Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 143, 2011
Compilation No. 4
Compilation date: 14 September 2022
Includes amendments up to: Act No. 38, 2022
Registered: 20 September 2022
About this compilation
This compilation
This is a compilation of the Climate Change Authority Act 2011 that shows the text of the law as amended and in force on 14 September 2022 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Simplified outline
6 Crown to be bound
7 Extension to external Territories
8 Extension to exclusive economic zone and continental shelf
9 Extension to Greater Sunrise special regime area
Part 2--Climate Change Authority
Division 1--Authority's establishment, functions, powers and liabilities
10 Climate Change Authority
11 Functions of the Authority
12 Authority must have regard to certain principles
13 Powers of the Authority
15 Authority has privileges and immunities of the Crown
Division 2--Membership of the Authority etc.
Subdivision B--Authority members
17 Membership of the Authority
18 Appointment of Authority members
19 Period of appointment for Authority members
20 Acting Authority members
21 Deputy of the Chief Scientist
Subdivision C--Associate Authority members
22 Appointment of associate Authority members
23 Period of appointment for associate Authority members
24 Acting appointments--associate Authority members
Division 3--Terms and conditions for Authority members and associate Authority members
25 Remuneration
26 Disclosure of interests to the Climate Change Minister
28 Outside employment
29 Leave of absence
30 Resignation
31 Termination of appointment
32 Other terms and conditions
Division 4--Decision-making by the Authority
33 Holding of meetings
34 Presiding at meetings
35 Quorum
36 Participation etc. by associate Authority members at meetings
37 Voting at meetings etc.
38 Conduct of meetings
39 Minutes
Division 5--Delegation
40 Delegation by the Authority
Division 6--Chief Executive Officer of the Authority
41 Establishment
42 Role
43 Appointment
44 Acting appointments
45 Outside employment
46 Remuneration
47 Leave
48 Disclosure of interests to the Authority
49 Resignation
50 Termination of appointment
51 Other terms and conditions
Division 7--Staff of the Authority etc.
52 Staff
53 Persons assisting the Authority
54 Consultants
Division 8--Corporate plans
55 Corporate plan
Division 9--Other matters
57 Climate Change Minister may give directions to the Authority
58 CEO not subject to direction by the Authority on certain matters
Part 3--Special reviews
59 Special reviews to be conducted by the Authority at the request of the Climate Change Minister or the Parliament
60 Report of special review
Part 4--Land Sector Carbon and Biodiversity Board
Division 1--Board's establishment and functions
61 Land Sector Carbon and Biodiversity Board
62 Functions of the Board
63 Constitutional limits
Division 2--Membership of the Board
64 Membership of the Board
65 Appointment of Board members
66 Period of appointment for Board members
67 Acting Board members
68 Procedures
69 Disclosure of interests to the Environment Minister and the Agriculture Minister
70 Disclosure of interests to Board
71 Outside employment
72 Remuneration and allowances
73 Leave of absence
74 Resignation
75 Termination of appointment
76 Other terms and conditions
Division 3--Assistance to Board
77 Assistance to Board
Division 4--Committees
78 Committees
79 Remuneration and allowances
80 Assistance to committees
Division 5--Annual report
81 Annual report
Part 5--Miscellaneous
82 Liability for damages
82A Transitional--validity of things done under appointments under section 67
83 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Editorial changes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
143, 2011 | 29 Nov 2011 | s 3 and 10-60: 1 July 2012 (s 2(1) items 2, 4) |
| |
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 3 (items 6-10), Sch 4 (items 3, 4), Sch 5 (items 25-31, 74-77) and Sch 7: 14 Apr 2015 (s 2) | Sch 3 (item 10), Sch 5 (items 74-77) and Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
90, 2015 | 26 June 2015 | Sch 1 (items 40-46): 27 June 2015 (s 2(1) item 1) | Sch 1 (item 46) | |
Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019 | 57, 2019 | 7 Aug 2019 | Sch 1 (items 8, 9): 30 Aug 2019 (s 2(1) item 2) | -- |
38, 2022 | 13 Sept 2022 | Sch 1 (items 23-32): 14 Sept 2022 (s 2(1) item 1) | -- |
Provision affected | How affected |
Part 1 |
|
s 3..................... | am No 90, 2015; No 38, 2022 |
s 4..................... | am No 57, 2019; No 38, 2022 |
s 9..................... | rs No 57, 2019 |
Part 2 |
|
Division 1 |
|
s 10.................... | am No 36, 2015 |
s 11.................... | am No 90, 2015; No 38, 2022 |
s 12.................... | am No 38, 2022 |
| ed C4 |
s 13.................... | rs No 36, 2015 |
s 14.................... | rep No 36, 2015 |
Division 2 |
|
Division 2 heading.......... | rs No 36, 2015 |
Subdivision A............. | rep No 36, 2015 |
s 16.................... | rep No 36, 2015 |
Subdivision B |
|
s 18.................... | am No 38, 2022 |
Subdivision C |
|
s 22.................... | am No 38, 2022 |
Division 3 |
|
s 26.................... | rs No 36, 2015 |
s 27.................... | rep No 36, 2015 |
s 31.................... | am No 36, 2015 |
Division 4 |
|
s 36.................... | am No 36, 2015 |
Division 6 |
|
s 48.................... | rs No 36, 2015 |
s 50.................... | am No 36, 2015 |
Division 8 |
|
Division 8................ | rs No 36, 2015 |
s 55.................... | rs No 36, 2015 |
s 56.................... | rep No 36, 2015 |
Division 9 |
|
s 57.................... | am No 90, 2015; No 38, 2022 |
| ed C4 |
s 58.................... | am No 36, 2015 |
Part 5 |
|
s 82.................... | am No 90, 2015; No 38, 2022 |
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Subparagraph 12(a)(vix)
Kind of editorial change
Change to punctuation and renumbering of provisions
Details of editorial change
Schedule 1 item 29 of the Climate Change (Consequential Amendments) Act 2022 provides as follows:
29 At the end of paragraph 12(a)
Add:
and (viii) take account of the matters set out in Article 2 of the Paris Agreement; and
(vix) boost economic, employment and social benefits, including for rural and regional Australia.
Subparagraph 12(a)(vix) ends in a full stop despite being followed by paragraph (b). Subparagraph 12(a)(vix) also refers to "(vix)" rather than "(ix)".
This compilation was editorially changed to omit the full stop and substitute a semicolon at the end of subparagraph 12(a)(vix) to bring it into line with legislative drafting practice.
This compilation was also editorially changed by renumbering subparagraph 12(a)(vix) as subparagraph 12(a)(ix).
Subsection 57(1) (note 2)
Kind of editorial change
Update to a reference of a law or a provision
Details of editorial change
This compilation was editorially changed to update a reference from Part 6 of the Legislative Instruments Act 2003 to Part 4 of the Legislation Act 2003 in note 2 to subsection 57(1).