Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 104, 2012
Compilation No. 3
Compilation date: 24 June 2023
Includes amendments up to: Act No. 29, 2023
Registered: 28 June 2023
About this compilation
This compilation
This is a compilation of the Clean Energy Finance Corporation Act 2012 that shows the text of the law as amended and in force on 24 June 2023 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Object
5 Crown to be bound
6 Extension to external Territories
7 Extra-territorial application
Part 2--Clean Energy Finance Corporation
8 Establishment
9 Corporation's functions
10 Constitutional limits
11 Corporation's powers
12 Corporation does not have privileges and immunities of the Crown
Part 3--Board of Corporation
Division 1--Establishment and functions
13 Establishment
14 Functions of the Board
Division 2--Board Members
15 Membership
16 Appointment of Board members
17 Chair
18 Term of appointment
19 Acting appointments
20 Remuneration
21 Leave of absence
22 Resignation of Board members
23 Termination of appointment of Board members
24 Other terms and conditions of Board members
Division 3--Meetings of the Board
25 Convening meetings
26 Presiding at meetings
27 Quorum
28 Voting at meetings
29 Conduct of meetings
30 Minutes
31 Decisions without meetings
Part 4--Chief Executive Officer, staff and consultants and committees
Division 1--Chief Executive Officer of Corporation
32 Establishment
33 Functions of the CEO
34 Appointment
35 CEO holds office during Board's pleasure
36 Acting appointments
37 Terms and conditions
38 Outside employment
39 Disclosure of interests
40 Resignation
Division 2--Staff and consultants
41 Staff
42 Consultants
Division 3--Committees
43 Committees
44 Remuneration and allowances
Part 5--Financial arrangements
Division 1--Clean Energy Finance Corporation Special Account
Subdivision A--Establishment of Account
45 Establishment of Account
Subdivision B--Credits
46 Credits to the Account
Subdivision C--Debits
47 Purposes of the Account
48 Corporation's request for a payment for itself
49 Nominated Minister's authorisation of payment to Corporation
50 Corporation's request for a payment for ARENA
51 Nominated Minister's authorisation of payment to ARENA
52 Agreement between nominated Minister and Corporation
Division 2--The Corporation's money
53 Application of the Corporation's money
54 Managing surplus money
55 Borrowing
56 Receipt of gifts
57 Taxation
Part 6--Investment function
Division 1--Investment function
61 Australian-based investments
Division 2--Performance of investment function
65 Limits on Investment Mandate
66 Board to be consulted on Investment Mandate
67 Compliance with Investment Mandate
68 Investment policies
69 Guarantees
70 Derivatives
Part 7--Miscellaneous
71 Matters relating to subsidiaries
72 Publication of investment reports
73 Publication of reports etc.
74 Extra matters to be included in annual report
75 Disclosure of official information
77 Delegation by nominated Minister
78 Delegation by Corporation
79 Delegation by Board
80 Delegation and subdelegation by CEO
81 Review of operation of Act
82 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
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 |
104, 2012 | 22 July 2012 | s 3-82: 3 Aug 2012 (s 2(1) item 2) |
| |
Public Governance and Resources Legislation Amendment Act (No. 1) 2017 | 92, 2017 | 23 Aug 2017 | Sch 2 (items 51-66) and Sch 4: 23 Aug 2017 (s 2(1) item 1) | Sch 4 |
38, 2022 | 13 Sept 2022 | Sch 1 (items 16-18): 14 Sept 2022 (s 2(1) item 1) | -- | |
Treasury Laws Amendment (2022 Measures No. 4) Act 2023 | 29, 2023 | 23 June 2023 | Sch 8: 24 June 2023 (s 2(1) item 5) | -- |
Provision affected | How affected |
Part 1 |
|
s 3..................... | am No 38, 2022 |
s 4..................... | am No 92, 2017; No 38, 2022; No 29, 2023 |
Part 2 |
|
s 8..................... | am No 92, 2017 |
s 10.................... | rs No 38, 2022 |
Part 3 |
|
Division 2 |
|
s 23.................... | am No 92, 2017 |
Division 3 |
|
s 27.................... | am No 92, 2017 |
Part 4 |
|
Division 1 |
|
s 39.................... | rs No 92, 2017 |
Part 5 |
|
Division 1 |
|
Subdivision A |
|
s 45.................... | am No 92, 2017 |
Subdivision B |
|
s 46.................... | am No 29, 2023 |
Division 2 |
|
s 53.................... | am No 92, 2017 |
s 54.................... | am No 29, 2023 |
s 55.................... | am No 92, 2017 |
Part 6 |
|
Division 1 |
|
s 59.................... | ed C2 |
Division 2 |
|
s 63.................... | ed C2 |
s 66.................... | ed C2 |
Part 7 |
|
s 73.................... | am No 92, 2017 |
s 74.................... | am No 92, 2017 |
s 76.................... | am No 29, 2023 |