Document ID: chunk:federal_register_of_legislation:F2023L01671:clause:2_17
Version: federal_register_of_legislation:F2023L01671
Segment Type: clause
Provision Reference: sch 2 cl 17
Character Range: 22067–24332

17  Relationship with other Commonwealth entities and other persons and bodies
 (1) Before making an Investment Decision, the Facility must, in relation to the proposed Investment Decision, consult:
 (a) the Department; and
 (b) any other Commonwealth entities or any other person or body the Department notifies the Facility should be consulted.
 (2) Where an Investment Decision would provide financial assistance greater than $250 million in aggregate, the Facility must consult Infrastructure Australia in relation to the public benefit analysis of the Project.
 (3) The Facility will work with the Department and the Finance Department to ensure that, subject to commercial confidentiality, advice provided to Government addresses the effectiveness of the Facility and its projects in meeting the Government Policy Priorities.
 (4) Where it would be practical and appropriate, in the reasonable opinion of the Facility, in order to facilitate the performance of the Facility's functions, the Facility must seek to cooperate and collaborate with other Commonwealth entities, and with any State entities, that are able to support it in the performance of its functions.
 (5) To avoid doubt, subsection (4) does not oblige the Facility to consult any Commonwealth entity or State entity in relation to a project (whether or not the project is the subject of an Investment Proposal or an Investment Decision) either before or after the Facility makes a decision whether to offer financial assistance for the project.
  (6) Without limitation, for the purposes of this section, Commonwealth entities include but are not limited to the following:
 (a) the Australian Renewable Energy Agency;
 (b) the Clean Energy Finance Corporation;
 (c) Export Finance Australia;
 (d) Housing Australia;
 (e) the Regional Investment Corporation;
 (f) the National Reconstruction Fund Corporation;
 (g) the Net Zero Economy Agency.
 (7) For this section, each of the following is a State entity:
 (a) a State;
 (b) a body corporate established for a public purpose by or under a law of a State.
 (8) Where the Net Zero Economy Agency has engaged with the Facility on opportunities that support the transition to net zero emissions, the Facility will consider those opportunities.