{"id":"qld:act-2007-058","name":"South East Queensland Water (Restructuring) Act 2007","slug":"south-east-queensland-water-restructuring-act-2007","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"58 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30257,"registerId":"qld-act-2007-058-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Establishment, powers and functions","content":"# Establishment, powers and functions","sortOrder":0},{"sectionNumber":"sec.6","sectionType":"section","heading":"Establishment of Queensland Bulk Water Supply Authority","content":"### sec.6 Establishment of Queensland Bulk Water Supply Authority\n\nThe Queensland Bulk Water Supply Authority (the Authority ) continues in existence.\nThe Authority is not a body corporate.\nThe Authority does not have perpetual succession. See section 64 .\nThe Authority does not represent the State.\ns 6 amd 2012 No. 39 ss 23 , 38\n(sec.6-ssec.1) The Queensland Bulk Water Supply Authority (the Authority ) continues in existence.\n(sec.6-ssec.2) The Authority is not a body corporate. The Authority does not have perpetual succession. See section 64 .\n(sec.6-ssec.3) The Authority does not represent the State.","sortOrder":1},{"sectionNumber":"sec.7","sectionType":"section","heading":"Powers of Authority","content":"### sec.7 Powers of Authority\n\nThe Authority has all the powers of an individual and may, for example—\nenter into contracts; and\nacquire, hold, dispose of, and deal with property; and\nemploy staff; and\nappoint agents and attorneys; and\nengage consultants; and\nfix charges, and other terms, for services and other facilities it supplies; and\ndo anything else necessary or convenient to be done for its functions.\nWithout limiting subsection (1) , the Authority has the powers given to it under an Act.\nHowever, the Authority’s powers are subject to any limitations under an Act.\nThe Authority may sue and be sued in the name it is given under section 6 (1) .\ns 7 amd 2012 No. 39 s 102 sch pt 2\n(sec.7-ssec.1) The Authority has all the powers of an individual and may, for example— enter into contracts; and acquire, hold, dispose of, and deal with property; and employ staff; and appoint agents and attorneys; and engage consultants; and fix charges, and other terms, for services and other facilities it supplies; and do anything else necessary or convenient to be done for its functions.\n(sec.7-ssec.2) Without limiting subsection (1) , the Authority has the powers given to it under an Act.\n(sec.7-ssec.3) However, the Authority’s powers are subject to any limitations under an Act.\n(sec.7-ssec.4) The Authority may sue and be sued in the name it is given under section 6 (1) .\n- (a) enter into contracts; and\n- (b) acquire, hold, dispose of, and deal with property; and\n- (c) employ staff; and\n- (d) appoint agents and attorneys; and\n- (e) engage consultants; and\n- (f) fix charges, and other terms, for services and other facilities it supplies; and\n- (g) do anything else necessary or convenient to be done for its functions.","sortOrder":2},{"sectionNumber":"sec.8","sectionType":"section","heading":"Authentication of documents","content":"### sec.8 Authentication of documents\n\nA document made by the Authority, other than a document required to be sealed, is sufficiently made if it is signed by the chief executive officer, the chairperson of the board or another person authorised by the board.\nan instrument under section 13 delegating a function of the Authority\nA document made by the Authority that is required to be sealed is sufficiently made if it is sealed in the way authorised by the board and signed by the chief executive officer, the chairperson of the board or another person authorised by the board.\ns 8 amd 2012 No. 39 s 102 sch pt 2\n(sec.8-ssec.1) A document made by the Authority, other than a document required to be sealed, is sufficiently made if it is signed by the chief executive officer, the chairperson of the board or another person authorised by the board. an instrument under section 13 delegating a function of the Authority\n(sec.8-ssec.2) A document made by the Authority that is required to be sealed is sufficiently made if it is sealed in the way authorised by the board and signed by the chief executive officer, the chairperson of the board or another person authorised by the board.","sortOrder":3},{"sectionNumber":"sec.9","sectionType":"section","heading":"Functions of Authority","content":"### sec.9 Functions of Authority\n\nThe Authority has the following functions to the extent they are consistent with its operational and strategic plans—\ncarrying out water activities and other ancillary activities;\nsupplying water services and other ancillary services;\ndelivering a community education program relating to the Authority’s functions\nsupplying other services relating to the water industry, including—\nengineering services; and\nservices for operating or maintaining infrastructure; and\nbusiness management services; and\nservices for managing government or business initiatives to save water\nenergy generation; and\nscientific services;\ndeveloping water supply works;\nimproving the supply, delivery and quality of water, including by way of—\nriverine area protection; and\nsoil erosion control; and\nland degradation treatment and prevention; and\nnutrient management; and\nvegetation management;\nusing or managing its land in ways that benefit the community, including for recreational purposes;\nundertaking, with the State and service providers, collaborative planning activities with a view to doing each of the following and having regard to supply and demand—\nsupporting cost-effective operations;\npromoting efficient use of and investment in water infrastructure and other ancillary infrastructure;\nensuring the safe, secure and reliable supply of water;\nanything else likely to complement or enhance a function mentioned in paragraphs (a) to (g) ;\nanother function conferred under an Act.\nAlso, if requested by the water chief executive, the Authority has the function of advising the water chief executive about its activities to assist in the performance of the water chief executive’s functions under the Water Act 2000 , chapter 2 , part 2 , division 4 .\nIn this section—\nservice provider see the Water Act 2000 , schedule 4 .\nwater infrastructure see the Water Act 2000 , schedule 4 .\ns 9 amd 2011 No. 33 s 16 ; 2012 No. 39 ss 24 , 39\n(sec.9-ssec.1) The Authority has the following functions to the extent they are consistent with its operational and strategic plans— carrying out water activities and other ancillary activities; supplying water services and other ancillary services; delivering a community education program relating to the Authority’s functions supplying other services relating to the water industry, including— engineering services; and services for operating or maintaining infrastructure; and business management services; and services for managing government or business initiatives to save water energy generation; and scientific services; developing water supply works; improving the supply, delivery and quality of water, including by way of— riverine area protection; and soil erosion control; and land degradation treatment and prevention; and nutrient management; and vegetation management; using or managing its land in ways that benefit the community, including for recreational purposes; undertaking, with the State and service providers, collaborative planning activities with a view to doing each of the following and having regard to supply and demand— supporting cost-effective operations; promoting efficient use of and investment in water infrastructure and other ancillary infrastructure; ensuring the safe, secure and reliable supply of water; anything else likely to complement or enhance a function mentioned in paragraphs (a) to (g) ; another function conferred under an Act.\n(sec.9-ssec.2) Also, if requested by the water chief executive, the Authority has the function of advising the water chief executive about its activities to assist in the performance of the water chief executive’s functions under the Water Act 2000 , chapter 2 , part 2 , division 4 .\n(sec.9-ssec.3) In this section— service provider see the Water Act 2000 , schedule 4 . water infrastructure see the Water Act 2000 , schedule 4 .