2010-2011

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES




Presented and read a first time









Clean Energy Regulator Bill 2011

No. , 2011

(Climate Change and Energy Efficiency)



A Bill for an Act to establish the Clean Energy
Regulator, and for other purposes





i Clean Energy Regulator Bill 2011 No. , 2011
Contents
Part 1-Preliminary 1
1 Short title ........................................................................................... 1
2 Commencement ................................................................................. 1
3 Simplified outline .............................................................................. 2
4 Definitions ......................................................................................... 3
5 Vacancy in the office of a member of the Regulator ......................... 6
6 Crown to be bound ............................................................................ 6
7 Extension to external Territories ....................................................... 7
8 Extension to exclusive economic zone and continental shelf ............ 7
9 Extension to Joint Petroleum Development Area .............................. 7
10 Application to foreign ships .............................................................. 7
Part 2-Clean Energy Regulator 8
Division 1-Regulator`s establishment, functions, powers and
liabilities 8
11 Clean Energy Regulator..................................................................... 8
12 Functions of the Regulator ................................................................ 8
13 Powers of the Regulator .................................................................... 8
14 Regulator`s liabilities are Commonwealth liabilities ......................... 9
15 Regulator has privileges and immunities of the Crown ..................... 9
Division 2-Constitution and membership of the Regulator 10
16 Constitution of the Regulator........................................................... 10
17 Membership of the Regulator .......................................................... 10
18 Appointment of members of the Regulator ..................................... 10
19 Period of appointment for members of the Regulator ...................... 11
20 Acting members of the Regulator .................................................... 11
Division 3-Terms and conditions for members of the Regulator 13
21 Remuneration .................................................................................. 13
22 Disclosure of interests to the Minister ............................................. 13
23 Disclosure of interests to the Regulator ........................................... 13
24 Outside employment ........................................................................ 14
25 Leave of absence ............................................................................. 14
26 Resignation ...................................................................................... 15
27 Termination of appointment ............................................................ 15
28 Other terms and conditions .............................................................. 15
Division 4-Decision-making by the Regulator 16
29 Holding of meetings ........................................................................ 16
30 Presiding at meetings ....................................................................... 16


Clean Energy Regulator Bill 2011 No. , 2011 ii
31 Quorum............................................................................................ 16
32 Voting at meetings etc. .................................................................... 16
33 Conduct of meetings ........................................................................ 16
34 Minutes ............................................................................................ 17
Division 5-Delegation 18
35 Delegation by the Regulator ............................................................ 18
Division 6-Staff of the Regulator etc. 19
36 Staff ................................................................................................. 19
37 Persons assisting the Regulator ....................................................... 19
38 Consultants ...................................................................................... 19
Division 7-Planning and reporting obligations 20
39 Corporate plan ................................................................................. 20
40 Annual report ................................................................................... 20
Division 8-Other matters 22
41 Minister may give directions to the Regulator ................................. 22
42 Chair of the Regulator not subject to direction by the
Regulator on certain matters ............................................................ 22
Part 3-Secrecy 23
43 Secrecy ............................................................................................ 23
44 Disclosure or use for the purposes of a climate change law
etc. ................................................................................................... 24
45 Disclosure to Ministers etc. ............................................................. 24
46 Disclosure to Secretaries etc. ........................................................... 24
47 Disclosure or use for purposes of development of
methodology determinations etc. ..................................................... 25
48 Disclosure to a Royal Commission .................................................. 26
49 Disclosure to certain agencies, bodies and persons ......................... 27
50 Disclosure to certain financial bodies .............................................. 29
51 Disclosure with consent ................................................................... 31
52 Disclosure to reduce threat to life or health ..................................... 31
53 Disclosure of publicly available information ................................... 32
54 Disclosure of summaries or statistics ............................................... 32
55 Disclosure for purposes of law enforcement.................................... 32
56 Delegation ....................................................................................... 34
Part 4-Miscellaneous 35
57 Regulations ...................................................................................... 35



Clean Energy Regulator Bill 2011 No. , 2011 1
A Bill for an Act to establish the Clean Energy 1
Regulator, and for other purposes 2
The Parliament of Australia enacts: 3
Part 1-Preliminary 4
5
1 Short title 6
This Act may be cited as the Clean Energy Regulator Act 2011. 7
2 Commencement 8
(1) Each provision of this Act specified in column 1 of the table 9
commences, or is taken to have commenced, in accordance with 10

Part 1 Preliminary


Section 3

2 Clean Energy Regulator Bill 2011 No. , 2011
column 2 of the table. Any other statement in column 2 has effect 1
according to its terms. 2
3
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.
2. Sections 3 to
57
At the same time as section 3 of the Clean
Energy Act 2011 commences.

Note: This table relates only to the provisions of this Act as originally 4
enacted. It will not be amended to deal with any later amendments of 5
this Act. 6
(2) Any information in column 3 of the table is not part of this Act. 7
Information may be inserted in this column, or information in it 8
may be edited, in any published version of this Act. 9
3 Simplified outline 10
The following is a simplified outline of this Act: 11
This Act establishes the Clean Energy Regulator. 12
The Regulator has such functions as are conferred on it by or 13
under: 14
(a) the Clean Energy Act 2011; and 15
(b) the Carbon Credits (Carbon Farming Initiative) 16
Act 2011; and 17
(c) the National Greenhouse and Energy Reporting 18
Act 2007; and 19
(d) the Renewable Energy (Electricity) Act 2000; and 20

