Victorian Numbered Acts

WATER ACTS AMENDMENT (ENFORCEMENT AND OTHER MATTERS) ACT 2007 (NO. 29 OF 2007) - SECT 19

After section 291 of the Water Act 1989 insert —

" Division 2—Enforcement of water restrictions

        291A     Appointment of authorised water officers

    (1)     An Authority with a water district may appoint a person as an authorised water officer.

    (2)     An appointment under subsection (1)—

        (a)     must be in writing; and

        (b)     must specify the district or districts in which the person may exercise the powers, functions or duties under this Act.

    (3)     An Authority may require a person appointed under this section to undertake specified training before exercising any powers, functions or duties under this Act.

        291B     Identification of authorised water officers

    (1)     An Authority must issue to each person appointed as an authorised water officer an identity card that—

        (a)     contains a photograph of the person; and

        (b)     states the full name of the person to whom it is issued; and

        (c)     states that the person is an authorised water officer for the purposes of this Act.

    (2)     An authorised water officer must produce his or her identity card for inspection at any time during the exercise of a power under this Act if asked to do so.

        291C     Offence to impersonate authorised water officer

A person must not impersonate an authorised water officer.

Penalty:     60 penalty units.

Division 3—Powers of authorised water officers

        291D     Authorised water officer may require person to state name and address

    (1)     An authorised water officer may require a person to state his or her name and address if that authorised water officer has reasonable grounds for believing that the person has contravened, or is contravening—

        (a)     an offence set out in section 170F in relation to a permanent water saving plan of the Authority that appointed the authorised water officer;

        (b)     an offence set out in a by-law made under section 171(1)(ba) by the Authority that appointed the authorised water officer.

    (2)     Subject to subsections (3) and (4), a person who is required under this section to state his or her name and address must not—

        (a)     refuse to state that name or address; or

        (b)     state a false name or address.

Penalty:     10 penalty units.

    (3)     An authorised water officer must produce his or her identity card for inspection before exercising a power under subsection (1).

    (4)     It is not an offence for a person to fail to comply with subsection (2) if the authorised water officer did not comply with subsection (3).

Division 4—Further enforcement provisions ".