\n- (a) carrying out water activities and other ancillary activities;\n- (b) supplying water services and other ancillary services; Example of an ancillary service— delivering a community education program relating to the Authority’s functions\n- (c) supplying other services relating to the water industry, including— (i) engineering services; and (ii) services for operating or maintaining infrastructure; and (iii) business management services; and Example— services for managing government or business initiatives to save water (iv) energy generation; and (v) scientific services;\n- (i) engineering services; and\n- (ii) services for operating or maintaining infrastructure; and\n- (iii) business management services; and Example— services for managing government or business initiatives to save water\n- (iv) energy generation; and\n- (v) scientific services;\n- (d) developing water supply works;\n- (e) improving the supply, delivery and quality of water, including by way of— (i) riverine area protection; and (ii) soil erosion control; and (iii) land degradation treatment and prevention; and (iv) nutrient management; and (v) vegetation management;\n- (i) riverine area protection; and\n- (ii) soil erosion control; and\n- (iii) land degradation treatment and prevention; and\n- (iv) nutrient management; and\n- (v) vegetation management;\n- (f) using or managing its land in ways that benefit the community, including for recreational purposes;\n- (g) undertaking, with the State and service providers, collaborative planning activities with a view to doing each of the following and having regard to supply and demand— (i) supporting cost-effective operations; (ii) promoting efficient use of and investment in water infrastructure and other ancillary infrastructure; (iii) ensuring the safe, secure and reliable supply of water;\n- (i) supporting cost-effective operations;\n- (ii) promoting efficient use of and investment in water infrastructure and other ancillary infrastructure;\n- (iii) ensuring the safe, secure and reliable supply of water;\n- (h) anything else likely to complement or enhance a function mentioned in paragraphs (a) to (g) ;\n- (i) another function conferred under an Act.\n- (i) engineering services; and\n- (ii) services for operating or maintaining infrastructure; and\n- (iii) business management services; and Example— services for managing government or business initiatives to save water\n- (iv) energy generation; and\n- (v) scientific services;\n- (i) riverine area protection; and\n- (ii) soil erosion control; and\n- (iii) land degradation treatment and prevention; and\n- (iv) nutrient management; and\n- (v) vegetation management;\n- (i) supporting cost-effective operations;\n- (ii) promoting efficient use of and investment in water infrastructure and other ancillary infrastructure;\n- (iii) ensuring the safe, secure and reliable supply of water;","sortOrder":4},{"sectionNumber":"sec.10","sectionType":"section","heading":null,"content":"### Section sec.10\n\ns 10 amd 2011 No. 33 s 17\nom 2012 No. 39 s 40","sortOrder":5},{"sectionNumber":"sec.11","sectionType":"section","heading":"Functions to be carried out commercially","content":"### sec.11 Functions to be carried out commercially\n\nThe Authority must carry out its functions as a commercial enterprise.\nSubsection (1) does not apply to the extent the Authority is required under this Act to perform a community service obligation other than as a commercial enterprise.\ns 11 amd 2012 No. 39 s 25\nsub 2012 No. 39 s 41\n(sec.11-ssec.1) The Authority must carry out its functions as a commercial enterprise.\n(sec.11-ssec.2) Subsection (1) does not apply to the extent the Authority is required under this Act to perform a community service obligation other than as a commercial enterprise.","sortOrder":6},{"sectionNumber":"sec.12","sectionType":"section","heading":"Powers and functions in or out of Queensland","content":"### sec.12 Powers and functions in or out of Queensland\n\nThe Authority may exercise its powers and perform its functions inside or outside Queensland.\ns 12 amd 2012 No. 39 s 102 sch pt 2","sortOrder":7},{"sectionNumber":"sec.13","sectionType":"section","heading":"Delegation","content":"### sec.13 Delegation\n\nThe Authority may delegate a function to the chief executive officer or an appropriately qualified employee.\nA person to whom a function is delegated under subsection (1) may subdelegate the function to an appropriately qualified employee.\nIn this section—\nappropriately qualified includes having qualifications, experience or standing appropriate for the function.\nfunction includes power.\ns 13 amd 2012 No. 39 s 102 sch pt 2 ; 2019 No. 17 s 321\n(sec.13-ssec.1) The Authority may delegate a function to the chief executive officer or an appropriately qualified employee.\n(sec.13-ssec.2) A person to whom a function is delegated under subsection (1) may subdelegate the function to an appropriately qualified employee.\n(sec.13-ssec.3) In this section— appropriately qualified includes having qualifications, experience or standing appropriate for the function. function includes power.","sortOrder":8},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Board","content":"# Board","sortOrder":9},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Establishment, membership and related matters","content":"## Establishment, membership and related matters","sortOrder":10},{"sectionNumber":"sec.14","sectionType":"section","heading":"Establishment and status of board","content":"### sec.14 Establishment and status of board\n\nThe Authority must have a board.\nHowever, the Authority is not constituted by the members of the board.\ns 14 amd 2012 No. 39 s 102 sch pt 2\n(sec.14-ssec.1) The Authority must have a board.\n(sec.14-ssec.2) However, the Authority is not constituted by the members of the board.","sortOrder":11},{"sectionNumber":"sec.15","sectionType":"section","heading":"Role of board","content":"### sec.15 Role of board\n\nThe board is responsible for the way the Authority performs its functions and exercises its powers.\nThe board’s role includes—\ndeciding the strategies and the operational, administrative and financial policies to be followed by the Authority; and\nensuring the Authority performs its functions and exercises its powers in a proper, effective and efficient way; and\nensuring that, so far as practicable, the Authority acts under, and achieves the objects in, its strategic and operational plans; and\naccounting to the responsible Ministers, as required by an Act, for the Authority’s performance; and\nreviewing annually the performance of the chief executive officer.\ns 15 amd 2012 No. 39 s 102 sch pt 2\n(sec.15-ssec.1) The board is responsible for the way the Authority performs its functions and exercises its powers.\n(sec.15-ssec.2) The board’s role includes— deciding the strategies and the operational, administrative and financial policies to be followed by the Authority; and ensuring the Authority performs its functions and exercises its powers in a proper, effective and efficient way; and ensuring that, so far as practicable, the Authority acts under, and achieves the objects in, its strategic and operational plans; and accounting to the responsible Ministers, as required by an Act, for the Authority’s performance; and reviewing annually the performance of the chief executive officer.\n- (a) deciding the strategies and the operational, administrative and financial policies to be followed by the Authority; and\n- (b) ensuring the Authority performs its functions and exercises its powers in a proper, effective and efficient way; and\n- (c) ensuring that, so far as practicable, the Authority acts under, and achieves the objects in, its strategic and operational plans; and\n- (d) accounting to the responsible Ministers, as required by an Act, for the Authority’s performance; and\n- (e) reviewing annually the performance of the chief executive officer.","sortOrder":12},{"sectionNumber":"sec.16","sectionType":"section","heading":"Appointment of members","content":"### sec.16 Appointment of members\n\nThe board is to consist of not less than 2 members appointed by the responsible Ministers.\nIn deciding whether to appoint a person as a member, the responsible Ministers must have regard to the person’s ability to contribute to the implementation of the Authority’s strategic and operational plans.\nA person may not be appointed as a member if the person—\nis a public service employee; or\nis a councillor or employee of a local government; or\nis an insolvent under administration; or\nhas a conviction, other than a spent conviction, for an indictable offence.\nSubject to section 19 , a member holds office for the term, not more than 3 years, stated in the member’s appointment.\nIf otherwise qualified, a member is eligible for reappointment.\ns 16 amd 2011 No. 8 s 94 ; 2012 No. 39 ss 42 , 102 sch pt 2\n(sec.16-ssec.1) The board is to consist of not less than 2 members appointed by the responsible Ministers.\n(sec.16-ssec.2) In deciding whether to appoint a person as a member, the responsible Ministers must have regard to the person’s ability to contribute to the implementation of the Authority’s strategic and operational plans.\n(sec.16-ssec.3) A person may not be appointed as a member if the person— is a public service employee; or is a councillor or employee of a local government; or is an insolvent under administration; or has a conviction, other than a spent conviction, for an indictable offence.\n(sec.16-ssec.4) Subject to section 19 , a member holds office for the term, not more than 3 years, stated in the member’s appointment.\n(sec.16-ssec.5) If otherwise qualified, a member is eligible for reappointment.\n- (a) is a public service employee; or\n- (b) is a councillor or employee of a local government; or\n- (c) is an insolvent under administration; or\n- (d) has a conviction, other than a spent conviction, for an indictable offence.","sortOrder":13},{"sectionNumber":"sec.17","sectionType":"section","heading":"Chairperson","content":"### sec.17 Chairperson\n\nThe responsible Ministers must appoint 1 of the members of the board as its chairperson.\nSubject to section 19 , the chairperson holds office for the term, ending not later than his or her term of appointment as a member, stated in his or her appointment as chairperson.\ns 17 amd 2012 No. 39 s 102 sch pt 2\n(sec.17-ssec.1) The responsible Ministers must appoint 1 of the members of the board as its chairperson.