Western Australia
Water Services Coordination Act 1995
Reprinted as at 28 July 2000
Reprinted under the Reprints Act 1984 as at 28 July 2000
Water Services Coordination Act 1995
CONTENTS
Part 1 — Preliminary
1.Short title2
2.Commencement2
3.Interpretation2
Part 2 — Coordinator of Water Services
4.Coordinator of Water Services4
5.Coordinator’s functions4
6.Staff5
7.Delegation5
8.Minister may give directions6
9.Minister to have access to information6
Part 3 — Licensing of water services providers
Division 1 — Controlled areas
10.Controlled areas, classification8
11.Declaration of controlled areas8
12.Areas need not be continuous9
13.Consultation9
14.Orders to be laid before Parliament9
Division 2 — Classification of licences
15.Classification of operating licences9
16.Operating licence, area to which applies9
Division 3 — Licensing requirements
17.Licensing extends to statutory providers10
18.Requirement for licences10
19.Power to exempt11
20.Notice of intention to provide water services11
21.Transitional provision11
Division 4 — Licence application, grant etc.
22.Application for licence12
23.Matters to be considered by Coordinator13
24.Terms and conditions of licences13
25.Duration of licence13
26.Gazettal14
27.Licences to be available for inspection14
28.Renewal of licence14
29.Other laws not affected14
30.Licence not transferable15
31.Amendment of licence15
Division 5 — Duty to provide services
32.General duty to provide services15
33.Duty in individual cases16
34.Prerequisite to making regulations referred to in section 3317
35.Interruption etc. of water service17
Division 6 — Other duties included in licences
36.Asset management system17
37.Operational audit18
38.Technical standards18
Division 7 — Enforcement
39.Failure to comply with licence19
40.Right of licensee to make submissions19
41.Exception where public health endangered20
42.Cancellation of licence20
43.Minister to be informed21
Division 8 — Appeal
44.Appeal against Coordinator’s decision21
Division 9 — Powers of licensees, other than Corporation
45.Extension of certain enactments to licensees22
46.Parliamentary disallowance23
Division 10 — Transfer of certain assets on land not held by the statutory asset owner
46A. Definitions23
46B. Minister may make order for transfer of assets24
46C. Transfer of assets etc.26
46D. Transferor to complete necessary transactions27
46E. Exemption from stamp duty28
46F. Assets no longer required28
46G. Notation on title to affected land29
46H. Rectifying omission from transfer order30
46I. Saving31
46J. Regulations31
Division 11 — Licensee operating with holding body
46K. Coordinator may approve of licensee operating with holding body32
46L. Licensee to be treated as holder of assets for certain purposes32
46M. Certain enactments can be applied to holding body33
Part 4 — Inspectors
47.Designation of inspectors34
48.Certificates of designation34
49.Powers of inspection etc.34
50.Incriminating statements35
51.Inspector may be accompanied36
52.Inspector to comply with reasonable requests36
53.Power to prohibit use etc.36
54.Appeal37
55.Offences37
Part 5 — Obtaining of information by Coordinator
56.Coordinator may require information to be given38
57.Trade secrets39
58.Obligation to comply with request39
Part 5A — Licensing of plumbers and related matters
Division 1 — Plumbers Licensing Board
59.Board established40
59A.Membership of Board40
59B.Functions of Board40
59C.Powers of Board41
59D.Delegation41
59E.Minister may give directions41
59F.Minister to have access to information42
59G.Use of government staff, etc.44
59H.Application of Financial Administration and Audit Act 198544
Division 2 — Regulations
59I.Definitions45
59J.Regulations45
59K.Offences against regulations45
59L.Adoption of other laws, codes etc.46
Part 6 — General
60.Establishment of committees47
60A.Protection from liability47
60B.Confidentiality48
61.Regulations49
62.Review49
Schedule 1 — Licence terms and conditions
Schedule 2 — Enactments that may apply to licensees, other than the Corporation
Schedule 3 — Purposes for which, or matters about which, regulations may be made
Notes
Defined Terms
Reprinted under the Reprints Act 1984 as at 28 July 2000
Western Australia
Water Services Coordination Act 1995
An Act to establish a scheme for the licensing of water services, to provide for a public officer —
·to administer the licensing scheme;
·to coordinate and advise on water services policy; and
·to perform functions under certain written laws relating to the provision of water services,
to confer powers, to establish a Board with functions related to the licensing of plumbers, to provide for regulation making powers in respect of the Board, licensing matters and the carrying out of plumbing work and to make related provisions.
[Long title amended by No. 39 of 1999 s.4.]
Part 1 — Preliminary
This Act may be cited as the Water Services Coordination Act 1995 1.
This Act comes into operation on the day on which Part 2 of the Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995 comes into operation, that is, on the day fixed by proclamation made under section 2(2) of that Act 1.
In this Act, unless the contrary intention appears —
“Board” means the Plumbers Licensing Board established by section 59;
“controlled area” means an area for the time being constituted as such under section 11(1);
“Coordinator” means the Coordinator of Water Services referred to in section 4;
“department” means the department of the Public Service principally assisting the Minister in the administration of this Act;
“inspector” means the Coordinator or a person designated as an inspector under section 47;
“irrigation” means any method of —
(a)causing water from a watercourse, water services works or an artificial collection of water to flow upon and spread over land; or
(b)applying water to land from a watercourse, water service works or an artificial collection of water,
for the purpose of cultivation of any kind or of tillage or improvement of pasture;
“licence” —
(a)in Schedule 3, means a licence under the regulations; and
(b)otherwise, means an operating licence;
“licensee” means the holder of an operating licence;
“operating licence” means a licence granted for the purposes of section 18;
“plumber” means a person who carries out plumbing work as defined in section 59I;
“watercourse” means —
(a)any river, creek, stream or brook, whether artificially improved or altered or not;
(b)any conduit that wholly or partially diverts a river, creek, stream or brook from its natural course and forms part of that river, creek, stream or brook; or
(c)any natural collection of water into, through, or out of which any thing referred to in paragraph (a) or (b) flows, whether artificially improved or altered or not,
in which water flows or is contained whether permanently, intermittently or occasionally, together with the bed and banks of any thing referred to in paragraph (a), (b) or (c);
“water services” means water supply, sewerage, irrigation or drainage services;
“water services works” includes —
(a)waterworks, sewerage works, drainage works and irrigation works;
(b)excavations, structures, buildings, equipment and plant used or intended to be used for the provision of any water services; and
(c)except where the context otherwise requires, land upon which water services works are constructed or provided.
[Section 3 amended by No. 39 of 1999 s.5.]
