SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 104 Interim participation agreement

SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 104

104 Interim participation agreement

(1) Until 1 July 2010, a distributor-retailer’s participating local governments may make an agreement (the
"interim agreement" ) about the following matters for the distributor-retailer—

(a) who are to be its participants;

(b) who are to be the members of its board;

(c) a process for making board decisions;

(d) any other matter for which a participation agreement may or must provide that the participating local governments consider is appropriate.

(2) The participating local governments must give the Minister a copy of the interim agreement as soon as practicable after making it.

(3) The interim agreement takes effect as the distributor-retailer’s participation agreement until the earlier of the following—

(a) 1 July 2010;

(b) a participation agreement for the distributor-retailer takes effect under section 23 or 24.

(4) Chapter 2, part 3, does not apply to the making of the interim agreement.

(5) Despite section 33, the interim agreement may provide for—

(a) the board to have only 2 members; or

(b) an appointment to the board that contravenes section 33(4) to (6).

(6) However, a person appointed under the interim agreement as a board member ceases to hold office on 30 June 2010.

(7) Subsection (6) does not stop the person from being appointed as a board member from 1 July 2010 if the person is eligible to be so appointed under this Act and the participation agreement for the distributor-retailer.

(8) Sections 38 to 40 and 42 do not apply to a board appointed under the interim agreement.