{"id":"C2004A01391","name":"National Water Commission Act 2004","slug":"national-water-commission-act-2004","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"156 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6215,"registerId":"commonwealth-C2004A01391-current","compilationNumber":null,"startDate":"2026-03-30","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the National Water Commission Act 2004.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Object of this Act","content":"#### 3 Object of this Act\n\n  The object of this Act is to establish the National Water Commission, as an independent statutory body, as required by the National Water Initiative.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> CEO or Chief Executive Officer means the Chief Executive Officer appointed in accordance with section 25.\n\n> Chair means the Chair of the NWC.\n\n> COAG means the Council of Australian Governments, and includes any subcommittee (however described) of COAG that deals with matters relating to water.\n\n> COAG Water Reform Framework means the agreement, executed by COAG in 1994 to reform the management and regulation of Australia’s water resources, as incorporated into the Agreement to Implement National Competition Policy and Related Reforms, and as amended from time to time.\n\n> Commissioner means a Commissioner of the NWC appointed in accordance with section 11 and includes the Chair.\n\n> full‑time CEO means a CEO appointed on a full‑time basis.\n\n> full‑time Commissioner means a Commissioner appointed on a full‑time basis.\n\n> NWC or National Water Commission means the National Water Commission established by section 6.\n\n> NWI or National Water Initiative means the Intergovernmental Agreement on a National Water Initiative between the Commonwealth of Australia and the Governments of New South Wales, Victoria, Queensland, South Australia, the Australian Capital Territory and the Northern Territory, signed on 25 June 2004, and as amended from time to time.\n\n> part‑time CEO means a CEO appointed on a part‑time basis.\n\n> part‑time Commissioner means a Commissioner appointed on a part‑time basis.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"This Act binds the Crown","content":"#### 5 This Act binds the Crown\n\n  This Act binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Establishment of the National Water Commission (NWC)","content":"## Part 2—Establishment of the National Water Commission (NWC)","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Establishment of the NWC","content":"#### 6 Establishment of the NWC\n\n  (1) The National Water Commission (NWC) is established by this section.\n  (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the NWC is a listed entity; and\n    (b) the CEO is the accountable authority of the NWC; and\n    (c) the following persons are officials of the NWC:\n    (i) the CEO;\n    (ii) the Commissioners;\n    (iii) the staff of the NWC referred to in section 35;\n    (iv) persons whose services are made available to the NWC under section 36;\n    (v) consultants engaged under section 37; and\n    (d) the purposes of the NWC include:\n    (i) the functions of the NWC referred to in section 7; and\n    (ii) the functions of the CEO referred to in section 24.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Functions of the NWC","content":"#### 7 Functions of the NWC\n\n  (1) The NWC has the following functions:\n    (a) if requested by COAG, to carry out audits to determine:\n    (i) whether parties to the NWI are implementing their commitments under the NWI, or any other agreement between the Commonwealth and a State or Territory, in relation to the parties’ management and regulation of their water resources; and\n    (ii) the effectiveness of that implementation;\n    (b) every 3 years:\n    (i) to assess the progress of parties to the NWI towards achieving the objectives and outcomes of, and within the timelines required by, the NWI; and\n    (ii) to advise COAG of those assessments; and\n    (iii) to advise and make recommendations to COAG on actions that the parties might take to better achieve those objectives and outcomes;\n    (c) to conduct any other assessments in relation to matters relating to:\n    (i) the NWI; or\n    (ii) any other agreement between the Commonwealth and a State or Territory, but only if that other agreement provides for the NWC to have this function;\n    particularly in relation to matters that are significant for achieving the objectives and outcomes of the NWI;\n    (d) to monitor areas that are significant for achieving the objectives and outcomes of the NWI;\n    (e) to assist with the implementation of the NWI by providing information and guidance in relation to the functions mentioned in paragraphs (a) to (d), and to undertake activities that promote the objectives and outcomes of the NWI;\n    (f) if requested to do so by the Minister, to advise and make recommendations to the Commonwealth in relation to the functions mentioned in paragraphs (a) to (d);\n    (g) if requested to do so by the Minister, to advise and make recommendations to the Minister in relation to any Commonwealth program that relates to the management and regulation of Australia’s water resources;\n    (h) to advise COAG on whether a State or Territory is implementing its commitments under any agreement (other than the NWI) between the Commonwealth and the State or Territory relating to the management and regulation of Australia’s water resources, but only if the agreement provides for the NWC to have this function;\n    (i) if requested by COAG, to conduct any study or analysis, or to provide any report, in relation to:\n    (i) matters of national significance relating to water (including the sustainable management of water resources and access to, and use of, water); or\n    (ii) the COAG Water Reform Framework;\n    (j) any other function conferred by another law of the Commonwealth or prescribed by the regulations.\n  Giving advice and making recommendations\n  (4) The NWC is to give all advice and make all recommendations under this section by giving the advice and making the recommendations to the Minister.\n  (4A) The NWC is to give advice and make recommendations to COAG under this section by giving the advice and making the recommendations to the parties to the NWI at the same time as the advice is given, and the recommendations are made, to the Minister. Parties to the NWI that are given advice and to whom recommendations are made under this subsection are not required to be given the advice or the recommendations by the Minister.\n  Parties to the NWI include the Commonwealth\n  (5) To avoid doubt, a reference in this section (other than in subsection (4A)) to the parties to the NWI includes a reference to the Commonwealth.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Constitution of the NWC","content":"## Part 3—Constitution of the NWC","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Constitution of the NWC","content":"#### 8 Constitution of the NWC\n\n  (1) The NWC consists of:\n    (a) the Chair; and\n    (b) at least 2, but no more than 4, Commissioners nominated in accordance with subsection (2) or (3).\n\n> Note: The Chair is also a Commissioner: see the definition of Commissioner in section 4.\n\n  (2) The Commonwealth must nominate a person to be appointed as the Chair in consultation with the other parties to the NWI. The Commonwealth may nominate no more than 2 other persons to be appointed as Commissioners.\n  (3) The parties to the NWI (other than the Commonwealth) may nominate no more than 2 persons to be appointed as Commissioners.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Conduct of Commissioners","content":"#### 10 Conduct of Commissioners\n\n  Each Commissioner must act in the best interests of the NWC.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Appointment of Commissioners","content":"#### 11 Appointment of Commissioners\n\n  (1) A Commissioner is to be appointed by the Governor‑General by written instrument, on either a full‑time or part‑time basis.\n\n> Note: A Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) A Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (3) A person is not eligible for appointment as a Commissioner unless the person has a high level of expertise in an area relevant to the functions of the NWC. Relevant areas include, but are not limited to, the following:\n    (a) water resource management;\n    (b) freshwater ecology or hydrology;\n    (c) resource economics;\n    (d) public sector governance;\n    (e) the audit, evaluation or implementation of programs relating to natural resource management.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Acting appointments","content":"#### 12 Acting appointments\n\n  The Minister may appoint a person to act as a Commissioner:\n    (a) during a vacancy in the office of the Commissioner, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note 1: The Chair is also a Commissioner: see the definition of Commissioner in section 4.\n\n> Note 2: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Remuneration","content":"#### 13 Remuneration\n\n  (1) A Commissioner is to be paid remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the regulations.\n  (2) A Commissioner is to be paid the allowances that are prescribed by the regulations.\n  (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Leave of absence","content":"#### 14 Leave of absence\n\n  (1) A full‑time Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a full‑time Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n  (3) The Chair may grant leave of absence to any part‑time Commissioner on the terms and conditions that the Chair determines.\n  (4) If the Chair is a part‑time Commissioner, the Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Outside employment","content":"#### 15 Outside employment\n\n  (1) A full‑time Commissioner must not engage in paid employment outside the duties of the Commissioner’s office without the Minister’s consent.\n  (2) A part‑time Commissioner must not engage in paid employment that conflicts or could conflict with the proper performance of the Commissioner’s duties without the Minister’s consent.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Other terms and conditions","content":"#### 16 Other terms and conditions\n\n  A Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Resignation","content":"#### 17 Resignation\n\n  (1) A Commissioner may resign his or her appointment by giving the Governor‑General a written resignation.\n  (2) If the Chair resigns his or her appointment, then he or she must resign as both the Chair and a Commissioner.\n\n> Note: This does not prevent a person who has been appointed as both the Chair and a Commissioner from being re‑appointed only as a Commissioner.","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Termination of appointment","content":"#### 18 Termination of appointment\n\n  All Commissioners\n  (1) The Governor‑General may terminate the appointment of a Commissioner:\n    (a) for misbehaviour or physical or mental incapacity; or\n    (b) if the Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (c) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n  Additional grounds: full‑time Commissioners\n  (2) The Governor‑General may terminate the appointment of a full‑time Commissioner if:\n    (a) the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (b) the Commissioner engages, except with the Minister’s consent, in paid employment outside the duties of his or her office.\n  Additional grounds: part‑time Commissioners\n  (3) The Governor‑General may terminate the appointment of a part‑time Commissioner if:\n    (a) the Commissioner is absent, except on leave of absence, from 3 consecutive meetings of the NWC; or\n    (b) the Commissioner engages, except with the Minister’s consent, in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Meetings","content":"#### 19 Meetings\n\n  (1) The Chair must convene at least 5 meetings of the NWC in each calendar year.\n  (2) Meetings of the NWC must be held at such places as the Chair determines.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.\n\n  (3) At a meeting of the NWC, 3 Commissioners constitute a quorum.\n  (4) The Chair must preside at all meetings of the NWC at which he or she is present.\n  (5) If the Chair is absent from all or part of a meeting of the NWC, a Commissioner chosen by the other Commissioners present is to preside as Chair.","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Notice of meetings","content":"#### 20 Notice of meetings\n\n  Each Commissioner is entitled to receive reasonable notice of the NWC’s meetings.","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Conduct of meetings","content":"#### 21 Conduct of meetings\n\n  (1) Subject to this Part, the NWC must make rules of procedure, in writing, for dealing with potential conflicts of interest. The NWC may make other rules of procedure to be followed at meetings.\n  (2) The NWC may alter its rules of procedure from time to time.\n  (3) The NWC must make its rules of procedure, as altered from time to time, available to the public.\n  (4) The NWC must ensure that minutes of its meetings are kept.","sortOrder":22},{"sectionNumber":"Part 4","sectionType":"part","heading":"The CEO and staff of the NWC","content":"An Act to establish the National Water Commission, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the National Water Commission Act 2004.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 3 Object of this Act\n\n  The object of this Act is to establish the National Water Commission, as an independent statutory body, as required by the National Water Initiative.\n\n#### 4 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> CEO or Chief Executive Officer means the Chief Executive Officer appointed in accordance with section 25.\n\n> Chair means the Chair of the NWC.\n\n> COAG means the Council of Australian Governments, and includes any subcommittee (however described) of COAG that deals with matters relating to water.\n\n> COAG Water Reform Framework means the agreement, executed by COAG in 1994 to reform the management and regulation of Australia’s water resources, as incorporated into the Agreement to Implement National Competition Policy and Related Reforms, and as amended from time to time.\n\n> Commissioner means a Commissioner of the NWC appointed in accordance with section 11 and includes the Chair.\n\n> full‑time CEO means a CEO appointed on a full‑time basis.\n\n> full‑time Commissioner means a Commissioner appointed on a full‑time basis.\n\n> NWC or National Water Commission means the National Water Commission established by section 6.\n\n> NWI or National Water Initiative means the Intergovernmental Agreement on a National Water Initiative between the Commonwealth of Australia and the Governments of New South Wales, Victoria, Queensland, South Australia, the Australian Capital Territory and the Northern Territory, signed on 25 June 2004, and as amended from time to time.\n\n> part‑time CEO means a CEO appointed on a part‑time basis.\n\n> part‑time Commissioner means a Commissioner appointed on a part‑time basis.\n\n#### 5 This Act binds the Crown\n\n  This Act binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n## Part 2—Establishment of the National Water Commission (NWC)\n\n#### 6 Establishment of the NWC\n\n  (1) The National Water Commission (NWC) is established by this section.\n  (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the NWC is a listed entity; and\n    (b) the CEO is the accountable authority of the NWC; and\n    (c) the following persons are officials of the NWC:\n    (i) the CEO;\n    (ii) the Commissioners;\n    (iii) the staff of the NWC referred to in section 35;\n    (iv) persons whose services are made available to the NWC under section 36;\n    (v) consultants engaged under section 37; and\n    (d) the purposes of the NWC include:\n    (i) the functions of the NWC referred to in section 7; and\n    (ii) the functions of the CEO referred to in section 24.