Clean Energy (Consequential Amendments) Act 2011 (132 of 2011)

Schedule 1   General amendments

Part 2   Amendments commencing on 1 July 2012

Division 1   Amendments

Renewable Energy (Electricity) Act 2000

451A   Section 162

Repeal the section, substitute:

162 Periodic reviews of operation of renewable energy legislation

(1) The Climate Change Authority must conduct reviews of the following:

(a) the operation of this Act and the scheme constituted by this Act;

(b) the operation of the regulations;

(c) the operation of theRenewable Energy (Electricity) (Large-scale Generation Shortfall Charge) Act 2000;

(d) the operation of theRenewable Energy (Electricity) (Small-scale Technology Shortfall Charge) Act 2010;

(e) the diversity of renewable energy access to the scheme constituted by this Act, to be considered with reference to a cost benefit analysis of the environmental and economic impact of that access.

Public consultation

(2) In conducting a review, the Climate Change Authority must make provision for public consultation.

Report

(3) The Climate Change Authority must:

(a) give the Minister a report of the review; and

(b) as soon as practicable after giving the report to the Minister, publish the report on the Climate Change Authority's website.

(4) The Minister must cause copies of a report under subsection (3) to be tabled in each House of the Parliament within 15 sitting days of that House after the review is completed.

First review

(5) The first review under subsection (1) must be completed before the end of 31 December 2012.

Subsequent reviews

(6) Each subsequent review under subsection (1) must be completed within 2 years after the deadline for completion of the previous review.

(7) For the purposes of subsections (4), (5) and (6), a review is completed when the report of the review is given to the Minister under subsection (3).

Recommendations

(8) A report of a review under subsection (1) may set out recommendations to the Commonwealth Government.

(9) In formulating a recommendation that the Commonwealth Government should take particular action, the Climate Change Authority must analyse the costs and benefits of that action.

(10) Subsection (9) does not prevent the Climate Change Authority from taking other matters into account in formulating a recommendation.

(11) A recommendation must not be inconsistent with the objects of this Act.

(12) If a report of a review under subsection (1) sets out one or more recommendations to the Commonwealth Government, the report must set out the Climate Change Authority's reasons for those recommendations.

Government response to recommendations

(13) If a report of a review under subsection (1) sets out one or more recommendations to the Commonwealth Government:

(a) as soon as practicable after receiving the report, the Minister must cause to be prepared a statement setting out the Commonwealth Government's response to each of the recommendations; and

(b) within 6 months after receiving the report, the Minister must cause copies of the statement to be tabled in each House of the Parliament.

(14) The Commonwealth Government's response to the recommendations may have regard to the views of the following:

(a) the Climate Change Authority;

(b) the Regulator;

(c) such other persons as the Minister considers relevant.