{"id":"C2024A00082","name":"Net Zero Economy Authority (Transitional Provisions) Act 2024","slug":"net-zero-economy-authority-transitional-provisions-act-2024","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"82 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436405,"registerId":"C2024A00082-fast-fetch-1775953610452","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Net Zero Economy Authority (Transitional Provisions) Act 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nNet Zero Economy Authority (Transitional Provisions) Act 2024\n\nNo. 82, 2024\n\n \n\n \n\n \n\n \n\n \n\nAn Act to deal with transitional matters arising from the enactment of the Net Zero Economy Authority Act 2024, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedules\n\nSchedule 1—Application, saving and transitional provisions\n\nPart 1—Preliminary\n\nPart 2—Application and transitional provisions\n\nPart 3—Transitional rules\n\n \n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nNet Zero Economy Authority (Transitional Provisions) Act 2024\n\nNo. 82, 2024\n\n \n\n \n\n \n\nAn Act to deal with transitional matters arising from the enactment of the Net Zero Economy Authority Act 2024, and for related purposes\n\n[Assented to 5 September 2024]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the Net Zero Economy Authority (Transitional Provisions) Act 2024.\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- Provisions Commencement Date/Details\n- 1. The whole of this Act At the same time as the Net Zero Economy Authority Act 2024 commences.However, the provisions do not commence at all if that Act does not commence. 11 December 2024\n\n\nNote: This table relates only to the provisions of this Act as originally enacted.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  Schedules\n\n  Legislation 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\nSchedule 1—Application, saving and transitional provisions\n\nPart 1—Preliminary\n\n1  Definitions\n\n(1) In this Schedule:\n\ncommencement day means the day this Act commences.\n\nDepartment of the Prime Minister and Cabinet Enterprise Agreement means the Department of the Prime Minister and Cabinet Enterprise Agreement 2024–2027 approved under the Fair Work Act 2009 on 24 January 2024, as in force immediately before the commencement day.\n\nnon‑SES employee has the same meaning as in the Public Service Act 1999.\n\n(2) Expressions used in this Schedule that are defined for the purposes of the Net Zero Economy Authority Act 2024 have the same meaning as in that Act.\n\nPart 2—Application and transitional provisions\n\n2  Energy industry jobs plan\n\n(1) Subsections 9(1) and (2) of the Net Zero Economy Authority Act 2024 apply in relation to a notice given before, on or after the commencement day.\n\n(2) In relation to a notice covered by subsection 9(1) or (2) of the Net Zero Economy Authority Act 2024 that was given before the commencement day, paragraph 56(2)(b) of that Act applies in relation to the making of any application under section 56 of that Act.\n\n3  Appointment of first CEO\n\nParagraph 42(1)(b) of the Net Zero Economy Authority Act 2024 does not apply in relation to the first appointment made under subsection 42(1) of that Act.\n\nNote: The effect of this item is that the Minister may appoint the first CEO without a recommendation of the Board.\n\n4  Meetings of the Board\n\nParagraph 31(2)(b) of the Net Zero Economy Authority Act 2024 does not apply in relation to the calendar year in which that Act commences.\n\nNote: The effect of this item is that the Board is not required to convene 6 meetings in the first calendar year in which that Act commences.\n\n5  Transfer of documents to the Authority\n\n(1) This item applies to any documents that were, immediately before the commencement day, in the possession of the body that was known as the Net Zero Economy Agency that was established as an Executive Agency under section 65 of the Public Service Act 1999.\n\n(2) The documents are to be transferred to the Net Zero Economy Authority on or after the commencement day.\n\nNote: Any documents transferred are Commonwealth records for the purposes of the Archives Act 1983.\n\n6  Enterprise Agreement\n\n(1) The Department of the Prime Minister and Cabinet Enterprise Agreement:\n\n (a) continues, on and from the commencement day, to cover and apply to APS employees:\n\n (i) who it covered and applied to immediately before the commencement day; and\n\n (ii) who, on the commencement day, are APS employees in the Authority; and\n\n (b) covers and applies to APS employees in the Authority at the classification levels covered by the Department of the Prime Minister and Cabinet Enterprise Agreement whose employment in the Authority commences on or after the commencement day.