Document ID: chunk:federal_register_of_legislation:C2011A00152:clause:2_6
Version: federal_register_of_legislation:C2011A00152
Segment Type: clause
Provision Reference: sch 2 cl 6
Character Range: 10640–13420

6  MOU with Geoscience Australia

Application
(1) This item applies to the Memorandum of Understanding (the MOU) for the Provision of Spatial Information for Solar Resource Mapping Relating to High Solar Prospectivity Regions and Expansion of the Solar Observation Network, entered into on 18 November 2010 between:
 (a) the Commonwealth of Australia as represented by the Department of Resources, Energy and Tourism; and
 (b) the Commonwealth of Australia as represented by Geoscience Australia.

Effect of MOU
(2) Subject to this item, the MOU:
 (a) is taken to be a transferred Commonwealth funding agreement; and
 (b) has effect, after the first transition time, as if it were a contract, for the provision of financial assistance in accordance with the terms of the MOU, entered into between:
 (i) ARENA, as the provider of the assistance; and
 (ii) the Commonwealth, as represented by Geoscience Australia, as the receiver of the assistance.

Provisions of this Schedule that don't apply to the transferred MOU
(3) The following provisions of this Schedule do not apply in relation to the MOU as it has effect because of subitem (2) (the transferred MOU):
 (a) item 3;
 (b) the provisions of Division 1 of Part 4.

Application of ARENA's money
(4) To avoid doubt, ARENA's money may be applied in discharging liabilities under the transferred MOU.

References in transferred MOU
(5) References in the transferred MOU to the Department of Resources, Energy and Tourism (or RET) have effect as if they were references to ARENA.

Transfer of custody of records or documents
(6) Any of the following that are in the custody of the Commonwealth (otherwise than as represented by Geoscience Australia) are, after the first transition time, to be transferred into the custody of ARENA:
 (a) the MOU;
 (b) documents or records relating to the administration of the MOU.
(7) Section 20 of the Commonwealth Authorities and Companies Act 1997 applies in relation to accounting records transferred to ARENA under subitem (6) as if the records were records of ARENA.

Power to modify MOU
(8) At any time before 1 August 2012, the Minister may, for the purpose of ensuring the effective operation of the transferred MOU as a contract between ARENA and the Commonwealth, determine that the transferred MOU has effect subject to specified modifications. A determination must be in writing and has effect in accordance with its terms.
(9) A determination under subitem (8) is not a legislative instrument.

Parties may vary or terminate transferred MOU
(10) This item does not, by implication, prevent ARENA and the Commonwealth from varying the transferred MOU (including as modified under subitem (8)) or terminating it.

Division 2—Transfer from ASI Limited to ARENA and the Commonwealth