\n(sec.17-ssec.2) Subject to section 19 , the chairperson holds office for the term, ending not later than his or her term of appointment as a member, stated in his or her appointment as chairperson.","sortOrder":14},{"sectionNumber":"sec.18","sectionType":"section","heading":"Deputy chairperson","content":"### sec.18 Deputy chairperson\n\nThe responsible Ministers may appoint 1 of the members of the board as its deputy chairperson.\nSubject to section 19 , the deputy chairperson holds office for the term, ending not later than his or her term of appointment as a member, stated in his or her appointment as deputy chairperson.\nThe deputy chairperson is to act as chairperson—\nduring a vacancy in the office of chairperson; and\nduring all periods when the chairperson is absent from duty or is, for another reason, unable to perform the functions of the office.\ns 18 amd 2012 No. 39 s 102 sch pt 2\n(sec.18-ssec.1) The responsible Ministers may appoint 1 of the members of the board as its deputy chairperson.\n(sec.18-ssec.2) Subject to section 19 , the deputy chairperson holds office for the term, ending not later than his or her term of appointment as a member, stated in his or her appointment as deputy chairperson.\n(sec.18-ssec.3) The deputy chairperson is to act as chairperson— during a vacancy in the office of chairperson; and during all periods when the chairperson is absent from duty or is, for another reason, unable to perform the functions of the office.\n- (a) during a vacancy in the office of chairperson; and\n- (b) during all periods when the chairperson is absent from duty or is, for another reason, unable to perform the functions of the office.","sortOrder":15},{"sectionNumber":"sec.19","sectionType":"section","heading":"Terms and ending of appointments","content":"### sec.19 Terms and ending of appointments\n\nThis section applies to a person’s appointment to the office of member of the board or chairperson or deputy chairperson of the board.\nFor matters not provided for under this Act, the person holds the office on the terms of appointment decided by the responsible Ministers.\nExcept as decided by the responsible Ministers, the person is not entitled to receive any payment, any interest in property or other valuable consideration or benefit—\nby way of remuneration as holder of the office; or\nin connection with retirement from the office or other ending of the office.\nThe responsible Ministers may, at any time, end the appointment for any reason or none.\nThe person may resign the office by giving a signed notice of resignation to the responsible Ministers at least the required period before the notice is to take effect.\nThe appointment ends if the person becomes someone who, under section 16 (3) , may not be appointed as a member.\nA person’s appointment as member of the board does not end only because the person’s appointment as chairperson or deputy chairperson of the board has ended.\nIn this section—\nrequired period means the period stated in the appointment or otherwise agreed with the responsible Ministers.\ns 19 amd 2012 No. 39 s 102 sch pt 2\n(sec.19-ssec.1) This section applies to a person’s appointment to the office of member of the board or chairperson or deputy chairperson of the board.\n(sec.19-ssec.2) For matters not provided for under this Act, the person holds the office on the terms of appointment decided by the responsible Ministers.\n(sec.19-ssec.3) Except as decided by the responsible Ministers, the person is not entitled to receive any payment, any interest in property or other valuable consideration or benefit— by way of remuneration as holder of the office; or in connection with retirement from the office or other ending of the office.\n(sec.19-ssec.4) The responsible Ministers may, at any time, end the appointment for any reason or none.\n(sec.19-ssec.5) The person may resign the office by giving a signed notice of resignation to the responsible Ministers at least the required period before the notice is to take effect.\n(sec.19-ssec.6) The appointment ends if the person becomes someone who, under section 16 (3) , may not be appointed as a member.\n(sec.19-ssec.7) A person’s appointment as member of the board does not end only because the person’s appointment as chairperson or deputy chairperson of the board has ended.\n(sec.19-ssec.8) In this section— required period means the period stated in the appointment or otherwise agreed with the responsible Ministers.\n- (a) by way of remuneration as holder of the office; or\n- (b) in connection with retirement from the office or other ending of the office.","sortOrder":16},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Business","content":"## Business","sortOrder":17},{"sectionNumber":"sec.20","sectionType":"section","heading":"Conduct of business","content":"### sec.20 Conduct of business\n\nSubject to this division, the board may conduct its business, including its meetings, in the way it considers appropriate.\ns 20 amd 2012 No. 39 s 102 sch pt 2","sortOrder":18},{"sectionNumber":"sec.21","sectionType":"section","heading":"Time and place of meetings","content":"### sec.21 Time and place of meetings\n\nBoard meetings are to be held at the times and places the board decides.\nThe board must meet at least once every 3 months.\nThe chairperson of the board may, at any time, call a meeting of the board.\nThe chairperson of the board must call a meeting of the board if asked, in writing, to do so by at least 2 members of the board.\ns 21 amd 2012 No. 39 s 102 sch pt 2\n(sec.21-ssec.1) Board meetings are to be held at the times and places the board decides.\n(sec.21-ssec.2) The board must meet at least once every 3 months.\n(sec.21-ssec.3) The chairperson of the board may, at any time, call a meeting of the board.\n(sec.21-ssec.4) The chairperson of the board must call a meeting of the board if asked, in writing, to do so by at least 2 members of the board.","sortOrder":19},{"sectionNumber":"sec.22","sectionType":"section","heading":"Quorum","content":"### sec.22 Quorum\n\nA quorum for the board is—\nif the board has 2 members—both members; or\nif the board has 3 or more members—3 members.\ns 22 sub 2012 No. 39 s 102 sch pt 2\n- (a) if the board has 2 members—both members; or\n- (b) if the board has 3 or more members—3 members.","sortOrder":20},{"sectionNumber":"sec.23","sectionType":"section","heading":"Presiding at meetings","content":"### sec.23 Presiding at meetings\n\nThe chairperson of the board is to preside at all meetings of the board at which the chairperson is present.\nIf the chairperson is absent from a board meeting and the deputy chairperson is present, the deputy chairperson is to preside.\nIf the chairperson and deputy chairperson are both absent from a board meeting (including because of a vacancy in the office), a member chosen by the members present is to preside at the meeting.\ns 23 amd 2012 No. 39 s 102 sch pt 2\n(sec.23-ssec.1) The chairperson of the board is to preside at all meetings of the board at which the chairperson is present.\n(sec.23-ssec.2) If the chairperson is absent from a board meeting and the deputy chairperson is present, the deputy chairperson is to preside.\n(sec.23-ssec.3) If the chairperson and deputy chairperson are both absent from a board meeting (including because of a vacancy in the office), a member chosen by the members present is to preside at the meeting.","sortOrder":21},{"sectionNumber":"sec.24","sectionType":"section","heading":"Conduct of meetings","content":"### sec.24 Conduct of meetings\n\nA question at a board meeting is decided by a majority of the votes of the members present.\nEach member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\nA member present at the meeting who abstains from voting is taken to have voted for the negative.\nThe board may hold meetings, or allow members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen.\nteleconferencing\nA member who takes part in a meeting under subsection (4) is taken to be present at the meeting.\nA resolution is validly made by the board, even if it is not passed at a board meeting, if—\nnotice of the resolution is given under procedures approved by the board; and\na majority of the board members give written agreement to the resolution.\ns 24 amd 2012 No. 39 s 102 sch pt 2\n(sec.24-ssec.1) A question at a board meeting is decided by a majority of the votes of the members present.\n(sec.24-ssec.2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\n(sec.24-ssec.3) A member present at the meeting who abstains from voting is taken to have voted for the negative.\n(sec.24-ssec.4) The board may hold meetings, or allow members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen. teleconferencing\n(sec.24-ssec.5) A member who takes part in a meeting under subsection (4) is taken to be present at the meeting.\n(sec.24-ssec.6) A resolution is validly made by the board, even if it is not passed at a board meeting, if— notice of the resolution is given under procedures approved by the board; and a majority of the board members give written agreement to the resolution.\n- (a) notice of the resolution is given under procedures approved by the board; and\n- (b) a majority of the board members give written agreement to the resolution.","sortOrder":22},{"sectionNumber":"sec.25","sectionType":"section","heading":"Minutes","content":"### sec.25 Minutes\n\nThe board must keep minutes of its meetings.