Footnotes

Chapter 1 - Introduction

[1]        Journals of the Senate, No. 59, 13 October 2011, p. 1631.

[2]        The department's responses to questions on notice are available from the committee's website at: www.aph.gov.au/senate/committee/ec_ctte/arena/submissions.htm. 

[3]        www.climatechange.gov.au/media/whats-new/climate-change-committee.aspx (accessed 31 October 2011).

[4]        www.climatechange.gov.au/en/government/initiatives/mpccc/resources/clean-energy-agreement.aspx (accessed 31 October 2011). Most of these proposals have been adopted by the Australian Government in the package of Clean Energy Bills introduced into the House of Representatives on 13 September 2011.

[5]        The Clean Energy Agreement noted that the existing government support included more than $1.5 billion in unallocated funding. However, the Australian Government estimates that the figure is closer to $1.7 billion: see www.ret.gov.au/Department/Documents/clean-energy-future/ARENA-FACTSHEET.pdf (accessed 31 October 2011).

[6]        The Hon. Martin Ferguson MP, Minister for Resources and Energy, House of Representatives Hansard, 12 October 2011, p. 13.

[7]        The Hon. Martin Ferguson MP, Minister for Resources and Energy, House of Representatives Hansard, 12 October 2011, p. 13.

[8]        Clause 3, Australian Renewable Energy Agency Bill 2011.

[9]        Australian Renewable Energy Agency Bill 2011, Explanatory Memorandum, p. 1. The bill confers other functions on ARENA and provides for additional functions to be prescribed by regulation: see subclauses 8(b)–(h) of the Australian Renewable Energy Agency Bill 2011.

[10]      Clause 8, Australian Renewable Energy Agency Bill 2011; Australian Renewable Energy Agency Bill 2011, Explanatory Memorandum, p. 4.

[11]      Items 4 and 9, Schedule 2, Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Bill 2011. Australian Solar Institute Limited is a solar technologies research and development company established by the Australian Government in 2009.

[12]      Subclause 9(b), Australian Renewable Energy Agency Bill 2011.

[13]      Australian Renewable Energy Agency Bill 2011, Explanatory Memorandum, p. 5.

[14]      Clause 10, Australian Renewable Energy Agency Bill 2011. Proposed provisions regarding the general funding strategy are described below in the section titled 'Governance arrangements'.

[15]      Clause 11, Australian Renewable Energy Agency Bill 2011.

[16]      Clause 12, Australian Renewable Energy Agency Bill 2011.

[17]      Clause 13, Australian Renewable Energy Agency Bill 2011. This is a function currently undertaken by the Australian Centre for Renewable Energy Board.

[18]      Australian Renewable Energy Agency Bill 2011, Explanatory Memorandum, p. 5.

[19]      Clause 14, Australian Renewable Energy Agency Bill 2011.

[20]      Australia signed and ratified the United Nations Framework Convention on Climate Change on 4 June 1992 and 30 December 1992, respectively. It entered into force on 21 March 1994. The Convention is available at: http://unfccc.int/resource/docs/convkp/conveng.pdf (accessed 14 October 2011).

[21]      Division 2 of Part 3 of the bill sets out the general funding strategy, guidelines and work plans.

[22]      Clause 18, Australian Renewable Energy Agency Bill 2011.

[23]      Subclauses 19(1) and (3), and clause 20, Australian Renewable Energy Agency Bill 2011. The Board is required to regularly review and may vary the general funding strategy throughout the financial year, subject to ministerial approval: see clause 22, Australian Renewable Energy Agency Bill 2011.

[24]      Subclauses 24(1), (2) and 25(1), Australian Renewable Energy Agency Bill 2011.

[25]      Subclauses 27(1), (3) & (5), Australian Renewable Energy Agency Bill 2011.

[26]      Clauses 29–30, Australian Renewable Energy Agency Bill 2011.

[27]      Clauses 31–32, 34 and 38, Australian Renewable Energy Agency Bill 2011.

[28]      Division 4 of Part 3, Australian Renewable Energy Agency Bill 2011.

[29]      Division 5 of Part 3, Australian Renewable Energy Agency Bill 2011.

[30]      See Part 4, Australian Renewable Energy Agency Bill 2011.

[31]      Subclauses 51(1), (3) and (5), Australian Renewable Energy Agency Bill 2011.

[32]      Subclauses 52(1) and (3), Australian Renewable Energy Agency Bill 2011; and item 29; Schedule 2, Australian Renewable Energy Agency Consequential Amendments and Transitional Provisions) Bill 2011.

[33]      Clause 59, Australian Renewable Energy Agency Bill 2011.

[34]      Clauses 61–63, Australian Renewable Energy Agency Bill 2011.

[35]      Subclause 64(1), Australian Renewable Energy Agency Bill 2011.

[36]      Subclause 64(2), Australian Renewable Energy Agency Bill 2011.

[37]      Subclauses 64(3) and (4), Australian Renewable Energy Agency Bill 2011.

[38]      Australian Renewable Energy Agency Bill 2011, Explanatory Memorandum, p. 16.

[39]      Subclause 64(5), Australian Renewable Energy Agency Bill 2011.