Part 2 — Coordinator of Water Services
4.Coordinator of Water Services
A Coordinator of Water Services is to be appointed under Part 3 of the Public Sector Management Act 1994.
The functions of the Coordinator are —
(a)to administer the licensing scheme provided for by Part 3 and to perform the other functions vested in the Coordinator by this Act or any other written law;
(b)to assist the Minister in planning and coordinating the provision of water services in the State;
(c)to advise the Minister on all aspects of policy relating to water services, including —
(i)the water services needs of the State;
(ii)the introduction and encouragement of competition and efficiency in the water services industries;
(iii)ways of promoting and achieving open access to water services systems;
(iv)ways of achieving greater efficiency in the use of water;
(v)the use of water services policy to assist in achieving other policy objectives of government;
(vi)matters relating to the operation of relevant legislation; and
(vii)charges levied for the provision of water services;
(d)for the purposes of paragraphs (b) and (c) —
(i)to monitor the performance of water services industries, and those participating in them, and of providers of water services; and
(ii)to consult with interested groups and persons;
(e)to undertake, sponsor and coordinate research, development and demonstration relating to water services;
(f)to promote the development of commercial applications relating to —
(i)water of all descriptions including storm water and wastewater; and
(ii)by‑products from the treatment of wastewater;
and
(g)to produce and publish information and reports on matters relating to water services.
Public service officers may be appointed or made available under Part 3 of the Public Sector Management Act 1994 to enable the Coordinator to perform his or her functions.
(1)The Coordinator may, by instrument in writing, delegate the performance of any of his or her functions, except this power of delegation.
(2)A delegation under subsection (1) may be made —
(a)to an officer referred to in section 6; or
(b)with the approval of the Minister, to any other person.
(3)A delegation may be general or as otherwise provided by the instrument of delegation.
(4)A delegate performing a function under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5)A delegate remains subject to the direction and control of the delegator.
(6)Performance of a function by a delegate is to be treated as performance by the delegator.
8.Minister may give directions
(1)The Minister may give directions in writing to the Coordinator with respect to the performance of his or her functions, either generally or in relation to a particular matter, and the Coordinator is to give effect to any such direction.
(2)The text of any direction given under subsection (1) is to be —
(a)laid before each House of Parliament within 14 sitting days of that House after the direction is given; and
(b)included in the annual report submitted by the relevant accountable officer under section 62 of the Financial Administration and Audit Act 1985.
9.Minister to have access to information
(1)The Minister is entitled —
(a)to have information in the possession of the Coordinator; and
(b)where the information is in or on a document, to have, and make and retain copies of, that document.
(2)For the purposes of subsection (1) the Minister may —
(a)request the Coordinator to furnish information to the Minister;
(b)request the Coordinator to give the Minister access to information; and
(c)for the purposes of paragraph (b) make use of the staff referred to in section 6 to obtain the information and furnish it to the Minister.
(3)The Coordinator is to comply with a request under subsection (2) and make staff and facilities available to the Minister for the purposes of paragraph (c) of that subsection.
(4)In this section —
“document” includes any tape, disc or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise;
“information” means information specified, or of a description specified, by the Minister that relates to the functions of the Coordinator.
Part 3 — Licensing of water services providers
Division 1 — Controlled areas
10.Controlled areas, classification
(1)Controlled areas are classified as follows —
(a)controlled area (water supply services);
(b)controlled area (sewerage services);
(c)controlled area (irrigation services); or
(d)controlled area (drainage services).
(2)A controlled area is to be designated by reference to one or more of the classifications specified in subsection (1).
(3)An area of the State may at the same time be included in 2 or more categories of controlled areas but the boundaries of those controlled areas need not be coterminous.
11.Declaration of controlled areas
(1)The Governor may by order published in the Government Gazette —
(a)constitute an area as a controlled area;
(b)add an area to, or excise an area from, a controlled area; or
(c)cancel the status of an area as a controlled area.
(2)An order is not to be made under subsection (1) excising an area from a controlled area or cancelling the status of an area as a controlled area unless the Governor is satisfied that water services provided in the area in question will not, after the excision or cancellation, be of a lower standard than those provided in that area before the excision or cancellation.
12.Areas need not be continuous
A controlled area may be one continuous area or be made up of 2 or more separate areas.
Where it is proposed that an order be made under section 11, the Minister must, before the order is made, consult with any licensee who will be affected by the proposed order.
14.Orders to be laid before Parliament
An order under section 11 is to be laid before each House of Parliament under section 42 of the Interpretation Act 1984 and that section applies as if the order were a regulation.
Division 2 — Classification of licences
15.Classification of operating licences
(1)Operating licences are classified as follows —
(a)operating licence (water supply services);
(b)operating licence (sewerage services);
(c)operating licence (irrigation services); or
(d)operating licence (drainage services).
(2)An operating licence is to be designated by reference to one or more of the classifications specified in subsection (1).
16.Operating licence, area to which applies
(1)An operating licence that has a particular designation, whether solely or together with any other designation, is to apply to an area that has a corresponding designation under section 10, whether solely or together with any other designation.
(2)For example —
(a)an operating licence (water supply services) is only to apply to an area that is designated under section 10 as a controlled area (water supply services); and
(b)an operating licence (water supply services and sewerage services) is only to apply in respect of each of those services to an area that is designated under section 10 for that service.
(3)If an operating licence is designated by reference to more than one classification the boundaries of the controlled areas to which it applies need not be coterminous.
Division 3 — Licensing requirements
17.Licensing extends to statutory providers
The requirements of this Division apply to a person despite the fact that the person, in providing a water service, is performing a function that —
(a)is authorised or provided for by or under a written law; or
(b)has been approved by the Governor or any other person under a written law.
(1)A person must not provide a water service in a controlled area or part of a controlled area except under the authority of an operating licence granted by the Coordinator that applies to that area or that part of the area.
Penalty: $100 000 and a daily penalty of $5 000.
(2)An operating licence may specify the water services works that are to be undertaken, used or operated for the provision of water services, and those works may be situated outside the controlled area for that licence.
(1)The Governor may by order published in the Government Gazette provide for exemptions from section 18(1).
(2)Section 43(4) and (7) to (9) of the Interpretation Act 1984 applies to an order under subsection (1) as though the order were subsidiary legislation.
20.Notice of intention to provide water services
(1)A person must not provide any water service in any part of the State that is not a controlled area designated under section 10 for that classification of water service unless the person has given the required notice to the Coordinator.
(2)The required notice is that at least 3 months before the provision of the water service commences the person give to the Coordinator notice in writing of the person’s intention to commence the provision of that service.