\n\n#### 7 Functions of the NWC\n\n  (1) The NWC has the following functions:\n    (a) if requested by COAG, to carry out audits to determine:\n    (i) whether parties to the NWI are implementing their commitments under the NWI, or any other agreement between the Commonwealth and a State or Territory, in relation to the parties’ management and regulation of their water resources; and\n    (ii) the effectiveness of that implementation;\n    (b) every 3 years:\n    (i) to assess the progress of parties to the NWI towards achieving the objectives and outcomes of, and within the timelines required by, the NWI; and\n    (ii) to advise COAG of those assessments; and\n    (iii) to advise and make recommendations to COAG on actions that the parties might take to better achieve those objectives and outcomes;\n    (c) to conduct any other assessments in relation to matters relating to:\n    (i) the NWI; or\n    (ii) any other agreement between the Commonwealth and a State or Territory, but only if that other agreement provides for the NWC to have this function;\n    particularly in relation to matters that are significant for achieving the objectives and outcomes of the NWI;\n    (d) to monitor areas that are significant for achieving the objectives and outcomes of the NWI;\n    (e) to assist with the implementation of the NWI by providing information and guidance in relation to the functions mentioned in paragraphs (a) to (d), and to undertake activities that promote the objectives and outcomes of the NWI;\n    (f) if requested to do so by the Minister, to advise and make recommendations to the Commonwealth in relation to the functions mentioned in paragraphs (a) to (d);\n    (g) if requested to do so by the Minister, to advise and make recommendations to the Minister in relation to any Commonwealth program that relates to the management and regulation of Australia’s water resources;\n    (h) to advise COAG on whether a State or Territory is implementing its commitments under any agreement (other than the NWI) between the Commonwealth and the State or Territory relating to the management and regulation of Australia’s water resources, but only if the agreement provides for the NWC to have this function;\n    (i) if requested by COAG, to conduct any study or analysis, or to provide any report, in relation to:\n    (i) matters of national significance relating to water (including the sustainable management of water resources and access to, and use of, water); or\n    (ii) the COAG Water Reform Framework;\n    (j) any other function conferred by another law of the Commonwealth or prescribed by the regulations.\n  Giving advice and making recommendations\n  (4) The NWC is to give all advice and make all recommendations under this section by giving the advice and making the recommendations to the Minister.\n  (4A) The NWC is to give advice and make recommendations to COAG under this section by giving the advice and making the recommendations to the parties to the NWI at the same time as the advice is given, and the recommendations are made, to the Minister. Parties to the NWI that are given advice and to whom recommendations are made under this subsection are not required to be given the advice or the recommendations by the Minister.\n  Parties to the NWI include the Commonwealth\n  (5) To avoid doubt, a reference in this section (other than in subsection (4A)) to the parties to the NWI includes a reference to the Commonwealth.\n\n## Part 3—Constitution of the NWC\n\n#### 8 Constitution of the NWC\n\n  (1) The NWC consists of:\n    (a) the Chair; and\n    (b) at least 2, but no more than 4, Commissioners nominated in accordance with subsection (2) or (3).\n\n> Note: The Chair is also a Commissioner: see the definition of Commissioner in section 4.\n\n  (2) The Commonwealth must nominate a person to be appointed as the Chair in consultation with the other parties to the NWI. The Commonwealth may nominate no more than 2 other persons to be appointed as Commissioners.\n  (3) The parties to the NWI (other than the Commonwealth) may nominate no more than 2 persons to be appointed as Commissioners.\n\n#### 10 Conduct of Commissioners\n\n  Each Commissioner must act in the best interests of the NWC.\n\n#### 11 Appointment of Commissioners\n\n  (1) A Commissioner is to be appointed by the Governor‑General by written instrument, on either a full‑time or part‑time basis.\n\n> Note: A Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) A Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (3) A person is not eligible for appointment as a Commissioner unless the person has a high level of expertise in an area relevant to the functions of the NWC. Relevant areas include, but are not limited to, the following:\n    (a) water resource management;\n    (b) freshwater ecology or hydrology;\n    (c) resource economics;\n    (d) public sector governance;\n    (e) the audit, evaluation or implementation of programs relating to natural resource management.\n\n#### 12 Acting appointments\n\n  The Minister may appoint a person to act as a Commissioner:\n    (a) during a vacancy in the office of the Commissioner, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note 1: The Chair is also a Commissioner: see the definition of Commissioner in section 4.\n\n> Note 2: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 13 Remuneration\n\n  (1) A Commissioner is to be paid remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the regulations.\n  (2) A Commissioner is to be paid the allowances that are prescribed by the regulations.\n  (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n\n#### 14 Leave of absence\n\n  (1) A full‑time Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a full‑time Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n  (3) The Chair may grant leave of absence to any part‑time Commissioner on the terms and conditions that the Chair determines.\n  (4) If the Chair is a part‑time Commissioner, the Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n\n#### 15 Outside employment\n\n  (1) A full‑time Commissioner must not engage in paid employment outside the duties of the Commissioner’s office without the Minister’s consent.\n  (2) A part‑time Commissioner must not engage in paid employment that conflicts or could conflict with the proper performance of the Commissioner’s duties without the Minister’s consent.\n\n#### 16 Other terms and conditions\n\n  A Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n#### 17 Resignation\n\n  (1) A Commissioner may resign his or her appointment by giving the Governor‑General a written resignation.\n  (2) If the Chair resigns his or her appointment, then he or she must resign as both the Chair and a Commissioner.\n\n> Note: This does not prevent a person who has been appointed as both the Chair and a Commissioner from being re‑appointed only as a Commissioner.\n\n#### 18 Termination of appointment\n\n  All Commissioners\n  (1) The Governor‑General may terminate the appointment of a Commissioner:\n    (a) for misbehaviour or physical or mental incapacity; or\n    (b) if the Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (c) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n  Additional grounds: full‑time Commissioners\n  (2) The Governor‑General may terminate the appointment of a full‑time Commissioner if:\n    (a) the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (b) the Commissioner engages, except with the Minister’s consent, in paid employment outside the duties of his or her office.\n  Additional grounds: part‑time Commissioners\n  (3) The Governor‑General may terminate the appointment of a part‑time Commissioner if:\n    (a) the Commissioner is absent, except on leave of absence, from 3 consecutive meetings of the NWC; or\n    (b) the Commissioner engages, except with the Minister’s consent, in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.\n\n#### 19 Meetings\n\n  (1) The Chair must convene at least 5 meetings of the NWC in each calendar year.\n  (2) Meetings of the NWC must be held at such places as the Chair determines.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.\n\n  (3) At a meeting of the NWC, 3 Commissioners constitute a quorum.\n  (4) The Chair must preside at all meetings of the NWC at which he or she is present.\n  (5) If the Chair is absent from all or part of a meeting of the NWC, a Commissioner chosen by the other Commissioners present is to preside as Chair.\n\n#### 20 Notice of meetings\n\n  Each Commissioner is entitled to receive reasonable notice of the NWC’s meetings.\n\n#### 21 Conduct of meetings\n\n  (1) Subject to this Part, the NWC must make rules of procedure, in writing, for dealing with potential conflicts of interest. The NWC may make other rules of procedure to be followed at meetings.\n  (2) The NWC may alter its rules of procedure from time to time.\n  (3) The NWC must make its rules of procedure, as altered from time to time, available to the public.\n  (4) The NWC must ensure that minutes of its meetings are kept.\n\n## Part 4—The CEO and staff of the NWC\n\n### Division 1—The CEO\n\n#### Subdivision A—Establishment and functions of the CEO\n\n#### 23 The CEO\n\n  There is to be a Chief Executive Officer (CEO) of the NWC.\n\n#### 24 Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to administer financial assistance, awarded by the Minister to particular projects relating to Australia’s water resources, from any Commonwealth program referred to in paragraph 7(1)(g); and\n    (b) to manage the day‑to‑day administration of the NWC.\n  (2) All acts and things done in the name of, or on behalf of, the NWC by the CEO are taken as having been done by the NWC.\n\n#### Subdivision B—Appointing the CEO\n\n#### 25 Appointing the CEO\n\n  (1) The CEO is to be appointed by the Minister by written instrument, on either a full‑time or part‑time basis.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n  (3) A person may be appointed as both the CEO and a Commissioner (including the Chair). However, one of those appointments must be made on a part‑time basis.\n\n> Note: A person who is appointed as both the CEO and a Commissioner would be appointed for up to 5 years as CEO, and up to 3 years as a Commissioner (see subsection (2) of this section and subsection 11(2)).\n\n#### 26 Acting CEO\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 27 Remuneration\n\n  (1) The CEO is to be paid remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n\n#### 28 Leave of absence\n\n  (1) A full‑time CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a full‑time CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n  (3) The Chair may grant leave of absence to a part‑time CEO on the terms and conditions that the Chair determines.\n  (4) If the Chair is a part‑time CEO, the Minister may grant leave of absence to the part‑time CEO on the terms and conditions that the Minister determines.\n\n#### 29 Outside employment\n\n  (1) A full‑time CEO must not engage in paid employment outside the duties of the CEO’s office without the Minister’s consent.\n  (2) A part‑time CEO must not engage in paid employment that conflicts or could conflict with the proper performance of the CEO’s duties without the Minister’s consent.\n\n#### 30 Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 31 Resignation\n\n  (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n  (2) If the CEO is also a Commissioner, his or her resignation does not affect his or her appointment as a Commissioner.\n\n#### 32 Termination of appointment\n\n  Full‑time or part‑time CEO\n  (1) The Minister may terminate the appointment of the CEO:\n    (a) for misbehaviour or physical or mental incapacity; or\n    (b) if the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (c) if the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (d) if the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n  Additional ground: full‑time CEO\n  (2) The Minister may terminate the appointment of a full‑time CEO if the CEO engages, except with the Minister’s consent, in paid employment outside the duties of his or her office.\n  Additional ground: part‑time CEO\n  (3) The Minister may terminate the appointment of a part‑time CEO if the CEO engages, except with the Minister’s consent, in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.\n\n#### 34 Delegation\n\n  The CEO may, in writing, delegate any of his or her functions to an SES employee or acting SES employee of the NWC staff.\n\n> Note 1: Section 2B of the Acts Interpretation Act 1901 contains the definitions of SES employee and acting SES employee.\n\n> Note 2: See also sections 34AA to 34A of the Acts Interpretation Act 1901, which contain extra rules about delegations.\n\n### Division 2—Staff etc. to assist the NWC\n\n#### 35 Staff of the NWC\n\n  (1) The staff necessary to assist the NWC are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the NWC together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 36 Secondment of persons to assist the NWC\n\n  Secondment of Commonwealth officials\n  (1) The CEO, on behalf of the NWC, may arrange with:\n    (a) an Agency Head within the meaning of the Public Service Act 1999; or\n    (b) an authority of the Commonwealth;\n  for the services of officers or employees of the Agency or the authority to be made available to assist the NWC in the performance of its functions.\n  Secondment of State officials\n  (2) The CEO, on behalf of the NWC, may arrange with the appropriate authority of a State or Territory for the services of officers or employees of the Public Service of the State or Territory to be made available to assist the NWC in the performance of its functions.\n  Reimbursement by the Commonwealth\n  (3) An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State with respect to the services of a person to whom the arrangement relates.\n\n#### 37 Consultants and independent contractors\n\n  (1) The CEO, on behalf of the NWC, may engage consultants and independent contractors to give advice to, or perform services for, the NWC.\n  (2) A person may only be engaged under subsection (1) if the CEO considers that the person has suitable qualifications and experience.\n  (3) The terms and conditions of engagement are as determined by the CEO in writing.\n\n## Part 5—Reviews of the NWC\n\n#### 38 Reviews of the NWC\n\n  (1) Reviews must be conducted of the NWC’s ongoing role and functions in relation to the management and regulation of Australia’s water resources.\n  (2) A review must be conducted before the end of:\n    (a) 2017; and\n    (b) every following 5 year period.\n  (2A) If COAG has provided for a review to be conducted in accordance with a process, the review must be conducted in accordance with that process.\n  (2B) A written report must be made about a review.\n  (3) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Minister receives the report.\n\n## Part 7—Miscellaneous\n\n#### 43 Confidentiality\n\n  A person commits an offence if:\n    (a) the person obtains information in, or in connection with, the performance of the person’s function or duty for the purposes of this Act; and\n    (b) the person makes a record of or discloses that information; and\n    (c) the record or disclosure:\n    (i) is not made in the course of performing that, or any other, function or duty for the purposes of this Act; and\n    (ii) is not required or permitted by any other law.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 44 Public availability of certain documents\n\n  (1) The NWC must make any audit or assessment done for the purposes of paragraph 7(1)(a), (b) or (c) (including any advice given or recommendation made for the purposes of any of those paragraphs) available to the public on the NWC’s website, unless the Minister does not agree.\n  (2) If the Minister does not agree under subsection (1), the Minister must advise the NWC of the reasons for not agreeing. The NWC must make these reasons available to the public on the NWC’s website.\n  (3) The NWC must not make any advice or recommendation (other than an advice or recommendation referred to in subsection (1)) available to the public without the agreement of the Minister.\n\n#### 45 Annual report\n\n  (1) The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the matters set out in subsections (2) and (3).\n  (2) If financial assistance from a Commonwealth program referred to in paragraph 7(1)(g) was administered under this Act during the period, the report must set out:\n    (a) the name of the individual or body to whom financial assistance was given; and\n    (b) the amount and purpose of the financial assistance.\n  (3) If a person was engaged under section 37 during the period, the report must set out:\n    (a) the name of the individual or body who was engaged; and\n    (b) the manner in which the individual or body assisted in the performance of the NWC’s functions.\n  (4) The Minister must give a copy of the report to the relevant Minister for each of the parties to the NWI (other than the Commonwealth) at the same time as the report is presented to the Parliament.\n\n#### 45A Corporate plan\n\n  Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the CEO.\n\n#### 46 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":23},{"sectionNumber":"Division 1","sectionType":"division","heading":"The CEO","content":"An Act to establish the National Water Commission, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the National Water Commission Act 2004.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 3 Object of this Act\n\n  The object of this Act is to establish the National Water Commission, as an independent statutory body, as required by the National Water Initiative.\n\n#### 4 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> CEO or Chief Executive Officer means the Chief Executive Officer appointed in accordance with section 25.