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WATER ACT 2007 - SECT 86J Additional powers of the Authority

WATER ACT 2007 - SECT 86J

Additional powers of the Authority

  (1)   The Authority has, in connection with:

  (a)   the performance of its functions and duties under this Part; and

  (b)   the exercise of its powers under this Part;

such powers in a Basin State that is a referring State, or in the Australian Capital Territory, as it has in connection with the performance of its other functions under this Act.

  (2)   The application of subsection   (1) to the Authority's powers under Part   10 in relation to premises in, or information held in, a referring State or the Australian Capital Territory is not limited by section   219 or by subsection   222D(1).

  (3)   Part   10 so applies as if references in section   221 to the Authority's functions under section   219 included references to the Authority's functions under this Part.

  (4)   However:

  (a)   an authorised officer must not enter premises under Subdivision B of Division   2 of that Part as applied by this section unless he or she reasonably believes this is necessary for the performance of any of the Authority's functions under this Part; and

  (d)   the Authority must not require a person to give information under Division   3 of that Part as applied by this section unless the Authority has reason to believe that information relating to either of the following matters:

  (i)   the preparation and implementation of the Basin Plan in the way provided for in this Part;

  (ii)   a matter that is relevant to the performance of the Authority's functions under this Part and that is specified in regulations made for the purposes of this paragraph;

    is in the person's possession, custody or control (whether held electronically or in any other form).

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