[40]      Subclauses 65(1), (2) and (4), Australian Renewable Energy Agency Bill 2011.

[41]      Clause 66, Australian Renewable Energy Agency Bill 2011.

[42]      Clause 67, Australian Renewable Energy Agency Bill 2011.

[43]      See Part 6, Australian Renewable Energy Agency Bill 2011.

[44]      The Hon. Martin Ferguson MP, Minister for Resources and Energy, House of Representatives Hansard, 12 October 2011, p. 13.

[45]      Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Bill 2011, Explanatory Memorandum, p. 1. The transition date (being 6 months after the establishment of the Australian Renewable Energy Agency) is intended to allow Australian Solar Institute Limited sufficient time to complete its work in selecting and funding projects from a recent call for funding applications: see the Hon. Martin Ferguson MP, Minister for Resources and Energy, House of Representatives Hansard, 12 October 2011, p. 15.

[46]      Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Bill 2011, Explanatory Memorandum, p. 1.

[47]      Parts 1 and 2, Schedule 1, Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Bill 2011. At the date of writing, the Clean Energy Regulator Bill 2011 has not been enacted.

[48]      Item 2, Schedule 2, Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Bill 2011.

[49]      Item 3 of Schedule 2 of the Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Bill 2011.

[50]      Items 7, 8 and 10, Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Bill 2011; Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Bill 2011, Explanatory Memorandum, p. 7. The Explanatory Memorandum notes that the effect of the Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Bill 2011 is to terminate any rights Australian Solar Institute Limited has under its head funding agreement with the Commonwealth.

[51]      Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Bill 2011, Explanatory Memorandum, p. 5.

[52]      Item 6 of Schedule 2, Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Bill 2011.

[53]      Items 16, 17 and 18, Schedule 2, Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Bill 2011.

[54]      Paragraph 72(1)(d), Public Service Act 1999.

[55]      Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Bill 2011, Explanatory Memorandum, p. 9. Australian Solar Institute Limited employees who become Australian Public Service employees will be taken to have an accrued entitlement to benefits, continuity of service, long service and maternity leave: see item 19, Schedule 2, Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Bill 2011.

[56]      Items 20–25, 26–28 and 30–34, Schedule 2, Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Bill 2011, respectively. Part 6 of the Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Bill 2011 is discussed under the heading 'Establishment of the office of the Chief Executive Officer'.

[57]      Submission 1, p. 1 and Submission 3, respectively. Also see the Clean Energy Council, Submission 4, p. 1.

[58]      See, for example, GE Energy, Submission 2; and Australian Centre for Renewable Energy, Submission 3.

Chapter 2 - Key issues

[1]        The Clean Energy Finance Corporation is not one of the measures addressed in the package of 'Clean Energy Bills'. Instead, an independent panel of experts has been appointed to advise on the design of the $10 billion Clean Energy Finance Corporation. The panel is due to report by mid-March 2012, with the Corporation expected to commence operations in 2013–14: www.cleanenergyfuture.gov.au/clean-energy-finance-corporation-experts-appointed/ (accessed 31 October 2011).

[2]        Division 5 of Part 7 of the Clean Energy Bill 2011 provides for the periodic review of certain matters under the Jobs and Competitiveness Program, including the operation of assistance arrangements.

[3]        Submission 2, p. 3.

[4]        Answer to question on notice, received 28 October 2011, p. 2.

[5]        Answer to question on notice, received 28 October 2011, p. 2.

[6]        Submission 3, p. 1. The Department of Resources, Energy and Tourism advised that the reference to the Renewable Energy Equity Fund was in error, with the department to maintain responsibility for the program: see Answer to question on notice, received 28 October 2011, p. 1.

[7]        www.ausindustry.gov.au/VentureCapital/RenewableEnergyEquityFundREEF/Pages/home.aspx (accessed 31 October 2011).

[8]        Answer to question on notice, received 28 October 2011, p. 1. The Department of Resources, Energy and Tourism noted that it will also retain responsibility for the Advanced Electricity Storage Technologies Program.

[9]        The Hon. Martin Ferguson AM MP, Minister for Resources and Energy and Minister for Tourism, 'Connecting Renewable Energy to Australian Homes', Media Release, 23 July 2010, www.martinferguson.com.au/page15090/Connecting-renewables.aspx (accessed 31 October 2011).

[10]      Mid-year Economic and Fiscal Outlook 2010–11, November 2010, p. 202, www.budget.gov.au/2010-11/content/myefo/html/index.htm (accessed 1 November 2011).

[11]      Department of Resources, Energy and Tourism, 'Clean Energy Package – Australian Renewable Energy Agency' factsheet, available at: www.ret.gov.au/Department/Documents/clean-energy-future/ARENA-FACTSHEET.pdf (accessed 31 October 2011); and the Hon. Martin Ferguson AM MP, Minister for Resources and Energy and Minister for Tourism, House of Representatives Hansard, 12 October 2011, p. 15.

[12]      Submission 2, pp 2–3.

[13]      Submission 4, p. 2.

[14]      Answer to question on notice, received 28 October 2011, p. 1.

[15]      Answer to question on notice, received 28 October 2011, p. 1.