\n\n> Chair means the Chair of the NWC.\n\n> COAG means the Council of Australian Governments, and includes any subcommittee (however described) of COAG that deals with matters relating to water.\n\n> COAG Water Reform Framework means the agreement, executed by COAG in 1994 to reform the management and regulation of Australia’s water resources, as incorporated into the Agreement to Implement National Competition Policy and Related Reforms, and as amended from time to time.\n\n> Commissioner means a Commissioner of the NWC appointed in accordance with section 11 and includes the Chair.\n\n> full‑time CEO means a CEO appointed on a full‑time basis.\n\n> full‑time Commissioner means a Commissioner appointed on a full‑time basis.\n\n> NWC or National Water Commission means the National Water Commission established by section 6.\n\n> NWI or National Water Initiative means the Intergovernmental Agreement on a National Water Initiative between the Commonwealth of Australia and the Governments of New South Wales, Victoria, Queensland, South Australia, the Australian Capital Territory and the Northern Territory, signed on 25 June 2004, and as amended from time to time.\n\n> part‑time CEO means a CEO appointed on a part‑time basis.\n\n> part‑time Commissioner means a Commissioner appointed on a part‑time basis.\n\n#### 5 This Act binds the Crown\n\n  This Act binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n## Part 2—Establishment of the National Water Commission (NWC)\n\n#### 6 Establishment of the NWC\n\n  (1) The National Water Commission (NWC) is established by this section.\n  (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the NWC is a listed entity; and\n    (b) the CEO is the accountable authority of the NWC; and\n    (c) the following persons are officials of the NWC:\n    (i) the CEO;\n    (ii) the Commissioners;\n    (iii) the staff of the NWC referred to in section 35;\n    (iv) persons whose services are made available to the NWC under section 36;\n    (v) consultants engaged under section 37; and\n    (d) the purposes of the NWC include:\n    (i) the functions of the NWC referred to in section 7; and\n    (ii) the functions of the CEO referred to in section 24.\n\n#### 7 Functions of the NWC\n\n  (1) The NWC has the following functions:\n    (a) if requested by COAG, to carry out audits to determine:\n    (i) whether parties to the NWI are implementing their commitments under the NWI, or any other agreement between the Commonwealth and a State or Territory, in relation to the parties’ management and regulation of their water resources; and\n    (ii) the effectiveness of that implementation;\n    (b) every 3 years:\n    (i) to assess the progress of parties to the NWI towards achieving the objectives and outcomes of, and within the timelines required by, the NWI; and\n    (ii) to advise COAG of those assessments; and\n    (iii) to advise and make recommendations to COAG on actions that the parties might take to better achieve those objectives and outcomes;\n    (c) to conduct any other assessments in relation to matters relating to:\n    (i) the NWI; or\n    (ii) any other agreement between the Commonwealth and a State or Territory, but only if that other agreement provides for the NWC to have this function;\n    particularly in relation to matters that are significant for achieving the objectives and outcomes of the NWI;\n    (d) to monitor areas that are significant for achieving the objectives and outcomes of the NWI;\n    (e) to assist with the implementation of the NWI by providing information and guidance in relation to the functions mentioned in paragraphs (a) to (d), and to undertake activities that promote the objectives and outcomes of the NWI;\n    (f) if requested to do so by the Minister, to advise and make recommendations to the Commonwealth in relation to the functions mentioned in paragraphs (a) to (d);\n    (g) if requested to do so by the Minister, to advise and make recommendations to the Minister in relation to any Commonwealth program that relates to the management and regulation of Australia’s water resources;\n    (h) to advise COAG on whether a State or Territory is implementing its commitments under any agreement (other than the NWI) between the Commonwealth and the State or Territory relating to the management and regulation of Australia’s water resources, but only if the agreement provides for the NWC to have this function;\n    (i) if requested by COAG, to conduct any study or analysis, or to provide any report, in relation to:\n    (i) matters of national significance relating to water (including the sustainable management of water resources and access to, and use of, water); or\n    (ii) the COAG Water Reform Framework;\n    (j) any other function conferred by another law of the Commonwealth or prescribed by the regulations.\n  Giving advice and making recommendations\n  (4) The NWC is to give all advice and make all recommendations under this section by giving the advice and making the recommendations to the Minister.\n  (4A) The NWC is to give advice and make recommendations to COAG under this section by giving the advice and making the recommendations to the parties to the NWI at the same time as the advice is given, and the recommendations are made, to the Minister. Parties to the NWI that are given advice and to whom recommendations are made under this subsection are not required to be given the advice or the recommendations by the Minister.\n  Parties to the NWI include the Commonwealth\n  (5) To avoid doubt, a reference in this section (other than in subsection (4A)) to the parties to the NWI includes a reference to the Commonwealth.\n\n## Part 3—Constitution of the NWC\n\n#### 8 Constitution of the NWC\n\n  (1) The NWC consists of:\n    (a) the Chair; and\n    (b) at least 2, but no more than 4, Commissioners nominated in accordance with subsection (2) or (3).\n\n> Note: The Chair is also a Commissioner: see the definition of Commissioner in section 4.\n\n  (2) The Commonwealth must nominate a person to be appointed as the Chair in consultation with the other parties to the NWI. The Commonwealth may nominate no more than 2 other persons to be appointed as Commissioners.\n  (3) The parties to the NWI (other than the Commonwealth) may nominate no more than 2 persons to be appointed as Commissioners.\n\n#### 10 Conduct of Commissioners\n\n  Each Commissioner must act in the best interests of the NWC.\n\n#### 11 Appointment of Commissioners\n\n  (1) A Commissioner is to be appointed by the Governor‑General by written instrument, on either a full‑time or part‑time basis.\n\n> Note: A Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) A Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (3) A person is not eligible for appointment as a Commissioner unless the person has a high level of expertise in an area relevant to the functions of the NWC. Relevant areas include, but are not limited to, the following:\n    (a) water resource management;\n    (b) freshwater ecology or hydrology;\n    (c) resource economics;\n    (d) public sector governance;\n    (e) the audit, evaluation or implementation of programs relating to natural resource management.\n\n#### 12 Acting appointments\n\n  The Minister may appoint a person to act as a Commissioner:\n    (a) during a vacancy in the office of the Commissioner, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note 1: The Chair is also a Commissioner: see the definition of Commissioner in section 4.\n\n> Note 2: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 13 Remuneration\n\n  (1) A Commissioner is to be paid remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the regulations.\n  (2) A Commissioner is to be paid the allowances that are prescribed by the regulations.\n  (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n\n#### 14 Leave of absence\n\n  (1) A full‑time Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a full‑time Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n  (3) The Chair may grant leave of absence to any part‑time Commissioner on the terms and conditions that the Chair determines.\n  (4) If the Chair is a part‑time Commissioner, the Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n\n#### 15 Outside employment\n\n  (1) A full‑time Commissioner must not engage in paid employment outside the duties of the Commissioner’s office without the Minister’s consent.\n  (2) A part‑time Commissioner must not engage in paid employment that conflicts or could conflict with the proper performance of the Commissioner’s duties without the Minister’s consent.\n\n#### 16 Other terms and conditions\n\n  A Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n#### 17 Resignation\n\n  (1) A Commissioner may resign his or her appointment by giving the Governor‑General a written resignation.\n  (2) If the Chair resigns his or her appointment, then he or she must resign as both the Chair and a Commissioner.\n\n> Note: This does not prevent a person who has been appointed as both the Chair and a Commissioner from being re‑appointed only as a Commissioner.\n\n#### 18 Termination of appointment\n\n  All Commissioners\n  (1) The Governor‑General may terminate the appointment of a Commissioner:\n    (a) for misbehaviour or physical or mental incapacity; or\n    (b) if the Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (c) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n  Additional grounds: full‑time Commissioners\n  (2) The Governor‑General may terminate the appointment of a full‑time Commissioner if:\n    (a) the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (b) the Commissioner engages, except with the Minister’s consent, in paid employment outside the duties of his or her office.\n  Additional grounds: part‑time Commissioners\n  (3) The Governor‑General may terminate the appointment of a part‑time Commissioner if:\n    (a) the Commissioner is absent, except on leave of absence, from 3 consecutive meetings of the NWC; or\n    (b) the Commissioner engages, except with the Minister’s consent, in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.\n\n#### 19 Meetings\n\n  (1) The Chair must convene at least 5 meetings of the NWC in each calendar year.\n  (2) Meetings of the NWC must be held at such places as the Chair determines.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.\n\n  (3) At a meeting of the NWC, 3 Commissioners constitute a quorum.\n  (4) The Chair must preside at all meetings of the NWC at which he or she is present.\n  (5) If the Chair is absent from all or part of a meeting of the NWC, a Commissioner chosen by the other Commissioners present is to preside as Chair.\n\n#### 20 Notice of meetings\n\n  Each Commissioner is entitled to receive reasonable notice of the NWC’s meetings.\n\n#### 21 Conduct of meetings\n\n  (1) Subject to this Part, the NWC must make rules of procedure, in writing, for dealing with potential conflicts of interest. The NWC may make other rules of procedure to be followed at meetings.\n  (2) The NWC may alter its rules of procedure from time to time.\n  (3) The NWC must make its rules of procedure, as altered from time to time, available to the public.\n  (4) The NWC must ensure that minutes of its meetings are kept.\n\n## Part 4—The CEO and staff of the NWC\n\n### Division 1—The CEO\n\n#### Subdivision A—Establishment and functions of the CEO\n\n#### 23 The CEO\n\n  There is to be a Chief Executive Officer (CEO) of the NWC.\n\n#### 24 Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to administer financial assistance, awarded by the Minister to particular projects relating to Australia’s water resources, from any Commonwealth program referred to in paragraph 7(1)(g); and\n    (b) to manage the day‑to‑day administration of the NWC.\n  (2) All acts and things done in the name of, or on behalf of, the NWC by the CEO are taken as having been done by the NWC.\n\n#### Subdivision B—Appointing the CEO\n\n#### 25 Appointing the CEO\n\n  (1) The CEO is to be appointed by the Minister by written instrument, on either a full‑time or part‑time basis.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n  (3) A person may be appointed as both the CEO and a Commissioner (including the Chair). However, one of those appointments must be made on a part‑time basis.\n\n> Note: A person who is appointed as both the CEO and a Commissioner would be appointed for up to 5 years as CEO, and up to 3 years as a Commissioner (see subsection (2) of this section and subsection 11(2)).\n\n#### 26 Acting CEO\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 27 Remuneration\n\n  (1) The CEO is to be paid remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n\n#### 28 Leave of absence\n\n  (1) A full‑time CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a full‑time CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n  (3) The Chair may grant leave of absence to a part‑time CEO on the terms and conditions that the Chair determines.\n  (4) If the Chair is a part‑time CEO, the Minister may grant leave of absence to the part‑time CEO on the terms and conditions that the Minister determines.\n\n#### 29 Outside employment\n\n  (1) A full‑time CEO must not engage in paid employment outside the duties of the CEO’s office without the Minister’s consent.\n  (2) A part‑time CEO must not engage in paid employment that conflicts or could conflict with the proper performance of the CEO’s duties without the Minister’s consent.\n\n#### 30 Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 31 Resignation\n\n  (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n  (2) If the CEO is also a Commissioner, his or her resignation does not affect his or her appointment as a Commissioner.\n\n#### 32 Termination of appointment\n\n  Full‑time or part‑time CEO\n  (1) The Minister may terminate the appointment of the CEO:\n    (a) for misbehaviour or physical or mental incapacity; or\n    (b) if the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (c) if the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (d) if the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n  Additional ground: full‑time CEO\n  (2) The Minister may terminate the appointment of a full‑time CEO if the CEO engages, except with the Minister’s consent, in paid employment outside the duties of his or her office.\n  Additional ground: part‑time CEO\n  (3) The Minister may terminate the appointment of a part‑time CEO if the CEO engages, except with the Minister’s consent, in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.\n\n#### 34 Delegation\n\n  The CEO may, in writing, delegate any of his or her functions to an SES employee or acting SES employee of the NWC staff.\n\n> Note 1: Section 2B of the Acts Interpretation Act 1901 contains the definitions of SES employee and acting SES employee.\n\n> Note 2: See also sections 34AA to 34A of the Acts Interpretation Act 1901, which contain extra rules about delegations.\n\n### Division 2—Staff etc. to assist the NWC\n\n#### 35 Staff of the NWC\n\n  (1) The staff necessary to assist the NWC are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the NWC together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 36 Secondment of persons to assist the NWC\n\n  Secondment of Commonwealth officials\n  (1) The CEO, on behalf of the NWC, may arrange with:\n    (a) an Agency Head within the meaning of the Public Service Act 1999; or\n    (b) an authority of the Commonwealth;\n  for the services of officers or employees of the Agency or the authority to be made available to assist the NWC in the performance of its functions.\n  Secondment of State officials\n  (2) The CEO, on behalf of the NWC, may arrange with the appropriate authority of a State or Territory for the services of officers or employees of the Public Service of the State or Territory to be made available to assist the NWC in the performance of its functions.\n  Reimbursement by the Commonwealth\n  (3) An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State with respect to the services of a person to whom the arrangement relates.\n\n#### 37 Consultants and independent contractors\n\n  (1) The CEO, on behalf of the NWC, may engage consultants and independent contractors to give advice to, or perform services for, the NWC.\n  (2) A person may only be engaged under subsection (1) if the CEO considers that the person has suitable qualifications and experience.\n  (3) The terms and conditions of engagement are as determined by the CEO in writing.\n\n## Part 5—Reviews of the NWC\n\n#### 38 Reviews of the NWC\n\n  (1) Reviews must be conducted of the NWC’s ongoing role and functions in relation to the management and regulation of Australia’s water resources.\n  (2) A review must be conducted before the end of:\n    (a) 2017; and\n    (b) every following 5 year period.\n  (2A) If COAG has provided for a review to be conducted in accordance with a process, the review must be conducted in accordance with that process.\n  (2B) A written report must be made about a review.