Preliminary Part 1


Section 4

Clean Energy Regulator Bill 2011 No. , 2011 3
(e) the Australian National Registry of Emissions 1
Units Act 2011. 2
4 Definitions 3
In this Act: 4
Australian police force means: 5
(a) the Australian Federal Police; or 6
(b) a police force or police service of a State or Territory. 7
climate change law means any of the following: 8
(a) this Act or legislative instruments under this Act; 9
(b) the Clean Energy Act 2011 or legislative instruments under 10
that Act; 11
(c) the Clean Energy (ChargesExcise) Act 2011 or legislative 12
instruments under that Act; 13
(d) the Clean Energy (ChargesCustoms) Act 2011 or 14
legislative instruments under that Act; 15
(e) the Clean Energy (Unit Issue ChargeAuctions) Act 2011 or 16
legislative instruments under that Act; and 17
(f) the Clean Energy (Unit Issue ChargeFixed Charge) Act 18
2011; and 19
(g) the Clean Energy (Unit Shortfall ChargeGeneral) Act 2011 20
or legislative instruments under that Act; and 21
(h) the Clean Energy (International Unit Surrender Charge) Act 22
2011 or legislative instruments under that Act; and 23
(i) the Carbon Credits (Carbon Farming Initiative) Act 2011 or 24
legislative instruments under that Act; 25
(j) the National Greenhouse and Energy Reporting Act 2007 or 26
legislative instruments under that Act; 27
(k) the Renewable Energy (Electricity) Act 2000 or legislative 28
instruments under that Act; 29
(l) the Renewable Energy (Electricity) (Large-scale Generation 30
Shortfall Charge) Act 2000; 31
(m) the Renewable Energy (Electricity) (Small -scale Technology 32
Shortfall Charge) Act 2010; 33

Part 1 Preliminary


Section 4

4 Clean Energy Regulator Bill 2011 No. , 2011
(n) the Australian National Registry of Emissions Units Act 2011 1
or legislative instruments under that Act. 2
engage in conduct means: 3
(a) do an act; or 4
(b) omit to perform an act. 5
foreign country includes a region where: 6
(a) the region is a colony, territory or protectorate of a foreign 7
country; or 8
(b) the region is part of a foreign country; or 9
(c) the region is under the protection of a foreign country; or 10
(d) a foreign country exercises jurisdiction or control over the 11
region; or 12
(e) a Ioreign country is responsible Ior the region`s international 13
relations. 14
international agreement has the same meaning as in the Clean 15
Energy Act 2011. 16
international climate change agreement has the same meaning as 17
in the Clean Energy Act 2011. 18
international climate change body means: 19
(a) a body established under an international climate change 20
agreement; or 21
(b) a body established by a body mentioned in paragraph (a). 22
Joint Petroleum Development Area has the same meaning as in 23
the Petroleum (Timor Sea Treaty) Act 2003. 24
member of the Regulator includes the Chair of the Regulator. 25
methodology determination has the same meaning as in the 26
Carbon Credits (Carbon Farming Initiative) Act 2011. 27
objectives of the Regulator includes: 28
(a) the specific objectives of the Regulator in relation to the 29
Clean Energy Act 2011 or legislative instruments under that 30
Act; and 31

Preliminary Part 1


Section 4

Clean Energy Regulator Bill 2011 No. , 2011 5
(b) the specific objectives of the Regulator in relation to the 1
Carbon Credits (Carbon Farming Initiative) Act 2011 or 2
legislative instruments under that Act; and 3
(c) the specific objectives of the Regulator in relation to the 4
National Greenhouse and Energy Reporting Act 2007 or 5
legislative instruments under that Act; and 6
(d) the specific objectives of the Regulator in relation to the 7
Renewable Energy (Electricity) Act 2000 or legislative 8
instruments under that Act; and 9
(e) the specific objectives of the Regulator in relation to the 10
Australian National Registry of Emissions Units Act 2011 or 11
legislative instruments under that Act. 12
official of the Regulator means: 13
(a) a member of the Regulator; or 14
(b) a member of the staff of the Regulator; or 15
(c) a person whose services are made available to the Regulator 16
under section 37; or 17
(d) a person engaged as a consultant under section 38. 18
offsets project has the same meaning as in the Carbon Credits 19
(Carbon Farming Initiative) Act 2011. 20
prescribed eligible carbon unit has the same meaning as in the 21
Carbon Credits (Carbon Farming Initiative) Act 2011. 22
prescribed international unit has the same meaning as in the 23
Australian National Registry of Emissions Units Act 2011. 24
protected information means information that: 25
(a) was obtained after the commencement of this section by a 26
person in the person`s capacity as an oIIicial oI the 27
Regulator; and 28
(b) relates to the affairs of a person other than an official of the 29
Regulator. 30
Regulator means the Clean Energy Regulator. 31
Royal Commission has the same meaning as in the Royal 32
Commissions Act 1902. 33

Part 1 Preliminary


Section 5

6 Clean Energy Regulator Bill 2011 No. , 2011
Secretary means the Secretary of the Department. 1
staff of the Regulator means the staff described in section 36. 2
State/Territory government body means: 3
(a) the government of a State or Territory; or 4
(b) an agency or authority of a State or Territory. 5
United Nations Convention on the Law of the Sea means the 6
United Nations Convention on the Law of the Sea, done at 7
Montego Bay on 10 December 1982. 8
Note: The text of the Convention is set out in Australian Treaty Series 1994 9
No. 31 ([1994] ATS 31). In 2011, the text of an international 10
agreement in the Australian Treaty Series was accessible through the 11
Australian Treaties Library on the AustLII website 12
(www.austlii.edu.au). 13
vacancy, in relation to the office of a member of the Regulator, has 14
a meaning affected by section 5. 15
5 Vacancy in the office of a member of the Regulator 16
For the purposes of a reference in: 17
(a) this Act to a vacancy in the office of a member of the 18
Regulator; or 19
(b) the Acts Interpretation Act 1901 to a vacancy in the 20
membership of a body; 21
there are taken to be 4 offices of members of the Regulator in 22
addition to the Chair of the Regulator. 23
6 Crown to be bound 24
(1) This Act binds the Crown in each of its capacities. 25
(2) This Act does not make the Crown liable to a pecuniary penalty or 26
to be prosecuted for an offence. 27
(3) The protection in subsection (2) does not apply to an authority of 28
the Crown. 29

Preliminary Part 1


Section 7

Clean Energy Regulator Bill 2011 No. , 2011 7
7 Extension to external Territories 1
This Act extends to every external Territory. 2
8 Extension to exclusive economic zone and continental shelf 3
This Act extends to a matter relating to the exercise oI Australia`s 4
sovereign rights in the exclusive economic zone or the continental 5
shelf. 6
9 Extension to Joint Petroleum Development Area 7
This Act extends to the Joint Petroleum Development Area. 8
10 Application to foreign ships 9
This Act does not apply to the extent that its application would be 10
inconsistent with the exercise of rights of foreign ships in: 11
(a) the territorial sea; or 12
(b) the exclusive economic zone; or 13
(c) waters of the continental shelf; 14
in accordance with the United Nations Convention on the Law of 15
the Sea. 16
17

