect, at and after the second transition time, as if it were a reference to ARENA.\n\n(3) If subitem (2) does not apply to the instrument, then the reference to ASI Limited has effect, at and after the second transition time, as if it were a reference to the Commonwealth.\n\n(4) This item does not, by implication, prevent the instrument from being varied or terminated after the second transition time.\n\n24  Legal proceedings of ASI Limited\n\n(1) This item applies to any proceedings:\n\n (a) that were pending in any court or tribunal immediately before the second transition time; and\n\n (b) to which ASI Limited was a party.\n\n(2) If the proceedings relate to:\n\n (a) a transferred ASI Limited funding agreement; or\n\n (b) an asset or liability that, as a result of the operation of item 8, becomes an asset or liability of ARENA;\n\nthen ARENA is, at and after the second transition time, taken to be substituted for ASI Limited as a party to the proceedings.\n\n(3) If subitem (2) does not apply to the proceedings, then the Commonwealth is, at and after the second transition time, taken to be substituted for ASI Limited as a party to the proceedings.\n\n25  Transfer of custody of records or documents of ASI Limited\n\n(1) This item applies to a record or document that, immediately before the second transition time, was in the custody of ASI Limited.\n\n(2) If the record or document:\n\n (a) is a transferred ASI Limited funding agreement; or\n\n (b) otherwise relates to an asset or liability that, as a result of the operation of item 8, becomes an asset of ARENA;\n\nthen, after the second transition time, the record or document is to be transferred into the custody of ARENA.\n\n(3) If subitem (2) does not apply to the record or document, then, after the second transition time, the record or document is to be transferred into the custody of the Commonwealth.\n\n(4) Section 20 of the Commonwealth Authorities and Companies Act 1997 applies in relation to accounting records transferred to ARENA under this item as if the records were records of ARENA.\n\n\n\n\nPart 5—Annual reports, returns etc.\n\n26  Final annual report on ACRE Board\n\n(1) As soon as practicable after the first transition time, the ARENA Board must prepare, and give to the Minister, a report on the operations of the ACRE Board during the financial year that ended on 30 June 2012.\n\n(2) The report must include details of any written directions given to the ACRE Board by the Minister under subsection 6(1) of the ACRE Act during the year.\n\n(3) The report is taken to be a periodic report for the purpose of section 34C of the Acts Interpretation Act 1901.\n\n(4) The Secretary must provide reasonable assistance to the ARENA Board for the purpose of preparing the report. This may, for example, include allowing the ARENA Board appropriate access to records, documents or information relating to the activities of the ACRE Board.\n\n27  Reports, returns etc. of ASI Limited\n\n(1) This item applies to a report, return or other document if, at a time (the relevant time) that is immediately before the second transition time, or that is, or is after, the second transition time:\n\n (a) ASI Limited is required, by or under a law of the Commonwealth, to prepare or lodge the report, return or document; or\n\n (b) any of the following persons is required, by or under a law of the Commonwealth, to prepare or lodge the report, return or document in relation to ASI Limited:\n\n (i) a director or former director of ASI Limited;\n\n (ii) any other officer or member of the staff, or former officer or member of the staff, of ASI Limited.\n\n(2) The ARENA Board, is instead required, at the relevant time, to prepare or lodge the report, return or document.\n\n(3) The Secretary must provide reasonable assistance to the ARENA Board for the purpose of preparing the report, return or document. This may, for example, include allowing the ARENA Board appropriate access to records, documents or information relating to the activities of ASI Limited.\n\n28  ARENA’s annual report to include particulars of assistance provided under transferred funding agreements\n\nIn addition to the particulars required by section 70 of the ARENA Act, an annual report referred to in that section must also include, for each person to whom financial assistance has been provided under a transferred Commonwealth funding agreement, or a transferred ASI Limited funding agreement, during the financial year covered by the report:\n\n (a) the name of the person; and\n\n (b) the nature and amount of the financial assistance provided; and\n\n (c) the renewable energy technology or technologies to which the assistance relates (if the assistance relates to one or more particular renewable energy technologies).\n\n\n\n\nPart 6—Appointment of first CEO of ARENA\n\n29  Appointment of first CEO of ARENA\n\n(1) This item applies if, before the first transition time:\n\n (a) the Minister appoints persons to be members of the ARENA Board pursuant to section 4 of the Acts Interpretation Act 1901; and\n\n (b) a majority of the following persons make a recommendation to the Minister that a particular person (the recommended candidate) be appointed as the Chief Executive Officer of ARENA:\n\n (i) the persons appointed as mentioned in paragraph (a);\n\n (ii) the Secretary.