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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Constitution (Water Authorities) Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 2
2. Commencement 2
3. Principal Act 2
4. Entrenchment of certain matters 2
5. New Part VII inserted 4
PART VII--DELIVERY OF WATER SERVICES 4
96. Definitions 4
97. Delivery of water services 5
ENDNOTES 7
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PARLIAMENT OF VICTORIA
Initiated in Assembly 8 April 2003
A BILL
to amend the Constitution Act 1975 so as to entrench the
responsibility of public authorities for ensuring the delivery of water
services and their accountability to responsible Ministers for ensuring
that delivery and for other purposes.
Constitution (Water Authorities) Act
2003
1. The Parliament recognises the importance to
the people of Victoria of the delivery of
water services.
2. In view of that importance, if a publicly
owned body that is accountable to a
responsible Minister of the Crown has
responsibility for ensuring the delivery of a
water service, such a body should continue to
have that responsibility.
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Constitution (Water Authorities) Act 2003
s. 1
Act No.
3. It is therefore desirable that the Parliament
enact a law that secures continued public
responsibility for ensuring the delivery of
water services to the people of Victoria.
The Parliament of Victoria therefore enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Constitution Act 1975 so as to entrench the
responsibility of public authorities for ensuring
5 the delivery of water services and their
accountability to responsible Ministers for
ensuring that delivery.
2. Commencement
This Act comes into operation on the day after the
10 day on which it receives the Royal Assent.
3. Principal Act
See:
In this Act, the Constitution Act 1975 is called Act No.
the Principal Act. 8750.
Reprint No. 15
as at
1 September
2002 and
amending
Act No.
2/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Entrenchment of certain matters
15 (1) In section 18(2) of the Principal Act--
(a) in paragraph (c), after "(4)" insert "or (6)";
(b) after paragraph (f) insert--
"(fa) Part VII; or";
(c) in paragraph (g), for "(f)" substitute "(fa)";
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Constitution (Water Authorities) Act 2003
s. 4
Act No.
(d) after "varied" insert "or any Bill by which--
(h) responsibility for ensuring the delivery
of a water service (within the meaning
of Part VII) may be transferred to a
5 person or body that is not a public
authority (within the meaning of that
Part) or the accountability to a
responsible Minister of the Crown of
such an authority for ensuring the
10 delivery of such a service may be
removed--".
(2) After section 18(5) of the Principal Act insert--
"(6) Sub-section (2) does not apply to any Bill
to--
15 (a) enable a public authority (within the
meaning of Part VII) to enter into an
arrangement of any kind with a person
or body (including an independent
contractor) relating to the delivery of a
20 water service (within the meaning of
that Part); or
(b) alter the structure, composition or
membership of a public authority
(within the meaning of Part VII) that
25 has responsibility for ensuring the
delivery of a water service (within the
meaning of that Part) if the alteration
does not affect its status or the status of
a successor body as such a public
30 authority accountable to a responsible
Minister of the Crown for ensuring the
delivery of that service.".
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Constitution (Water Authorities) Act 2003
s. 5
Act No.
5. New Part VII inserted
After Part VI of the Principal Act insert--
'PART VII--DELIVERY OF WATER SERVICES
96. Definitions
5 In this Part--
"public authority" means--
(a) a public statutory authority; or
(b) a Council within the meaning of
the Local Government Act 1989;
10 or
(c) a company (within the meaning of
the Corporations Act) all the
shares in which are held by or on
behalf of the State; or
15 (d) an Agency Head within the
meaning of the Public Sector
Management and Employment
Act 1998 who is a corporation
sole;
20 "public statutory authority" means a body,
whether corporate or unincorporate,
that is established by or under an Act
for a public purpose but does not
include a company (within the meaning
25 of the Corporations Act) in which all
the shares are not held by or on behalf
of the State;
"water legislation" means the Water Act
1989, the Water Industry Act 1994 or
30 the Melbourne and Metropolitan
Board of Works Act 1958;
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Constitution (Water Authorities) Act 2003
s. 5
Act No.
"water service" means a service relating
to--
(a) water supply; or
(b) sewerage; or
5 (c) irrigation; or
(d) water collection and storage; or
(e) sewage treatment--
for ensuring the delivery of which a
public authority has responsibility
10 under water legislation, including under
a licence issued under water legislation.
97. Delivery of water services
(1) If at any time on or after the commencement
of section 5 of the Constitution (Water
15 Authorities) Act 2003 a public authority has
responsibility for ensuring the delivery of a
water service, that or another public
authority must continue to have that
responsibility.
20 (2) A public authority that, at any time on or
after the commencement of section 5 of the
Constitution (Water Authorities) Act
2003, has responsibility for ensuring the
delivery of a water service must, while it has
25 that responsibility, be accountable to a
responsible Minister of the Crown for
ensuring the delivery of that service.
(3) Nothing in this section prevents a public
authority that has responsibility for ensuring
30 the delivery of a water service entering into
an arrangement of any kind with a person or
body (including an independent contractor)
relating to the delivery of that service while
itself retaining that responsibility and
35 remaining accountable to a responsible
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Constitution (Water Authorities) Act 2003
s. 5
Act No.
Minister of the Crown for ensuring the
delivery of that service.
(4) Nothing in this section prevents the making
of an alteration to the structure, composition
5 or membership of a public authority that has
responsibility for ensuring the delivery of a
water service if the alteration does not affect
its status or the status of a successor body as
a public authority accountable to a
10 responsible Minister of the Crown for
ensuring the delivery of that service.'.
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Constitution (Water Authorities) Act 2003
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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