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WATER ACT 2007 - SECT 18E

Additional functions, powers and duties of the Authority

  (1)   Without limiting sections   172 and 173, the Authority has, in a referring State or the Australian Capital Territory, the functions, powers and duties that:

  (a)   are expressed to be conferred on it by or under the Agreement; and

  (b)   relate to the water and other natural resources of the Murray - Darling Basin.

  (2)   In performing these functions and duties and exercising these powers, the Authority must comply with any requirements under the Agreement.

  (3)   The Authority has, in connection with:

  (a)   the performance of its functions and duties under this Part; and

  (b)   the exercise of its powers under this Part;

such powers in a referring State or the Australian Capital Territory as it has in connection with the performance of its other functions under this Act.

  (4)   However, the application of subsection   (3) to the Authority's powers under Part   10 is limited to the Authority's powers under:

  (a)   Subdivision A of Division   2 of that Part (Authorised officers); and

  (b)   Subdivision B of Division   2 of that Part (Powers to enter land etc. other than for compliance purposes); and

  (c)   Division   3 of that Part (Information gathering).

  (5)   Part   10 so applies as if:

  (a)   the application of that Part   in relation to premises in, or information held in, a referring State or the Australian Capital Territory were not limited by section   219 or by subsection   222D(1); and

  (b)   references in section   221 to the Authority's functions under section   219 included references to the Authority's functions under this Part.

  (6)   However:

  (a)   an authorised officer must not enter premises under Subdivision B of Division   2 of that Part as applied by this section unless he or she reasonably believes this is necessary for the performance of any of the Authority's functions under this Part; and

  (b)   Subdivision B of Division   2 of that Part as applied by this section does not extend to entering premises for the purposes of:

  (i)   monitoring compliance with this Part or regulations made for the purposes of this Part; or

  (ii)   searching for evidential material; and

  (c)   the Authority must not require a person to give information under Division   3 of that Part as applied by this section unless the Authority has reason to believe that information relating to a matter:

  (i)   relevant to the performance of the Authority's functions under this Part; and

  (ii)   specified in regulations made for the purposes of this paragraph;

    is in the person's possession, custody or control (whether held electronically or in any other form).

Note:   The conferral of functions, powers and duties on the Authority by this section does not otherwise give the Agreement any effect as a law of the Commonwealth.


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