\n\n(2) On and after the commencement day, the Department of the Prime Minister and Cabinet Enterprise Agreement covers and applies to the CEO as the Agency Head of the APS employees in the Authority.\n\n(3) This item does not prevent the variation or termination of the Department of the Prime Minister and Cabinet Enterprise Agreement in accordance with law.\n\n(4) This item does not prevent the terms and conditions of employment of APS employees in the Authority from being varied on or after the commencement day:\n\n (a) in accordance with those terms and conditions; or\n\n (b) by or under a law.\n\n(5) This item does not affect the operation of section 58 of the Fair Work Act 2009.\n\nNote: Section 58 of that Act deals with the interaction between one or more enterprise agreements.\n\n7  References in Enterprise Agreement\n\n(1) On and from the commencement day, the Department of the Prime Minister and Cabinet Enterprise Agreement has effect in relation to the Authority as if:\n\n (a) a reference to the Secretary of the Department of the Prime Minister and Cabinet were a reference to the CEO of the Net Zero Economy Authority; and\n\n (b) a reference to the Department of the Prime Minister and Cabinet were a reference to the Net Zero Economy Authority.\n\n(2) To avoid doubt, this item does not prevent the Department of the Prime Minister and Cabinet Enterprise Agreement from being amended or repealed after the transition time.\n\nPart 3—Transitional rules\n\n8  Transitional rules\n\n(1) The Minister may, by legislative instrument, make rules prescribing matters:\n\n (a) required or permitted by this Act to be prescribed by the rules; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n(2) Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:\n\n (a) the application of the Department of the Prime Minister and Cabinet Enterprise Agreement to APS employees in the Authority; or\n\n (b) the enactment of the Net Zero Economy Authority Act 2024.\n\n(3) To avoid doubt, the rules may not do the following:\n\n (a) create an offence or civil penalty;\n\n (b) provide powers of:\n\n (i) arrest or detention; or\n\n (ii) entry, search or seizure;\n\n (c) impose a tax;\n\n (d) set an amount to be appropriated from the Consolidated Revenue Fund;\n\n (e) directly amend the text of this Act or the Net Zero Economy Authority Act 2024.\n\n(4) This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitem (1).\n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 27 March 2024\n\nSenate on 24 June 2024]\n\n(44/24)\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This legislation remains tightly focused on its original purpose of managing the transition from the temporary Net Zero Economy Agency to the permanent Net Zero Economy Authority. The provisions cover exactly what would be expected in a transitional statute: continuity of legal proceedings, transfer of staff and documents, initial governance arrangements, and a regulation-making power limited to transitional matters. There is no scope creep beyond the immediate practical necessities of the restructure."},"complexity_factors":["Short length (only 8 operative items across 3 Parts)","Minimal defined terms (only 3 specific definitions in section 1, plus borrowed definitions from the main Act)","Straightforward conditional logic limited to commencement timing and coverage conditions for the enterprise agreement","No nested exceptions or complex cross-referencing beyond simple references to the main Net Zero Economy Authority Act 2024","Single-purpose transitional instrument with clear, discrete provisions rather than ongoing regulatory scheme"],"plain_english_summary":"This legislation smooths the transition from the temporary **Net Zero Economy Agency** (which was a short-term executive agency) to the permanent **Net Zero Economy Authority** (a new statutory body).\n\n**What it does:**\n- **Handles unfinished business**: Ensures that notices about energy industry jobs plans given before the new Authority starts operating remain valid and can still be acted upon.\n- **Gets the new body running**: Allows the first CEO to be appointed directly by the Minister without needing a Board recommendation first, and gives the Board a break from meeting six times in its first year.\n- **Moves the paperwork**: Transfers all documents from the old Agency to the new Authority.