Penalty: $10 000.
(1)This section applies to every person (an “existing operator”) that immediately before the commencement of this Part is doing anything that, after that commencement, is required to be licensed under section 18.
(2)An existing operator is to be treated as if the person were the holder of the relevant operating licence —
(a)until the expiry of 120 days after the commencement of this Part; or
(b)until —
(i)the grant of a licence of that kind to the person has been refused; and
(ii)the time for appeal against the refusal under section 44 has expired without an appeal being brought or an appeal has been brought but has been unsuccessful,
whichever happens first.
(3)For the purposes of subsection (2)(b)(ii) an appeal is unsuccessful if it —
(a)results in the refusal referred to in paragraph (b)(i) of that subsection being confirmed; or
(b)is withdrawn, discontinued or dismissed.
Division 4 — Licence application, grant etc.
(1)An application for a licence is to be —
(a)made in a form approved by the Coordinator; and
(b)accompanied by the prescribed fee.
(2)Without limiting subsection (1)(a), an applicant for a licence is to inform the Coordinator of —
(a)the nature of the business activities undertaken or to be undertaken by the applicant;
(b)where, if a licence is granted, the applicant will have power to determine prices or charges, the methods or principles that the applicant proposes to apply in doing so;
(c)the methods or principles that the applicant proposes to apply in the provision of water services;
(d)the nature of the construction, operation or maintenance of water services works undertaken or to be undertaken to provide water services; and
(e)the terms and conditions of any proposed standard customer contract between the applicant and any purchaser of water services from the applicant.
(3)The applicant must also provide such other information (including information as to surveys carried out) as the Coordinator may require for the proper consideration of the application.
23.Matters to be considered by Coordinator
The Coordinator is not to grant a licence to the applicant unless he or she is satisfied that the applicant has, and is likely to continue to have, the financial and technical ability to provide the water services that will be covered by the licence.
24.Terms and conditions of licences
(1)A licence is subject to such terms and conditions as are determined by the Coordinator.
(2)Without limiting subsection (1) the terms and conditions may include provisions relating to any matter provided for by Schedule 1.
(3)Despite subsections (1) and (2) conditions relating to any matter referred to in paragraph (d), (e), (j)(i) or (iii) or (m) of Schedule 1 cannot be included in a licence granted to —
(a)the Water Corporation established by section 4 of the Water Corporation Act 1995; or
(b)a Water Board constituted under the Water Boards Act 1904.
(4)A requirement made under paragraph (c) of Schedule 1 must not be inconsistent with any enactment that regulates the financial administration of the Water Corporation or a Water Board.
A licence may be granted or renewed for such period as the Coordinator thinks fit, but the period cannot exceed 25 years from the day of grant or renewal of the licence.
(1)The Coordinator must ensure that notice of the grant of a licence is published in the Government Gazette as soon as is practicable after the grant.
(2)The notice is to include —
(a)the classification of the licence;
(b)the name of the licensee;
(c)the term of the licence;
(d)the area or areas covered by the licence; and
(e)the place where a copy of the licence and any plan may be inspected under section 27.
27.Licences to be available for inspection
The Coordinator is to keep available at the Coordinator’s office for inspection by members of the public during normal office hours —
(a)a copy of every licence, as in force from time to time; and
(b)if any area covered by a licence is specified by reference to a plan, a copy of the plan.
An application for the renewal of a licence is to be —
(a)made in a form approved by the Coordinator; and
(b)accompanied by the prescribed fee.
The grant of a licence does not affect the licensee’s obligations to comply with any other written law in relation to the matters covered by the licence.
A licence is not transferable.
(1)The Coordinator may determine that a licence is to be amended.
(2)If the licence specifies a procedure to be followed in making such a determination, the determination may only be made in accordance with that procedure.
(3)An amendment cannot take effect until it is notified to the licensee under subsection (4) or under the procedure referred to in subsection (2).
(4)If a licence is amended under this section the Coordinator must —
(a)if subsection (2) does not apply, notify the licensee of the amendment; and
(b)ensure that notice is published in the Government Gazette indicating the nature of the amendment and the place where a copy of the licence may be inspected under section 27.
(5)This section applies to the substitution of a new licence for an existing licence in the same way as it applies to the amendment of a licence.
Division 5 — Duty to provide services
32.General duty to provide services
(1)It is a condition of every licence that, subject to this Division, the licensee is to —
(a)provide the water services; and
(b)undertake, maintain and operate any water services works,
specified in the licence.
(2)Subsection (1) does not affect the protection given to the Water Corporation by section 27(5) of the Water Corporation Act 1995.
(3)The Governor may by order published in the Government Gazette provide for exemptions from subsection (1).
(4)Section 43(4) and (7) to (9) of the Interpretation Act 1984 applies to an order under subsection (3) as though the order were subsidiary legislation.
(1)Subject to section 34, regulations made under section 61 may —
(a)prescribe standards of performance that are to be achieved in individual cases in the provision of water services; and
(b)provide that if a licensee fails to meet such a standard, the licensee is to pay a prescribed amount to any person affected by the failure who comes within a prescribed description.
(2)The regulations may —
(a)include a requirement for a licensee, in prescribed circumstances, to inform a person of his or her rights under the regulations;
(b)provide for any dispute under the regulations to be referred to the Coordinator for determination;
(c)make provision for the procedure to be followed in connection with any such reference and for the enforcement of the Coordinator’s determination; and
(d)provide for exemptions from the requirements of the regulations.
(3)Regulations referred to in subsection (1) are to have effect despite section 27(5) of the Water Corporation Act 1995.
34.Prerequisite to making regulations referred to in section 33
Regulations of the kind described in section 33(1) are not to be made or amended unless the Minister has furnished to the Governor a certificate that —
(a)a copy of, and a statement of reasons for, the proposed regulations or amendment have been served on each existing licensee that will be affected if the proposal is carried into effect;
(b)a reasonable opportunity has been given to each such licensee to make submissions on the proposal; and
(c)the Minister has considered any submissions so made.
35.Interruption etc. of water service
(1)This section has effect despite any provision in this Division or in regulations referred to in section 33.
(2)A licensee may interrupt, suspend or restrict the provision of a water service if in the licensee’s opinion it is necessary to do so because of an accident, emergency, potential danger or other unavoidable cause.
(3)A licensee is not liable for any loss or damage that arises from any such interruption, suspension or restriction except to the extent that an agreement to which the licensee is a party provides otherwise.
