Commonwealth Coat of Arms of Australia

Electricity Infrastructure Legislation Amendment Act 2025

No. 13, 2025

An Act to amend legislation relating to electricity infrastructure, and for related purposes

[Assented to 20 February 2025]

The Parliament of Australia enacts:

This Act is the Electricity Infrastructure Legislation Amendment Act 2025.

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this Act	The day this Act receives the Royal Assent.	20 February 2025

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment relating to certain regulations

Offshore Electricity Infrastructure Act 2021

1 At the end of Part 2 of Chapter 8

Add:

310 Application of amendments made by the Offshore Electricity Infrastructure Amendment (Overlapping Applications) Regulations 2024

Despite section 165 of the Offshore Electricity Infrastructure Regulations 2022, the amendments made by Schedule 1 to the Offshore Electricity Infrastructure Amendment (Overlapping Applications) Regulations 2024 (the amending regulations) apply to an application for a feasibility licence made before the commencement of the amending regulations as well as to an application made on or after the commencement of the amending regulations.

Note: The provisions of the Offshore Electricity Infrastructure Regulations 2022 (the principal regulations) amended by the Offshore Electricity Infrastructure Amendment (Overlapping Applications) Regulations 2024, and any other provisions of the principal regulations, may be amended or repealed by an instrument made under section 305 of this Act (see subsection 13(5) of the Legislation Act 2003).

Schedule 2—Capacity Investment Scheme Program

Climate Change Act 2022

1 After Part 4

Add:

Part 4A—Capacity Investment Scheme

15B Simplified outline of this Part

The Capacity Investment Scheme Program must be implemented to achieve at least 23 gigawatts of renewable generation capacity and at least 9 gigawatts of clean dispatchable capacity.

15C Administration of the Capacity Investment Scheme Program

(1) If, at the commencement of this subsection, the Capacity Investment Scheme Program is prescribed by legislative instrument under subsection 33(1) of the Industry Research and Development Act 1986, then:

(a) the Commonwealth must make, vary or administer arrangements in relation to the carrying out of activities by one or more persons under the Capacity Investment Scheme Program; and

(b) those arrangements must result in, by the end of 2030:

(i) at least 23 gigawatts of renewable generation capacity; and

(ii) at least 9 gigawatts of clean dispatchable capacity.

Note: The arrangements referred to in this subsection may include arrangements made, varied or administered before the commencement of this subsection.

(2) If advice of the Climate Change Authority under subsection 14(1) indicates a material risk to the achievement of subsection (1), the Minister’s Annual Climate Change Statement under section 12 must provide a response to that advice.

15D Amendment of the Capacity Investment Scheme Program

(1) An instrument made under subsection 33(1) of the Industry Research and Development Act 1986 (the amending instrument), that varies or revokes another instrument made under that subsection that prescribes the Capacity Investment Scheme Program, does not come into effect until the amending instrument has been approved by a resolution of each House of the Parliament.

(2) To avoid doubt, subsection (1) does not apply to an instrument made under subsection 33(1) of the Industry Research and Development Act 1986 that varies or revokes another instrument made under that subsection if that other instrument does not prescribe the Capacity Investment Scheme Program.

[Minister’s second reading speech made in—

House of Representatives on 5 February 2025

Senate on 13 February 2025]

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