\n  (3) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Minister receives the report.\n\n## Part 7—Miscellaneous\n\n#### 43 Confidentiality\n\n  A person commits an offence if:\n    (a) the person obtains information in, or in connection with, the performance of the person’s function or duty for the purposes of this Act; and\n    (b) the person makes a record of or discloses that information; and\n    (c) the record or disclosure:\n    (i) is not made in the course of performing that, or any other, function or duty for the purposes of this Act; and\n    (ii) is not required or permitted by any other law.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 44 Public availability of certain documents\n\n  (1) The NWC must make any audit or assessment done for the purposes of paragraph 7(1)(a), (b) or (c) (including any advice given or recommendation made for the purposes of any of those paragraphs) available to the public on the NWC’s website, unless the Minister does not agree.\n  (2) If the Minister does not agree under subsection (1), the Minister must advise the NWC of the reasons for not agreeing. The NWC must make these reasons available to the public on the NWC’s website.\n  (3) The NWC must not make any advice or recommendation (other than an advice or recommendation referred to in subsection (1)) available to the public without the agreement of the Minister.\n\n#### 45 Annual report\n\n  (1) The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the matters set out in subsections (2) and (3).\n  (2) If financial assistance from a Commonwealth program referred to in paragraph 7(1)(g) was administered under this Act during the period, the report must set out:\n    (a) the name of the individual or body to whom financial assistance was given; and\n    (b) the amount and purpose of the financial assistance.\n  (3) If a person was engaged under section 37 during the period, the report must set out:\n    (a) the name of the individual or body who was engaged; and\n    (b) the manner in which the individual or body assisted in the performance of the NWC’s functions.\n  (4) The Minister must give a copy of the report to the relevant Minister for each of the parties to the NWI (other than the Commonwealth) at the same time as the report is presented to the Parliament.\n\n#### 45A Corporate plan\n\n  Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the CEO.\n\n#### 46 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":24},{"sectionNumber":"Subdivision A","sectionType":"subdivision","heading":"Establishment and functions of the CEO","content":"An Act to establish the National Water Commission, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the National Water Commission Act 2004.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 3 Object of this Act\n\n  The object of this Act is to establish the National Water Commission, as an independent statutory body, as required by the National Water Initiative.\n\n#### 4 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> CEO or Chief Executive Officer means the Chief Executive Officer appointed in accordance with section 25.\n\n> Chair means the Chair of the NWC.\n\n> COAG means the Council of Australian Governments, and includes any subcommittee (however described) of COAG that deals with matters relating to water.\n\n> COAG Water Reform Framework means the agreement, executed by COAG in 1994 to reform the management and regulation of Australia’s water resources, as incorporated into the Agreement to Implement National Competition Policy and Related Reforms, and as amended from time to time.\n\n> Commissioner means a Commissioner of the NWC appointed in accordance with section 11 and includes the Chair.\n\n> full‑time CEO means a CEO appointed on a full‑time basis.\n\n> full‑time Commissioner means a Commissioner appointed on a full‑time basis.\n\n> NWC or National Water Commission means the National Water Commission established by section 6.\n\n> NWI or National Water Initiative means the Intergovernmental Agreement on a National Water Initiative between the Commonwealth of Australia and the Governments of New South Wales, Victoria, Queensland, South Australia, the Australian Capital Territory and the Northern Territory, signed on 25 June 2004, and as amended from time to time.\n\n> part‑time CEO means a CEO appointed on a part‑time basis.\n\n> part‑time Commissioner means a Commissioner appointed on a part‑time basis.\n\n#### 5 This Act binds the Crown\n\n  This Act binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n## Part 2—Establishment of the National Water Commission (NWC)\n\n#### 6 Establishment of the NWC\n\n  (1) The National Water Commission (NWC) is established by this section.\n  (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the NWC is a listed entity; and\n    (b) the CEO is the accountable authority of the NWC; and\n    (c) the following persons are officials of the NWC:\n    (i) the CEO;\n    (ii) the Commissioners;\n    (iii) the staff of the NWC referred to in section 35;\n    (iv) persons whose services are made available to the NWC under section 36;\n    (v) consultants engaged under section 37; and\n    (d) the purposes of the NWC include:\n    (i) the functions of the NWC referred to in section 7; and\n    (ii) the functions of the CEO referred to in section 24.\n\n#### 7 Functions of the NWC\n\n  (1) The NWC has the following functions:\n    (a) if requested by COAG, to carry out audits to determine:\n    (i) whether parties to the NWI are implementing their commitments under the NWI, or any other agreement between the Commonwealth and a State or Territory, in relation to the parties’ management and regulation of their water resources; and\n    (ii) the effectiveness of that implementation;\n    (b) every 3 years:\n    (i) to assess the progress of parties to the NWI towards achieving the objectives and outcomes of, and within the timelines required by, the NWI; and\n    (ii) to advise COAG of those assessments; and\n    (iii) to advise and make recommendations to COAG on actions that the parties might take to better achieve those objectives and outcomes;\n    (c) to conduct any other assessments in relation to matters relating to:\n    (i) the NWI; or\n    (ii) any other agreement between the Commonwealth and a State or Territory, but only if that other agreement provides for the NWC to have this function;\n    particularly in relation to matters that are significant for achieving the objectives and outcomes of the NWI;\n    (d) to monitor areas that are significant for achieving the objectives and outcomes of the NWI;\n    (e) to assist with the implementation of the NWI by providing information and guidance in relation to the functions mentioned in paragraphs (a) to (d), and to undertake activities that promote the objectives and outcomes of the NWI;\n    (f) if requested to do so by the Minister, to advise and make recommendations to the Commonwealth in relation to the functions mentioned in paragraphs (a) to (d);\n    (g) if requested to do so by the Minister, to advise and make recommendations to the Minister in relation to any Commonwealth program that relates to the management and regulation of Australia’s water resources;\n    (h) to advise COAG on whether a State or Territory is implementing its commitments under any agreement (other than the NWI) between the Commonwealth and the State or Territory relating to the management and regulation of Australia’s water resources, but only if the agreement provides for the NWC to have this function;\n    (i) if requested by COAG, to conduct any study or analysis, or to provide any report, in relation to:\n    (i) matters of national significance relating to water (including the sustainable management of water resources and access to, and use of, water); or\n    (ii) the COAG Water Reform Framework;\n    (j) any other function conferred by another law of the Commonwealth or prescribed by the regulations.\n  Giving advice and making recommendations\n  (4) The NWC is to give all advice and make all recommendations under this section by giving the advice and making the recommendations to the Minister.\n  (4A) The NWC is to give advice and make recommendations to COAG under this section by giving the advice and making the recommendations to the parties to the NWI at the same time as the advice is given, and the recommendations are made, to the Minister. Parties to the NWI that are given advice and to whom recommendations are made under this subsection are not required to be given the advice or the recommendations by the Minister.\n  Parties to the NWI include the Commonwealth\n  (5) To avoid doubt, a reference in this section (other than in subsection (4A)) to the parties to the NWI includes a reference to the Commonwealth.\n\n## Part 3—Constitution of the NWC\n\n#### 8 Constitution of the NWC\n\n  (1) The NWC consists of:\n    (a) the Chair; and\n    (b) at least 2, but no more than 4, Commissioners nominated in accordance with subsection (2) or (3).\n\n> Note: The Chair is also a Commissioner: see the definition of Commissioner in section 4.\n\n  (2) The Commonwealth must nominate a person to be appointed as the Chair in consultation with the other parties to the NWI. The Commonwealth may nominate no more than 2 other persons to be appointed as Commissioners.\n  (3) The parties to the NWI (other than the Commonwealth) may nominate no more than 2 persons to be appointed as Commissioners.\n\n#### 10 Conduct of Commissioners\n\n  Each Commissioner must act in the best interests of the NWC.\n\n#### 11 Appointment of Commissioners\n\n  (1) A Commissioner is to be appointed by the Governor‑General by written instrument, on either a full‑time or part‑time basis.\n\n> Note: A Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) A Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (3) A person is not eligible for appointment as a Commissioner unless the person has a high level of expertise in an area relevant to the functions of the NWC. Relevant areas include, but are not limited to, the following:\n    (a) water resource management;\n    (b) freshwater ecology or hydrology;\n    (c) resource economics;\n    (d) public sector governance;\n    (e) the audit, evaluation or implementation of programs relating to natural resource management.\n\n#### 12 Acting appointments\n\n  The Minister may appoint a person to act as a Commissioner:\n    (a) during a vacancy in the office of the Commissioner, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note 1: The Chair is also a Commissioner: see the definition of Commissioner in section 4.\n\n> Note 2: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 13 Remuneration\n\n  (1) A Commissioner is to be paid remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the regulations.\n  (2) A Commissioner is to be paid the allowances that are prescribed by the regulations.\n  (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n\n#### 14 Leave of absence\n\n  (1) A full‑time Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a full‑time Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n  (3) The Chair may grant leave of absence to any part‑time Commissioner on the terms and conditions that the Chair determines.\n  (4) If the Chair is a part‑time Commissioner, the Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n\n#### 15 Outside employment\n\n  (1) A full‑time Commissioner must not engage in paid employment outside the duties of the Commissioner’s office without the Minister’s consent.\n  (2) A part‑time Commissioner must not engage in paid employment that conflicts or could conflict with the proper performance of the Commissioner’s duties without the Minister’s consent.\n\n#### 16 Other terms and conditions\n\n  A Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n#### 17 Resignation\n\n  (1) A Commissioner may resign his or her appointment by giving the Governor‑General a written resignation.\n  (2) If the Chair resigns his or her appointment, then he or she must resign as both the Chair and a Commissioner.\n\n> Note: This does not prevent a person who has been appointed as both the Chair and a Commissioner from being re‑appointed only as a Commissioner.\n\n#### 18 Termination of appointment\n\n  All Commissioners\n  (1) The Governor‑General may terminate the appointment of a Commissioner:\n    (a) for misbehaviour or physical or mental incapacity; or\n    (b) if the Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (c) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n  Additional grounds: full‑time Commissioners\n  (2) The Governor‑General may terminate the appointment of a full‑time Commissioner if:\n    (a) the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (b) the Commissioner engages, except with the Minister’s consent, in paid employment outside the duties of his or her office.\n  Additional grounds: part‑time Commissioners\n  (3) The Governor‑General may terminate the appointment of a part‑time Commissioner if:\n    (a) the Commissioner is absent, except on leave of absence, from 3 consecutive meetings of the NWC; or\n    (b) the Commissioner engages, except with the Minister’s consent, in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.\n\n#### 19 Meetings\n\n  (1) The Chair must convene at least 5 meetings of the NWC in each calendar year.\n  (2) Meetings of the NWC must be held at such places as the Chair determines.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.\n\n  (3) At a meeting of the NWC, 3 Commissioners constitute a quorum.\n  (4) The Chair must preside at all meetings of the NWC at which he or she is present.\n  (5) If the Chair is absent from all or part of a meeting of the NWC, a Commissioner chosen by the other Commissioners present is to preside as Chair.\n\n#### 20 Notice of meetings\n\n  Each Commissioner is entitled to receive reasonable notice of the NWC’s meetings.\n\n#### 21 Conduct of meetings\n\n  (1) Subject to this Part, the NWC must make rules of procedure, in writing, for dealing with potential conflicts of interest. The NWC may make other rules of procedure to be followed at meetings.\n  (2) The NWC may alter its rules of procedure from time to time.\n  (3) The NWC must make its rules of procedure, as altered from time to time, available to the public.\n  (4) The NWC must ensure that minutes of its meetings are kept.\n\n## Part 4—The CEO and staff of the NWC\n\n### Division 1—The CEO\n\n#### Subdivision A—Establishment and functions of the CEO\n\n#### 23 The CEO\n\n  There is to be a Chief Executive Officer (CEO) of the NWC.\n\n#### 24 Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to administer financial assistance, awarded by the Minister to particular projects relating to Australia’s water resources, from any Commonwealth program referred to in paragraph 7(1)(g); and\n    (b) to manage the day‑to‑day administration of the NWC.\n  (2) All acts and things done in the name of, or on behalf of, the NWC by the CEO are taken as having been done by the NWC.\n\n#### Subdivision B—Appointing the CEO\n\n#### 25 Appointing the CEO\n\n  (1) The CEO is to be appointed by the Minister by written instrument, on either a full‑time or part‑time basis.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n  (3) A person may be appointed as both the CEO and a Commissioner (including the Chair). However, one of those appointments must be made on a part‑time basis.\n\n> Note: A person who is appointed as both the CEO and a Commissioner would be appointed for up to 5 years as CEO, and up to 3 years as a Commissioner (see subsection (2) of this section and subsection 11(2)).\n\n#### 26 Acting CEO\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 27 Remuneration\n\n  (1) The CEO is to be paid remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n\n#### 28 Leave of absence\n\n  (1) A full‑time CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a full‑time CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n  (3) The Chair may grant leave of absence to a part‑time CEO on the terms and conditions that the Chair determines.\n  (4) If the Chair is a part‑time CEO, the Minister may grant leave of absence to the part‑time CEO on the terms and conditions that the Minister determines.\n\n#### 29 Outside employment\n\n  (1) A full‑time CEO must not engage in paid employment outside the duties of the CEO’s office without the Minister’s consent.\n  (2) A part‑time CEO must not engage in paid employment that conflicts or could conflict with the proper performance of the CEO’s duties without the Minister’s consent.\n\n#### 30 Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 31 Resignation\n\n  (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n  (2) If the CEO is also a Commissioner, his or her resignation does not affect his or her appointment as a Commissioner.