Part 2 Clean Energy Regulator
Division 1 Regulator`s establishment, Iunctions, powers and liabilities

Section 11

8 Clean Energy Regulator Bill 2011 No. , 2011
1
Part 2-Clean Energy Regulator 2
Division 1-Regulator`s establishment, functions, powers 3
and liabilities 4
11 Clean Energy Regulator 5
The Clean Energy Regulator is established by this section. 6
Note: In this Act, Regulator means the Clean Energy Regulatorsee 7
section 4. 8
12 Functions of the Regulator 9
The Regulator has the following functions: 10
(a) such functions as are conferred on the Regulator by a climate 11
change law; 12
(b) such functions as are conferred on the Regulator by any other 13
law of the Commonwealth; 14
(c) to do anything incidental to or conducive to the performance 15
of any of the above functions. 16
13 Powers of the Regulator 17
(1) The Regulator has power to do all things necessary or convenient 18
to be done for or in connection with the performance of its 19
functions. 20
(2) The powers of the Regulator include, but are not limited to, the 21
power to enter into contracts. 22
(3) Any contract entered into by the Regulator is to be entered into on 23
behalf of the Commonwealth. 24
(4) Any real or personal property held by the Regulator is held for and 25
on behalf of the Commonwealth. 26
(5) Any money received by the Regulator is received for and on behalf 27
of the Commonwealth. 28

Clean Energy Regulator Part 2
Regulator`s establishment, Iunctions, powers and liabilities Division 1

Section 14

Clean Energy Regulator Bill 2011 No. , 2011 9
(6) The Regulator cannot hold real or personal property, or money, on 1
trust for a person other than the Commonwealth. 2
Note: The Commonwealth may hold real or personal property or money on 3
trust. 4
(7) To avoid doubt, a right to sue is taken not to be personal property 5
for the purposes of subsection (4). 6
14 Regulator`s liabilities are Commonwealth liabilities 7
(1) Any financial liabilities of the Regulator are taken to be liabilities 8
of the Commonwealth. 9
(2) In this section: 10
financial liability means a liability to pay a person an amount, 11
where the amount, or the method for working out the amount, has 12
been determined. 13
15 Regulator has privileges and immunities of the Crown 14
The Regulator has the privileges and immunities of the Crown in 15
right of the Commonwealth. 16
17

Part 2 Clean Energy Regulator
Division 2 Constitution and membership of the Regulator

Section 16

10 Clean Energy Regulator Bill 2011 No. , 2011
1
Division 2-Constitution and membership of the Regulator 2
16 Constitution of the Regulator 3
(1) The Regulator: 4
(a) is a body corporate with perpetual succession; and 5
(b) must have a seal; and 6
(c) may acquire, hold and dispose of real and personal property; 7
and 8
(d) may sue and be sued in its corporate name. 9
(2) The seal of the Regulator is to be kept in such custody as the 10
Regulator directs and must not be used except as authorised by the 11
Regulator. 12
(3) All courts, judges and persons acting judicially must: 13
(a) take judicial notice of the imprint of the seal of the Regulator 14
appearing on a document; and 15
(b) presume that the document was duly sealed. 16
17 Membership of the Regulator 17
The Regulator consists of the following members: 18
(a) a Chair; 19
(b) at least 2, and not more than 4, other members. 20
18 Appointment of members of the Regulator 21
(1) Each member of the Regulator is to be appointed by the Minister 22
by written instrument. 23
Note: The member of the Regulator is eligible for reappointment: see the 24
Acts Interpretation Act 1901. 25
(2) A person is not eligible for appointment as a member of the 26
Regulator unless the Minister is satisfied that the person has: 27
(a) substantial experience or knowledge; and 28
(b) significant standing; 29

Clean Energy Regulator Part 2
Constitution and membership of the Regulator Division 2

Section 19

Clean Energy Regulator Bill 2011 No. , 2011 11
in at least one of the following fields: 1
(c) economics; 2
(d) industry; 3
(e) energy production and supply; 4
(f) energy measurement and reporting; 5
(g) greenhouse gas emissions measurement and reporting; 6
(h) greenhouse gas abatement measures; 7
(i) financial markets; 8
(j) trading of environmental instruments; 9
(k) land resource management; 10
(l) public administration. 11
(3) The Chair of the Regulator holds office on a full-time basis. 12
(4) A member of the Regulator (other than the Chair) may hold office 13
on either a full-time or a part-time basis. 14
19 Period of appointment for members of the Regulator 15
A member of the Regulator holds office for the period specified in 16
the instrument of appointment. The period must not exceed 5 years. 17
Note: For reappointment, see the Acts Interpretation Act 1901. 18
20 Acting members of the Regulator 19
Acting Chair of the Regulator 20
(1) The Minister may appoint a person to act as the Chair of the 21
Regulator: 22
(a) during a vacancy in the office of the Chair of the Regulator 23
(whether or not an appointment has previously been made to 24
the office); or 25
(b) during any period, or during all periods, when the Chair of 26
the Regulator: 27
(i) is absent from duty or Australia; or 28
(ii) is, for any reason, unable to perform the duties of the 29
office. 30

Part 2 Clean Energy Regulator
Division 2 Constitution and membership of the Regulator

Section 20

12 Clean Energy Regulator Bill 2011 No. , 2011
Acting member of the Regulator (other than the Chair of the 1
Regulator) 2
(2) The Minister may appoint a person to act as a member of the 3
Regulator (other than the Chair of the Regulator): 4
(a) during a vacancy in the office of a member of the Regulator 5
(other than the Chair of the Regulator), whether or not an 6
appointment has previously been made to the office; or 7
(b) during any period, or during all periods, when a member of 8
the Regulator (other than the Chair of the Regulator): 9
(i) is absent from duty or Australia; or 10
(ii) is, for any reason, unable to perform the duties of the 11
office. 12
Eligibility 13
(3) A person is not eligible for appointment to act as: 14
(a) the Chair of the Regulator; or 15
(b) a member of the Regulator (other than the Chair of the 16
Regulator); 17
unless the person is eligible for appointment as a member of the 18
Regulator. 19
Note 1: See subsection 18(2). 20
Note 2: For rules that apply to acting appointments, see sections 33AB and 21
33A of the Acts Interpretation Act 1901. 22
23

