(1) A person who
misuses confidential information obtained by reason of any function that
person has, or at any time had, in the administration of this or a relevant
Act commits an offence.
Penalty: $12 000 and imprisonment for one year.
(2) A person misuses
confidential information if it is, directly or indirectly, recorded, used or
disclosed to another person, other than —
(a) in
the course of duty; or
(b)
under this or a relevant Act or any other written law; or
(c) with
the written permission of the CEO; or
(d) for
the purposes of the investigation of any suspected offence or the conduct of
proceedings against any person for an offence; or
(e) with
the consent of the person or persons to whom the information relates; or
(f) in
circumstances prescribed by the regulations.
(3) This section does
not apply —
[(a) deleted]
(b) to
information to which section 15 applies.
(4) In this section
—
confidential information means information that
has not been made public and that —
(a) is
by its nature confidential; or
(b) was
specified to be confidential by the person who supplied it; or
(c) is
known by the person using or disclosing it to be confidential.
[Section 112 inserted: No. 38 of 2007 s. 134;
amended: No. 25 of 2012 s. 108.]
This is a compilation of the Water Agencies (Powers) Act 1984 and includes
amendments made by other written laws 9 . For provisions that have come into
operation, and for information about any reprints, see the compilation table.
Compilation table
Short title |
Number and year |
Assent |
Commencement | |
---|---|---|---|---|
Water Authority Act 1984 10 |
3 of 1984 |
18 May 1984 |
1 Jul 1985 (see s. 2 and Gazette 7 Jun 1985 p. 1931) | |
Acts Amendment and Repeal (Water Authorities) Act 1985 Pt. II |
25 of 1985 |
6 May 1985 |
1 Jul 1985 (see s. 2 and Gazette 7 Jun 1985 p. 1931) | |
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255) | |
Acts Amendment (Water Authorities) Act 1985 Pt. II |
110 of 1985 (as amended by No. 24 of 1987 s. 156; No. 74 of 2003 s. 24) |
17 Dec 1985 |
s. 3-7, 9- 11 and 13: 14 Mar 1986 (see s. 2 and Gazette 14 Mar 1986 p. 726);
| |
Acts Amendment (Water Authority Rates and Charges) Act 1987 Pt. I 3 |
24 of 1987 |
25 Jun 1987 |
14 Jul 1987 (see s. 2 and Gazette 14 Jul 1987 p. 2647) | |
Water Authority Amendment Act 1987 |
48 of 1987 |
3 Oct 1987 |
s. 1 and 2: 3 Oct 1987; | |
Acts Amendment (Public Service) Act 1987 s. 32 |
113 of 1987 |
31 Dec 1987 |
16 Mar 1988 (see s. 2 and Gazette 16 Mar 1988 p. 813) | |
Acts Amendment (Land Administration) Act 1987 Pt. XVII |
126 of 1987 |
31 Dec 1987 |
16 Sep 1988 (see s. 2 and Gazette 16 Sep 1988 p. 3637) | |
Financial Administration Legislation Amendment Act 1993 s. 11 and 15 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) | |
Acts Amendment (Annual Valuations and Land Tax) Act 1993 s. 13 5 |
17 of 1993 |
29 Nov 1993 |
29 Nov 1993 (see s. 2) | |
Acts Amendment (Public Sector Management) Act 1994 s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948) | |
Water Authority Amendment Act 1994 |
34 of 1994 |
8 Jul 1994 |
8 Jul 1994 (see s. 2) | |
Statutes (Repeals and Minor Amendments) Act 1994 s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) | |
Planning Legislation Amendment Act (No. 2) 1994 s. 46(4) |
84 of 1994 |
13 Jan 1995 |
1 Mar 1995 (see s. 2 and Gazette 21 Feb 1995 p. 567) | |
Water Agencies Restructure (Transitional and Consequential Provisions) Act
1995 Pt. 2 4, 5, 11 |
73 of 1995 |
27 Dec 1995 |
1 Jan 1996 (see s. 2(2) and Gazette 29 Dec 1995 p. 6291) | |
Sentencing (Consequential Provisions) Act 1995 Pt. 80 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632) | |
Reprint of the Water Agencies (Powers) Act 1984 as at 30 Apr 1996 (includes
amendments listed above except those in the Acts Amendment (Water Authorities)
Act 1985 s. 12 and the Sentencing (Consequential Provisions) Act 1995 ) | ||||
