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National Water Commission Bill 2004

Part 7 Miscellaneous


43   Confidentiality

                   A person commits an offence if:

                     (a)  the person obtains information in, or in connection with, the performance of the person’s function or duty for the purposes of this Act; and

                     (b)  the person makes a record of or discloses that information; and

                     (c)  either:

                              (i)  the record or disclosure is not made in the course of performing that, or any other, function or duty for the purposes of this Act; or

                             (ii)  the record or disclosure is not required or permitted by law.

Penalty:  Imprisonment for 2 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

44   Public availability of assessments

             (1)  The NWC may make its assessments under paragraphs 7(2)(a), (g), (h) and (i) and (3)(a) and (b) available to the public only with the agreement of the Minister.

             (2)  The NWC must not make any other advice or recommendations available to the public.

45   Annual report

             (1)  The NWC must, within 60 days after the end of each year ending on 30 June, give the Minister a report on its operations during that year, for presentation to the Parliament.

Note:          See also section 34C of the Acts Interpretation Act 1901 , which contains extra rules about annual reports.

             (2)  If financial assistance from the Australian Water Fund Account or another Commonwealth program referred to in subparagraph 7(1)(d)(ii) was administered during a year under this Act, then the report relating to that year must set out:

                     (a)  the name of the individual or body to whom financial assistance was given; and

                     (b)  the amount and purpose of the financial assistance.

             (3)  If a person was engaged under section 37 during a year, then the report relating to that year must set out:

                     (a)  the name of the individual or body who was engaged; and

                     (b)  the manner in which the individual or body assisted in the performance of the NWC’s functions.

             (4)  The Minister must give a copy of the report to the relevant Minister for each of the parties to the NWI (other than the Commonwealth) at the same time as the report is presented to the Parliament.

46   Regulations

                   The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.