Clean Energy Regulator Part 2
Terms and conditions for members of the Regulator Division 3

Section 21

Clean Energy Regulator Bill 2011 No. , 2011 13
1
Division 3-Terms and conditions for members of the 2
Regulator 3
21 Remuneration 4
(1) A member of the Regulator is to be paid the remuneration that is 5
determined by the Remuneration Tribunal. If no determination of 6
that remuneration by the Tribunal is in operation, a member of the 7
Regulator is to be paid the remuneration that is prescribed by the 8
regulations. 9
(2) A member of the Regulator is to be paid the allowances that are 10
prescribed by the regulations. 11
(3) This section has effect subject to the Remuneration Tribunal Act 12
1973. 13
22 Disclosure of interests to the Minister 14
A member of the Regulator must give written notice to the 15
Minister of all interests, pecuniary or otherwise, that the member 16
has or acquires and that conflict or could conflict with the proper 17
perIormance oI the member`s Iunctions. 18
23 Disclosure of interests to the Regulator 19
(1) A member of the Regulator who has an interest, pecuniary or 20
otherwise, in a matter being considered or about to be considered 21
by the Regulator must disclose the nature of the interest to a 22
meeting of the Regulator. 23
(2) The disclosure must be made as soon as possible after the relevant 24
facts have come to the knowledge of the member of the Regulator. 25
(3) The disclosure must be recorded in the minutes of the meeting of 26
the Regulator. 27
(4) Unless the Regulator otherwise determines, the member of the 28
Regulator: 29

Part 2 Clean Energy Regulator
Division 3 Terms and conditions for members of the Regulator

Section 24

14 Clean Energy Regulator Bill 2011 No. , 2011
(a) must not be present during any deliberation by the Regulator 1
on the matter; and 2
(b) must not take part in any decision of the Regulator with 3
respect to the matter. 4
(5) For the purposes of making a determination under subsection (4), 5
the member of the Regulator: 6
(a) must not be present during any deliberation of the Regulator 7
for the purpose of making the determination; and 8
(b) must not take part in making the determination. 9
(6) A determination under subsection (4) must be recorded in the 10
minutes of the meeting of the Regulator. 11
24 Outside employment 12
(1) A full-time member of the Regulator must not engage in paid 13
employment outside the duties of his or her office without the 14
Minister`s approval. 15
(2) A part-time member of the Regulator must not engage in any paid 16
employment that conflicts or may conflict with the proper 17
performance of his or her duties. 18
25 Leave of absence 19
(1) A full-time member of the Regulator has the recreation leave 20
entitlements that are determined by the Remuneration Tribunal. 21
(2) The Minister may grant leave of absence, other than recreation 22
leave, to a full-time member of the Regulator on the terms and 23
conditions as to remuneration or otherwise that the Minister 24
determines. 25
(3) The Chair of the Regulator may grant leave of absence to a 26
part-time member of the Regulator on the terms and conditions that 27
the Chair determines. 28

Clean Energy Regulator Part 2
Terms and conditions for members of the Regulator Division 3

Section 26

Clean Energy Regulator Bill 2011 No. , 2011 15
26 Resignation 1
(1) A member of the Regulator may resign his or her appointment by 2
giving the Minister a written resignation. 3
(2) The resignation takes effect on the day it is received by the 4
Minister or, if a later day is specified in the resignation, on that 5
later day. 6
27 Termination of appointment 7
(1) The Minister may terminate the appointment of a member of the 8
Regulator for misbehaviour or physical or mental incapacity. 9
(2) The Minister may terminate the appointment of a member of the 10
Regulator if: 11
(a) the member: 12
(i) becomes bankrupt; or 13
(ii) applies to take the benefit of any law for the relief of 14
bankrupt or insolvent debtors; or 15
(iii) compounds with his or her creditors; or 16
(iv) makes an assignment of his or her remuneration for the 17
benefit of his or her creditors; or 18
(b) if the member is a full-time memberthe member engages, 19
except with the Minister`s approval, in paid employment 20
outside the duties of his or her office (see section 24); or 21
(c) if the member is a part-time memberthe member engages 22
in paid employment that conflicts or may conflict with the 23
proper performance of his or her duties (see section 24); or 24
(d) the member fails, without reasonable excuse, to comply with 25
section 22 or 23; or 26
(e) the member is absent, except on leave of absence, from 3 27
consecutive meetings of the Regulator. 28
28 Other terms and conditions 29
A member of the Regulator holds office on the terms and 30
conditions (if any) in relation to matters not covered by this Act 31
that are determined by the Minister. 32
33

Part 2 Clean Energy Regulator
Division 4 Decision-making by the Regulator

Section 29

16 Clean Energy Regulator Bill 2011 No. , 2011
1
Division 4-Decision-making by the Regulator 2
29 Holding of meetings 3
(1) The Regulator is to hold such meetings as are necessary for the 4
performance of its functions. 5
(2) The Chair of the Regulator may convene a meeting at any time. 6
30 Presiding at meetings 7
(1) The Chair of the Regulator presides at all meetings at which he or 8
she is present. 9
(2) If the Chair of the Regulator is not present at a meeting, the 10
members of the Regulator present must appoint one of themselves 11
to preside. 12
31 Quorum 13
At a meeting of the Regulator, 2 members of the Regulator 14
constitute a quorum. 15
32 Voting at meetings etc. 16
(1) At a meeting of the Regulator, a question is decided by a majority 17
of the votes of members of the Regulator present and voting. 18
(2) The person presiding at a meeting has a deliberative vote and, in 19
the event of an equality of votes, also has a casting vote. 20
33 Conduct of meetings 21
The Regulator may, subject to this Division, regulate proceedings 22
at its meetings as it considers appropriate. 23
Note: Section 33B of the Acts Interpretation Act 1901 provides for 24
participation in meetings by telephone etc. 25