\nThe board must keep a record of any resolutions made under section 24 (6) .\ns 25 amd 2012 No. 39 s 102 sch pt 2\n(sec.25-ssec.1) The board must keep minutes of its meetings.\n(sec.25-ssec.2) The board must keep a record of any resolutions made under section 24 (6) .","sortOrder":23},{"sectionNumber":"sec.26","sectionType":"section","heading":"Disclosure of interests","content":"### sec.26 Disclosure of interests\n\nThis section applies to a member of the board (the interested member ) if—\nthe interested member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and\nthe interest could conflict with the proper performance of the interested member’s duties about the consideration of the issue.\nAfter the relevant facts come to the interested member’s knowledge, the member must disclose the nature of the interest to a board meeting.\nUnless the board otherwise directs, the interested member must not—\nbe present when the board considers the issue; or\ntake part in a decision of the board about the issue.\nThe interested member must not be present when the board is considering whether to give a direction under subsection (3) .\nIf there is another person who must, under subsection (2) , also disclose an interest in the issue, the other person must not—\nbe present when the board is considering whether to give a direction under subsection (3) about the interested member; or\ntake part in making the decision about giving the direction.\nIf—\nbecause of this section, a board member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\nthere would be a quorum if the member were present;\nthe remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\nIf there are no members who may remain present for considering or deciding an issue, the responsible Ministers may, by each signing consent to a proposed resolution, consider and decide the issue.\nA disclosure under subsection (2) must be recorded in the board’s minutes.\ns 26 amd 2008 No. 75 s 98 ; 2012 No. 39 s 102 sch pt 2\n(sec.26-ssec.1) This section applies to a member of the board (the interested member ) if— the interested member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and the interest could conflict with the proper performance of the interested member’s duties about the consideration of the issue.\n(sec.26-ssec.2) After the relevant facts come to the interested member’s knowledge, the member must disclose the nature of the interest to a board meeting.\n(sec.26-ssec.3) Unless the board otherwise directs, the interested member must not— be present when the board considers the issue; or take part in a decision of the board about the issue.\n(sec.26-ssec.4) The interested member must not be present when the board is considering whether to give a direction under subsection (3) .\n(sec.26-ssec.5) If there is another person who must, under subsection (2) , also disclose an interest in the issue, the other person must not— be present when the board is considering whether to give a direction under subsection (3) about the interested member; or take part in making the decision about giving the direction.\n(sec.26-ssec.6) If— because of this section, a board member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and there would be a quorum if the member were present; the remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\n(sec.26-ssec.7) If there are no members who may remain present for considering or deciding an issue, the responsible Ministers may, by each signing consent to a proposed resolution, consider and decide the issue.\n(sec.26-ssec.8) A disclosure under subsection (2) must be recorded in the board’s minutes.\n- (a) the interested member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and\n- (b) the interest could conflict with the proper performance of the interested member’s duties about the consideration of the issue.\n- (a) be present when the board considers the issue; or\n- (b) take part in a decision of the board about the issue.\n- (a) be present when the board is considering whether to give a direction under subsection (3) about the interested member; or\n- (b) take part in making the decision about giving the direction.\n- (a) because of this section, a board member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\n- (b) there would be a quorum if the member were present;","sortOrder":24},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Senior employees","content":"# Senior employees","sortOrder":25},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"Chief executive officer","content":"## Chief executive officer","sortOrder":26},{"sectionNumber":"sec.27","sectionType":"section","heading":"Appointment of chief executive officer","content":"### sec.27 Appointment of chief executive officer\n\nThe Authority must have a chief executive officer.\nThe chief executive officer is to be appointed by the board with the prior written approval of the responsible Ministers.\nThe chief executive officer is an employee of the Authority.\ns 27 amd 2012 No. 39 s 102 sch pt 2\n(sec.27-ssec.1) The Authority must have a chief executive officer.\n(sec.27-ssec.2) The chief executive officer is to be appointed by the board with the prior written approval of the responsible Ministers.\n(sec.27-ssec.3) The chief executive officer is an employee of the Authority.","sortOrder":27},{"sectionNumber":"sec.28","sectionType":"section","heading":"Term of appointment","content":"### sec.28 Term of appointment\n\nSubject to this section, the chief executive officer holds office for the term, not more than 5 years, stated in his or her contract of employment.\nIf otherwise qualified, the chief executive officer is eligible for reappointment.\nThe board may, at any time, end the appointment for any reason or none.\nThe ending of the appointment under subsection (3) does not affect any rights to compensation to which the chief executive officer is entitled under the contract of employment.\nThe chief executive officer may resign by giving a signed notice of resignation to the board at least the required period before the notice is to take effect.\nThe chief executive officer’s appointment ends if he or she stops being qualified to be the chief executive officer.\nIn this section—\nrequired period means the period stated in the chief executive’s contract of employment or otherwise agreed with the board.\n(sec.28-ssec.1) Subject to this section, the chief executive officer holds office for the term, not more than 5 years, stated in his or her contract of employment.\n(sec.28-ssec.2) If otherwise qualified, the chief executive officer is eligible for reappointment.\n(sec.28-ssec.3) The board may, at any time, end the appointment for any reason or none.\n(sec.28-ssec.4) The ending of the appointment under subsection (3) does not affect any rights to compensation to which the chief executive officer is entitled under the contract of employment.\n(sec.28-ssec.5) The chief executive officer may resign by giving a signed notice of resignation to the board at least the required period before the notice is to take effect.\n(sec.28-ssec.6) The chief executive officer’s appointment ends if he or she stops being qualified to be the chief executive officer.\n(sec.28-ssec.7) In this section— required period means the period stated in the chief executive’s contract of employment or otherwise agreed with the board.","sortOrder":28},{"sectionNumber":"sec.29","sectionType":"section","heading":"Conditions of appointment","content":"### sec.29 Conditions of appointment\n\nFor matters not provided for under this Act or stated in the contract of employment, the chief executive officer holds office on the terms of appointment decided by the board.","sortOrder":29},{"sectionNumber":"sec.30","sectionType":"section","heading":"Qualifications for appointment","content":"### sec.30 Qualifications for appointment\n\nA person may not be appointed, or continue in office, as the chief executive officer if the person—\nis an insolvent under administration; or\nhas a conviction, other than a spent conviction, for an indictable offence; or\nis not able to manage a corporation because of the Corporations Act , part 2D .6; or\nis named in the register held by ASIC under the Corporations Act , section 1274AA .\n- (a) is an insolvent under administration; or\n- (b) has a conviction, other than a spent conviction, for an indictable offence; or\n- (c) is not able to manage a corporation because of the Corporations Act , part 2D .6; or\n- (d) is named in the register held by ASIC under the Corporations Act , section 1274AA .","sortOrder":30},{"sectionNumber":"sec.31","sectionType":"section","heading":"Chief executive officer’s responsibilities","content":"### sec.31 Chief executive officer’s responsibilities\n\nThe chief executive officer is, under the board, responsible for managing the Authority’s affairs under—\nthis Act and other relevant legislation; and\nthe board’s policies.\ns 31 sub 2012 No. 39 s 102 sch pt 2\n- (a) this Act and other relevant legislation; and\n- (b) the board’s policies.","sortOrder":31},{"sectionNumber":"sec.32","sectionType":"section","heading":"Things done by chief executive officer","content":"### sec.32 Things done by chief executive officer\n\nAnything done in the name of, or for, the Authority by the chief executive officer is taken to have been done by the Authority.