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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
National Water Commission (Abolition)
Bill 2014
No. , 2014
(Environment)
A Bill for an Act to abolish the National Water
Commission, and for related purposes
No. , 2014
National Water Commission (Abolition) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 1
Schedule 1--Amendments
3
Part 1--Repeals
3
National Water Commission Act 2004
3
Part 2--Amendments
4
Water Act 2007
4
Part 3--Transitional provisions
8
No. , 2014
National Water Commission (Abolition) Bill 2014
1
A Bill for an Act to abolish the National Water
1
Commission, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the National Water Commission
5
(Abolition) Act 2014.
6
2 Commencement
7
This Act commences on 1 January 2015.
8
3 Schedules
9
Legislation that is specified in a Schedule to this Act is amended or
10
repealed as set out in the applicable items in the Schedule
11
2
National Water Commission (Abolition) Bill 2014
No. , 2014
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Amendments Schedule 1
Repeals Part 1
No. , 2014
National Water Commission (Abolition) Bill 2014
3
Schedule 1
--Amendments
1
Part 1
--Repeals
2
National Water Commission Act 2004
3
1 The whole of the Act
4
Repeal the Act.
5
Schedule 1 Amendments
Part 2 Amendments
4
National Water Commission (Abolition) Bill 2014
No. , 2014
Part 2
--Amendments
1
Water Act 2007
2
2 Subsection 4(1) (definition of National Water Commission)
3
Repeal the definition, substitute:
4
National Water Commission means the National Water
5
Commission that was established by section 6 of the National
6
Water Commission Act 2004.
7
Note:
The National Water Commission was abolished by the National Water
8
Commission (Abolition) Act 2014.
9
3 Subsection 4(1) (definition of Natural Resource
10
Management Ministerial Council)
11
Repeal the definition, substitute:
12
Natural Resource Management Ministerial Council means the
13
Natural Resource Management Ministerial Council that was
14
established by Council of Australian Governments in June 2001.
15
4 Subsection 4(1)
16
Insert:
17
Productivity Minister means the Minister administering the
18
Productivity Commission Act 1998.
19
5 Subsection 74A(4)
20
Repeal the subsection.
21
6 Part 3
22
Repeal the Part, substitute:
23
Amendments Schedule 1
Amendments Part 2
No. , 2014
National Water Commission (Abolition) Bill 2014
5
Part 3--Productivity Commission inquiries
1
2
87 Productivity Commission inquiry--Basin Plan and water
3
resource plans
4
Power to conduct inquiries
5
(1) During the 5 year period ending on 31 December 2018, the
6
Productivity Minister must, under paragraph 6(1)(a) of the
7
Productivity Commission Act 1998, refer to the Productivity
8
Commission for inquiry the matter of the effectiveness of the
9
implementation of the Basin Plan and the water resource plans.
10
(2) During the subsequent 5 year period that occurs after the
11
completion of the Commission's most recent inquiry under this
12
section, the Productivity Minister must, under paragraph 6(1)(a) of
13
the Productivity Commission Act 1998, refer to the Productivity
14
Commission for inquiry the matter of the effectiveness of the
15
implementation of the Basin Plan and the water resource plans.
16
Reports on inquiries
17
(3) In referring the matter to the Productivity Commission for inquiry,
18
the Productivity Minister must, under paragraph 11(1)(b) of the
19
Productivity Commission Act 1998, specify the 5 year period in
20
which the referral occurs as the period within which the
21
Productivity Commission must submit its report on the inquiry to
22
the Productivity Minister.
23
Note:
Under section 12 of the Productivity Commission Act 1998, the
24
Productivity Minister must cause a copy of the Productivity
25
Commission's report to be tabled in each House of the Parliament.
26
(4) After submitting its report to the Productivity Minister and before a
27
copy of the report is tabled in each House of the Parliament, the
28
Productivity Commission must give a copy of the report to:
29
(a) the Authority; and
30
(b) the relevant State Minister for each of the Basin States.
31
Schedule 1 Amendments
Part 2 Amendments
6
National Water Commission (Abolition) Bill 2014
No. , 2014
Matters relating to industry, industry development and productivity
1
(5) For the purposes of paragraph 6(1)(a) of the Productivity
2
Commission Act 1998, the matter mentioned in subsections (1) and
3
(2) of this section is taken to be a matter relating to industry,
4
industry development and productivity.