Clean Energy Regulator Part 2
Decision-making by the Regulator Division 4

Section 34

Clean Energy Regulator Bill 2011 No. , 2011 17
34 Minutes 1
The Regulator must keep minutes of its meetings. 2

Part 2 Clean Energy Regulator
Division 5 Delegation

Section 35

18 Clean Energy Regulator Bill 2011 No. , 2011
1
Division 5-Delegation 2
35 Delegation by the Regulator 3
(1) The Regulator may, by writing, delegate any or all of its functions 4
and powers to: 5
(a) a member of the Regulator; or 6
(b) a person who is: 7
(i) a member of the staff of the Regulator; and 8
(ii) an SES employee or acting SES employee; or 9
(c) a person who is: 10
(i) a member of the staff of the Regulator; and 11
(ii) an APS employee who holds or performs the duties of 12
an Executive Level 2 position or an equivalent position; 13
or 14
(d) a person who is: 15
(i) a person assisting the Regulator under section 37; and 16
(ii) an SES employee or acting SES employee in the 17
Department; or 18
(e) a person who is: 19
(i) a person assisting the Regulator under section 37; and 20
(ii) an APS employee who holds or performs the duties of 21
an Executive Level 2 position, or an equivalent position, 22
in the Department. 23
Note: The expressions SES employee and acting SES employee are defined 24
in the Acts Interpretation Act 1901. 25
(2) A delegate must comply with any written directions of the 26
Regulator. 27
(3) Subsection (1) does not apply to a power to make, vary or revoke a 28
legislative instrument. 29
30

Clean Energy Regulator Part 2
Staff of the Regulator etc. Division 6

Section 36

Clean Energy Regulator Bill 2011 No. , 2011 19
1
Division 6-Staff of the Regulator etc. 2
36 Staff 3
(1) The staff of the Regulator are to be persons engaged under the 4
Public Service Act 1999. 5
(2) For the purposes of the Public Service Act 1999: 6
(a) the Chair of the Regulator and the staff of the Regulator 7
together constitute a Statutory Agency; and 8
(b) the Chair of the Regulator is the Head of that Statutory 9
Agency. 10
37 Persons assisting the Regulator 11
The Regulator may also be assisted: 12
(a) by officers and employees of Agencies (within the meaning 13
of the Public Service Act 1999); or 14
(b) by officers and employees of authorities of the 15
Commonwealth; or 16
(c) by officers and employees of a State or Territory; or 17
(d) by officers and employees of authorities of a State or 18
Territory; 19
whose services are made available to the Regulator in connection 20
with the performance of any of its functions. 21
38 Consultants 22
(1) The Regulator may engage persons having suitable qualifications 23
and experience as consultants to the Regulator. 24
(2) The consultants are to be engaged on the terms and conditions that 25
the Regulator determines in writing. 26
27

Part 2 Clean Energy Regulator
Division 7 Planning and reporting obligations

Section 39

20 Clean Energy Regulator Bill 2011 No. , 2011
1
Division 7-Planning and reporting obligations 2
39 Corporate plan 3
(1) The Regulator must prepare a corporate plan at least once each 4
3-year period and give it to the Minister. 5
(2) The plan must cover a 3-year period. 6
(3) The plan must include details of the following matters: 7
(a) the objectives of the Regulator; 8
(b) the strategies and policies that are to be followed by the 9
Regulator in order to achieve those objectives; 10
(c) such other matters (if any) as the Minister requires. 11
(4) The Chair of the Regulator must keep the Minister informed about: 12
(a) changes to the plan; and 13
(b) matters that might significantly affect the achievement of the 14
objectives set out in the plan. 15
(5) The Minister may give the Chair of the Regulator written 16
guidelines that are to be used by the Chair in deciding whether a 17
matter is covered by paragraph (3)(c) or (4)(b). 18
(6) A guideline given under subsection (5) is not a legislative 19
instrument. 20
(7) The Regulator must ensure that the first corporate plan is prepared 21
within 12 months after the commencement of this section. 22
40 Annual report 23
(1) The Regulator must, as soon as practicable after the end of each 24
financial year, prepare and give to the Minister, for presentation to 25
the Parliament, a report on its operations during that year. 26
Note: See also section 34C of the Acts Interpretation Act 1901, which 27
contains extra rules about annual reports. 28
(2) A report under subsection (1) for a financial year must set out: 29

Clean Energy Regulator Part 2
Planning and reporting obligations Division 7

Section 40

Clean Energy Regulator Bill 2011 No. , 2011 21
(a) a description of the objectives of the Regulator; and 1
(b) an assessment of the extent to which the Regulator`s 2
operations during that year have achieved those objectives. 3
(3) An assessment under paragraph (2)(b) must be made against 4
performance indicators set out in the report. 5
(4) A report under subsection (1) is in addition to a report under 6
section 105 of the Renewable Energy (Electricity) Act 2000. 7
(5) If a report under section 105 of the Renewable Energy (Electricity) 8
Act 2000 relating to a calendar year (the REE report) has been 9
presented to the Parliament, the report under subsection (1) of this 10
section for the financial year ending on 30 June after the end of the 11
calendar year: 12
(a) need not deal comprehensively with the working of that Act 13
during so much of the financial year as overlaps the calendar 14
year; and 15
(b) must include a summary of the REE report, to the extent to 16
which the REE report deals with the working of the 17
Renewable Energy (Electricity) Act 2000 during so much of 18
the financial year as overlaps the calendar year. 19
(6) If this section does not commence at the start of a financial year, 20
the period: 21
(a) beginning at the commencement of this section; and 22
(b) ending at the end of 30 June after that commencement; 23
is taken, for the purposes of this section, to be a financial year. 24
25

