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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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