Division 6 — Other duties included in licences
(1)It is a condition of every licence that the licensee is to —
(a)provide for an asset management system in respect of the licensee’s assets;
(b)notify details of the system and any changes to it to the Coordinator; and
(c)not less than once in every period of 24 months (or such longer period as the Coordinator allows) calculated from the commencement of this section, provide the Coordinator with a report by an independent expert acceptable to the Coordinator as to the effectiveness of the system.
(2)An asset management system is to set out the measures to be taken by the licensee for the proper maintenance of assets used in the provision of water services and for the undertaking, maintenance and operation of water services works.
(1)It is a condition of every licence that the licensee is to, not less than once in every period of 24 months (or such longer period as the Coordinator allows) calculated from the commencement of this section, provide the Coordinator with an operational audit conducted by an independent expert acceptable to the Coordinator.
(2)An operational audit is an audit of the effectiveness of measures taken by the licensee to maintain any quality and performance standards referred to in the licence.
(3)The Coordinator is to present to the Minister a report on each operational audit within one month after his or her receipt of the audit.
(1)The Coordinator may, by instrument published in the Government Gazette, set minimum technical standards (“technical standards”) for —
(a)the provision of water services; and
(b)the undertaking, maintenance and operation of water services works.
(2)It is a condition of every licence that the licensee is to comply with the technical standards.
(3)Sections 9, 10, 15, 43(4) and 43(7) to (9) of the Interpretation Act 1984 apply to the technical standards as if they were regulations.
Division 7 — Enforcement
39.Failure to comply with licence
(1)If, in the opinion of the Minister, a licensee contravenes an operating licence, the Minister may cause a notice to be served on the licensee requiring the licensee to rectify the contravention within a specified period.
(2)If, in the opinion of the Minister, a licensee has failed to comply with a notice under subsection (1) the Minister may, subject to section 40, do one or more of the following —
(a)serve a letter of reprimand on the licensee;
(b)order the licensee to pay a monetary penalty fixed by the Minister but not exceeding $100 000;
(c)cause the contravention to be rectified to the satisfaction of the Minister.
(3)Persons authorised by the Minister may enter any premises and do all things that are necessary for the purposes of subsection (2)(c).
(4)The Minister may recover —
(a)a penalty imposed under subsection (2)(b); or
(b)the costs and expenses of any action taken under subsection (2)(c),
in a court of competent jurisdiction as a debt due by the licensee to the Crown.
40.Right of licensee to make submissions
The Minister is not to take any action under section 39(2)(b) or (c) unless he or she has notified the licensee of the proposed action and given the licensee a reasonable opportunity of making submissions on the matter.
41.Exception where public health endangered
If in the opinion of the Minister the health or safety of members of the public is or may be at risk, the Minister may cause any contravention of a licence to be rectified under section 39(2)(c) without —
(a)serving notice on the licensee under section 39(1); or
(b)complying with section 40.
(1)The Governor may cancel a licence if he or she is satisfied that the licensee —
(a)has failed to comply with the condition imposed by section 32 or is otherwise in default as defined in subsection (2);
(b)in the case of a company, is an externally administered corporation within the meaning of the Corporations Law; or
(c)has within a period of 12 months been convicted of more than 3 offences for which the prescribed punishment is a fine of $10 000 or more or imprisonment for 12 months or more.
(2)For the purposes of subsection (1)(a) a licensee is in default if the Governor is satisfied that —
(a)the licensee has failed to comply with a term or condition of the licence, other than that imposed by section 32;
(b)the failure is material in terms of the operation of the licence as a whole;
(c)the Minister has given to the licensee written notice of the failure and the fact that in the Minister’s opinion paragraph (b) applies to it; and
(d)the licensee has not, within the time specified in the notice, either remedied the failure or shown cause why the licence should not be cancelled.
(3)If a licence is cancelled under this section the Coordinator must ensure that notice of the cancellation is published in the Government Gazette.
(4)Regulations may be made under section 61 providing, in the event of a licence being cancelled, for —
(a)the vesting of assets and rights of the former licensee in a person (including the Minister as a corporation) for the purpose of enabling water services to be provided after the cancellation;
(b)the conferral of powers and duties for that purpose;
(c)the discharge or assignment of liabilities;
(d)the disposal of property; and
(e)all matters that are necessary or convenient for dealing with the consequences of the cancellation and the vesting referred to in paragraph (a).
The Coordinator is to —
(a)monitor and report to the Minister on compliance by licensees with their licences;
(b)inform the Minister about any failure by a licensee to meet operational standards or other requirements of the licence; and
(c)provide advice to the Minister for the purposes of section 39.
Division 8 — Appeal
44.Appeal against Coordinator’s decision
(1)A person who is aggrieved by a decision of the Coordinator —
(a)to refuse to grant or renew a licence;
(b)as to the length of the period for which a licence is granted or renewed;
(c)as to any term or condition of a licence; or
(d)to amend a licence under section 31,
may appeal to the Minister against the decision within 30 days after receiving notice in writing of the decision from the Coordinator.
(2)The Minister is to refer an appeal to one or more suitably qualified persons appointed by him or her to examine, and advise the Minister on, the matter.
(3)The person or persons so appointed are to give the appellant the opportunity to be heard on the matter of the inquiry.
(4)The Minister, after considering the advice given under subsection (2), may confirm, vary or reverse the decision.
(5)If an appeal against a decision is brought under this section the decision is to continue to have effect pending the appeal, unless the Minister otherwise directs.
Division 9 — Powers of licensees, other than Corporation
45.Extension of certain enactments to licensees
(1)A reference to the Corporation in an enactment referred to in a Part of Schedule 2 includes a licensee if that licensee —
(a)is prescribed by regulations made under section 61 for the purposes of that Part; or
(b)belongs to a class of licensees that is so prescribed.
(2)Any such prescription may be made in terms that —
(a)modify the operation of, add a further requirement to, or make inapplicable an enactment or part of an enactment in relation to a licensee or class of licensees;
(b)impose conditions or restrictions on the doing of any thing by a licensee or a member of a class of licensees;
(c)prohibit a licensee or a member of a class of licensees from doing any thing; or
(d)require a consent or approval to be obtained for the doing of, or the manner of doing, any thing.
(3)This section does not apply to a licensee that is a water board under the Water Boards Act 1904.
(4)In subsection (1) —
“Corporation” means the Water Corporation established by section 4 of the Water Corporation Act 1995.
(1)Regulations referred to in section 45 do not come into operation until they have been —
(a)published in the Government Gazette; and
(b)laid before each House of Parliament and either —
(i)15 sitting days of each House have passed after the regulations were so laid and notice of a motion to disallow the regulations has not been given; or
(ii)if notice of a motion to disallow the regulations has been given, the motion has lapsed or has been withdrawn or defeated.
