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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Water and Another Act
Amendment Bill 2009
Queensland
Water and Another Act Amendment Bill
2009
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Replacement of s 348 (Appointment). . . . . . . . . . . . . . . . . . . . . . 4
348 Membership of commission . . . . . . . . . . . . . . . . . . . . 4
348A Appointment of commissioner . . . . . . . . . . . . . . . . . . 4
5 Replacement of ss 354 to 360A . . . . . . . . . . . . . . . . . . . . . . . . . . 4
354 Conflicts of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . 5
355 Acting commissioner . . . . . . . . . . . . . . . . . . . . . . . . . 5
Division 4 Records of decisions
356 Records required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Amendment of s 360B (Commission's staff) . . . . . . . . . . . . . . . . 6
7 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 7
Schedule Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Public Service Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2009
A Bill
for
An Act to amend the Water Act 2000 and to make a
consequential amendment to the Public Service Act 2008
Water and Another Act Amendment Bill 2009
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Water and Another Act 3
Amendment Act 2009. 4
Clause 2 Commencement 5
This Act commences on the later of the following days-- 6
(a) the date of assent; 7
(b) 19 June 2009. 8
Clause 3 Acts amended 9
(1) This Act amends the Water Act 2000. 10
(2) The schedule also amends the Public Service Act 2008. 11
Clause 4 Replacement of s 348 (Appointment) 12
Section 348-- 13
omit, insert-- 14
`348 Membership of commission 15
`The commission consists of 1 commissioner. 16
`348A Appointment of commissioner 17
`(1) The commissioner is to be appointed by the Governor in 18
Council. 19
`(2) The appointment may be full-time or part-time.'. 20
Clause 5 Replacement of ss 354 to 360A 21
Sections 354 to 360A-- 22
Page 4
Water and Another Act Amendment Bill 2009
[s 5]
omit, insert-- 1
`354 Conflicts of interest 2
`(1) This section applies if-- 3
(a) the commissioner has a direct or indirect pecuniary 4
interest in a matter the subject of a function of the 5
commissioner; and 6
(b) the commissioner is performing or is proposing to 7
perform the function; and 8
(c) the interest could conflict with the proper performance 9
of the function. 10
`(2) The commissioner-- 11
(a) must, as soon as practicable, disclose the interest to the 12
Minister; and 13
(b) must not perform or continue to perform the function. 14
`(3) In this section-- 15
function includes power. 16
`355 Acting commissioner 17
`(1) This section applies if-- 18
(a) the commissioner has not been appointed; or 19
(b) the office of the commissioner is vacant; or 20
(c) the appointed commissioner (the usual commissioner) 21
is absent or is unable to perform the functions or a 22
particular function of the commissioner because of 23
illness or another reason. 24
Example of another reason-- 25
performance of the function by the commissioner is prohibited 26
under section 354(2)(b) 27
`(2) The Minister may, by signed notice, appoint a person to act in 28
the office of the commissioner to perform-- 29
(a) generally--all of its functions; or 30
Page 5
Water and Another Act Amendment Bill 2009
[s 6]
(b) for an inability to perform a particular function--that 1
function. 2
`(3) The appointment is under this Act and not the Public Service 3
Act 2008. 4
`(4) For the circumstances mentioned in subsection (1)(a) or (b), 5
the appointment ends when, if the Governor in Council 6
appoints someone else as the commissioner, the term of that 7
appointment starts. 8
`(5) Also, for the circumstances mentioned in subsection (1)(c) the 9
appointment ends if the Minister gives the appointee notice 10
that the usual commissioner has resumed the functions the 11
subject of the appointment. 12
`(6) The Acts Interpretation Act 1954, section 24B(7D) to (15) 13
applies to the appointee as if the appointee had been appointed 14
under that section. 15
`(7) This section does not limit or otherwise affect the Acts 16
Interpretation Act 1954, section 24B. 17
`(8) In this section-- 18
function includes power. 19
`Division 4 Records of decisions 20
`356 Records required 21
`The commissioner must keep a record of the commission's 22
decisions.'. 23
Clause 6 Amendment of s 360B (Commission's staff) 24
(1) Section 360B(1), from `, including' to `officer'-- 25
omit. 26
(2) Section 360B(2), `Public Service Act 1996'-- 27
omit, insert-- 28
`Public Service Act 2008'. 29
Page 6
Water and Another Act Amendment Bill 2009
[s 7]
(3) Section 360B(3), `chairperson'-- 1
omit, insert-- 2
`commissioner'. 3
Clause 7 Amendment of sch 4 (Dictionary) 4
(1) Schedule 4, definitions, chairperson and commissioner-- 5
omit. 6
(2) Schedule 4-- 7
insert-- 8
`commissioner means the commissioner appointed under 9
section 348A.'. 10
Page 7
Water and Another Act Amendment Bill 2009
Schedule
Schedule Consequential amendments 1
section 3 2
Public Service Act 2008 3
1 Schedule 1, entry for Queensland Water Commission-- 4
omit, insert-- 5
`Queensland Water Commission under the commissioner under the
the Water Act 2000 Water Act 2000'.