Part 2 Clean Energy Regulator
Division 8 Other matters

Section 41

22 Clean Energy Regulator Bill 2011 No. , 2011
1
Division 8-Other matters 2
41 Minister may give directions to the Regulator 3
(1) The Minister may, by legislative instrument, give directions to the 4
Regulator in relation to the performance of its functions and the 5
exercise of its powers. 6
Note 1: For variation and revocation, see subsection 33(3) of the Acts 7
Interpretation Act 1901. 8
Note 2: Section 42 (disallowance) and Part 6 (sunsetting) of the Legislative 9
Instruments Act 2003 do not apply to the direction (see sections 44 10
and 54 of that Act). 11
(2) A direction under subsection (1) must be of a general nature only. 12
(3) A direction under subsection (1) must not be inconsistent with the 13
objects of: 14
(a) the Clean Energy Act 2011; or 15
(b) the Carbon Credits (Carbon Farming Initiative) Act 2011; or 16
(c) the National Greenhouse and Energy Reporting Act 2007; or 17
(d) the Renewable Energy (Electricity) Act 2000. 18
(4) The Regulator must comply with a direction under subsection (1). 19
42 Chair of the Regulator not subject to direction by the Regulator 20
on certain matters 21
To avoid doubt, the Chair of the Regulator is not subject to 22
direction by the Regulator in relation to the Chair`s perIormance oI 23
functions, or exercise of powers, under: 24
(a) the Financial Management and Accountability Act 1997; or 25
(b) the Public Service Act 1999; 26
in relation to the Regulator. 27
28

Secrecy Part 3


Section 43

Clean Energy Regulator Bill 2011 No. , 2011 23
1
Part 3-Secrecy 2
3
43 Secrecy 4
(1) A person commits an offence if: 5
(a) the person is, or has been, an official of the Regulator; and 6
(b) the person has obtained protected inIormation in the person`s 7
capacity as an official of the Regulator; and 8
(c) the person: 9
(i) discloses the information to another person; or 10
(ii) uses the information. 11
Penalty: Imprisonment for 2 years or 120 penalty units, or both. 12
Exceptions 13
(2) Each of the following is an exception to the prohibition in 14
subsection (1): 15
(a) the disclosure or use is authorised by a provision of this Part; 16
(b) the disclosure or use is in compliance with a requirement 17
under: 18
(i) a law of the Commonwealth; or 19
(ii) a prescribed law of a State or a Territory. 20
Note: A defendant bears an evidential burden in relation to a matter in 21
subsection (2) (see subsection 13.3(3) of the Criminal Code). 22
(3) Except where it is necessary to do so for the purposes of giving 23
effect to a climate change law, an official of the Regulator is not to 24
be required: 25
(a) to produce to a court or tribunal a document containing 26
protected information; or 27
(b) to disclose protected information to a court or tribunal. 28

Part 3 Secrecy


Section 44

24 Clean Energy Regulator Bill 2011 No. , 2011
44 Disclosure or use for the purposes of a climate change law etc. 1
An official of the Regulator may disclose or use protected 2
information if: 3
(a) the disclosure or use is for the purposes of a climate change 4
law; or 5
(b) the disclosure or use is for the purposes of the performance of 6
the functions of the Regulator under a climate change law; or 7
(c) the disclosure or use is in the course of the oIIicial`s 8
employment or service as an official of the Regulator. 9
45 Disclosure to Ministers etc. 10
(1) An official of the Regulator may disclose protected information to 11
the Minister. 12
(2) An official of the Regulator may disclose protected information to 13
a Minister if the Minister is responsible for administering a 14
program, or collecting statistics, relating to: 15
(a) greenhouse gas emissions (within the meaning of the 16
National Greenhouse and Energy Reporting Act 2007); or 17
(b) energy consumption (within the meaning of that Act); or 18
(c) energy production (within the meaning of that Act). 19
(3) An official of the Regulator may disclose protected information to 20
a person employed, under section 13 or 20 of the Members of 21
Parliament (Staff) Act 1984, as a member of staff of a Minister 22
referred to in subsection (1) or (2). 23
46 Disclosure to Secretaries etc. 24
(1) An official of the Regulator may disclose protected information to: 25
(a) the Secretary; or 26
(b) an officer of the Department who is authorised by the 27
Secretary, in writing, for the purposes of this subsection; 28
if the disclosure is for the purposes of: 29
(c) advising the Minister; or 30

Secrecy Part 3


Section 47

Clean Energy Regulator Bill 2011 No. , 2011 25
(d) Iacilitating the monitoring oI Australia`s compliance with its 1
international obligations under an international climate 2
change agreement; or 3
(e) facilitating the development of an international agreement 4
that relates to climate change. 5
(2) If a Minister is responsible for administering a program, or 6
collecting statistics, relating to: 7
(a) greenhouse gas emissions (within the meaning of the 8
National Greenhouse and Energy Reporting Act 2007); or 9
(b) energy consumption (within the meaning of that Act); or 10
(c) energy production (within the meaning of that Act); 11
an official of the Regulator may disclose protected information to: 12
(d) the Secretary of the Department administered by that 13
Minister; or 14
(e) an officer of that Department who is authorised by that 15
Secretary, in writing, for the purposes of this subsection; 16
if the disclosure is for the purposes of: 17
(f) advising that Minister; or 18
(g) administering that program, or collecting those statistics, as 19
the case may be. 20
47 Disclosure or use for purposes of development of methodology 21
determinations etc. 22
(1) The Regulator may disclose or use protected information that 23
relates to a particular offsets project if: 24
(a) under section 27 of the Carbon Credits (Carbon Farming 25
Initiative) Act 2011, the Regulator has declared the offsets 26
project to be an eligible offsets project; and 27
(b) more than 7 years have passed since the application under 28
section 22 of that Act was made for the declaration; and 29
(c) the information was: 30
(i) contained in the application; or 31
(ii) given in connection with the application; or 32
(iii) contained in an offsets report about the project; and 33

