Commonwealth Numbered Acts Commonwealth Numbered Acts(1) Water market rules apply to an act, or a failure to do an act, by an infrastructure operator that has an effect on:
(a) the ability of a person who holds an irrigation right against the operator to obtain a water access entitlement; or
(b) the ability of a person who held an irrigation right against the operator to trade or transfer a water access entitlement;
if one or more of the paragraphs in subsection (2) or (3) are satisfied.
(2) This subsection applies if:
(a) the infrastructure operator or the person who holds, or held, the irrigation right is a constitutional corporation; or
(b) the act is done, or the failure to do the act occurs, in the course of trade and commerce between the States or between a State and a Territory; or
(c) the act is done, or the failure to do the act occurs, in a Territory; or
(d) the water access right, or the irrigation right, relates to a water resource in a Territory; or
(e) the act is done, or the failure to do the act occurs, using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution).
(3) This subsection applies if:
(a) the act is done, or the failure to do the act occurs, in a referring State; or
(b) the act, or the failure to do the act, has an effect in a referring State; or
(c) the water access right, or the irrigation right, relates to a water resource in a referring State.
(4) Subsections (2) and (3) (and the paragraphs of each of those subsections):
(a) have effect independently of each other; and
(b) do not limit the operation (if any) that the water market rules validly have apart from this section.