A federal coalition government won't be able to immediately stop clean energy grants being paid out without amending legislation, the Australian Greens say.
Opposition Leader Tony Abbott has said if the coalition wins the election on Saturday it will order the Clean Energy Finance Corporation (CEFC) to stop paying out grants and then abolish the $10 billion fund.
But Greens Leader Christine Milne has received advice from the Clerk of the Senate showing Mr Abbott and finance spokesman Andrew Rodd can't stop the corporation carrying out its work without the parliament amending legislation.
"Mr Abbott and Mr Robb are arrogantly assuming they can usurp the role of the parliament to direct the CEFC to halt its legislative function. They can't," Senator Milne told the National Press Club.
"Only the parliament can repeal the carbon price and only the parliament can stop the roll out of renewable energy by the CEFC."
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She said that was why voters should support the Greens on election day.
"We will protect the environment, address global warming and continue Australia's path to a clean energy economy," she said in Canberra on Wednesday.
Senate clerk Rosemary Laing said in her written advice a minister could decline to authorise payments to the CEFC "and so starve them of funds".
"However, a minister who declined to carry out a statutory function ... contrary to the will of the parliament, would risk serious legal consequences, in addition to any legal action that could arise if lack of funding led to defaulting on specific contracts," she wrote.
"It seems unlikely, in my view, that any government would contemplate such a course of action.
"A legislative response, therefore, would appear to be both more likely and necessary under a system of responsible government."
Senator Milne also said the 2013 election campaign had avoided the issues that really mattered to voters - like families, the environment and communities.
"What's interesting about this election is not what has been debated, it is what has actually been left out of the debates," she said.
"We've been standing up for what matters ... it's caring for people, it's caring for the environment."
A coalition spokesman said the CEFC was being funded purely from borrowed money.
"What's more, it was introduced with no electoral mandate as a sop to the Greens for supporting the carbon tax, which incidentally was forced on the Australian people based on a lie," the spokesman said.
"Now Senator Milne says even if the coalition is fortunate enough to secure a mandate from the Australian people for its program this Saturday, the Greens will simply thumb their nose at it."
