WATER ACT 2000 - SECT 585
Duties and liabilities of water authority officers
WATER ACT 2000 - SECT 585
Duties and liabilities of water authority officers
585 Duties and liabilities of water authority officers
(1) An officer of a water authority must act honestly in exercising powers,
and discharging functions, as an officer of the authority.
Penalty—
Maximum penalty—
(a) if the contravention is committed for a fraudulent
purpose—500 penalty units or imprisonment for 5 years; or
(b) in any other
case—100 penalty units.
(2) In exercising powers and discharging
functions, an officer of a water authority must exercise the degree of care
and diligence that a reasonable person in a like position in a water authority
would exercise in the authority’s circumstances.
Penalty—
Maximum
penalty—100 penalty units.
(3) An officer of a water authority, or a
person who has been an officer of a water authority, must not make improper
use of information acquired because of his or her position as an officer of a
water authority—
(a) to gain, directly or indirectly, an advantage for
himself or herself or for another person; or
(b) to cause detriment to the
authority.
Penalty—
Maximum penalty—500 penalty units or
imprisonment for 5 years.
(4) An officer of a water authority must not make
improper use of his or her position as an officer of the authority—
(a) to
gain, directly or indirectly, an advantage for himself or herself or another
person; or
(b) to cause detriment to the authority.
Penalty—
Maximum
penalty—500 penalty units or imprisonment for 5 years.
(5) If a person
contravenes this section in relation to a water authority, the authority may
recover from the person as a debt due to the authority—
(a) if the person or
another person made a profit because of the contravention—an amount equal to
the profit; and
(b) if the authority suffered loss or damage because of the
contravention—an amount equal to the loss or damage.
(6) An amount may be
recovered from the person under subsection (5) whether or not the person has
been convicted of an offence in relation to the contravention.
(a) is in
addition to, and does not limit, any rule of law relating to the duty or
liability of a person because of the person’s office in relation to a
corporation; and
(b) does not prevent civil proceedings being instituted for
a breach of the duty or the liability.
(9) In this section—
"officer" , of a water authority, includes—
(a) an employee of the water
authority; and
(b) an employee of a government entity who performs work for
the water authority under a work performance arrangement between the water
authority and the government entity.
