Western Australian Current Acts Western Australian Current Acts (1) The Minister may
direct a water service licensee to give the Minister specified information, or
information relevant to a specified matter, that the Minister considers is
relevant to the Minister’s functions under, or relating to, this Act or
a relevant Act.
(2) The direction must
be in writing, must specify the time period (in days) within which it must be
complied with and may specify the form and manner in which the information is
to be provided.
(3) The licensee must
comply with the direction even though the direction requires the licensee to
give the Minister information that is confidential or commercially sensitive.
(4) If the licensee
objects to the direction the licensee is to notify the Minister, in writing
within 7 days of receipt of the direction, of its objection and any reasons
for it.
(5) If the licensee
gives a notice to the Minister under subsection (4) —
(a) the
Minister is to consult with the ERA Minister and, having regard to those
consultations, is to cancel or confirm the direction; and
(b) the
licensee is not required to comply with the direction unless it is confirmed.
(6) If the Minister
confirms a direction —
(a) the
Minister must notify the licensee; and
(b) the
time period within which the direction must be complied with commences on the
day on which it is confirmed.
(7) The licensee, a
subsidiary of the licensee or a person performing functions for or on behalf
of the licensee or subsidiary incurs no civil or criminal liability as a
result of complying with the direction, and is not to be regarded for any
purpose as being in breach of any duty of confidentiality.
(8) A water services
licensee that does not comply with a direction that has not been objected to
or that has been confirmed commits an offence.
Penalty: $5 000.
(9) The Minister must
cause a copy of a direction under subsection (1) (other than a direction that
has been cancelled) to be laid before each House of Parliament, or dealt with
under section 110, within 14 days after the day on which the direction is
given or confirmed (which ever is the later).
(10) The annual report
submitted by the accountable authority of the Department under Part 5 of the
Financial Management Act 2006 is to list each direction under subsection (1)
in the year (other than a direction that has been cancelled).
(11) For the purposes
of subsection (9) or (10), the Minister or the accountable authority (which
ever is relevant) may obliterate or omit so much of the direction as is
necessary to avoid disclosing confidential or commercially sensitive material.
(12) In this section
—
ERA Minister means the Minister administering the
Economic Regulation Authority Act 2003 ;
water services licensee means a licensee as
defined in the Water Services Act 2012 section 3(1).
[Section 14 inserted: No. 38 of 2007 s. 107;
amended: No. 25 of 2012 s. 81.]