Victorian Bills Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]


CONSTITUTION (WATER AUTHORITIES) BILL 2003

           Constitution (Water Authorities) Bill

                           Circulation Print

               EXPLANATORY MEMORANDUM


                                   General
Objectives of the Legislation
The Constitution (Water Authorities) Bill aims to ensure the retention of all
Victoria's water authorities in public ownership so that they are directly
accountable to the Victorian community. It aims to achieve this by amending
the Victorian Constitution to entrench the responsibility for ensuring the
delivery of water services in public ownership.
The operation of the Bill
The Bill amends the Constitution Act 1975 to include a prohibition on the
transfer of the responsibility of a public authority (as defined in the Bill) for
ensuring the delivery of water services to a person or body that is not a public
authority.
This prohibition is included in a new Part VII of the Constitution Act 1975.
A reference to this prohibition is also included in section 18(2) of the
Constitution Act 1975 that contains the entrenchment mechanism. The third
reading of Bills that are contrary to the prohibition or purport to amend
Part VII of the Constitution Act 1975 must be passed with the concurrence
of 3/5ths of the whole number of members of the Legislative Council and the
Legislative Assembly. A failure to comply with the requirements in section
18(2) renders the purported legislation void.

                                Clause Notes
The Preamble states both the background and reasons for the enactment of
the proposed Act. It acknowledges the importance of the delivery of water
services to the people of Victoria and recites the desirability of securing the
responsibility for ensuring the delivery of water services in public ownership.

Clause 1    states the purposes of the proposed Act.

Clause 2    is the commencement provision. The proposed Act will
            commence operation on the day after it receives Royal Assent.



                                       1
551013                                          BILL LA CIRCULATION 10/4/2003

 


 

Clause 3 defines the Constitution Act 1975 as the Principal Act for the purposes of this proposed Act. Clause 4 amends the Constitution Act 1975-- · in section 18(2) to insert new paragraphs (fa) and (h). The effect of the addition of these new paragraphs is to prohibit any Bill that-- transfers the responsibility for ensuring the delivery of a water service to a person or body that is not a public authority; or amends or repeals the new Part VII of the Constitution Act 1975-- from being presented to the Governor for Royal Assent unless the third reading of the Bill has been passed with the concurrence of 3/5ths of the whole number of the members of the Legislative Council and the Legislative Assembly. A Bill that is not passed with the required majority is void; · in section 18 to insert a new sub-section (6). The effect of the addition of the new sub-section is that a Bill that-- enables a water authority to enter into an arrangement for the delivery of services by another person or an independent contractor; or allows a public authority that has the responsibility for ensuring the delivery of water services to alter its structure or composition-- is exempted from the requirements of section 18(2) provided that the effect of the Bill is not to transfer the responsibility for ensuring the delivery of water services to a person or body contrary to the new Part VII of the Constitution Act 1975. Clause 5 inserts a new Part VII into the Constitution Act 1975. The new Part VII is comprised of the following sections-- Section 96 defines certain words or expressions used in this Part-- · "public authority" is defined as a public statutory authority, a Council under the Local Government Act 1989, a company under the Corporations Act that is wholly owned, or wholly owned beneficially, by the State, or an Agency Head under the Public Sector 2

 


 

Management and Employment Act 1998 who is a corporation sole; · "public statutory authority" is defined as a body established by or under an Act for a public purpose, other than a company under the Corporations Act that is wholly owned, or wholly owned beneficially, by the State; · "water legislation" is defined as the Water Act 1989, the Water Industry Act 1994 or the Melbourne and Metropolitan Board of Works Act 1958; · "water service" is defined as the responsibility for ensuring the delivery of a service related to water supply, sewerage, irrigation, water collection and storage or sewage treatment that a public authority has under water legislation or a licence issued under water legislation. Section 97 requires that if a public authority that is, at the commencement of this proposed Act, responsible for ensuring the delivery of a water service, that responsibility must remain with that public authority or another public authority as defined in this proposed Act. A public authority that is responsible for ensuring the delivery of a water service must also be accountable to a Minister of the Crown for ensuring the delivery of that service. Exemptions clarify that this provision does not intend to prevent a public authority that has the responsibility for ensuring the delivery of water services from-- · entering into an arrangement for the delivery of services by another person or an independent contractor; and · altering its structure or composition (provided that it remains a public authority within the meaning of the proposed Act). 3

 


 

 


[Index] [Search] [Download] [Bill] [Help]