\ns 32 amd 2012 No. 39 s 102 sch pt 2","sortOrder":32},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"Senior executives","content":"## Senior executives","sortOrder":33},{"sectionNumber":"sec.33","sectionType":"section","heading":"Appointment of senior executives","content":"### sec.33 Appointment of senior executives\n\nThe senior executives of the Authority are to be appointed by the board.\ns 33 sub 2008 No. 75 s 99\namd 2012 No. 39 s 102 sch pt 2","sortOrder":34},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Reporting and accountability","content":"# Reporting and accountability","sortOrder":35},{"sectionNumber":"ch.2-pt.4-div.1","sectionType":"division","heading":"Application of other Acts","content":"## Application of other Acts","sortOrder":36},{"sectionNumber":"sec.34","sectionType":"section","heading":"Application of financial Acts","content":"### sec.34 Application of financial Acts\n\nThe Authority is—\na statutory body under the Financial Accountability Act 2009 ; and\na statutory body under the Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B , sets out the way in which the Authority’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\ns 34 amd 2009 No. 9 s 136 sch 1 ; 2012 No. 39 s 102 sch pt 2\n(sec.34-ssec.1) The Authority is— a statutory body under the Financial Accountability Act 2009 ; and a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.34-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B , sets out the way in which the Authority’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\n- (a) a statutory body under the Financial Accountability Act 2009 ; and\n- (b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":37},{"sectionNumber":"sec.35","sectionType":"section","heading":"Application of Crime and Corruption Act 2001","content":"### sec.35 Application of Crime and Corruption Act 2001\n\nThe Authority is a unit of public administration under the Crime and Corruption Act 2001 .\ns 35 amd 2012 No. 39 s 102 sch pt 2 ; 2014 No. 21 s 94 (2) sch 2","sortOrder":38},{"sectionNumber":"ch.2-pt.4-div.2","sectionType":"division","heading":"Reporting generally","content":"## Reporting generally","sortOrder":39},{"sectionNumber":"sec.36","sectionType":"section","heading":"Quarterly reports","content":"### sec.36 Quarterly reports\n\nThe board must give the responsible Ministers a report on the Authority’s operations for each quarter in a financial year.\nA quarterly report must be given to the responsible Ministers—\nwithin 1 month after the end of the quarter; or\nif another period after the end of the quarter is agreed between the board and the responsible Ministers—within the agreed period.\nA quarterly report must contain the information required to be given in the report under the Authority’s operational plan.\nIn this section—\nquarter , in a financial year, means the following periods in the year—\n1 July to 30 September;\n1 October to 31 December;\n1 January to 31 March;\n1 April to 30 June.\ns 36 amd 2012 No. 39 s 102 sch pt 2 ; 2019 No. 17 s 322\n(sec.36-ssec.1) The board must give the responsible Ministers a report on the Authority’s operations for each quarter in a financial year.\n(sec.36-ssec.2) A quarterly report must be given to the responsible Ministers— within 1 month after the end of the quarter; or if another period after the end of the quarter is agreed between the board and the responsible Ministers—within the agreed period.\n(sec.36-ssec.3) A quarterly report must contain the information required to be given in the report under the Authority’s operational plan.\n(sec.36-ssec.4) In this section— quarter , in a financial year, means the following periods in the year— 1 July to 30 September; 1 October to 31 December; 1 January to 31 March; 1 April to 30 June.\n- (a) within 1 month after the end of the quarter; or\n- (b) if another period after the end of the quarter is agreed between the board and the responsible Ministers—within the agreed period.\n- (a) 1 July to 30 September;\n- (b) 1 October to 31 December;\n- (c) 1 January to 31 March;\n- (d) 1 April to 30 June.","sortOrder":40},{"sectionNumber":"sec.37","sectionType":"section","heading":"Board to keep responsible Ministers informed","content":"### sec.37 Board to keep responsible Ministers informed\n\nThe board must—\nkeep the responsible Ministers reasonably informed of the Authority’s operations, financial performance and financial position and its achievement of the objectives in its strategic and operational plans; and\ngive to the responsible Ministers reports and information that they need to enable them to make informed assessments of matters mentioned in paragraph (a) ; and\nimmediately inform the relevant Ministers of any matters that arise that, in the board’s opinion, may—\nprevent, or significantly affect, achievement of the objectives in the Authority’s strategic and operational plans; or\nsignificantly affect the Authority’s performance in delivering the outputs under its operational plan.\ns 37 amd 2012 No. 39 s 102 sch pt 2\n- (a) keep the responsible Ministers reasonably informed of the Authority’s operations, financial performance and financial position and its achievement of the objectives in its strategic and operational plans; and\n- (b) give to the responsible Ministers reports and information that they need to enable them to make informed assessments of matters mentioned in paragraph (a) ; and\n- (c) immediately inform the relevant Ministers of any matters that arise that, in the board’s opinion, may— (i) prevent, or significantly affect, achievement of the objectives in the Authority’s strategic and operational plans; or (ii) significantly affect the Authority’s performance in delivering the outputs under its operational plan.\n- (i) prevent, or significantly affect, achievement of the objectives in the Authority’s strategic and operational plans; or\n- (ii) significantly affect the Authority’s performance in delivering the outputs under its operational plan.\n- (i) prevent, or significantly affect, achievement of the objectives in the Authority’s strategic and operational plans; or\n- (ii) significantly affect the Authority’s performance in delivering the outputs under its operational plan.","sortOrder":41},{"sectionNumber":"sec.38","sectionType":"section","heading":"Reporting to department","content":"### sec.38 Reporting to department\n\nThe responsible Ministers may act under this section for the purpose of monitoring, assessing or reporting on the Authority’s performance of its functions.\nThe responsible Ministers may require the Authority or the board to report to a department administered by a responsible Minister by, for example, giving stated information at stated times to the chief executive of that department.\nThe Authority or the board must comply with the requirement.\ns 38 amd 2012 No. 39 s 102 sch pt 2\n(sec.38-ssec.1) The responsible Ministers may act under this section for the purpose of monitoring, assessing or reporting on the Authority’s performance of its functions.\n(sec.38-ssec.2) The responsible Ministers may require the Authority or the board to report to a department administered by a responsible Minister by, for example, giving stated information at stated times to the chief executive of that department.\n(sec.38-ssec.3) The Authority or the board must comply with the requirement.","sortOrder":42},{"sectionNumber":"sec.39","sectionType":"section","heading":"Other reporting requirements","content":"### sec.39 Other reporting requirements\n\nSections 37 and 38 do not limit the matters of which the board is required to keep the responsible Ministers informed, or limit the reports or information that the board is required, or may be required, to give under another Act.","sortOrder":43},{"sectionNumber":"ch.2-pt.4-div.3","sectionType":"division","heading":"Annual reports","content":"## Annual reports","sortOrder":44},{"sectionNumber":"sec.40","sectionType":"section","heading":"Definition for div 3","content":"### sec.40 Definition for div 3\n\nIn this division—\nannual report means the Authority’s annual report under the Financial Accountability Act 2009 .\ns 40 def annual report amd 2009 No. 9 s 136 sch 1 ; 2012 No. 39 s 102 sch pt 2","sortOrder":45},{"sectionNumber":"sec.41","sectionType":"section","heading":"Deletion of commercially sensitive matters from annual report","content":"### sec.41 Deletion of commercially sensitive matters from annual report\n\nThis section applies if the board asks the responsible Ministers to delete from the copies of an annual report (and accompanying documents) that are to be made public a matter that is of a commercially sensitive nature.\nThe responsible Ministers may delete the matter from the copies of the annual report (and accompanying documents) that are laid before the Legislative Assembly or otherwise made public.\ns 41 amd 2012 No. 39 s 102 sch pt 2\n(sec.41-ssec.1) This section applies if the board asks the responsible Ministers to delete from the copies of an annual report (and accompanying documents) that are to be made public a matter that is of a commercially sensitive nature.\n(sec.41-ssec.2) The responsible Ministers may delete the matter from the copies of the annual report (and accompanying documents) that are laid before the Legislative Assembly or otherwise made public.","sortOrder":46},{"sectionNumber":"sec.42","sectionType":"section","heading":"Annual report may include a summary of a matter","content":"### sec.42 Annual report may include a summary of a matter\n\nAn annual report may include a summary of a matter required to be included in the annual report, rather than a full statement of the matter, if—\nthe summary indicates that is a summary only; and\na full statement of the matter is laid before the Legislative Assembly at the same time as a copy of the annual report is laid before the Legislative Assembly.