Part 3 Secrecy


Section 48

26 Clean Energy Regulator Bill 2011 No. , 2011
(d) the disclosure or use is for the purposes of facilitating the 1
development of either or both of the following: 2
(i) one or more methodology determinations; 3
(ii) one or more proposals for methodology determinations. 4
(2) The Regulator may disclose or use protected information if: 5
(a) the information was: 6
(i) contained in an application under section 108 of the 7
Carbon Credits (Carbon Farming Initiative) Act 2011 8
for endorsement of a specified proposal for a 9
methodology determination; or 10
(ii) contained in an application under section 116 of the 11
Carbon Credits (Carbon Farming Initiative) Act 2011 12
for endorsement of a specified proposal for the variation 13
of a methodology determination; or 14
(iii) given in connection with an application covered by 15
subparagraph (i) or (ii); and 16
(b) more than 7 years have passed since the application was 17
made; and 18
(c) the disclosure or use is for the purposes of facilitating the 19
development of either or both of the following: 20
(i) one or more methodology determinations; 21
(ii) one or more proposals for methodology determinations. 22
(3) Subsections (1) and (2) do not apply to personal information 23
(within the meaning of the Privacy Act 1988). 24
48 Disclosure to a Royal Commission 25
(1) An official of the Regulator may disclose protected information to 26
a Royal Commission. 27
(2) The Chair of the Regulator may, by writing, impose conditions to 28
be complied with in relation to protected information disclosed 29
under subsection (1). 30
(3) An instrument under subsection (2) is not a legislative instrument. 31

Secrecy Part 3


Section 49

Clean Energy Regulator Bill 2011 No. , 2011 27
49 Disclosure to certain agencies, bodies and persons 1
Scope 2
(1) This section applies if the Chair of the Regulator is satisfied that 3
particular protected information will enable or assist any of the 4
following agencies, bodies or persons: 5
(a) the Australian Bureau of Statistics; 6
(b) the Australian Communications and Media Authority; 7
(c) the Australian Competition and Consumer Commission; 8
(d) the Australian Prudential Regulation Authority; 9
(e) the Australian Securities and Investments Commission; 10
(f) the National Competition Council; 11
(g) the Productivity Commission; 12
(h) the Australian Energy Regulator; 13
(i) the Australian Statistician; 14
(j) the Commissioner of Taxation; 15
(k) the Australian Competition Tribunal; 16
(l) the Director of Public Prosecutions; 17
(m) the Australian Transaction Reports and Analysis Centre; 18
(n) the Reserve Bank of Australia; 19
(o) Australian Energy Market Operator Limited (ACN 072 010 20
327); 21
(p) the Australian Energy Market Commission established under 22
the Australian Energy Market Commission Establishment Act 23
2004 of South Australia; 24
(q) the Independent Market Operator established under the 25
Electricity Industry (Independent Market Operator) 26
Regulations 2004 of Western Australia; 27
(r) Low Carbon Australia Limited (ACN 141 478 748); 28
(s) the Climate Change Authority; 29
(t) the Land Sector Carbon and Biodiversity Board; 30
(u) the Chief Executive Officer of Customs; 31
(v) a State/Territory government body whose functions include a 32
function that corresponds to a function of the Regulator; 33
(w) a prescribed State/Territory government body; 34

Part 3 Secrecy


Section 49

28 Clean Energy Regulator Bill 2011 No. , 2011
(x) a prescribed international climate change body; 1
(y) a prescribed professional disciplinary body; 2
(z) a person or body responsible for the administration of a 3
scheme that involves the issue or registration of: 4
(i) prescribed eligible carbon units; or 5
(ii) prescribed international units; 6
to perform or exercise any of the functions or powers of the 7
agency, body or person. 8
Disclosure 9
(2) If an official of the Regulator is authorised by the Chair of the 10
Regulator, in writing, for the purposes of this section, the official 11
may disclose that protected information to the agency, body or 12
person concerned. 13
(3) The Chair of the Regulator may, by writing, impose conditions to 14
be complied with in relation to protected information disclosed 15
under subsection (2). 16
(4) A person commits an offence if: 17
(a) the person is subject to a condition under subsection (3); and 18
(b) the person engages in conduct; and 19
(c) the person`s conduct breaches the condition. 20
Penalty: Imprisonment for 2 years or 120 penalty units, or both. 21
(5) An instrument under subsection (3) is not a legislative instrument. 22
Prescribed professional disciplinary bodies 23
(6) A person commits an offence if: 24
(a) the person is: 25
(i) a prescribed professional disciplinary body; or 26
(ii) a member of a prescribed professional disciplinary 27
body; and 28
(b) protected information has been disclosed under 29
subsection (2) to the body; and 30
(c) the person: 31

Secrecy Part 3


Section 50

Clean Energy Regulator Bill 2011 No. , 2011 29
(i) discloses the information to another person; or 1
(ii) uses the information. 2
Penalty: Imprisonment for 2 years or 120 penalty units, or both. 3
Exceptions 4
(7) Subsection (6) does not apply if: 5
(a) the disclosure or use is with the consent of the Chair of the 6
Regulator; and 7
(b) the disclosure or use is for the purpose of: 8
(i) deciding whether or not to take disciplinary or other 9
action; or 10
(ii) taking that action. 11
Note: A defendant bears an evidential burden in relation to a matter in 12
subsection (7) (see subsection 13.3(3) of the Criminal Code). 13
50 Disclosure to certain financial bodies 14
Scope 15
(1) This section applies if the Chair of the Regulator is satisfied that 16
particular protected information will enable or assist a body 17
corporate that: 18
(a) either: 19
(i) conducts, or is involved in the supervision of, a 20
financial market; or 21
(ii) is a body corporate that holds an Australian CS facility 22
licence; and 23
(b) is specified in the regulations; 24
to monitor compliance with, enforce, or perform functions or 25
exercise powers under: 26
(c) the Corporations Act 2001; or 27
(d) the business law of a State or Territory; or 28
(e) the business law of a foreign country; or 29
(f) the operating rules (if any) of the body corporate. 30

