161 Appointment and conduct of review panel

(1)

If the Minister appoints a review panel under section 160, the Minister must—

(a)

ensure that there are a minimum of 3 and a maximum of 7 members; and

(b)

ensure that the majority of the members are not employees under the Public Service Act 2020; and

(c)

consider whether the members have, in the Minister’s opinion, the appropriate knowledge, skill, and experience to conduct the review, including knowledge, skill, and experience of—

(i)

this Act; and

(ii)

international climate change obligations and any other relevant international agreement; and

(iii)

the operation of the emissions trading scheme, including its environmental, social, and economic effects; and

(d)

appoint 1 member as the chairperson of the panel.

(2)

The Minister must, by written notice to the panel, specify the terms of reference for the review to be conducted by the panel.

(3)

A review panel must complete a draft report on the review and provide the report to the Minister by the date set out in the terms of reference.

(4)

The review panel must—

(a)

allow the Minister at least 10 working days within which to respond to and comment on the contents of the draft report; and

(b)

after considering the Minister’s response and comments (if any), prepare a final report and provide it to the Minister by the date set out in the terms of reference.

(5)

In conducting a review, the review panel—

(a)

must establish a procedure that is appropriate, fair in the circumstances, and in accordance with the terms of reference for the review; and

(b)

must consult persons (or their representatives) that appear to the panel likely to have an interest in the review; and

(c)

may call for submissions.

Section 161: substituted, on 8 December 2009, by section 56 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 161(1): amended, on 1 January 2013, by section 62(1) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Section 161(1): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 161(1)(b): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 161(1)(c)(ii): replaced, on 23 June 2020, by section 134(1) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 161(1)(c)(iii): amended, on 23 June 2020, by section 134(2) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 161(3): replaced, on 1 January 2013, by section 62(2) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Section 161(4)(b): amended, on 1 January 2013, by section 62(3) of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).