\ns 42 amd 2012 No. 39 s 102 sch pt 2\n- (a) the summary indicates that is a summary only; and\n- (b) a full statement of the matter is laid before the Legislative Assembly at the same time as a copy of the annual report is laid before the Legislative Assembly.","sortOrder":47},{"sectionNumber":"sec.43","sectionType":"section","heading":"Matters to be included in annual report","content":"### sec.43 Matters to be included in annual report\n\nThe annual report for a financial year must include copies of all directions given to the Authority by the responsible Ministers under this chapter during the financial year.\ns 43 amd 2012 No. 39 s 102 sch pt 2","sortOrder":48},{"sectionNumber":"ch.2-pt.4-div.4","sectionType":"division","heading":"Strategic and operational plans","content":"## Strategic and operational plans","sortOrder":49},{"sectionNumber":"sec.44","sectionType":"section","heading":"Interaction with the Financial Accountability Act 2009","content":"### sec.44 Interaction with the Financial Accountability Act 2009\n\nIf something is required to be done under this division and the same thing, or something to the same effect, is required to be done under the Financial Accountability Act 2009 , compliance with this division is sufficient compliance with the Financial Accountability Act 2009 .\nOtherwise, the requirements under this division are in addition to the requirements under the Financial Accountability Act 2009 .\nIf there is an inconsistency between this division and the Financial Accountability Act 2009 , this division prevails to the extent of the inconsistency.\ns 44 amd 2009 No. 9 s 136 sch 1\n(sec.44-ssec.1) If something is required to be done under this division and the same thing, or something to the same effect, is required to be done under the Financial Accountability Act 2009 , compliance with this division is sufficient compliance with the Financial Accountability Act 2009 .\n(sec.44-ssec.2) Otherwise, the requirements under this division are in addition to the requirements under the Financial Accountability Act 2009 .\n(sec.44-ssec.3) If there is an inconsistency between this division and the Financial Accountability Act 2009 , this division prevails to the extent of the inconsistency.","sortOrder":50},{"sectionNumber":"sec.45","sectionType":"section","heading":"Draft strategic and operational plans","content":"### sec.45 Draft strategic and operational plans\n\nBefore 31 March each year, the board must prepare, and submit to the responsible Ministers for their agreement, a draft strategic plan and a draft operational plan for the next financial year.\nThe board and the responsible Ministers must try to reach agreement on the draft plans as soon as possible and, in any event, not later than the start of the financial year.\ns 45 amd 2012 No. 39 s 102 sch pt 2\n(sec.45-ssec.1) Before 31 March each year, the board must prepare, and submit to the responsible Ministers for their agreement, a draft strategic plan and a draft operational plan for the next financial year.\n(sec.45-ssec.2) The board and the responsible Ministers must try to reach agreement on the draft plans as soon as possible and, in any event, not later than the start of the financial year.","sortOrder":51},{"sectionNumber":"sec.46","sectionType":"section","heading":"Procedures","content":"### sec.46 Procedures\n\nThe responsible Ministers may return the draft strategic or operational plan to the board and ask the board—\nto consider, or further consider, a stated thing and deal with the thing in the draft plan; and\nto revise the draft plan in the light of its consideration or further consideration.\nThe board must comply with the request as a matter of urgency.\nIf the draft plan has not been agreed to by the responsible Ministers by 1 month before the start of the financial year, the responsible Ministers may, by written notice, direct the board—\nto take stated steps in relation to the draft plan; or\nto make stated modifications of the draft plan.\nThe board must immediately comply with the direction and include a copy of the direction in the plan.\n(sec.46-ssec.1) The responsible Ministers may return the draft strategic or operational plan to the board and ask the board— to consider, or further consider, a stated thing and deal with the thing in the draft plan; and to revise the draft plan in the light of its consideration or further consideration.\n(sec.46-ssec.2) The board must comply with the request as a matter of urgency.\n(sec.46-ssec.3) If the draft plan has not been agreed to by the responsible Ministers by 1 month before the start of the financial year, the responsible Ministers may, by written notice, direct the board— to take stated steps in relation to the draft plan; or to make stated modifications of the draft plan.\n(sec.46-ssec.4) The board must immediately comply with the direction and include a copy of the direction in the plan.\n- (a) to consider, or further consider, a stated thing and deal with the thing in the draft plan; and\n- (b) to revise the draft plan in the light of its consideration or further consideration.\n- (a) to take stated steps in relation to the draft plan; or\n- (b) to make stated modifications of the draft plan.","sortOrder":52},{"sectionNumber":"sec.47","sectionType":"section","heading":"Strategic or operational plan pending agreement","content":"### sec.47 Strategic or operational plan pending agreement\n\nThis section applies if the responsible Ministers and the board have not agreed to the draft strategic or operational plan before the start of the relevant financial year.\nThe draft plan submitted, or last submitted, by the board to the responsible Ministers before the start of the financial year, with any modifications made by the board, whether before or after that time, at the direction of the responsible Ministers, is taken to be the Authority’s strategic or operational plan.\nSubsection (2) applies until a draft strategic or operational plan becomes the Authority’s strategic or operational plan under section 48 .\ns 47 amd 2012 No. 39 s 102 sch pt 2\n(sec.47-ssec.1) This section applies if the responsible Ministers and the board have not agreed to the draft strategic or operational plan before the start of the relevant financial year.\n(sec.47-ssec.2) The draft plan submitted, or last submitted, by the board to the responsible Ministers before the start of the financial year, with any modifications made by the board, whether before or after that time, at the direction of the responsible Ministers, is taken to be the Authority’s strategic or operational plan.\n(sec.47-ssec.3) Subsection (2) applies until a draft strategic or operational plan becomes the Authority’s strategic or operational plan under section 48 .","sortOrder":53},{"sectionNumber":"sec.48","sectionType":"section","heading":"Strategic or operational plan on agreement","content":"### sec.48 Strategic or operational plan on agreement\n\nWhen the draft strategic or operational plan has been agreed to in writing by the responsible Ministers, it becomes the Authority’s strategic or operational plan for the relevant financial year.\ns 48 amd 2012 No. 39 s 102 sch pt 2","sortOrder":54},{"sectionNumber":"sec.49","sectionType":"section","heading":"Compliance with strategic and operational plans","content":"### sec.49 Compliance with strategic and operational plans\n\nThe Authority must comply with its strategic and operational plans for a financial year.\ns 49 amd 2012 No. 39 s 102 sch pt 2","sortOrder":55},{"sectionNumber":"sec.50","sectionType":"section","heading":"Modifications of strategic or operational plan","content":"### sec.50 Modifications of strategic or operational plan\n\nThe board may modify the Authority’s strategic or operational plan only with the written agreement of the responsible Ministers.\nThe responsible Ministers may, by written notice, direct the board to modify the Authority’s strategic or operational plan.\ns 50 amd 2012 No. 39 s 102 sch pt 2\n(sec.50-ssec.1) The board may modify the Authority’s strategic or operational plan only with the written agreement of the responsible Ministers.\n(sec.50-ssec.2) The responsible Ministers may, by written notice, direct the board to modify the Authority’s strategic or operational plan.","sortOrder":56},{"sectionNumber":"sec.50A","sectionType":"section","heading":"Strategic and operational plans must not be inconsistent with statement of obligations","content":"### sec.50A Strategic and operational plans must not be inconsistent with statement of obligations\n\nThis section applies if the Authority has a statement of obligations when the strategic or operational plan for a financial year is agreed to in writing by the responsible Ministers.\nThe strategic or operational plan must not be inconsistent with the statement of obligations.\ns 50A ins 2012 No. 39 s 43\n(sec.50A-ssec.1) This section applies if the Authority has a statement of obligations when the strategic or operational plan for a financial year is agreed to in writing by the responsible Ministers.