\n\n#### 32 Termination of appointment\n\n  Full‑time or part‑time CEO\n  (1) The Minister may terminate the appointment of the CEO:\n    (a) for misbehaviour or physical or mental incapacity; or\n    (b) if the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (c) if the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (d) if the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n  Additional ground: full‑time CEO\n  (2) The Minister may terminate the appointment of a full‑time CEO if the CEO engages, except with the Minister’s consent, in paid employment outside the duties of his or her office.\n  Additional ground: part‑time CEO\n  (3) The Minister may terminate the appointment of a part‑time CEO if the CEO engages, except with the Minister’s consent, in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.\n\n#### 34 Delegation\n\n  The CEO may, in writing, delegate any of his or her functions to an SES employee or acting SES employee of the NWC staff.\n\n> Note 1: Section 2B of the Acts Interpretation Act 1901 contains the definitions of SES employee and acting SES employee.\n\n> Note 2: See also sections 34AA to 34A of the Acts Interpretation Act 1901, which contain extra rules about delegations.\n\n### Division 2—Staff etc. to assist the NWC\n\n#### 35 Staff of the NWC\n\n  (1) The staff necessary to assist the NWC are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the NWC together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 36 Secondment of persons to assist the NWC\n\n  Secondment of Commonwealth officials\n  (1) The CEO, on behalf of the NWC, may arrange with:\n    (a) an Agency Head within the meaning of the Public Service Act 1999; or\n    (b) an authority of the Commonwealth;\n  for the services of officers or employees of the Agency or the authority to be made available to assist the NWC in the performance of its functions.\n  Secondment of State officials\n  (2) The CEO, on behalf of the NWC, may arrange with the appropriate authority of a State or Territory for the services of officers or employees of the Public Service of the State or Territory to be made available to assist the NWC in the performance of its functions.\n  Reimbursement by the Commonwealth\n  (3) An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State with respect to the services of a person to whom the arrangement relates.\n\n#### 37 Consultants and independent contractors\n\n  (1) The CEO, on behalf of the NWC, may engage consultants and independent contractors to give advice to, or perform services for, the NWC.\n  (2) A person may only be engaged under subsection (1) if the CEO considers that the person has suitable qualifications and experience.\n  (3) The terms and conditions of engagement are as determined by the CEO in writing.\n\n## Part 5—Reviews of the NWC\n\n#### 38 Reviews of the NWC\n\n  (1) Reviews must be conducted of the NWC’s ongoing role and functions in relation to the management and regulation of Australia’s water resources.\n  (2) A review must be conducted before the end of:\n    (a) 2017; and\n    (b) every following 5 year period.\n  (2A) If COAG has provided for a review to be conducted in accordance with a process, the review must be conducted in accordance with that process.\n  (2B) A written report must be made about a review.\n  (3) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Minister receives the report.\n\n## Part 7—Miscellaneous\n\n#### 43 Confidentiality\n\n  A person commits an offence if:\n    (a) the person obtains information in, or in connection with, the performance of the person’s function or duty for the purposes of this Act; and\n    (b) the person makes a record of or discloses that information; and\n    (c) the record or disclosure:\n    (i) is not made in the course of performing that, or any other, function or duty for the purposes of this Act; and\n    (ii) is not required or permitted by any other law.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 44 Public availability of certain documents\n\n  (1) The NWC must make any audit or assessment done for the purposes of paragraph 7(1)(a), (b) or (c) (including any advice given or recommendation made for the purposes of any of those paragraphs) available to the public on the NWC’s website, unless the Minister does not agree.\n  (2) If the Minister does not agree under subsection (1), the Minister must advise the NWC of the reasons for not agreeing. The NWC must make these reasons available to the public on the NWC’s website.\n  (3) The NWC must not make any advice or recommendation (other than an advice or recommendation referred to in subsection (1)) available to the public without the agreement of the Minister.\n\n#### 45 Annual report\n\n  (1) The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the matters set out in subsections (2) and (3).\n  (2) If financial assistance from a Commonwealth program referred to in paragraph 7(1)(g) was administered under this Act during the period, the report must set out:\n    (a) the name of the individual or body to whom financial assistance was given; and\n    (b) the amount and purpose of the financial assistance.\n  (3) If a person was engaged under section 37 during the period, the report must set out:\n    (a) the name of the individual or body who was engaged; and\n    (b) the manner in which the individual or body assisted in the performance of the NWC’s functions.\n  (4) The Minister must give a copy of the report to the relevant Minister for each of the parties to the NWI (other than the Commonwealth) at the same time as the report is presented to the Parliament.\n\n#### 45A Corporate plan\n\n  Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the CEO.\n\n#### 46 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"The CEO","content":"#### 23 The CEO\n\n  There is to be a Chief Executive Officer (CEO) of the NWC.","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Functions of the CEO","content":"#### 24 Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to administer financial assistance, awarded by the Minister to particular projects relating to Australia’s water resources, from any Commonwealth program referred to in paragraph 7(1)(g); and\n    (b) to manage the day‑to‑day administration of the NWC.\n  (2) All acts and things done in the name of, or on behalf of, the NWC by the CEO are taken as having been done by the NWC.","sortOrder":27},{"sectionNumber":"Subdivision B","sectionType":"subdivision","heading":"Appointing the CEO","content":"An Act to establish the National Water Commission, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the National Water Commission Act 2004.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 3 Object of this Act\n\n  The object of this Act is to establish the National Water Commission, as an independent statutory body, as required by the National Water Initiative.\n\n#### 4 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> CEO or Chief Executive Officer means the Chief Executive Officer appointed in accordance with section 25.\n\n> Chair means the Chair of the NWC.\n\n> COAG means the Council of Australian Governments, and includes any subcommittee (however described) of COAG that deals with matters relating to water.\n\n> COAG Water Reform Framework means the agreement, executed by COAG in 1994 to reform the management and regulation of Australia’s water resources, as incorporated into the Agreement to Implement National Competition Policy and Related Reforms, and as amended from time to time.\n\n> Commissioner means a Commissioner of the NWC appointed in accordance with section 11 and includes the Chair.\n\n> full‑time CEO means a CEO appointed on a full‑time basis.\n\n> full‑time Commissioner means a Commissioner appointed on a full‑time basis.\n\n> NWC or National Water Commission means the National Water Commission established by section 6.\n\n> NWI or National Water Initiative means the Intergovernmental Agreement on a National Water Initiative between the Commonwealth of Australia and the Governments of New South Wales, Victoria, Queensland, South Australia, the Australian Capital Territory and the Northern Territory, signed on 25 June 2004, and as amended from time to time.\n\n> part‑time CEO means a CEO appointed on a part‑time basis.\n\n> part‑time Commissioner means a Commissioner appointed on a part‑time basis.\n\n#### 5 This Act binds the Crown\n\n  This Act binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n## Part 2—Establishment of the National Water Commission (NWC)\n\n#### 6 Establishment of the NWC\n\n  (1) The National Water Commission (NWC) is established by this section.\n  (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the NWC is a listed entity; and\n    (b) the CEO is the accountable authority of the NWC; and\n    (c) the following persons are officials of the NWC:\n    (i) the CEO;\n    (ii) the Commissioners;\n    (iii) the staff of the NWC referred to in section 35;\n    (iv) persons whose services are made available to the NWC under section 36;\n    (v) consultants engaged under section 37; and\n    (d) the purposes of the NWC include:\n    (i) the functions of the NWC referred to in section 7; and\n    (ii) the functions of the CEO referred to in section 24.\n\n#### 7 Functions of the NWC\n\n  (1) The NWC has the following functions:\n    (a) if requested by COAG, to carry out audits to determine:\n    (i) whether parties to the NWI are implementing their commitments under the NWI, or any other agreement between the Commonwealth and a State or Territory, in relation to the parties’ management and regulation of their water resources; and\n    (ii) the effectiveness of that implementation;\n    (b) every 3 years:\n    (i) to assess the progress of parties to the NWI towards achieving the objectives and outcomes of, and within the timelines required by, the NWI; and\n    (ii) to advise COAG of those assessments; and\n    (iii) to advise and make recommendations to COAG on actions that the parties might take to better achieve those objectives and outcomes;\n    (c) to conduct any other assessments in relation to matters relating to:\n    (i) the NWI; or\n    (ii) any other agreement between the Commonwealth and a State or Territory, but only if that other agreement provides for the NWC to have this function;\n    particularly in relation to matters that are significant for achieving the objectives and outcomes of the NWI;\n    (d) to monitor areas that are significant for achieving the objectives and outcomes of the NWI;\n    (e) to assist with the implementation of the NWI by providing information and guidance in relation to the functions mentioned in paragraphs (a) to (d), and to undertake activities that promote the objectives and outcomes of the NWI;\n    (f) if requested to do so by the Minister, to advise and make recommendations to the Commonwealth in relation to the functions mentioned in paragraphs (a) to (d);\n    (g) if requested to do so by the Minister, to advise and make recommendations to the Minister in relation to any Commonwealth program that relates to the management and regulation of Australia’s water resources;\n    (h) to advise COAG on whether a State or Territory is implementing its commitments under any agreement (other than the NWI) between the Commonwealth and the State or Territory relating to the management and regulation of Australia’s water resources, but only if the agreement provides for the NWC to have this function;\n    (i) if requested by COAG, to conduct any study or analysis, or to provide any report, in relation to:\n    (i) matters of national significance relating to water (including the sustainable management of water resources and access to, and use of, water); or\n    (ii) the COAG Water Reform Framework;\n    (j) any other function conferred by another law of the Commonwealth or prescribed by the regulations.\n  Giving advice and making recommendations\n  (4) The NWC is to give all advice and make all recommendations under this section by giving the advice and making the recommendations to the Minister.\n  (4A) The NWC is to give advice and make recommendations to COAG under this section by giving the advice and making the recommendations to the parties to the NWI at the same time as the advice is given, and the recommendations are made, to the Minister. Parties to the NWI that are given advice and to whom recommendations are made under this subsection are not required to be given the advice or the recommendations by the Minister.\n  Parties to the NWI include the Commonwealth\n  (5) To avoid doubt, a reference in this section (other than in subsection (4A)) to the parties to the NWI includes a reference to the Commonwealth.\n\n## Part 3—Constitution of the NWC\n\n#### 8 Constitution of the NWC\n\n  (1) The NWC consists of:\n    (a) the Chair; and\n    (b) at least 2, but no more than 4, Commissioners nominated in accordance with subsection (2) or (3).\n\n> Note: The Chair is also a Commissioner: see the definition of Commissioner in section 4.\n\n  (2) The Commonwealth must nominate a person to be appointed as the Chair in consultation with the other parties to the NWI. The Commonwealth may nominate no more than 2 other persons to be appointed as Commissioners.\n  (3) The parties to the NWI (other than the Commonwealth) may nominate no more than 2 persons to be appointed as Commissioners.\n\n#### 10 Conduct of Commissioners\n\n  Each Commissioner must act in the best interests of the NWC.\n\n#### 11 Appointment of Commissioners\n\n  (1) A Commissioner is to be appointed by the Governor‑General by written instrument, on either a full‑time or part‑time basis.\n\n> Note: A Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) A Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (3) A person is not eligible for appointment as a Commissioner unless the person has a high level of expertise in an area relevant to the functions of the NWC. Relevant areas include, but are not limited to, the following:\n    (a) water resource management;\n    (b) freshwater ecology or hydrology;\n    (c) resource economics;\n    (d) public sector governance;\n    (e) the audit, evaluation or implementation of programs relating to natural resource management.\n\n#### 12 Acting appointments\n\n  The Minister may appoint a person to act as a Commissioner:\n    (a) during a vacancy in the office of the Commissioner, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note 1: The Chair is also a Commissioner: see the definition of Commissioner in section 4.\n\n> Note 2: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 13 Remuneration\n\n  (1) A Commissioner is to be paid remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the regulations.\n  (2) A Commissioner is to be paid the allowances that are prescribed by the regulations.\n  (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n\n#### 14 Leave of absence\n\n  (1) A full‑time Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a full‑time Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n  (3) The Chair may grant leave of absence to any part‑time Commissioner on the terms and conditions that the Chair determines.\n  (4) If the Chair is a part‑time Commissioner, the Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n\n#### 15 Outside employment\n\n  (1) A full‑time Commissioner must not engage in paid employment outside the duties of the Commissioner’s office without the Minister’s consent.\n  (2) A part‑time Commissioner must not engage in paid employment that conflicts or could conflict with the proper performance of the Commissioner’s duties without the Minister’s consent.\n\n#### 16 Other terms and conditions\n\n  A Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n#### 17 Resignation\n\n  (1) A Commissioner may resign his or her appointment by giving the Governor‑General a written resignation.\n  (2) If the Chair resigns his or her appointment, then he or she must resign as both the Chair and a Commissioner.\n\n> Note: This does not prevent a person who has been appointed as both the Chair and a Commissioner from being re‑appointed only as a Commissioner.\n\n#### 18 Termination of appointment\n\n  All Commissioners\n  (1) The Governor‑General may terminate the appointment of a Commissioner:\n    (a) for misbehaviour or physical or mental incapacity; or\n    (b) if the Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (c) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n  Additional grounds: full‑time Commissioners\n  (2) The Governor‑General may terminate the appointment of a full‑time Commissioner if:\n    (a) the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (b) the Commissioner engages, except with the Minister’s consent, in paid employment outside the duties of his or her office.\n  Additional grounds: part‑time Commissioners\n  (3) The Governor‑General may terminate the appointment of a part‑time Commissioner if:\n    (a) the Commissioner is absent, except on leave of absence, from 3 consecutive meetings of the NWC; or\n    (b) the Commissioner engages, except with the Minister’s consent, in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.\n\n#### 19 Meetings\n\n  (1) The Chair must convene at least 5 meetings of the NWC in each calendar year.