Water Act 2000 6
1 Chapter 2A, part 2, division 3, heading-- 7
omit, insert-- 8
`Division 3 Membership'. 9
2 Sections 349, 350 and 353(2), `a commissioner'-- 10
omit, insert-- 11
`the commissioner'. 12
3 Sections 351 and 352, `A commissioner'-- 13
omit, insert-- 14
`The commissioner'. 15
Page 8
Water and Another Act Amendment Bill 2009
Schedule
4 Section 353(1), `a commissioner's'-- 1
omit, insert-- 2
`the commissioner's'. 3
© State of Queensland 2009
Page 9
AMENDMENTS TO BILL
Water and Another Act Amendment Bill 2009
Water and Another Act Amendment Bill
2009
Amendments agreed to during Consideration
1 After clause 3--
At page 4, after line 11--
insert--
`3A Insertion of new s 343A
`After section 343--
insert--
`343A Commission not generally subject to direction
`(1) Despite section 343, the commission is not subject to
direction by an entity of or representing the State.
`(2) Subsection (1) applies subject to any other contrary provision
of this Act or a contrary provision of another Act.'.'.
2 After clause 6--
At page 7, after line 3--
insert--
`6A Insertion of new ch 2A, pt 7
Chapter 2A--
insert--
`Part 7 Minister's reserve power
`360ZH Public interest directions for commission's non-advisory
functions
`(1) The Minister may give the commission a written direction
about the performance of its functions if satisfied that,
Page 1
Water and Another Act Amendment Bill 2009
because of exceptional circumstances, it is necessary to do so
in the public interest.
`(2) However--
(a) a direction under subsection (1) can not be given for any
of the commission's advisory functions; and
(b) before giving the direction the Minister must consult
with the commission.
`(3) The Minister may carry out the consultation in any way the
Minister considers appropriate.
`(4) The direction may state a period within which, or a way in
which, it must be complied with.
`(5) The stated period must be one that, in all the circumstances, is
reasonable.
`(6) The direction may suspend or otherwise affect the operation
of another instrument made or given under this Act.
`(7) The Minister must publish a copy of the direction in the
gazette within 15 days after it is given.
`(8) In this section--
advisory functions, for the commission, means its functions
under section 345(a), 360D(1)(b), 360E, 360I, 360ZCO,
360ZCP or 1141.
functions includes powers.
instrument does not include subordinate legislation.
`360ZI Relationship with other instruments under Act
`(1) This section applies if there is an inconsistency between a
direction given under section 360ZH and another instrument
made or given under this Act.
`(2) The direction prevails to the extent of the inconsistency.
Example of another instrument--
a regional water security program
Page 2
Water and Another Act Amendment Bill 2009
`(3) If the direction suspends or otherwise affects the operation of
the other instrument, the direction does not amend the other
instrument.
`(4) In this section--
instrument does not include subordinate legislation.'.'.
© State of Queensland 2009
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