\n(sec.50A-ssec.2) The strategic or operational plan must not be inconsistent with the statement of obligations.","sortOrder":57},{"sectionNumber":"sec.51","sectionType":"section","heading":"Content of operational plan","content":"### sec.51 Content of operational plan\n\nThe Authority’s operational plan for a financial year must include—\nthe Authority’s objectives; and\nthe Authority’s capital structure; and\nan outline of the following matters—\nthe nature and scope of the activities proposed to be undertaken by the Authority during the financial year;\nthe Authority’s main undertakings for the financial year;\nan outline of the borrowings made or proposed to be made by the Authority;\nan outline of the Authority’s policies for minimising or managing any risk of investments and borrowings that may adversely affect its financial stability;\nif the Authority has a statement of obligations when the operational plan is agreed to in writing by the responsible Ministers—the activities proposed to be undertaken by the Authority in accordance with the statement of obligations; and\nan outline of the following matters—\nthe major infrastructure investments proposed to be undertaken by the Authority during the financial year;\nan outline of the Authority’s policies relating to the recreational use of the Authority’s premises and other infrastructure; and\nthe matters required under section 57 .\ns 51 amd 2012 No. 39 ss 44 , 102 sch pt 2\n- (a) the Authority’s objectives; and\n- (b) the Authority’s capital structure; and\n- (c) an outline of the following matters— (i) the nature and scope of the activities proposed to be undertaken by the Authority during the financial year; (ii) the Authority’s main undertakings for the financial year; (iii) an outline of the borrowings made or proposed to be made by the Authority; (iv) an outline of the Authority’s policies for minimising or managing any risk of investments and borrowings that may adversely affect its financial stability; (v) if the Authority has a statement of obligations when the operational plan is agreed to in writing by the responsible Ministers—the activities proposed to be undertaken by the Authority in accordance with the statement of obligations; and\n- (i) the nature and scope of the activities proposed to be undertaken by the Authority during the financial year;\n- (ii) the Authority’s main undertakings for the financial year;\n- (iii) an outline of the borrowings made or proposed to be made by the Authority;\n- (iv) an outline of the Authority’s policies for minimising or managing any risk of investments and borrowings that may adversely affect its financial stability;\n- (v) if the Authority has a statement of obligations when the operational plan is agreed to in writing by the responsible Ministers—the activities proposed to be undertaken by the Authority in accordance with the statement of obligations; and\n- (d) an outline of the following matters— (i) the major infrastructure investments proposed to be undertaken by the Authority during the financial year; (ii) an outline of the Authority’s policies relating to the recreational use of the Authority’s premises and other infrastructure; and\n- (i) the major infrastructure investments proposed to be undertaken by the Authority during the financial year;\n- (ii) an outline of the Authority’s policies relating to the recreational use of the Authority’s premises and other infrastructure; and\n- (e) the matters required under section 57 .\n- (i) the nature and scope of the activities proposed to be undertaken by the Authority during the financial year;\n- (ii) the Authority’s main undertakings for the financial year;\n- (iii) an outline of the borrowings made or proposed to be made by the Authority;\n- (iv) an outline of the Authority’s policies for minimising or managing any risk of investments and borrowings that may adversely affect its financial stability;\n- (v) if the Authority has a statement of obligations when the operational plan is agreed to in writing by the responsible Ministers—the activities proposed to be undertaken by the Authority in accordance with the statement of obligations; and\n- (i) the major infrastructure investments proposed to be undertaken by the Authority during the financial year;\n- (ii) an outline of the Authority’s policies relating to the recreational use of the Authority’s premises and other infrastructure; and","sortOrder":58},{"sectionNumber":"ch.2-pt.4-div.5","sectionType":"division","heading":"Statement of obligations","content":"## Statement of obligations","sortOrder":59},{"sectionNumber":"sec.51A","sectionType":"section","heading":"Issue of statement of obligations","content":"### sec.51A Issue of statement of obligations\n\nThe responsible Ministers may issue a statement of obligations to the Authority from time to time.\nA statement of obligations issued to the Authority has effect until it expires under section 51D or it is revoked by the responsible Ministers, whichever happens first.\nTo the extent the Authority’s statement of obligations is inconsistent with another instrument made under this or another Act, the other instrument prevails.\ns 51A ins 2012 No. 39 s 45\n(sec.51A-ssec.1) The responsible Ministers may issue a statement of obligations to the Authority from time to time.\n(sec.51A-ssec.2) A statement of obligations issued to the Authority has effect until it expires under section 51D or it is revoked by the responsible Ministers, whichever happens first.\n(sec.51A-ssec.3) To the extent the Authority’s statement of obligations is inconsistent with another instrument made under this or another Act, the other instrument prevails.","sortOrder":60},{"sectionNumber":"sec.51B","sectionType":"section","heading":"Consultation with the board before issuing statement of obligations","content":"### sec.51B Consultation with the board before issuing statement of obligations\n\nBefore issuing a statement of obligations to the Authority, the responsible Ministers must—\ngive the board a copy of the proposed statement of obligations and ask the board for its comments; and\nconsider any comments given to them by the board under subsection (2) .\nThe board may give the responsible Ministers comments on the proposed statement of obligations within 30 days after it is given to the board.\ns 51B ins 2012 No. 39 s 45\n(sec.51B-ssec.1) Before issuing a statement of obligations to the Authority, the responsible Ministers must— give the board a copy of the proposed statement of obligations and ask the board for its comments; and consider any comments given to them by the board under subsection (2) .\n(sec.51B-ssec.2) The board may give the responsible Ministers comments on the proposed statement of obligations within 30 days after it is given to the board.\n- (a) give the board a copy of the proposed statement of obligations and ask the board for its comments; and\n- (b) consider any comments given to them by the board under subsection (2) .","sortOrder":61},{"sectionNumber":"sec.51C","sectionType":"section","heading":"Content of statement of obligations","content":"### sec.51C Content of statement of obligations\n\nA statement of obligations may contain provisions about the strategic or operational activities of the Authority in the performance of its functions.\nWithout limiting subsection (1) , a statement of obligations may include provisions about—\ngovernance; or\nquality and performance standards; or\ncustomer and community consultation; or\ntotal water cycle management.\ns 51C ins 2012 No. 39 s 45\n(sec.51C-ssec.1) A statement of obligations may contain provisions about the strategic or operational activities of the Authority in the performance of its functions.\n(sec.51C-ssec.2) Without limiting subsection (1) , a statement of obligations may include provisions about— governance; or quality and performance standards; or customer and community consultation; or total water cycle management.\n- (a) governance; or\n- (b) quality and performance standards; or\n- (c) customer and community consultation; or\n- (d) total water cycle management.","sortOrder":62},{"sectionNumber":"sec.51D","sectionType":"section","heading":"Expiry of statement of obligations","content":"### sec.51D Expiry of statement of obligations\n\nA statement of obligations expires 3 years after the day the statement is issued to the Authority, unless it is revoked earlier by the responsible Ministers.\ns 51D ins 2012 No. 39 s 45","sortOrder":63},{"sectionNumber":"sec.52","sectionType":"section","heading":null,"content":"### Section sec.52\n\ns 52 om 2012 No. 39 s 102 sch pt 2","sortOrder":64},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Annual returns","content":"# Annual returns","sortOrder":65},{"sectionNumber":"sec.53","sectionType":"section","heading":"Requirement to pay annual return","content":"### sec.53 Requirement to pay annual return\n\nThe Authority must pay to the State, for each financial year, an annual return of the amount decided under this part.\nThe return must be paid within 6 months after the end of the financial year for which it is payable or a longer period allowed by the responsible Ministers.\ns 53 amd 2012 No. 39 s 102 sch pt 2\n(sec.53-ssec.1) The Authority must pay to the State, for each financial year, an annual return of the amount decided under this part.