\n  (2) Meetings of the NWC must be held at such places as the Chair determines.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.\n\n  (3) At a meeting of the NWC, 3 Commissioners constitute a quorum.\n  (4) The Chair must preside at all meetings of the NWC at which he or she is present.\n  (5) If the Chair is absent from all or part of a meeting of the NWC, a Commissioner chosen by the other Commissioners present is to preside as Chair.\n\n#### 20 Notice of meetings\n\n  Each Commissioner is entitled to receive reasonable notice of the NWC’s meetings.\n\n#### 21 Conduct of meetings\n\n  (1) Subject to this Part, the NWC must make rules of procedure, in writing, for dealing with potential conflicts of interest. The NWC may make other rules of procedure to be followed at meetings.\n  (2) The NWC may alter its rules of procedure from time to time.\n  (3) The NWC must make its rules of procedure, as altered from time to time, available to the public.\n  (4) The NWC must ensure that minutes of its meetings are kept.\n\n## Part 4—The CEO and staff of the NWC\n\n### Division 1—The CEO\n\n#### Subdivision A—Establishment and functions of the CEO\n\n#### 23 The CEO\n\n  There is to be a Chief Executive Officer (CEO) of the NWC.\n\n#### 24 Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to administer financial assistance, awarded by the Minister to particular projects relating to Australia’s water resources, from any Commonwealth program referred to in paragraph 7(1)(g); and\n    (b) to manage the day‑to‑day administration of the NWC.\n  (2) All acts and things done in the name of, or on behalf of, the NWC by the CEO are taken as having been done by the NWC.\n\n#### Subdivision B—Appointing the CEO\n\n#### 25 Appointing the CEO\n\n  (1) The CEO is to be appointed by the Minister by written instrument, on either a full‑time or part‑time basis.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n  (3) A person may be appointed as both the CEO and a Commissioner (including the Chair). However, one of those appointments must be made on a part‑time basis.\n\n> Note: A person who is appointed as both the CEO and a Commissioner would be appointed for up to 5 years as CEO, and up to 3 years as a Commissioner (see subsection (2) of this section and subsection 11(2)).\n\n#### 26 Acting CEO\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 27 Remuneration\n\n  (1) The CEO is to be paid remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n\n#### 28 Leave of absence\n\n  (1) A full‑time CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a full‑time CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n  (3) The Chair may grant leave of absence to a part‑time CEO on the terms and conditions that the Chair determines.\n  (4) If the Chair is a part‑time CEO, the Minister may grant leave of absence to the part‑time CEO on the terms and conditions that the Minister determines.\n\n#### 29 Outside employment\n\n  (1) A full‑time CEO must not engage in paid employment outside the duties of the CEO’s office without the Minister’s consent.\n  (2) A part‑time CEO must not engage in paid employment that conflicts or could conflict with the proper performance of the CEO’s duties without the Minister’s consent.\n\n#### 30 Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 31 Resignation\n\n  (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n  (2) If the CEO is also a Commissioner, his or her resignation does not affect his or her appointment as a Commissioner.\n\n#### 32 Termination of appointment\n\n  Full‑time or part‑time CEO\n  (1) The Minister may terminate the appointment of the CEO:\n    (a) for misbehaviour or physical or mental incapacity; or\n    (b) if the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (c) if the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (d) if the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n  Additional ground: full‑time CEO\n  (2) The Minister may terminate the appointment of a full‑time CEO if the CEO engages, except with the Minister’s consent, in paid employment outside the duties of his or her office.\n  Additional ground: part‑time CEO\n  (3) The Minister may terminate the appointment of a part‑time CEO if the CEO engages, except with the Minister’s consent, in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.\n\n#### 34 Delegation\n\n  The CEO may, in writing, delegate any of his or her functions to an SES employee or acting SES employee of the NWC staff.\n\n> Note 1: Section 2B of the Acts Interpretation Act 1901 contains the definitions of SES employee and acting SES employee.\n\n> Note 2: See also sections 34AA to 34A of the Acts Interpretation Act 1901, which contain extra rules about delegations.\n\n### Division 2—Staff etc. to assist the NWC\n\n#### 35 Staff of the NWC\n\n  (1) The staff necessary to assist the NWC are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the NWC together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 36 Secondment of persons to assist the NWC\n\n  Secondment of Commonwealth officials\n  (1) The CEO, on behalf of the NWC, may arrange with:\n    (a) an Agency Head within the meaning of the Public Service Act 1999; or\n    (b) an authority of the Commonwealth;\n  for the services of officers or employees of the Agency or the authority to be made available to assist the NWC in the performance of its functions.\n  Secondment of State officials\n  (2) The CEO, on behalf of the NWC, may arrange with the appropriate authority of a State or Territory for the services of officers or employees of the Public Service of the State or Territory to be made available to assist the NWC in the performance of its functions.\n  Reimbursement by the Commonwealth\n  (3) An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State with respect to the services of a person to whom the arrangement relates.\n\n#### 37 Consultants and independent contractors\n\n  (1) The CEO, on behalf of the NWC, may engage consultants and independent contractors to give advice to, or perform services for, the NWC.\n  (2) A person may only be engaged under subsection (1) if the CEO considers that the person has suitable qualifications and experience.\n  (3) The terms and conditions of engagement are as determined by the CEO in writing.\n\n## Part 5—Reviews of the NWC\n\n#### 38 Reviews of the NWC\n\n  (1) Reviews must be conducted of the NWC’s ongoing role and functions in relation to the management and regulation of Australia’s water resources.\n  (2) A review must be conducted before the end of:\n    (a) 2017; and\n    (b) every following 5 year period.\n  (2A) If COAG has provided for a review to be conducted in accordance with a process, the review must be conducted in accordance with that process.\n  (2B) A written report must be made about a review.\n  (3) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Minister receives the report.\n\n## Part 7—Miscellaneous\n\n#### 43 Confidentiality\n\n  A person commits an offence if:\n    (a) the person obtains information in, or in connection with, the performance of the person’s function or duty for the purposes of this Act; and\n    (b) the person makes a record of or discloses that information; and\n    (c) the record or disclosure:\n    (i) is not made in the course of performing that, or any other, function or duty for the purposes of this Act; and\n    (ii) is not required or permitted by any other law.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 44 Public availability of certain documents\n\n  (1) The NWC must make any audit or assessment done for the purposes of paragraph 7(1)(a), (b) or (c) (including any advice given or recommendation made for the purposes of any of those paragraphs) available to the public on the NWC’s website, unless the Minister does not agree.\n  (2) If the Minister does not agree under subsection (1), the Minister must advise the NWC of the reasons for not agreeing. The NWC must make these reasons available to the public on the NWC’s website.\n  (3) The NWC must not make any advice or recommendation (other than an advice or recommendation referred to in subsection (1)) available to the public without the agreement of the Minister.\n\n#### 45 Annual report\n\n  (1) The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the matters set out in subsections (2) and (3).\n  (2) If financial assistance from a Commonwealth program referred to in paragraph 7(1)(g) was administered under this Act during the period, the report must set out:\n    (a) the name of the individual or body to whom financial assistance was given; and\n    (b) the amount and purpose of the financial assistance.\n  (3) If a person was engaged under section 37 during the period, the report must set out:\n    (a) the name of the individual or body who was engaged; and\n    (b) the manner in which the individual or body assisted in the performance of the NWC’s functions.\n  (4) The Minister must give a copy of the report to the relevant Minister for each of the parties to the NWI (other than the Commonwealth) at the same time as the report is presented to the Parliament.\n\n#### 45A Corporate plan\n\n  Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the CEO.\n\n#### 46 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Appointing the CEO","content":"#### 25 Appointing the CEO\n\n  (1) The CEO is to be appointed by the Minister by written instrument, on either a full‑time or part‑time basis.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n  (3) A person may be appointed as both the CEO and a Commissioner (including the Chair). However, one of those appointments must be made on a part‑time basis.\n\n> Note: A person who is appointed as both the CEO and a Commissioner would be appointed for up to 5 years as CEO, and up to 3 years as a Commissioner (see subsection (2) of this section and subsection 11(2)).","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Acting CEO","content":"#### 26 Acting CEO\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Remuneration","content":"#### 27 Remuneration\n\n  (1) The CEO is to be paid remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Leave of absence","content":"#### 28 Leave of absence\n\n  (1) A full‑time CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a full‑time CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n  (3) The Chair may grant leave of absence to a part‑time CEO on the terms and conditions that the Chair determines.\n  (4) If the Chair is a part‑time CEO, the Minister may grant leave of absence to the part‑time CEO on the terms and conditions that the Minister determines.","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Outside employment","content":"#### 29 Outside employment\n\n  (1) A full‑time CEO must not engage in paid employment outside the duties of the CEO’s office without the Minister’s consent.\n  (2) A part‑time CEO must not engage in paid employment that conflicts or could conflict with the proper performance of the CEO’s duties without the Minister’s consent.","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Other terms and conditions","content":"#### 30 Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Resignation","content":"#### 31 Resignation\n\n  (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n  (2) If the CEO is also a Commissioner, his or her resignation does not affect his or her appointment as a Commissioner.","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Termination of appointment","content":"#### 32 Termination of appointment\n\n  Full‑time or part‑time CEO\n  (1) The Minister may terminate the appointment of the CEO:\n    (a) for misbehaviour or physical or mental incapacity; or\n    (b) if the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (c) if the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (d) if the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n  Additional ground: full‑time CEO\n  (2) The Minister may terminate the appointment of a full‑time CEO if the CEO engages, except with the Minister’s consent, in paid employment outside the duties of his or her office.\n  Additional ground: part‑time CEO\n  (3) The Minister may terminate the appointment of a part‑time CEO if the CEO engages, except with the Minister’s consent, in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.","sortOrder":36},{"sectionNumber":"34","sectionType":"section","heading":"Delegation","content":"#### 34 Delegation\n\n  The CEO may, in writing, delegate any of his or her functions to an SES employee or acting SES employee of the NWC staff.\n\n> Note 1: Section 2B of the Acts Interpretation Act 1901 contains the definitions of SES employee and acting SES employee.\n\n> Note 2: See also sections 34AA to 34A of the Acts Interpretation Act 1901, which contain extra rules about delegations.","sortOrder":37},{"sectionNumber":"Division 2","sectionType":"division","heading":"Staff etc. to assist the NWC","content":"An Act to establish the National Water Commission, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the National Water Commission Act 2004.\n\n#### 2 Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n#### 3 Object of this Act\n\n  The object of this Act is to establish the National Water Commission, as an independent statutory body, as required by the National Water Initiative.\n\n#### 4 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> CEO or Chief Executive Officer means the Chief Executive Officer appointed in accordance with section 25.\n\n> Chair means the Chair of the NWC.\n\n> COAG means the Council of Australian Governments, and includes any subcommittee (however described) of COAG that deals with matters relating to water.\n\n> COAG Water Reform Framework means the agreement, executed by COAG in 1994 to reform the management and regulation of Australia’s water resources, as incorporated into the Agreement to Implement National Competition Policy and Related Reforms, and as amended from time to time.\n\n> Commissioner means a Commissioner of the NWC appointed in accordance with section 11 and includes the Chair.\n\n> full‑time CEO means a CEO appointed on a full‑time basis.\n\n> full‑time Commissioner means a Commissioner appointed on a full‑time basis.\n\n> NWC or National Water Commission means the National Water Commission established by section 6.\n\n> NWI or National Water Initiative means the Intergovernmental Agreement on a National Water Initiative between the Commonwealth of Australia and the Governments of New South Wales, Victoria, Queensland, South Australia, the Australian Capital Territory and the Northern Territory, signed on 25 June 2004, and as amended from time to time.\n\n> part‑time CEO means a CEO appointed on a part‑time basis.\n\n> part‑time Commissioner means a Commissioner appointed on a part‑time basis.\n\n#### 5 This Act binds the Crown\n\n  This Act binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.\n\n## Part 2—Establishment of the National Water Commission (NWC)\n\n#### 6 Establishment of the NWC\n\n  (1) The National Water Commission (NWC) is established by this section.\n  (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the NWC is a listed entity; and\n    (b) the CEO is the accountable authority of the NWC; and\n    (c) the following persons are officials of the NWC:\n    (i) the CEO;\n    (ii) the Commissioners;\n    (iii) the staff of the NWC referred to in section 35;\n    (iv) persons whose services are made available to the NWC under section 36;\n    (v) consultants engaged under section 37; and\n    (d) the purposes of the NWC include:\n    (i) the functions of the NWC referred to in section 7; and\n    (ii) the functions of the CEO referred to in section 24.