\n\n(2) The Minister may, before the first transition time, appoint the recommended candidate as the Chief Executive Officer of ARENA, as if:\n\n (a) section 52 of the ARENA Act had commenced; and\n\n (b) the recommendation were a recommendation by the ARENA Board.\n\n(3) The Minister may also, before the first transition time, make a determination of terms and conditions in relation to the appointment as if section 60 of the ARENA Act had commenced.\n\n(4) The appointment, and any such determination of terms and conditions, take effect at the first transition time.\n\n\n\n\nPart 7—Other transitional matters\n\n30  Director’s obligations—ASI Limited’s books\n\nSubsection 601AD(5) of the Corporations Act 2001 has effect in relation to ASI Limited’s books (within the meaning of that Act), after the second transition time, as if the reference in that subsection to the directors of the company immediately before deregistration were:\n\n (a) a reference to ARENA, to the extent that the books are records or documents that are transferred into ARENA’s custody under item 25; and\n\n (b) a reference to the Commonwealth, to the extent that the books are records or documents that are transferred into the Commonwealth’s custody under that item.\n\n31  Compensation for acquisition of property\n\n(1) If the operation of this Schedule would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n(3) In this item:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\n32  Delegation by Minister\n\n(1) Subject to subitem (2), the Minister may, in writing, delegate all or any of his or her powers and functions under this Schedule to:\n\n (a) the Secretary of the Department; or\n\n (b) an SES employee, or acting SES employee, in the Department.\n\n(2) The Minister cannot delegate his or her powers and functions under any of the following provisions of this Schedule:\n\n (a) subitem 1(2);\n\n (b) subitem 2(2);\n\n (c) subitem 17(1);\n\n (d) subitems 29(2) and (3).\n\n(3) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n33  Delegation by ARENA and ARENA Board\n\n(1) Any functions or powers that ARENA has because of this Schedule may be delegated, or subdelegated, under the ARENA Act as if they were powers or functions of ARENA under that Act.\n\n(2) Any functions or powers that the ARENA Board has because of this Schedule may be delegated, or subdelegated, under the ARENA Act as if they were powers or functions of the ARENA Board under that Act.\n\n34  Regulations\n\n(1) The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Schedule to be prescribed; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.\n\n(2) The regulations may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:\n\n (a) the amendments or repeals made by this Act; or\n\n (b) the enactment of this Act or the Australian Renewable Energy Agency Act 2011.\n\n(3) The regulations may provide that provisions of this Schedule are taken to be modified as set out in the regulations. Those provisions then have effect as if they were so modified.\n\n(4) Subitems (2) and (3) do not limit subitem (1).\n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 12 October 2011\n\nSenate on 2 November 2011]\n\n(215/11)\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act alters the scope of Commonwealth renewable-energy administration by repealing the ACRE Act (Schedule 1, Part 1), transferring specified Commonwealth and ASI Limited funding agreements, assets and liabilities to ARENA (items 2–4, 7–10), and moving other ASI Limited assets to the Commonwealth (item 10). It adds transitional arrangements for staff, records, legal proceedings, reporting and taxation exemptions (items 12–19, 20–28, 14) and creates delegation and modification powers to implement the transfers (items 32–34)."},"complexity_factors":["Multiple vesting mechanisms that transfer assets and liabilities without conveyance or assignment (items 3, 8, 10)","Two distinct transition times (first and second) with ministerial power to vary the second transition time (item 1(1)–(2))","Ministerial discretion to specify additional programs or agreements to be transferred by legislative instrument (item 2(2))","Differing outcomes for instruments and proceedings depending on whether they are \"transferred\" (items 20–25) requiring substitution in court records and contracts","Certificates for vesting and tax exemptions that are not legislative instruments, creating administrative reliance on ministerial certification (items 12–15)","Staff and office-holder rules that do not automatically transfer appointments, but preserve accrued entitlements for employees who become APS staff under section 72 determinations (items 16–19)","Detailed reporting and record-transfer obligations, including final reports and expanded annual-report disclosure (items 