Part 3 Secrecy


Section 50

30 Clean Energy Regulator Bill 2011 No. , 2011
Disclosure 1
(2) If an official of the Regulator is authorised by the Chair of the 2
Regulator, in writing, for the purposes of this section, the official 3
may disclose that protected information to the body corporate. 4
Conditions 5
(3) The Chair of the Regulator may, by writing, impose conditions to 6
be complied with by the body corporate and its officers, employees 7
and agents in relation to protected information disclosed to the 8
body corporate under subsection (2). 9
(4) A person commits an offence if: 10
(a) the person is subject to a condition under subsection (3); and 11
(b) the person engages in conduct; and 12
(c) the person`s conduct breaches the condition. 13
Penalty: Imprisonment for 2 years or 120 penalty units, or both. 14
(5) An instrument under subsection (3) is not a legislative instrument. 15
Secondary disclosure and use 16
(6) A person commits an offence if: 17
(a) the person is: 18
(i) a body corporate; or 19
(ii) an officer, employee or agent of a body corporate; and 20
(b) protected information has been disclosed under 21
subsection (2) to the body corporate; and 22
(c) the person: 23
(i) discloses the information to another person; or 24
(ii) uses the information. 25
Penalty: Imprisonment for 2 years or 120 penalty units, or both. 26
Exceptions 27
(7) Each of the following is an exception to the prohibition in 28
subsection (6): 29

Secrecy Part 3


Section 51

Clean Energy Regulator Bill 2011 No. , 2011 31
(a) the disclosure or use is with the consent of the Chair of the 1
Regulator; 2
(b) the disclosure or use is for the purpose of monitoring 3
compliance with, enforcing, or performing functions or 4
exercising powers under: 5
(i) the Corporations Act 2001; or 6
(ii) the business law of a State or Territory; or 7
(iii) the business law of a foreign country; or 8
(iv) the operating rules (if any) of the body corporate. 9
Note: A defendant bears an evidential burden in relation to a matter in 10
subsection (7) (see subsection 13.3(3) of the Criminal Code). 11
Meaning of expressions 12
(8) In this section, the following expressions have the same meanings 13
as in the Corporations Act 2001: 14
(a) Australian CS facility licence; 15
(b) financial market; 16
(c) officer; 17
(d) operating rules. 18
51 Disclosure with consent 19
An official of the Regulator may disclose protected information 20
that relates to the affairs of a person if: 21
(a) the person has consented to the disclosure; and 22
(b) the disclosure is in accordance with that consent. 23
52 Disclosure to reduce threat to life or health 24
An official of the Regulator may disclose protected information if: 25
(a) the official believes on reasonable grounds that the disclosure 26
is necessary to prevent or lessen a serious and imminent 27
threat to the life or health of an individual; and 28
(b) the disclosure is for the purposes of preventing or lessening 29
that threat. 30

Part 3 Secrecy


Section 53

32 Clean Energy Regulator Bill 2011 No. , 2011
53 Disclosure of publicly available information 1
An official of the Regulator may disclose protected information if 2
it has already been lawfully made available to the public. 3
54 Disclosure of summaries or statistics 4
An official of the Regulator may disclose: 5
(a) summaries of protected information; or 6
(b) statistics derived from protected information; 7
if those summaries or statistics, as the case may be, are not likely 8
to enable the identification of a person. 9
55 Disclosure for purposes of law enforcement 10
Scope 11
(1) This section applies if the Chair of the Regulator is satisfied that 12
disclosure of particular protected information is reasonably 13
necessary for: 14
(a) the enforcement of the criminal law; or 15
(b) the enforcement of a law imposing a pecuniary penalty; or 16
(c) the protection of the public revenue. 17
Disclosure 18
(2) The Chair of the Regulator may disclose that protected information 19
to: 20
(a) a Department, agency or authority of the Commonwealth, a 21
State or a Territory; or 22
(b) an Australian police force; 23
whose functions include that enforcement or protection, for the 24
purposes of that enforcement or protection. 25
(3) If an official of the Regulator is authorised by the Chair of the 26
Regulator, in writing, for the purposes of this section, the official 27
may disclose that protected information to: 28
(a) a Department, agency or authority of the Commonwealth, a 29
State or a Territory; or 30

Secrecy Part 3


Section 55

Clean Energy Regulator Bill 2011 No. , 2011 33
(b) an Australian police force; 1
whose functions include that enforcement or protection, for the 2
purposes of that enforcement or protection. 3
Secondary disclosure and use 4
(4) A person commits an offence if: 5
(a) the person is, or has been, an employee or officer of: 6
(i) a Department, agency or authority of the 7
Commonwealth, a State or a Territory; or 8
(ii) an Australian police force; and 9
(b) protected information has been disclosed under 10
subsection (2) or (3) to the Department, agency, authority or 11
police force, as the case may be; and 12
(c) the person has obtained the information in the person`s 13
capacity as an employee or officer of the Department, 14
agency, authority or police force, as the case may be; and 15
(d) the person: 16
(i) discloses the information to another person; or 17
(ii) uses the information. 18
Penalty: Imprisonment for 2 years or 120 penalty units, or both. 19
(5) Subsection (4) does not apply if: 20
(a) the disclosure or use is with the consent of the Chair of the 21
Regulator; and 22
(b) the disclosure or use is for the purpose of: 23
(i) enforcing the criminal law; or 24
(ii) enforcing a law imposing a pecuniary penalty; or 25
(iii) protecting the public revenue. 26
Note: A defendant bears an evidential burden in relation to a matter in 27
subsection (5) (see subsection 13.3(3) of the Criminal Code). 28
Conditions 29
(6) The Chair of the Regulator may, by writing, impose conditions to 30
be complied with in relation to protected information disclosed 31
under subsection (2) or (3). 32

Part 3 Secrecy


Section 56

34 Clean Energy Regulator Bill 2011 No. , 2011
(7) A person commits an offence if: 1
(a) the person is subject to a condition under subsection (6); and 2
(b) the person engages in conduct; and 3
(c) the person`s conduct breaches the condition. 4
Penalty: Imprisonment for 2 years or 120 penalty units, or both. 5
(8) An instrument under subsection (6) is not a legislative instrument. 6
56 Delegation 7
(1) The Chair of the Regulator may, by writing, delegate any or all of 8
his or her functions and powers under this Part to a member of the 9
Regulator. 10
(2) A delegate must comply with any written directions of the Chair of 11
the Regulator. 12
13

Miscellaneous Part 4


Section 57

Clean Energy Regulator Bill 2011 No. , 2011 35
1
Part 4-Miscellaneous 2
3
57 Regulations 4
The Governor-General may make regulations prescribing matters: 5
(a) required or permitted by this Act to be prescribed; or 6
(b) necessary or convenient to be prescribed for carrying out or 7
giving effect to this Act. 8