(2)The Minister is to cause notice to be published in the Government Gazette showing the day on which any such regulations came into operation.
Division 10 — Transfer of certain assets on land not held by the statutory asset owner
[Heading inserted by No. 33 of 1997 s.3.]
In this Division, unless the contrary intention appears —
“affected land” means the land upon, in, over, or under which an asset has been placed;
“asset” means any works, or any other thing used or intended to be used for the provision of irrigation or drainage services, that —
(a)is the property of a statutory asset owner; and
(b)is upon, in, over, or under land that is not the property of the statutory asset owner;
“statutory asset owner” means —
(a)a person who is or was the holder of an operating licence authorising the licensee to provide irrigation or drainage services, whether or not also authorising the provision of any other water services; or
(b)a person who is a holding body, within the meaning given to that term by section 46K, of a person described in paragraph (a) of this definition;
“transfer day” means the day on which a transfer order takes effect under section 46B(11);
“transfer order” means the order and any amendments to it made by the Minister under section 46B;
“transferee” means the person to whom any asset is to be transferred by a transfer order;
“works” means irrigation works or drainage works and includes excavations, structures, buildings, equipment and plant used or intended to be used for the provision of irrigation or drainage services.
[Section 46A inserted by No. 33 of 1997 s.3.]
46B. Minister may make order for transfer of assets
(1)With the consent of a statutory asset owner from whom assets are to be transferred, the Minister may make and publish in the Gazette an order specifying —
(a)the statutory asset owner;
(b)the assets that are to be transferred and the affected land; and
(c)the transferee.
(2)The transfer order may specify assets and the affected land by reference to schedules which —
(a)need not be published in the Gazette; but
(b)must be available for inspection by the public at a place identified in the order.
(3)If the transfer order specifies by reference to schedules assets that are in a local government district, the schedules must be available for inspection by the public under subsection (2)(b) at least by exhibiting them —
(a)on a notice board at the local government’s offices; and
(b)on a notice board at every local government library in the district.
(4)Schedules must be exhibited under subsection (3) for a reasonable time, being not less than —
(a)the time prescribed for the purposes of this subsection; or
(b)if no time is prescribed, 7 days.
(5)Notice of the places where schedules are to be exhibited under subsection (3) must be published in a newspaper circulating in the relevant local government district at least 14 days before the schedules are so exhibited.
(6)The form and content of a schedule by reference to which a transfer order specifies assets and affected land is to be approved, before the order is made, by each relevant official to whom a copy of it will be required to be delivered under section 46G.
(7)The transfer order may, with the consent of the transferor and the transferee, be amended by the Minister, by further order published in the Gazette, but no such amendment may be made after the transfer day.
(8)For the purposes of this section the Water Corporation is to be taken to have consented to anything that it is obliged to do because of a direction given to it under the Water Corporation Act 1995 by the Minister administering that Act.
(9)The Minister is to cause a copy of an order published under this section to be laid before each House of Parliament within 6 sitting days of that House after the order is published.
(10)Either House of Parliament may, by resolution of which notice has been given within 14 sitting days of that House after an order has been laid before it, pass a resolution disallowing the order.
(11)As soon as an order is no longer subject to disallowance under subsection (10), the order takes effect.
(12)The Minister is to cause notice to be published in the Gazette showing the day on which an order took effect under subsection (11).
[Section 46B inserted by No. 33 of 1997 s.3.]
(1)On and after the transfer day —
(a)the assets specified in the transfer order vest in the transferee by force of this section;
(b)except as agreed, any agreement or instrument relating to the assets transferred has effect, by force of this section, as if the transferee were substituted for the transferor in the agreement or instrument;
(c)except as agreed, any proceedings or remedy that might have been commenced by or available against or to the transferor in relation to the assets may be commenced and are available, by or against or to the transferee;
(d)except as agreed, any act, matter or thing done or omitted to be done in relation to the assets before the transfer day by, to or in respect of the transferor (to the extent that that act, matter or thing has any force or effect) is to be taken to have been done or omitted by, to or in respect of the transferee; and
(e)the transferor is to deliver to the transferee all registers, papers, documents, minutes, receipts, books of account and other records (however compiled, recorded or stored) relating to the assets transferred.
(2)In this section —
“except as agreed” means except as agreed between the transferor and transferee;
“transferor” includes a person to whom, or through whom, the transferor is the legal successor.
[Section 46C inserted by No. 33 of 1997 s.3.]
46D. Transferor to complete necessary transactions
(1)Where any asset of the transferor cannot be properly vested in the transferee by the operation of this Division (whether because it is governed otherwise than by the law of the State, or for any other reason) —
(a)the transferor is to be taken to continue to hold that asset until the same is effectively vested in the transferee in accordance with the transfer order; and
(b)the transferor is to take all practicable steps for the purpose of securing that such asset is effectively vested in the transferee in accordance with the transfer order.
(2)The fact that subsection (1)(a) applies to an asset does not affect the duty of the transferee to take that asset into account in providing for the asset management system required by section 36.
[Section 46D inserted by No. 33 of 1997 s.3.]
46E. Exemption from stamp duty
(1)In this section —
“stamp duty” means stamp duty chargeable under the Stamp Act 1921.
(2)Stamp duty is not payable in relation to —
(a)anything that occurs by the operation of this Division; or
(b)anything done (including a transaction entered into or an instrument or document of any kind made, executed, lodged or given) under this Division, or to give effect to this Division, or for a purpose connected with or arising out of giving effect to this Division.
(3)The Treasurer or a person authorised by the Treasurer may, on request by the transferee, certify in writing that —
(a)a specified thing occurred by the operation of this Division; or
(b)a specified thing was done under this Division, or to give effect to this Division, or for a purpose connected with or arising out of giving effect to this Division.
(4)For all purposes and in all proceedings, a certificate under subsection (3) is conclusive evidence of the matters it certifies, except so far as the contrary is shown.
[Section 46E inserted by No. 33 of 1997 s.3.]
46F. Assets no longer required
(1)If the Minister is satisfied that the use, or further use, of an asset is not necessary or expedient for the performance of the licensee’s functions and the statutory asset owner consents to the making of the order, the Minister may make and publish in the Gazette an order extinguishing the rights of the statutory asset owner in the asset if it is a fixture or requiring the statutory asset owner to remove the asset if it is not a fixture.
(2)The order is to specify the statutory asset owner, the assets, and the affected land, and is to identify whether or not a specified asset is a fixture.