Taxes and Charges (Land Subdivision) Legislation Amendment Act 1996 Pt. 3 6 |
12 of 1996 |
28 Jun 1996 |
28 Jun 1996 (see s. 2) | |
Local Government (Consequential Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) | |
Acts Amendment (Land Administration) Act 1997 Pt. 64 and s. 142 |
31 of 1997 |
3 Oct 1997 |
30 Mar 1998 (see s. 2 and Gazette 27 Mar 1998 p. 1765) | |
Water Legislation Amendment Act 1997 Pt. 5 |
32 of 1997 |
3 Oct 1997 |
15 Apr 1998 (see s. 2 and Gazette 15 Apr 1998 p. 2041) | |
Statutes (Repeals and Minor Amendments) Act 1997 s. 126 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) | |
Water Services Coordination Amendment Act 1999 s. 11(7) |
39 of 1999 |
9 Nov 1999 |
19 Jun 2000 (see s. 2 and Gazette 16 Jun 2000 p. 2939) | |
Reprint of the Water Agencies (Powers) Act 1984 as at 4 Jan 2000 (includes
amendments listed above except those in the Acts Amendment (Water Authorities)
Act 1985 s. 12 and the Water Services Coordination Amendment Act 1999 ) | ||||
Economic Regulation Authority Act 2003 Sch. 2 Div. 15 |
67 of 2003 |
5 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5723) | |
Statutes (Repeals and Minor Amendments) Act 2003 s. 125 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) | |
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 s. 571 12 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130) | |
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7
Jan 2005 p. 53)) | |
Water Legislation Amendment (Competition Policy) Act 2005 Pt. 7 7 |
25 of 2005 |
12 Dec 2005 |
3 Jun 2006 (see s. 2 and Gazette 2 Jun 2006 p. 1985) | |
Planning and Development (Consequential and Transitional Provisions) Act 2005
s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078) | |
Reprint 3: The Water Agencies (Powers) Act 1984 as at 4 Aug 2006 (includes
amendments listed above) | ||||
38 of 2007 |
21 Dec 2007 |
1 Feb 2008 (see s. 2(2) and Gazette 31 Jan 2008 p. 251) | ||
Standardisation of Formatting Act 2010 s. 51 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) | |
Public Sector Reform Act 2010 s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563) | |
Reprint 4: The Water Agencies (Powers) Act 1984 as at 7 Jan 2011 (includes
amendments listed above) | ||||
Building Act 2011 s. 175 |
24 of 2011 |
11 Jul 2011 |
2 Apr 2012 (see s. 2(b) and Gazette 13 Mar 2012 p. 1033) | |
Statutes (Repeals and Minor Amendments) Act 2011 s. 16 |
47 of 2011 |
25 Oct 2011 |
26 Oct 2011 (see s. 2(b)) | |
Water Services Legislation Amendment and Repeal Act 2012 Pt. 6 |
25 of 2012 |
3 Sep 2012 |
Pt. 6 (other than s. 77(1), 82(1) and 83-85): 18 Nov 2013 (see s. 2(b) and
Gazette 14 Nov 2013 p. 5028): | |
Reprint 5: The Water Agencies (Powers) Act 1984 as at 17 Jan 2014 (includes
amendments listed above except those in the Water Services Legislation
Amendment and Repeal Act 2012 s. 77(1), 82(1) and 83-85 ) | ||||
COVID-19 Response and Economic Recovery Omnibus Act 2020 Pt. 5 Div. 2 Subdiv.
5 |
34 of 2020 |
11 Sep 2020 |
12 Sep 2020 (see s. 2(b)) | |
Swan Valley Planning Act 2020 Pt. 10 Div. 16 |
45 of 2020 |
9 Dec 2020 |
1 Aug 2021 (see s. 2(1)(e) and SL 2021/124 cl. 2) |
1 Repealed by the
Water Resources Legislation Amendment Act 2007 s. 189.
2 Under the Public Sector Management Act 1994
s. 112(1) a reference to the Public Service Act 1978 is to be read as a
reference to the Public Sector Management Act 1994 . The reference was changed
under the Reprints Act 1984 s. 7(3)(gb).
3 The Acts Amendment (Water Authority Rates and
Charges) Act 1987 s. 4 reads as follows:
4. Application of Part
The amendments
effected by this part are of no effect in relation to the
Land Drainage Act 1925 or the doing of anything under or for the purposes of
that Act and the principal Act applies in relation thereto as if this Part had
not been enacted.