5
88 Productivity Commission inquiry--National Water Initiative
6
Power to conduct inquiries
7
(1) During the 3 year period ending on 31 December 2017, the
8
Productivity Minister must, under paragraph 6(1)(a) of the
9
Productivity Commission Act 1998, refer to the Productivity
10
Commission for inquiry the matter of the progress of parties to the
11
National Water Initiative towards achieving the objectives and
12
outcomes of, and within the timelines required by, the National
13
Water Initiative.
14
(2) During the subsequent 3 year period that occurs after the
15
completion of the Commission's most recent inquiry under this
16
section, the Productivity Minister must, under paragraph 6(1)(a) of
17
the Productivity Commission Act 1998, refer to the Productivity
18
Commission for inquiry the matter of the progress of parties to the
19
National Water Initiative towards achieving the objectives and
20
outcomes of, and within the timelines required by, the National
21
Water Initiative.
22
Reports on inquiries
23
(3) In referring the matter to the Productivity Commission for inquiry,
24
the Productivity Minister must:
25
(a) under paragraph 11(1)(b) of the Productivity Commission Act
26
1998, specify the 3 year period in which the referral occurs as
27
the period within which the Productivity Commission must
28
submit its report on the inquiry to the Productivity Minister;
29
and
30
(b) under paragraph 11(1)(d) of that Act, require the Productivity
31
Commission to make recommendations on actions that the
32
parties to the National Water Initiative might take to better
33
achieve the objectives and outcomes of the National Water
34
Initiative.
35
Amendments Schedule 1
Amendments Part 2
No. , 2014
National Water Commission (Abolition) Bill 2014
7
Note:
Under section 12 of the Productivity Commission Act 1998, the
1
Productivity Minister must cause a copy of the Productivity
2
Commission's report to be tabled in each House of the Parliament.
3
(4) After submitting its report to the Productivity Minister and before a
4
copy of the report is tabled in each House of the Parliament, the
5
Productivity Commission must give a copy of the report to:
6
(a) the Council of Australian Governments; and
7
(b) any subcommittee (however described) of the Council that
8
deals with matters relating to water.
9
Matters relating to industry, industry development and productivity
10
(5) For the purposes of paragraph 6(1)(a) of the Productivity
11
Commission Act 1998, the matter mentioned in subsections (1) and
12
(2) of this section is taken to be a matter relating to industry,
13
industry development and productivity.
14
Schedule 1 Amendments
Part 3 Transitional provisions
8
National Water Commission (Abolition) Bill 2014
No. , 2014
Part 3
--Transitional provisions
1
7 Definitions
2
In this Part:
3
final reporting period means the period:
4
(a) beginning on 1 July 2014; and
5
(b) ending on 31 December 2014.
6
Secretary means the Secretary of the Department.
7
transition time means the commencement of this Part.
8
8 Transfer of records to the Department
9
(1)
This item applies to any records or documents that were in the
10
possession of the National Water Commission immediately before the
11
transition time.
12
(2)
The records and documents are to be transferred to the Department after
13
the transition time.
14
Note:
The records and documents are Commonwealth records for the purposes of the Archives
15
Act 1983.
16
9 Transfer of Ombudsman investigations
17
If:
18
(a) before the transition time, a complaint was made to the
19
Ombudsman, or the Ombudsman began an investigation,
20
under the Ombudsman Act 1976 in relation to an action taken
21
by the National Water Commission; and
22
(b) immediately before the transition time, the Ombudsman had
23
not finally disposed of the matter in accordance with the
24
Ombudsman Act 1976;
25
the Ombudsman Act 1976 applies after the transition time as if that
26
action had been taken by the Department.
27
10 Final annual report
--National Water Commission
28
(1)
The Secretary must prepare and give to the Minister, for presentation to
29
the Parliament, a report on the operations of the National Water
30
Commission during the final reporting period.
31
Amendments Schedule 1
Transitional provisions Part 3
No. , 2014
National Water Commission (Abolition) Bill 2014
9
(2)
Subsections 45(2) and (3) of the National Water Commission Act 2004
1
(as in force immediately before the transition time) apply to the report
2
as if a reference in those subsections to a financial year were a reference
3
to the final reporting period.
4
(3)
The Secretary must give the report to the Minister within 3 months after
5
the end of the final reporting period. The Minister may grant an
6
extension of time in special circumstances.
7
(4)
The Minister must table the report in each House of the Parliament as
8
soon as practicable.
9
(5)
The Secretary must publish the report on the Department's website as
10
soon as practicable after the report is tabled in the House of
11
Representatives.
12
11 Transitional rules
13
The Minister may, by legislative instrument, make rules in relation to
14
transitional matters arising out of the amendments and repeals made by
15
this Schedule.
16