\n\n#### 7 Functions of the NWC\n\n  (1) The NWC has the following functions:\n    (a) if requested by COAG, to carry out audits to determine:\n    (i) whether parties to the NWI are implementing their commitments under the NWI, or any other agreement between the Commonwealth and a State or Territory, in relation to the parties’ management and regulation of their water resources; and\n    (ii) the effectiveness of that implementation;\n    (b) every 3 years:\n    (i) to assess the progress of parties to the NWI towards achieving the objectives and outcomes of, and within the timelines required by, the NWI; and\n    (ii) to advise COAG of those assessments; and\n    (iii) to advise and make recommendations to COAG on actions that the parties might take to better achieve those objectives and outcomes;\n    (c) to conduct any other assessments in relation to matters relating to:\n    (i) the NWI; or\n    (ii) any other agreement between the Commonwealth and a State or Territory, but only if that other agreement provides for the NWC to have this function;\n    particularly in relation to matters that are significant for achieving the objectives and outcomes of the NWI;\n    (d) to monitor areas that are significant for achieving the objectives and outcomes of the NWI;\n    (e) to assist with the implementation of the NWI by providing information and guidance in relation to the functions mentioned in paragraphs (a) to (d), and to undertake activities that promote the objectives and outcomes of the NWI;\n    (f) if requested to do so by the Minister, to advise and make recommendations to the Commonwealth in relation to the functions mentioned in paragraphs (a) to (d);\n    (g) if requested to do so by the Minister, to advise and make recommendations to the Minister in relation to any Commonwealth program that relates to the management and regulation of Australia’s water resources;\n    (h) to advise COAG on whether a State or Territory is implementing its commitments under any agreement (other than the NWI) between the Commonwealth and the State or Territory relating to the management and regulation of Australia’s water resources, but only if the agreement provides for the NWC to have this function;\n    (i) if requested by COAG, to conduct any study or analysis, or to provide any report, in relation to:\n    (i) matters of national significance relating to water (including the sustainable management of water resources and access to, and use of, water); or\n    (ii) the COAG Water Reform Framework;\n    (j) any other function conferred by another law of the Commonwealth or prescribed by the regulations.\n  Giving advice and making recommendations\n  (4) The NWC is to give all advice and make all recommendations under this section by giving the advice and making the recommendations to the Minister.\n  (4A) The NWC is to give advice and make recommendations to COAG under this section by giving the advice and making the recommendations to the parties to the NWI at the same time as the advice is given, and the recommendations are made, to the Minister. Parties to the NWI that are given advice and to whom recommendations are made under this subsection are not required to be given the advice or the recommendations by the Minister.\n  Parties to the NWI include the Commonwealth\n  (5) To avoid doubt, a reference in this section (other than in subsection (4A)) to the parties to the NWI includes a reference to the Commonwealth.\n\n## Part 3—Constitution of the NWC\n\n#### 8 Constitution of the NWC\n\n  (1) The NWC consists of:\n    (a) the Chair; and\n    (b) at least 2, but no more than 4, Commissioners nominated in accordance with subsection (2) or (3).\n\n> Note: The Chair is also a Commissioner: see the definition of Commissioner in section 4.\n\n  (2) The Commonwealth must nominate a person to be appointed as the Chair in consultation with the other parties to the NWI. The Commonwealth may nominate no more than 2 other persons to be appointed as Commissioners.\n  (3) The parties to the NWI (other than the Commonwealth) may nominate no more than 2 persons to be appointed as Commissioners.\n\n#### 10 Conduct of Commissioners\n\n  Each Commissioner must act in the best interests of the NWC.\n\n#### 11 Appointment of Commissioners\n\n  (1) A Commissioner is to be appointed by the Governor‑General by written instrument, on either a full‑time or part‑time basis.\n\n> Note: A Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) A Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n  (3) A person is not eligible for appointment as a Commissioner unless the person has a high level of expertise in an area relevant to the functions of the NWC. Relevant areas include, but are not limited to, the following:\n    (a) water resource management;\n    (b) freshwater ecology or hydrology;\n    (c) resource economics;\n    (d) public sector governance;\n    (e) the audit, evaluation or implementation of programs relating to natural resource management.\n\n#### 12 Acting appointments\n\n  The Minister may appoint a person to act as a Commissioner:\n    (a) during a vacancy in the office of the Commissioner, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note 1: The Chair is also a Commissioner: see the definition of Commissioner in section 4.\n\n> Note 2: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 13 Remuneration\n\n  (1) A Commissioner is to be paid remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the regulations.\n  (2) A Commissioner is to be paid the allowances that are prescribed by the regulations.\n  (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n\n#### 14 Leave of absence\n\n  (1) A full‑time Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a full‑time Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n  (3) The Chair may grant leave of absence to any part‑time Commissioner on the terms and conditions that the Chair determines.\n  (4) If the Chair is a part‑time Commissioner, the Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n\n#### 15 Outside employment\n\n  (1) A full‑time Commissioner must not engage in paid employment outside the duties of the Commissioner’s office without the Minister’s consent.\n  (2) A part‑time Commissioner must not engage in paid employment that conflicts or could conflict with the proper performance of the Commissioner’s duties without the Minister’s consent.\n\n#### 16 Other terms and conditions\n\n  A Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n#### 17 Resignation\n\n  (1) A Commissioner may resign his or her appointment by giving the Governor‑General a written resignation.\n  (2) If the Chair resigns his or her appointment, then he or she must resign as both the Chair and a Commissioner.\n\n> Note: This does not prevent a person who has been appointed as both the Chair and a Commissioner from being re‑appointed only as a Commissioner.\n\n#### 18 Termination of appointment\n\n  All Commissioners\n  (1) The Governor‑General may terminate the appointment of a Commissioner:\n    (a) for misbehaviour or physical or mental incapacity; or\n    (b) if the Commissioner:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (c) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n  Additional grounds: full‑time Commissioners\n  (2) The Governor‑General may terminate the appointment of a full‑time Commissioner if:\n    (a) the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (b) the Commissioner engages, except with the Minister’s consent, in paid employment outside the duties of his or her office.\n  Additional grounds: part‑time Commissioners\n  (3) The Governor‑General may terminate the appointment of a part‑time Commissioner if:\n    (a) the Commissioner is absent, except on leave of absence, from 3 consecutive meetings of the NWC; or\n    (b) the Commissioner engages, except with the Minister’s consent, in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.\n\n#### 19 Meetings\n\n  (1) The Chair must convene at least 5 meetings of the NWC in each calendar year.\n  (2) Meetings of the NWC must be held at such places as the Chair determines.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.\n\n  (3) At a meeting of the NWC, 3 Commissioners constitute a quorum.\n  (4) The Chair must preside at all meetings of the NWC at which he or she is present.\n  (5) If the Chair is absent from all or part of a meeting of the NWC, a Commissioner chosen by the other Commissioners present is to preside as Chair.\n\n#### 20 Notice of meetings\n\n  Each Commissioner is entitled to receive reasonable notice of the NWC’s meetings.\n\n#### 21 Conduct of meetings\n\n  (1) Subject to this Part, the NWC must make rules of procedure, in writing, for dealing with potential conflicts of interest. The NWC may make other rules of procedure to be followed at meetings.\n  (2) The NWC may alter its rules of procedure from time to time.\n  (3) The NWC must make its rules of procedure, as altered from time to time, available to the public.\n  (4) The NWC must ensure that minutes of its meetings are kept.\n\n## Part 4—The CEO and staff of the NWC\n\n### Division 1—The CEO\n\n#### Subdivision A—Establishment and functions of the CEO\n\n#### 23 The CEO\n\n  There is to be a Chief Executive Officer (CEO) of the NWC.\n\n#### 24 Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to administer financial assistance, awarded by the Minister to particular projects relating to Australia’s water resources, from any Commonwealth program referred to in paragraph 7(1)(g); and\n    (b) to manage the day‑to‑day administration of the NWC.\n  (2) All acts and things done in the name of, or on behalf of, the NWC by the CEO are taken as having been done by the NWC.\n\n#### Subdivision B—Appointing the CEO\n\n#### 25 Appointing the CEO\n\n  (1) The CEO is to be appointed by the Minister by written instrument, on either a full‑time or part‑time basis.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n  (3) A person may be appointed as both the CEO and a Commissioner (including the Chair). However, one of those appointments must be made on a part‑time basis.\n\n> Note: A person who is appointed as both the CEO and a Commissioner would be appointed for up to 5 years as CEO, and up to 3 years as a Commissioner (see subsection (2) of this section and subsection 11(2)).\n\n#### 26 Acting CEO\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 27 Remuneration\n\n  (1) The CEO is to be paid remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n\n#### 28 Leave of absence\n\n  (1) A full‑time CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant a full‑time CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n  (3) The Chair may grant leave of absence to a part‑time CEO on the terms and conditions that the Chair determines.\n  (4) If the Chair is a part‑time CEO, the Minister may grant leave of absence to the part‑time CEO on the terms and conditions that the Minister determines.\n\n#### 29 Outside employment\n\n  (1) A full‑time CEO must not engage in paid employment outside the duties of the CEO’s office without the Minister’s consent.\n  (2) A part‑time CEO must not engage in paid employment that conflicts or could conflict with the proper performance of the CEO’s duties without the Minister’s consent.\n\n#### 30 Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 31 Resignation\n\n  (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n  (2) If the CEO is also a Commissioner, his or her resignation does not affect his or her appointment as a Commissioner.\n\n#### 32 Termination of appointment\n\n  Full‑time or part‑time CEO\n  (1) The Minister may terminate the appointment of the CEO:\n    (a) for misbehaviour or physical or mental incapacity; or\n    (b) if the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (c) if the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (d) if the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n  Additional ground: full‑time CEO\n  (2) The Minister may terminate the appointment of a full‑time CEO if the CEO engages, except with the Minister’s consent, in paid employment outside the duties of his or her office.\n  Additional ground: part‑time CEO\n  (3) The Minister may terminate the appointment of a part‑time CEO if the CEO engages, except with the Minister’s consent, in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.\n\n#### 34 Delegation\n\n  The CEO may, in writing, delegate any of his or her functions to an SES employee or acting SES employee of the NWC staff.\n\n> Note 1: Section 2B of the Acts Interpretation Act 1901 contains the definitions of SES employee and acting SES employee.\n\n> Note 2: See also sections 34AA to 34A of the Acts Interpretation Act 1901, which contain extra rules about delegations.\n\n### Division 2—Staff etc. to assist the NWC\n\n#### 35 Staff of the NWC\n\n  (1) The staff necessary to assist the NWC are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the NWC together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 36 Secondment of persons to assist the NWC\n\n  Secondment of Commonwealth officials\n  (1) The CEO, on behalf of the NWC, may arrange with:\n    (a) an Agency Head within the meaning of the Public Service Act 1999; or\n    (b) an authority of the Commonwealth;\n  for the services of officers or employees of the Agency or the authority to be made available to assist the NWC in the performance of its functions.\n  Secondment of State officials\n  (2) The CEO, on behalf of the NWC, may arrange with the appropriate authority of a State or Territory for the services of officers or employees of the Public Service of the State or Territory to be made available to assist the NWC in the performance of its functions.\n  Reimbursement by the Commonwealth\n  (3) An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State with respect to the services of a person to whom the arrangement relates.\n\n#### 37 Consultants and independent contractors\n\n  (1) The CEO, on behalf of the NWC, may engage consultants and independent contractors to give advice to, or perform services for, the NWC.\n  (2) A person may only be engaged under subsection (1) if the CEO considers that the person has suitable qualifications and experience.\n  (3) The terms and conditions of engagement are as determined by the CEO in writing.\n\n## Part 5—Reviews of the NWC\n\n#### 38 Reviews of the NWC\n\n  (1) Reviews must be conducted of the NWC’s ongoing role and functions in relation to the management and regulation of Australia’s water resources.\n  (2) A review must be conducted before the end of:\n    (a) 2017; and\n    (b) every following 5 year period.\n  (2A) If COAG has provided for a review to be conducted in accordance with a process, the review must be conducted in accordance with that process.\n  (2B) A written report must be made about a review.\n  (3) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Minister receives the report.\n\n## Part 7—Miscellaneous\n\n#### 43 Confidentiality\n\n  A person commits an offence if:\n    (a) the person obtains information in, or in connection with, the performance of the person’s function or duty for the purposes of this Act; and\n    (b) the person makes a record of or discloses that information; and\n    (c) the record or disclosure:\n    (i) is not made in the course of performing that, or any other, function or duty for the purposes of this Act; and\n    (ii) is not required or permitted by any other law.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 44 Public availability of certain documents\n\n  (1) The NWC must make any audit or assessment done for the purposes of paragraph 7(1)(a), (b) or (c) (including any advice given or recommendation made for the purposes of any of those paragraphs) available to the public on the NWC’s website, unless the Minister does not agree.\n  (2) If the Minister does not agree under subsection (1), the Minister must advise the NWC of the reasons for not agreeing. The NWC must make these reasons available to the public on the NWC’s website.\n  (3) The NWC must not make any advice or recommendation (other than an advice or recommendation referred to in subsection (1)) available to the public without the agreement of the Minister.\n\n#### 45 Annual report\n\n  (1) The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the matters set out in subsections (2) and (3).\n  (2) If financial assistance from a Commonwealth program referred to in paragraph 7(1)(g) was administered under this Act during the period, the report must set out:\n    (a) the name of the individual or body to whom financial assistance was given; and\n    (b) the amount and purpose of the financial assistance.\n  (3) If a person was engaged under section 37 during the period, the report must set out:\n    (a) the name of the individual or body who was engaged; and\n    (b) the manner in which the individual or body assisted in the performance of the NWC’s functions.\n  (4) The Minister must give a copy of the report to the relevant Minister for each of the parties to the NWI (other than the Commonwealth) at the same time as the report is presented to the Parliament.\n\n#### 45A Corporate plan\n\n  Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the CEO.\n\n#### 46 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"Staff of the NWC","content":"#### 35 Staff of the NWC\n\n  (1) The staff necessary to assist the NWC are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the NWC together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Secondment of persons to assist the NWC","content":"#### 36 Secondment of persons to assist the NWC\n\n  Secondment of Commonwealth officials\n  (1) The CEO, on behalf of the NWC, may arrange with:\n    (a) an Agency Head within the meaning of the Public Service Act 1999; or\n    (b) an authority of the Commonwealth;\n  for the services of officers or employees of the Agency or the authority to be made available to assist the NWC in the performance of its functions.\n  Secondment of State officials\n  (2) The CEO, on behalf of the NWC, may arrange with the appropriate authority of a State or Territory for the services of officers or employees of the Public Service of the State or Territory to be made available to assist the NWC in the performance of its functions.