26–28)","Constitutional compensation mechanism for any acquisition of property not on just terms (item 31)","Multiple cross-references to other Commonwealth statutes (ARENA Act, Clean Energy Regulator Act, Corporations Act, Public Service Act) increasing interpretive interdependence"],"plain_english_summary":"This Act repeals the Australian Centre for Renewable Energy Act 2010 and shifts specified funding agreements, assets and liabilities from the Commonwealth and ASI Limited into the Australian Renewable Energy Agency (ARENA). It establishes two transition times, preserves certain staff entitlements if they move into the Australian Public Service, substitutes ARENA or the Commonwealth into existing legal proceedings, and exempts those transfers from State/Territory stamp duties (items 3, 8, 17–19, 21–25, 14, 26, 31). It matters because it changes who pays for and administers existing renewable energy funding and sets reporting, compensation and delegation rules."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the transition from the Australian Centre for Renewable Energy and ASI Limited to ARENA. It does not expand beyond consequential and transitional matters connected to the establishment of ARENA."},"complexity_factors":["Two separate 'transition times' (first and second) with different triggers and effects, creating a bifurcated implementation timeline","Complex asset/liability transfer mechanics with automatic vesting 'without any conveyance, transfer or assignment' requiring detailed successor-in-law provisions","Multiple source bodies being consolidated: ACRE Board, ASI Limited, and various Commonwealth programs (Solar Flagships, Renewable Energy Demonstration Program, etc.)","Conditional instrument modification rules that vary based on whether instruments relate to transferred funding agreements or other assets/liabilities","Special treatment for the Geoscience Australia MOU which is treated as a funding agreement but exempted from normal transfer provisions","Nested definitions including 15 defined terms in the interpretation section, some cross-referencing the ARENA Act","Preservation of employment entitlements requiring interaction with the Public Service Act 1999, Long Service Leave Act 1976, and Maternity Leave Act 1973","Ministerial determination powers with legislative instrument status mixed with non-legislative instrument certificates","Delegation provisions with specific exclusions (4 provisions cannot be delegated)"],"plain_english_summary":"This legislation is the 'clean-up crew' for creating ARENA (the Australian Renewable Energy Agency). It doesn't create ARENA itself—that's done by a separate Act—but it handles all the messy administrative work of shutting down old bodies and moving their stuff across.\n\n**What it actually does:**\n\n- **Kills off the old Australian Centre for Renewable Energy (ACRE)** – repeals the 2010 Act that created it.\n- **Moves money and contracts** – takes existing funding agreements for solar and renewable energy programs (like the Solar Flagships Program and Renewable Energy Demonstration Program) that were run by the Commonwealth and shifts them to ARENA.\n- **Absorbs the Australian Solar Institute (ASI Limited)** – transfers ASI Limited's funding agreements, assets and liabilities to ARENA, and moves everything else ASI Limited owned to the Commonwealth.\n- **Handles the people problem** – makes clear that staff of the old bodies don't automatically become ARENA staff, but protects their accrued leave entitlements if they move to the public service.\n- **Fixes paperwork** – updates legal documents, court cases and records so they refer to ARENA instead of the old bodies.\n- **Lets the Minister appoint ARENA's first CEO early** – allows the appointment to happen before ARENA officially starts operating.\n\n**Who it affects:**\n- Companies that had funding deals with the old renewable energy programs\n- Staff of ASI Limited and the ACRE Board\n- ARENA itself, which takes over the legal responsibilities\n\n**Why it matters:**\nWithout this Act, ARENA would start with no money, no contracts, no staff history and a legal mess. This ensures continuity—projects keep running, legal obligations transfer smoothly, and people don't lose their accrued benefits."}},"importantCases":[],"_links":{"self":"/api/acts/australian-renewable-energy-agency-consequential-amendments-and-transitional-provisions-act-2011","history":"/api/acts/australian-renewable-energy-agency-consequential-amendments-and-transitional-provisions-act-2011/history","analysis":"/api/acts/australian-renewable-energy-agency-consequential-amendments-and-transitional-provisions-act-2011/analysis","conflicts":"/api/acts/australian-renewable-energy-agency-consequential-amendments-and-transitional-provisions-act-2011/conflicts","importantCases":"/api/acts/australian-renewable-energy-agency-consequential-amendments-and-transitional-provisions-act-2011/important-cases","documents":"/api/acts/australian-renewable-energy-agency-consequential-amendments-and-transitional-provisions-act-2011/documents"}}