(3)The order may operate by reference to schedules which —
(a)need not be published in the Gazette; but
(b)must be available for inspection by the public at a place identified in the order.
(4)Upon the publication of the order in the Gazette —
(a)any right existing before the publication of the order in a specified asset that is a fixture is extinguished and it merges with the land that was the affected land; and
(b)the statutory asset owner is required, as soon as is practicable, to remove from the affected land a specified asset that is not a fixture.
(5)The extinguishment under this section of a right does not give rise to any right to compensation.
(6)An asset that would be a fixture if it were the property of the owner of the affected land is a fixture.
[Section 46F inserted by No. 33 of 1997 s.3.]
46G. Notation on title to affected land
(1)The Minister is to —
(a)cause a copy of each transfer order, and any schedule to which it refers, to be delivered to each relevant official; and
(b)give notice in writing of the transfer order to the owner of any affected land.
(2)The relevant official is to —
(a)keep the order and any schedule delivered under subsection (1) and make them available for public inspection; and
(b)make any entry in, or endorse or note, the relevant title, land register or record,
so as to ensure that a person searching the title to that land receives notice that the assets on the land that were transferred vest in the statutory asset owner.
(3)If an asset specified in a transfer order —
(a)ceases to be upon, in, over, or under the affected land; or
(b)merges, under section 46F, with the affected land,
the statutory asset owner is to deliver to the relevant official a notice in writing to that effect, in a form approved by the relevant official, and the relevant official is to make any entry in, or endorse or note, the title, land register or record in respect of the land accordingly.
(4)In this section —
“relevant official” means —
(a)the Registrar of Titles;
(b)the Registrar of Deeds; or
(c)the Minister administering the Land Act 1933 2,
according to which of them has responsibility for the register relating to the affected land.
[Section 46G inserted by No. 33 of 1997 s.3.]
46H. Rectifying omission from transfer order
(1)The Minister may by order published in the Gazette make any provision that is necessary to rectify any omission from, or to correct any error in, a transfer order.
(2)An order under this section may be made so as to have effect from the same time as the transfer order.
(3)To the extent that a provision of an order under this section has effect on a day that is earlier than the day of its publication in the Gazette, the provision does not operate so as —
(a)to affect, in a manner prejudicial to any person (other than the State, the Water Corporation, the Coordinator or any authority of the State), the rights of that person existing before the day of its publication; or
(b)to impose liabilities on any person (other than the State, the Water Corporation, the Coordinator or any authority of the State), in respect of anything done or omitted to be done before the day of publication.
[Section 46H inserted by No. 33 of 1997 s.3.]
The operation of any provision of this Division is not to be regarded —
(a)as a breach of contract or confidence or otherwise as a civil wrong;
(b)as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or the disclosure of information;
(c)as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset;
(d)as causing any contract or instrument to be void or otherwise unenforceable; or
(e)as releasing or allowing the release of any surety.
[Section 46I inserted by No. 33 of 1997 s.3.]
Regulations may be made under section 61 providing for —
(a)any matter or thing for which it is necessary or convenient to make provision in order to give effect to a transfer of assets;
(b)any matter that it is necessary or convenient to deal with as a consequence of the making of an order under section 46F.
[Section 46J inserted by No. 33 of 1997 s.3.]
Division 11 — Licensee operating with holding body
[Heading inserted by No. 33 of 1997 s.3.]
46K. Coordinator may approve of licensee operating with holding body
The Coordinator may approve of an arrangement under which assets that are to be used by a licensee in the provision of irrigation or drainage services (in this Division called “the assets”) are to be held by another person (in this Division called “the holding body”).
[Section 46K inserted by No. 33 of 1997 s.3.]
46L. Licensee to be treated as holder of assets for certain purposes
(1)If assets are held in accordance with an arrangement approved under section 46K —
(a)the licensee has the same duties under this Part; and
(b)the powers given by this Part, other than Division 10, in respect of the licensee or the assets are the same,
as if the assets were held by the licensee rather than the holding body.
(2)Without limiting section 45(2) or section 46M, regulations made in accordance with section 45(1) may provide that an enactment applies in relation to a licensee prescribed as if the assets were held by the licensee rather than the holding body.
(3)In subsection (2) —
(a)the reference to an enactment includes reference to part of an enactment; and
(b)if the regulations prescribe a class of licensees, the reference to a licensee prescribed includes a reference to a licensee of a class prescribed.
[Section 46L inserted by No. 33 of 1997 s.3.]
46M. Certain enactments can be applied to holding body
(1)Section 45 applies in relation to the holding body as if the holding body were the licensee.
(2)For the purposes of subsection (1), section 83(2)(a) of the Water Agencies (Powers) Act 1984 (which is listed in Schedule 2, Part 1, of this Act) is to be read and construed as though it did not include a reference to section 112A of the Public Works Act 1902.
[Section 46M inserted by No. 33 of 1997 s.3.]
Part 4 — Inspectors
(1)The Coordinator may designate persons to be inspectors for the purposes of this Act, and amend or revoke a designation.
(2)An instrument of designation of an inspector is to specify —
(a)the classification of that inspector by reference to the kind of water services to which his or her powers relate;
(b)the powers of inspection that the inspector may exercise; and
(c)any limitations or restrictions that apply to that exercise.
(3)A person is not to be designated as an inspector unless he or she has the qualifications or experience, or both, prescribed for the classification that applies to him or her.
(4)The Coordinator has the powers of an inspector by virtue of his or her office.
48.Certificates of designation
(1)The Coordinator is to issue to an inspector a certificate specifying the matters referred to in section 47(2) that apply to that inspector.
(2)An inspector must produce the certificate whenever requested to do so by any person apparently having charge of any land, premises, or thing in respect of which the inspector has exercised or is about to exercise any power.
(3)Production of the certificate is evidence in any court of the designation, classification and powers of the inspector to whom that certificate relates.
An inspector may, subject to this Part and the terms of his or her designation as an inspector —
(a)enter without notice on or into any land, premises or thing where he or she has reason to believe that —
(i)any water services of the kind to which his or her powers relate are or may be provided; or
(ii)any water services works used for the provision of any of those water services are or may be situated;
(b)require any person having the control or custody of any land, premises or thing which the inspector is authorised to inspect to furnish reasonable access to it and other reasonable assistance;
(c)inspect any water service works used or intended to be used for or in connection with the provision of any water service to which his or her powers relate;
(d)make any inspection, examination, sampling, inquiry or test, and request any information (including by way of answers to questions) and production of any records or other documents, that he or she considers necessary or desirable to ascertain —
(i)whether any order, condition, restriction, or limitation is being or has been observed; or
(ii)the cause, results and other aspects of any failure of any water service works including damage and other matters arising from or suspected of being related to the failure.