4 The Water Agencies Restructure (Transitional and
Consequential Provisions) Act 1995 s. 11(2) and (3) read as follows:
(2) The repeal of
section 6(1) of the principal Act by this section does not affect the
application of any regulations, by-laws or rules that continued to apply under
that subsection and were in force immediately before the commencement of this
section.
(3) Regulations,
by-laws or rules referred to in subsection (2) may be amended or repealed
—
(a) in
the case of regulations or by-laws, as if they were made under the principal
Act as amended by this Act; and
(b) in
the case of rules, as if they were by-laws made under the principal Act as
amended by this Act.
5 The Water Agencies Restructure (Transitional and
Consequential Provisions) Act 1995 s. 20(2) reads as follows:
(2) Any by-laws made
or deemed to be made under section 34(1) of the principal Act as in force
immediately before the commencement of this section are to continue in
operation and have effect for all purposes as if made under that subsection as
amended by this section.
6 The Taxes and Charges (Land Subdivision)
Legislation Amendment Act 1996 s. 9 reads as follows:
9. Application
(1) The amendments
made by section 10 apply only in relation to a charge in respect of a lot
created through a subdivisional plan or diagram approved by the Western
Australian Planning Commission after 30 June 1996.
(2) The amendments
made by section 11 apply if the request to defer payment of an amount in
respect of headworks is made after 30 June 1996, regardless of whether the
requirement to pay the amount was imposed before or after this Act commenced.
7 The Water Legislation Amendment (Competition
Policy) Act 2005 s. 62(2) and (3) read as follows:
(2) Any procedure that
—
(a) has
begun under the Water Agencies (Powers) Act 1984 section 81 in relation to
—
(i)
the acquisition by the Corporation of land or an estate
or interest in land; or
(ii)
the claiming, determination, assessment or recovery of
compensation payable by the Corporation in relation to such an acquisition;
and
(b) has
not been completed immediately before the commencement of this section,
may be continued and
completed under section 81 of that Act as if subsection (1) had not been
enacted.
(3) In subsection (2)
—
Corporation has the meaning given to that term in
the Water Agencies (Powers) Act 1984 section 3(1).
8 The Workplace Agreements Act 1993 expired on 14
September 2003.
9 The
Water Resources Legislation Amendment Act 2007 Pt. 11 deals with certain
transitional issues some of which may be relevant for this Act.
10 Now known as the
Water Agencies (Powers) Act 1984 ; short title changed (see note under s. 1).
11 The Water Agencies Restructure (Transitional
and Consequential Provisions) Act 1995 Pt. 14 contains transitional provisions
relating to the replacement of the Water Authority and Waterways Commission
with the Water Corporation, Water and Rivers Commission and the Coordinator of
Water Services.
12 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative
Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal
Regulations 2004 r. 28 and 42 deal with certain transitional issues some of
which may be relevant for this Act.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
alleged offence
103(1)
alleged offender
103(1)
authorised person 103(1)
CEO
3(1)
conduit 3(1)
confidential
information 112(4)
Department
3(1)
department 3(1), 104(9), 105(8)
designated person 103(1)
drain
3(1)
employing authority 104(9),
105(8)
ERA Minister 14(12)
exempt works
86
fittings 3(1)
fixtures
3(1)
former Authority
3(1)
former Commission 3(1)
former Minister
3(1)
functions 3(1)
general
works 86
government department
3(1)
infringement notice 103(1)
land
3(1), 74
Land Administration Minister
81(14)
major works 86
Metropolitan Water, Sewerage, and Drainage Area
3(1)
Ministerial Body 3(1)
ministerial officer
15(6)
modified penalty
103(1)
occupier 3(1)
organisation
104(9), 105(8)
owner 3(1)
pipe
3(1)
plant 3(1)
premises 3(1)
prescribed person
103(1)
property sewer 3(1)
related
entity 108(3)
relevant Act
3(1)
relevant Minister 81(14)
reservoir
3(1)
road 3(1)
sewage
3(1)
sewer 3(1)
specified 36(5)
statutory authority
3(1)
street 3(1)
surplus water
3(1)
wastewater 3(1)
water corporation 106(1A)
water resources
3(1)
water resources Act
18(2)
water services 3(1)
water services licensee
14(12)
watercourse
3(1)
well 3(1)
wetland
3(1)
works 3(1)