Commonwealth Consolidated Regulations

WATER REGULATIONS 2008 - REG 4.06

  (1)   If:

  (a)   regulation   4.03 does not apply; and

  (b)   the Minister is not satisfied that the ACCC consulted with the relevant State Minister for each Basin State;

then the Minister must, by written notice, invite the relevant State Minister for each Basin State to make written submissions about the proposed rules.

  (2)   If:

  (a)   regulation   4.03 does not apply; and

  (b)   the Minister is not satisfied that the ACCC consulted with infrastructure operators within the Murray-Darling Basin;

then the Minister must, by written notice, invite infrastructure operators within the Murray-Darling Basin to make written submissions about the proposed rules.

  (3)   If:

  (a)   regulation   4.03 does not apply; and

  (b)   the Minister is not satisfied that the ACCC consulted with the public;

then the Minister must, by written notice, invite the public to make written submissions about the proposed rules.

Note:   The notices required under subregulations (1), (2) and (3) may be combined with the notices required under regulation   4.04 (see subregulation   4.04(5)).

  (4)   A notice given under subregulation   (1), (2) or (3) must:

  (a)   include a copy of the proposed rules or the Internet address at which the proposed rules are published; and

  (b)   specify a date, not less than 8 weeks from the date on which the notice is given, as a date by which any written submissions must be received by the Minister; and

  (c)   include a statement that the Minister may disclose to the ACCC any written submissions that the Minister receives, including any information contained in the submissions that the Minister has decided is confidential information under paragraph   4.10(1)(b); and

  (d)   include a statement that disclosure by the Minister to the ACCC will be on the basis that the ACCC must not disclose a written submission given to it by the Minister, or any information in the submission, that the Minister has decided is confidential information under paragraph   4.10(1)(b); and

.   (e)   include a statement that the Minister may publish any information in the written submissions that the Minister receives, except information that the Minister has decided is confidential information under paragraph   4.10(1)(b); and

  (f)   include a statement that a person who provides a written submission may request that the whole or part of the written submission be treated as confidential information.

Note:   In relation to paragraph   (d), under subregulation   4.09(2), the Minister must require the ACCC not to publish a submission or information contained in a submission that the Minister has decided is confidential information under paragraph   4.10(1)(b).

  (5)   A notice under subregulation   (2) or (3) must be given by at least one notice published in each of the following media:

  (a)   a nationally circulating newspaper;

  (b)   for each Basin State, a newspaper with an agribusiness focus circulating in the Basin State;

  (c)   the Internet.