Where a person, before making a statement or answering a question for the purposes of section 49(d), objects to having to make it on the ground that the statement might tend to incriminate the person, any statement made after that objection —
(a)is not admissible in evidence in any prosecution against the person for any offence other than an offence against section 55; and
(b)if recorded, in writing or otherwise, must set out the fact of the objection having been made.
51.Inspector may be accompanied
An inspector may be accompanied by any person that the inspector thinks necessary to assist the inspector in the performance of his or her functions.
52.Inspector to comply with reasonable requests
In the performance of his or her functions an inspector is to comply so far as is practicable with any reasonable requirement of a person owning or using the land, premises, or thing inspected.
(1)If an inspector is of the opinion that any thing that the inspector is authorised to inspect does not conform with the requirements of any term or condition of a water services licence, the inspector must as soon as practicable report his or her opinion in writing to the Coordinator.
(2)Where the Coordinator has received a report under subsection (1) about any thing, the Coordinator may —
(a)by order in writing prohibit the use of that thing absolutely or except in accordance with any condition or restriction; and
(b)disconnect the supply of water services to or from that thing, or to or from the premises on which it is situated, until the Coordinator is satisfied that the thing conforms with the requirements referred to in subsection (1).
(1)Any person aggrieved by any order made by the Coordinator under section 53 may appeal in the prescribed manner to the Minister.
(2)The Minister may confirm, cancel or vary the order and his or her decision is final.
(3)An order has effect pending the determination of the appeal unless the Minister otherwise directs.
(1)A person must not without reasonable excuse —
(a)obstruct an inspector, or a person to whom section 51 applies, in the performance of his or her functions; or
(b)fail to comply with a requirement under section 49(b).
(2)A person must not without reasonable excuse, and subject to section 50, fail to comply with a request under section 49(d).
(3)A person must not give false or misleading information in response to a request under section 49(d).
(4)A person must not contravene or fail to comply with an order under section 53.
Penalty applicable to this section —
(a)for an individual: $5 000;
(b)for a body corporate: $20 000.
Part 5 — Obtaining of information by Coordinator
56.Coordinator may require information to be given
(1)The Coordinator may request a person, or the occupier of any premises, to give prescribed information to the Coordinator, including information by way of periodical returns at specified times, if —
(a)the information is required to enable the Coordinator to perform his or her functions; and
(b)the Coordinator has reasonable grounds for believing that the person is able to give the information.
(2)The request must —
(a)be made by written notice given to the person or the occupier; and
(b)specify the time before which the information is to be given.
(3)The information must be given —
(a)in writing; and
(b)before the time specified in the request.
(4)In this section —
“prescribed information”, in relation to a person or occupier, means information as to —
(a)the quantity, quality, service or supply of any water services provided or required by the person or occupier in the State, or imported into the State by the person or occupier;
(b)water services facilities available to or held by the person or occupier; and
(c)any water services works, apparatus or process that conveys or contains water and that is used by or available to the person or occupier.
(1)Where a request is made under section 56 a person may object to complying with it on the ground that it will result in the disclosure of a trade secret.
(2)An objection must be made in writing served on the Minister within 7 days after the request is received.
(3)The Minister may by notice in writing exempt the objector from the obligation to comply with the request either in whole or in part.
(4)If the Minister refuses to exempt the objector or grants a partial objection the objector may, within 21 days of receiving notice of the Minister’s decision, appeal to a Judge of the District Court sitting in chambers.
(5)The Judge may make such order on the appeal, including an order as to costs, as he or she thinks fit and that decision is final.
(6)For the purposes of this section —
“trade secret” means any knowledge or information relating to technology, marketing, water services, water services works, water resources or reserves, or as to the business of the person objecting, that might reasonably be expected to adversely affect the business or interests of that person if disclosed to any other person.
58.Obligation to comply with request
(1)Subject to section 57, a person must not, without reasonable excuse, fail to comply with a request under section 56.
(2)A person must not give false or misleading information in response to a request under section 56.
Penalty applicable to this section —
(a) for an individual: $5 000;
(b)for a body corporate: $20 000.
Part 5A — Licensing of plumbers and related matters
[Heading inserted by No. 39 of 1999 s.7.]
Division 1 — Plumbers Licensing Board
[Heading inserted by No. 39 of 1999 s.7.]
A board called the Plumbers Licensing Board is established.
[Section 59 inserted by No. 39 of 1999 s.7.]
The Board consists of not more than 9 members appointed by the Minister in accordance with the regulations.
[Section 59A inserted by No. 39 of 1999 s.7.]
(1)The functions of the Board are —
(a)to monitor matters relating to the qualification and training of plumbers, and to provide advice on those matters to the Minister and the Coordinator and, with the approval of the Minister, to any other person or body concerned with those matters;
(b)to advise the Minister and the Coordinator on matters relating to the licensing and regulation of plumbers;
(c)to administer any licensing scheme provided for by the regulations; and
(d)to perform licensing, disciplinary and other functions given to it by the regulations.
(2)It is also a function of the Board to do things that it is authorised to do by any other written law.
[Section 59B inserted by No. 39 of 1999 s.7.]
The Board has all the powers it needs to perform its functions under this Act or any other written law.
[Section 59C inserted by No. 39 of 1999 s.7.]
(1)The Board may, by instrument, delegate the performance of any of its functions, except this power of delegation and any disciplinary power conferred by the regulations or another written law.
(2)A delegation under subsection (1) may be made to —
(a)a member of the Board;
(b)any committee established under the regulations; or
(c)with the approval of the Minister, any other person.
(3)A function performed by a delegate is to be taken to be performed by the Board.
(4)A delegate performing a function under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
[Section 59D inserted by No. 39 of 1999 s.7.]
59E.Minister may give directions
(1)Subject to subsection (2), the Minister may give directions in writing to the Board with respect to the performance of its functions, either generally or in relation to a particular matter, and the Board is to give effect to any such direction.
(2)The Minister must not under subsection (1) direct the Board with respect to the performance of its licensing or disciplinary functions, whether under this Act or any other written law, in respect of —
(a)a particular person; or
(b)a particular application, complaint or proceeding.
(3)The Minister must, within 14 days after a direction is given under subsection (1), cause a copy of it to be laid before each House of Parliament or dealt with in accordance with subsection (4).
(4)If —
(a)at the commencement of the period referred to in subsection (3) a House of Parliament is not sitting; and
(b)the Minister is of the opinion that that House will not sit during that period,
the Minister is to transmit a copy of the direction to the Clerk of that House.