\n- **Protects workers' rights**: Ensures that staff who were employed under the Department of the Prime Minister and Cabinet's enterprise agreement (a workplace contract) keep their pay and conditions when they move to the new Authority. It also updates references in that agreement so they point to the new Authority and its CEO instead of the old department.\n- **Provides flexibility**: Gives the Minister power to make additional transitional rules to deal with any other practical issues that arise during the switchover, though these rules can't create crimes, impose taxes, or change the main legislation directly.\n\n**Who it affects:**\n- Employees transferring from the old Net Zero Economy Agency to the new Authority\n- The first CEO and Board members of the new Authority\n- Companies and workers who had already received notices about energy industry jobs plans under the old arrangements\n\n**Why it matters:**\nWithout this legislation, there would be legal uncertainty about whether decisions made by the old Agency still count, whether transferred staff keep their employment conditions, and whether the new Authority could function properly from day one. This Act ensures continuity of operations and protects workers during the restructure."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act is narrowly focused on transitional arrangements necessary to bring the Net Zero Economy Authority into operation. It preserves prior notices, provides for transfer of records, maintains continuity of an existing enterprise agreement for transferred APS staff (with reference mapping), allows the Minister to appoint the first CEO without a Board recommendation, and permits transitional legislative instruments subject to explicit limits. Those measures implement and smooth the launch of the Authority and do not expand the substantive regulatory or operational scope of the parent Act beyond implementation tasks."},"complexity_factors":["Short statute with one Schedule split into three small Parts (Preliminary; Application and transitional provisions; Transitional rules)","Only 3 new defined expressions in the Schedule (commencement day; Department of the Prime Minister and Cabinet Enterprise Agreement; non‑SES employee) plus cross‑use of definitions from the Net Zero Economy Authority Act 2024 (Schedule 1, item 1)","Multiple cross‑references to the Net Zero Economy Authority Act 2024 (ss 9, 31, 42, 56) and to other Acts (Public Service Act 1999; Archives Act 1983; Fair Work Act 2009), but these are straightforward transitional links rather than complex substantive amendments","A single delegated‑legislation power (Minister may make transitional rules) with a short list of carve‑outs (cannot create offences, impose tax, appropriate funds, amend Acts, or grant arrest/search powers) (Schedule 1, item 8)","A few specific, discrete transitional exceptions (first CEO appointment exemption; waiver of meeting frequency in first year; transfer of documents; enterprise agreement application and reference mapping) rather than nested exceptions","Clear commencement linkage (whole Act commences with the parent Act) but with the ordinary conditionality that it only has effect if the parent Act commences"],"plain_english_summary":"This short transitional Act kicks in only when the Net Zero Economy Authority Act 2024 commences and tidies administrative, staffing and records issues so the new Authority can start without legal gaps. It preserves pre‑commencement notices, transfers Agency records to the Authority, keeps covered APS staff under the Department of the Prime Minister and Cabinet Enterprise Agreement (read as applying to the Authority/CEO), waives the Board’s six‑meeting rule in year one, and lets the Minister appoint the inaugural CEO without a Board recommendation.\n\nIt also gives the Minister limited transitional rule‑making power, subject to explicit prohibitions (no offences, taxation, appropriations or amendments of the Acts)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/net-zero-economy-authority-transitional-provisions-act-2024","history":"/api/acts/net-zero-economy-authority-transitional-provisions-act-2024/history","analysis":"/api/acts/net-zero-economy-authority-transitional-provisions-act-2024/analysis","conflicts":"/api/acts/net-zero-economy-authority-transitional-provisions-act-2024/conflicts","importantCases":"/api/acts/net-zero-economy-authority-transitional-provisions-act-2024/important-cases","documents":"/api/acts/net-zero-economy-authority-transitional-provisions-act-2024/documents"}}