\n  Reimbursement by the Commonwealth\n  (3) An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State with respect to the services of a person to whom the arrangement relates.","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"Consultants and independent contractors","content":"#### 37 Consultants and independent contractors\n\n  (1) The CEO, on behalf of the NWC, may engage consultants and independent contractors to give advice to, or perform services for, the NWC.\n  (2) A person may only be engaged under subsection (1) if the CEO considers that the person has suitable qualifications and experience.\n  (3) The terms and conditions of engagement are as determined by the CEO in writing.","sortOrder":41},{"sectionNumber":"Part 5","sectionType":"part","heading":"Reviews of the NWC","content":"## Part 5—Reviews of the NWC","sortOrder":42},{"sectionNumber":"38","sectionType":"section","heading":"Reviews of the NWC","content":"#### 38 Reviews of the NWC\n\n  (1) Reviews must be conducted of the NWC’s ongoing role and functions in relation to the management and regulation of Australia’s water resources.\n  (2) A review must be conducted before the end of:\n    (a) 2017; and\n    (b) every following 5 year period.\n  (2A) If COAG has provided for a review to be conducted in accordance with a process, the review must be conducted in accordance with that process.\n  (2B) A written report must be made about a review.\n  (3) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Minister receives the report.","sortOrder":43},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"## Part 7—Miscellaneous","sortOrder":44},{"sectionNumber":"43","sectionType":"section","heading":"Confidentiality","content":"#### 43 Confidentiality\n\n  A person commits an offence if:\n    (a) the person obtains information in, or in connection with, the performance of the person’s function or duty for the purposes of this Act; and\n    (b) the person makes a record of or discloses that information; and\n    (c) the record or disclosure:\n    (i) is not made in the course of performing that, or any other, function or duty for the purposes of this Act; and\n    (ii) is not required or permitted by any other law.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":45},{"sectionNumber":"44","sectionType":"section","heading":"Public availability of certain documents","content":"#### 44 Public availability of certain documents\n\n  (1) The NWC must make any audit or assessment done for the purposes of paragraph 7(1)(a), (b) or (c) (including any advice given or recommendation made for the purposes of any of those paragraphs) available to the public on the NWC’s website, unless the Minister does not agree.\n  (2) If the Minister does not agree under subsection (1), the Minister must advise the NWC of the reasons for not agreeing. The NWC must make these reasons available to the public on the NWC’s website.\n  (3) The NWC must not make any advice or recommendation (other than an advice or recommendation referred to in subsection (1)) available to the public without the agreement of the Minister.","sortOrder":46},{"sectionNumber":"45","sectionType":"section","heading":"Annual report","content":"#### 45 Annual report\n\n  (1) The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the matters set out in subsections (2) and (3).\n  (2) If financial assistance from a Commonwealth program referred to in paragraph 7(1)(g) was administered under this Act during the period, the report must set out:\n    (a) the name of the individual or body to whom financial assistance was given; and\n    (b) the amount and purpose of the financial assistance.\n  (3) If a person was engaged under section 37 during the period, the report must set out:\n    (a) the name of the individual or body who was engaged; and\n    (b) the manner in which the individual or body assisted in the performance of the NWC’s functions.\n  (4) The Minister must give a copy of the report to the relevant Minister for each of the parties to the NWI (other than the Commonwealth) at the same time as the report is presented to the Parliament.","sortOrder":47},{"sectionNumber":"45A","sectionType":"section","heading":"Corporate plan","content":"#### 45A Corporate plan\n\n  Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the CEO.","sortOrder":48},{"sectionNumber":"46","sectionType":"section","heading":"Regulations","content":"#### 46 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":49}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2160},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose of establishing the National Water Commission as an independent statutory body to monitor and audit the National Water Initiative. While amended over time to update review dates (e.g., the 2017 review trigger) and corporate governance exemptions (s 45A), the core scope of creating the NWC and defining its audit, assessment and advisory functions has not expanded beyond the original intent specified in section 3."},"complexity_factors":["Cross-references to multiple Commonwealth Acts including the Public Governance, Performance and Accountability Act 2013, Public Service Act 1999, Acts Interpretation Act 1901 and Remuneration Tribunal Act 1973","Conditional activation of core functions requiring specific triggers (e.g., 'if requested by COAG' or 'if requested by the Minister')","Differential treatment of full-time and part-time officeholders for both Commissioners and the CEO regarding leave, outside employment and termination grounds","Complex appointment process involving nominations from both the Commonwealth and other parties to the National Water Initiative","Dual reporting lines requiring simultaneous advice to the Minister and to all NWI parties"],"plain_english_summary":"This Act creates the **National Water Commission (NWC)**—an independent statutory body set up to oversee a national agreement on water management called the **National Water Initiative (NWI)**.\n\n**What the NWC does:**\n*   **Audits:** If requested by COAG (the Council of Australian Governments), it checks whether Commonwealth, State and Territory governments are keeping their water management promises and whether those efforts are working.\n*   **Triennial Reviews:** Every 3 years, it assesses how well governments are progressing toward the NWI's goals and reports back to COAG with recommendations.\n*   **Monitoring:** Keeps an eye on significant water management issues.\n*   **Advice:** Provides advice to the Commonwealth Minister on water programs when asked.\n*   **Studies:** Conducts research into matters of national water significance when requested by COAG.\n\n**How it's run:**\n*   The NWC consists of a **Chair** plus between **2 and 4 Commissioners** (so 3–5 people total). The Commonwealth consults with States/Territories to nominate the Chair, and both the Commonwealth and the other NWI parties can nominate Commissioners.\n*   Commissioners are appointed by the Governor-General for up to 3 years and must have expertise in areas like water management, ecology, economics or public administration.\n*   A **Chief Executive Officer (CEO)** handles day-to-day operations and distributes financial assistance for water projects. The CEO is appointed by the Minister for up to 5 years.\n*   Staff are employed under the Public Service Act.\n\n**Transparency and accountability:**\n*   The NWC must publish its audit and assessment reports on its website (unless the Minister objects).\n*   The body must be reviewed periodically (first by 2017, then every 5 years) with reports tabled in Parliament.\n*   It is a criminal offence (punishable by up to 2 years imprisonment) for officials to improperly disclose confidential information obtained under the Act."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act’s text consistently implements its stated object: to establish the NWC as an independent statutory body to carry out audits, assessments, monitoring, advice and certain administrative functions in support of the National Water Initiative (s3, s6, s7). The statute sets governance, staffing, delegation, reporting and review mechanisms but does not, within the text provided, broaden or narrow the NWC’s statutory remit beyond that object. Periodic reviews are required (s38), but those reviews are a mechanism for reassessing role and function rather than a direct amendment of scope within this Act."},"complexity_factors":["Mostly administrative and governance rules rather than novel regulatory powers","Multiple appointment routes and separate appointing authorities (Commonwealth nominations, Governor‑General appointments, Ministerial appointments) (s8, s11, s25)","Interplay with other laws: Public Governance, Performance and Accountability Act 2013 (finance/accountable authority and disclosure duties) and the Public Service Act 1999 (staffing) (s6(2), s35)","Ministerial discretion over publication of audit material (s44) and over CEO appointment/termination and certain permissions (s25, s32, s29)","Periodic statutory review schedule and parliamentary reporting obligations (s38, s45)","Criminal confidentiality provision that carries significant penalty and applies to a broad class of persons (s43)"],"plain_english_summary":"What the law does\n\n- Establishes the National Water Commission (NWC) as an independent statutory body (s3, s6). The NWC’s legal status and its officials are defined for Commonwealth finance law purposes (s6(2)).\n\nWho it affects\n\n- Commonwealth ministers and departments that deal with water policy: the NWC gives advice to the Minister and to the parties to the National Water Initiative (NWI) including the Commonwealth (s7(4), s7(4A), s7(5)).\n- State and Territory governments that are parties to the NWI: they nominate some Commissioners (s8(3)), may be audited or assessed by the NWC at COAG’s request (s7(1)(a)), and receive copies of the NWC’s annual report (s45(4)).\n- Individuals and organisations that receive Commonwealth financial assistance administered under this Act: the CEO administers such assistance and the recipients must be named in the NWC annual report (s24(1)(a), s45(2)).\n- NWC officials, staff and contractors: their roles, appointment rules, duties, remuneration and confidentiality obligations are set out (multiple sections, notably s11–s13, s23–s34, s35–s37, s43).\n\nHow it works (mechanics)\n\n- Functions: the NWC conducts audits and assessments of parties’ implementation of the NWI and, where provided for by other agreements, other Commonwealth–State water agreements; it monitors areas significant to NWI outcomes; it provides advice and recommendations to COAG and the Minister; and it can carry out COAG‑requested studies on matters of national significance relating to water (s7(1)(a)–(i), s7(1)(j)).\n- Reporting and publication: the CEO must include specified matters in the NWC annual report and provide the report to relevant State/Territory ministers (s45). Audits and assessments done under s7(1)(a)–(c) are to be published on the NWC website unless the Minister objects, and if the Minister objects the Minister’s reasons must be published (s44(1)–(2)). Other advice/recommendations are not to be published without the Minister’s agreement (s44(3)).\n- Governance and appointments: the NWC comprises a Chair plus at least 2 but no more than 4 Commissioners; the Commonwealth nominates the Chair and up to two Commissioners in consultation with other NWI parties, and the other parties nominate up to two Commissioners (s8(1)–(3)). Commissioners are appointed by the Governor‑General (s11(1)), must have a high level of relevant expertise (s11(3)), and must act in the best interests of the NWC (s10). The CEO is appointed by the Minister (s25) and is the accountable authority for finance law purposes (s6(2)(b)).\n- Executive functions and staff: the CEO manages day‑to‑day administration and administers financial assistance awarded by the Minister under Commonwealth programs referenced in s7(1)(g) (s24). Staff are APS employees engaged under the Public Service Act 1999 and the CEO is head of the statutory agency for those purposes (s35). The CEO may second staff from Commonwealth agencies or States (s36) and engage consultants/contractors (s37). The CEO may delegate functions in writing to SES employees (s34).\n- Meetings, remuneration and conditions: the Chair must convene at least five meetings a year (s19(1)); three Commissioners make a quorum (s19(3)). Remuneration and leave entitlements for Commissioners and the CEO are set through the Remuneration Tribunal or regulations (s13, s27, s14, s28). Outside paid employment by full‑time office holders requires the Minister’s consent (s15(1), s29(1)).\n- Confidentiality and sanctions: disclosing information obtained in connection with NWC duties outside permitted circumstances is a criminal offence with a penalty of up to two years’ imprisonment (s43).\n- Reviews: the NWC’s role and functions must be reviewed periodically — a review before the end of 2017 and then every five years after that (s38), with a written report to be laid before each House of Parliament (s38(2B)–(3)).\n\nStated purpose and an operational check\n\n- The Act states its purpose as creating the NWC as an independent statutory body as required by the NWI (s3). That is the statutory purpose claim. Mechanically, the Act gives the NWC powers to audit, assess, monitor, advise, publish certain audit material, and administer Commonwealth financial assistance (s7, s24, s44). These mechanisms create the following concrete incentives, costs and implementation features:\n  - Who pays and who benefits: Commonwealth programs fund financial assistance that the CEO administers; recipients of that assistance are named in the annual report (s24(1)(a), s45(2)). This concentrates identifiable benefits on grant recipients while reporting costs are borne by the NWC (s45).\n  - Decision authority and discretion: the Minister appoints and may terminate the CEO, can consent to outside employment (s25, s32, s29); the Governor‑General appoints and may terminate Commissioners on specified grounds (s11, s18). The Minister has discretion to withhold agreement to publish audits/assessments (s44(1)) and to set non‑statutory terms for the CEO (s30). Those powers create points of executive control over key personnel and publication of some outputs.\n  - Compliance and administrative burden: the Act imposes governance and reporting obligations on the NWC (minutes, published procedures for conflicts, annual report requirements) and confidentiality duties on officials with criminal penalties (s21, s45, s43). Commissioners and the CEO must comply with PGPA disclosure duties (s18(1)(c) referencing s29 of the PGPA Act). These are measurable administrative costs to the NWC and to staff and appointed officials.\n  - Implementation flexibility and risk: the Act permits secondment of Commonwealth and State staff (s36) and hiring of consultants (s37), which gives the NWC operational flexibility but makes its resourcing dependent on inter‑agency arrangements and procurement choices. Delegations to SES employees (s34) concentrate operational execution beneath the CEO.\n  - Effects on private choice and markets: the NWC’s primary role is monitoring, assessment and advice rather than direct market regulation. The Act does, however, create a grant administration role (s24) that can transfer public funds to projects, and sets public reporting on recipients (s45(2)). The Act does not itself set fees, prices or direct economic regulation.\n\nTrade‑offs and opportunity costs (source‑grounded)\n\n- The Act creates a specialised advisory and audit body with powers to publish certain findings (s7, s44). That capability requires staffing, reporting and governance resources (s35, s45). Those resources are paid from Commonwealth appropriations and from administering Commonwealth programs (s6(2), s24(1)(a)). The Act balances public transparency (publication of audits/assessments under s44(1)) with ministerial control over publication in some circumstances (s44(1)–(3)).\n\nIn short: the law establishes and details how the NWC is formed, staffed, funded and operated; gives it auditing, assessment and advisory functions focused on the NWI and related agreements; sets appointment, conduct and removal rules for the Chair, Commissioners and CEO; creates reporting and publication obligations (with limited ministerial veto); supplies routes for resourcing via secondment and consultants; and imposes criminal confidentiality restrictions for unauthorised disclosures (see s3, s6, s7, s8, s11, s23–s37, s38, s43–s45)."}},"importantCases":[],"_links":{"self":"/api/acts/national-water-commission-act-2004","history":"/api/acts/national-water-commission-act-2004/history","analysis":"/api/acts/national-water-commission-act-2004/analysis","conflicts":"/api/acts/national-water-commission-act-2004/conflicts","importantCases":"/api/acts/national-water-commission-act-2004/important-cases","documents":"/api/acts/national-water-commission-act-2004/documents"}}