(5)A copy of a direction transmitted to the Clerk of a House is to be —
(a)taken to have been laid before that House; and
(b)taken to be a document published by order or under the authority of that House.
(6)The laying of a copy of a direction that is taken to have occurred under subsection (5)(a) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the receipt of the copy by the Clerk.
(7)The text of a direction given under subsection (1) is to be included in the annual report submitted by the accountable officer of the department under section 62 of the Financial Administration and Audit Act 1985.
[Section 59E inserted by No. 39 of 1999 s.7.]
59F.Minister to have access to information
(1)The Minister is entitled —
(a)to have information in the possession of the Board; and
(b)if the information is in or on a document, to have, and make and retain copies of, that document.
(2)For the purposes of subsection (1) the Minister may —
(a)request the Board to furnish information to the Minister;
(b)request the Board to give the Minister access to information; and
(c)for the purposes of paragraph (b) make use of the staff of the Board to obtain the information and furnish it to the Minister.
(3)The Board is to —
(a)comply with a request under subsection (2); and
(b)make its staff and facilities available to the Minister for the purposes of subsection (2)(c).
(4)The Minister is not entitled to have information under this section in a form that —
(a)discloses the identity of a person involved in a complaint; or
(b)might enable the identity of any such person to be ascertained,
unless that person has consented to the disclosure.
(5)In this section —
“document” includes any tape, disc or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise;
“information” means information specified, or of a description specified, by the Minister that relates to the functions of the Board;
“staff” means any person whose services are the subject of an arrangement under section 59G(1).
[Section 59F inserted by No. 39 of 1999 s.7.]
59G.Use of government staff, etc.
(1)The Board may by arrangement with the relevant employer make use, either full‑time or part‑time, of the services of any officer or employee —
(a)in the Public Service; or
(b)in a State agency or instrumentality.
(2)The Board may by arrangement with —
(a)a department of the Public Service; or
(b)a State agency or instrumentality,
make use of any facilities of the department, agency or instrumentality.
(3)An arrangement under subsection (1) or (2) is to be on the terms agreed to by the parties.
[Section 59G inserted by No. 39 of 1999 s.7.]
59H.Application of Financial Administration and Audit Act 1985
Any acts or things done by the Board under this Act or any other written law are to be regarded —
(a)as services under the control of the department for the purposes of section 52 of the Financial Administration and Audit Act 1985; and
(b)part of the operations of the department for the purposes of Division 13 of Part II of that Act.
[Section 59H inserted by No. 39 of 1999 s.7.]
Division 2 — Regulations
[Heading inserted by No. 39 of 1999 s.7.]
In this Division and in Schedule 3 —
“plumbing work” means work of a kind specified to be water supply plumbing, sanitary plumbing or drainage plumbing;
“specified” means specified in the regulations.
[Section 59I inserted by No. 39 of 1999 s.7.]
Regulations may be made under section 61 for all or any of the purposes, or about all or any of the matters, set out in Schedule 3.
[Section 59J inserted by No. 39 of 1999 s.7.]
59K.Offences against regulations
Regulations referred to in section 59J may —
(a)create offences and provide, in respect of an offence so created, for the imposition of a fine not exceeding $5 000; and
(b)establish a scheme for the giving of infringement notices in respect of specified offences against the regulations, prescribe modified penalties for such offences and provide for the appointment of persons to give infringement notices and administer that scheme.
[Section 59K inserted by No. 39 of 1999 s.7.]
59L.Adoption of other laws, codes etc.
(1)Regulations referred to in section 59J may adopt, either wholly or in part or with modifications —
(a)any rules, regulations, codes, or other subsidiary legislation made, determined or issued under any other Act or under any Commonwealth Act; or
(b)any of the standards, rules, codes or specifications of the body known as the Standards Association of Australia or a similar specified body.
(2)If any subsidiary legislation, standard, rule, code or specification is adopted under subsection (1), it is adopted as in force from time to time unless the regulations specify that a particular text is adopted.
[Section 59L inserted by No. 39 of 1999 s.7.]
Part 6 — General
60.Establishment of committees
(1)The Minister may establish committees for the purpose of considering and advising on a particular matter specified by the Minister.
(2)Subject to subsection (3), the Minister may —
(a)prescribe the membership, constitution and procedures of; and
(b)discharge, alter or reconstitute,
any such committee.
(3)The Coordinator or his nominee is to be the chairperson of every committee established under this section.
(4)The Minister may determine that a member of a committee is to receive remuneration or an allowance and, if the Minister so determines, he or she is to fix the remuneration or allowance on the recommendation of the Minister for Public Sector Management.
(5)Subject to this section, a committee may determine its own procedure.
(6)The Coordinator is to provide a committee with such support services as it may reasonably require.
(1)An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act.
(2)The Board and the Crown are also relieved of any liability that either of them might otherwise have had for another person having done anything as described in subsection (1).
(3)The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.
(4)In this section, a reference to the doing of anything includes a reference to an omission to do anything.
[Section 60A inserted by No. 39 of 1999 s.8.]
(1)This section applies to a person who is or has been —
(a)the Coordinator;
(b)a member of the Board; or
(c)a person performing functions under this Act.
(2)A person to whom this section applies must not, directly or indirectly, record, disclose or make use of any information obtained in the course of duty except —
(a)for the purpose of performing functions under this Act;
(b)as required or allowed by this Act or under another written law;
(c)with the written consent of the person to whom the information relates; or
(d)in other prescribed circumstances.
Penalty:
(a)in the case of information to which section 56 applies, $10 000 and imprisonment for 12 months;
(b)in any other case, $5 000.
(3)Subsection (2) does not apply to the disclosure of any summary or statistical information that could not reasonably be expected to enable particulars relating to any person or business to be ascertained.
[Section 60B inserted by No. 39 of 1999 s.8.]
The Governor may make any regulations prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.
(1)The Minister is to carry out a review of the operation and effectiveness of this Act as soon as is practicable after the expiry of 5 years from its commencement.
(2)In the course of that review the Minister is to consider and have regard to —
(a)the effectiveness of the operations of the Coordinator;
(b)the need for the continuation of the functions of the Coordinator;
(ba)the effectiveness of the operations of the Board;
(bb)the need for the continuation of the functions of the Board; and
(c)any other matters that appear to the Minister to be relevant to the operation and effectiveness of this Act.
(3)The Minister is to prepare a report based on the review and, as soon as is practicable after the report is prepared, is to cause it to be laid before each House of Parliament.
[Section 62 amended by No. 39 of 1999 s.9.]