\n(sec.53-ssec.2) The return must be paid within 6 months after the end of the financial year for which it is payable or a longer period allowed by the responsible Ministers.","sortOrder":66},{"sectionNumber":"sec.54","sectionType":"section","heading":"Amount of annual return","content":"### sec.54 Amount of annual return\n\nDuring the period from 1 to 15 May in each financial year the Authority must give to the responsible Ministers—\nan estimate of its net profit for the financial year; and\na recommendation about the amount of the annual return to be paid for the financial year.\nBefore the end of the financial year, the responsible Ministers must either approve the recommendation or give the Authority a direction to pay an annual return of a different stated amount.\nThe amount of the annual return must not be more than the amount of the estimated net profit given to the responsible Ministers under subsection (1) (a) .\nIn this section—\nnet profit , of the Authority for a financial year, means its total profit for the financial year after—\nproviding for income tax or its equivalent; and\nexcluding any unrealised capital gains from upwards revaluation of non-current assets.\nprofit has the meaning given by the accounting standards that apply to the Authority under the Financial Accountability Act 2009 .\ns 54 amd 2009 No. 9 s 136 sch 1 ; 2012 No. 39 s 102 sch pt 2\n(sec.54-ssec.1) During the period from 1 to 15 May in each financial year the Authority must give to the responsible Ministers— an estimate of its net profit for the financial year; and a recommendation about the amount of the annual return to be paid for the financial year.\n(sec.54-ssec.2) Before the end of the financial year, the responsible Ministers must either approve the recommendation or give the Authority a direction to pay an annual return of a different stated amount.\n(sec.54-ssec.3) The amount of the annual return must not be more than the amount of the estimated net profit given to the responsible Ministers under subsection (1) (a) .\n(sec.54-ssec.4) In this section— net profit , of the Authority for a financial year, means its total profit for the financial year after— providing for income tax or its equivalent; and excluding any unrealised capital gains from upwards revaluation of non-current assets. profit has the meaning given by the accounting standards that apply to the Authority under the Financial Accountability Act 2009 .\n- (a) an estimate of its net profit for the financial year; and\n- (b) a recommendation about the amount of the annual return to be paid for the financial year.\n- (a) providing for income tax or its equivalent; and\n- (b) excluding any unrealised capital gains from upwards revaluation of non-current assets.","sortOrder":67},{"sectionNumber":"sec.55","sectionType":"section","heading":null,"content":"### Section sec.55\n\ns 55 om 2012 No. 39 s 102 sch pt 2","sortOrder":68},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Community service obligations","content":"# Community service obligations","sortOrder":69},{"sectionNumber":"sec.56","sectionType":"section","heading":"Meaning of community service obligations","content":"### sec.56 Meaning of community service obligations\n\nThe community service obligations of the Authority are the obligations to perform activities that—\nthe board establishes to the satisfaction of the responsible Ministers—\nare not in the Authority’s commercial interests to perform; and\neither—\narise because of a request or direction under section 46 or a direction under section 50 , 58 or 61 ; or\nthe Authority is required to perform under another Act; or\nare stated in the operational plan as community service obligations of the Authority.\ns 56 amd 2012 No. 39 s 102 sch pt 2\nsub 2019 No. 17 s 323\n- (a) the board establishes to the satisfaction of the responsible Ministers— (i) are not in the Authority’s commercial interests to perform; and (ii) either— (A) arise because of a request or direction under section 46 or a direction under section 50 , 58 or 61 ; or (B) the Authority is required to perform under another Act; or\n- (i) are not in the Authority’s commercial interests to perform; and\n- (ii) either— (A) arise because of a request or direction under section 46 or a direction under section 50 , 58 or 61 ; or (B) the Authority is required to perform under another Act; or\n- (A) arise because of a request or direction under section 46 or a direction under section 50 , 58 or 61 ; or\n- (B) the Authority is required to perform under another Act; or\n- (b) are stated in the operational plan as community service obligations of the Authority.\n- (i) are not in the Authority’s commercial interests to perform; and\n- (ii) either— (A) arise because of a request or direction under section 46 or a direction under section 50 , 58 or 61 ; or (B) the Authority is required to perform under another Act; or\n- (A) arise because of a request or direction under section 46 or a direction under section 50 , 58 or 61 ; or\n- (B) the Authority is required to perform under another Act; or\n- (A) arise because of a request or direction under section 46 or a direction under section 50 , 58 or 61 ; or\n- (B) the Authority is required to perform under another Act; or","sortOrder":70},{"sectionNumber":"sec.57","sectionType":"section","heading":"Community service obligations to be stated in operational plan","content":"### sec.57 Community service obligations to be stated in operational plan\n\nThe community service obligations that the Authority is to perform are to be stated in its operational plan.\nThe costings of, funding for, or other arrangements to make adjustments relating to, the Authority’s community service obligations are also to be stated in its operational plan.\nThe Authority’s operational plan is conclusive, as between the government and the Authority, of—\nthe nature and extent of the Authority’s community service obligations; and\nthe ways in which, and the extent to which, the Authority is to be compensated by the government for performing its community service obligations.\ns 57 amd 2012 No. 39 s 102 sch pt 2\n(sec.57-ssec.1) The community service obligations that the Authority is to perform are to be stated in its operational plan.\n(sec.57-ssec.2) The costings of, funding for, or other arrangements to make adjustments relating to, the Authority’s community service obligations are also to be stated in its operational plan.\n(sec.57-ssec.3) The Authority’s operational plan is conclusive, as between the government and the Authority, of— the nature and extent of the Authority’s community service obligations; and the ways in which, and the extent to which, the Authority is to be compensated by the government for performing its community service obligations.\n- (a) the nature and extent of the Authority’s community service obligations; and\n- (b) the ways in which, and the extent to which, the Authority is to be compensated by the government for performing its community service obligations.","sortOrder":71},{"sectionNumber":"ch.2-pt.7","sectionType":"part","heading":"Acquisition and disposal of assets and subsidiaries","content":"# Acquisition and disposal of assets and subsidiaries","sortOrder":72},{"sectionNumber":"sec.58","sectionType":"section","heading":"Direction not to dispose of stated asset","content":"### sec.58 Direction not to dispose of stated asset\n\nThe responsible Ministers may, after consultation with the board, give the board a written direction requiring the Authority or a subsidiary of the Authority not to dispose of a stated asset.\nThe board must ensure the direction is complied with in relation to the Authority and must, as far as practicable, ensure it is complied with in relation to any relevant subsidiary.\nThe responsible Ministers must publish a copy of the direction in the gazette within 21 days after it is given.\ns 58 amd 2012 No. 39 s 102 sch pt 2\n(sec.58-ssec.1) The responsible Ministers may, after consultation with the board, give the board a written direction requiring the Authority or a subsidiary of the Authority not to dispose of a stated asset.\n(sec.58-ssec.2) The board must ensure the direction is complied with in relation to the Authority and must, as far as practicable, ensure it is complied with in relation to any relevant subsidiary.\n(sec.58-ssec.3) The responsible Ministers must publish a copy of the direction in the gazette within 21 days after it is given.","sortOrder":73},{"sectionNumber":"sec.59","sectionType":"section","heading":"Disposal of main undertakings","content":"### sec.59 Disposal of main undertakings\n\nThe Authority may dispose of any of its main undertakings only with the prior written approval of the responsible Ministers.\nIn this section—\nmain undertakings , of the Authority, means the undertakings stated to be its main undertakings in its strategic or operational plan.\ns 59 amd 2012 No. 39 s 102 sch pt 2\n(sec.59-ssec.1) The Authority may dispose of any of its main undertakings only with the prior written approval of the responsible Ministers.\n(sec.59-ssec.2) In this section— main undertakings , of the Authority, means the undertakings stated to be its main undertakings in its strategic or operational plan.","sortOrder":74},{"sectionNumber":"sec.60","sectionType":"section","heading":"Acquiring and disposing of subsidiaries","content":"### sec.60 Acquiring and disposing of subsidiaries\n\nThe Authority may not, without the prior written approval of the responsible Ministers—\nform, or participate in the formation of, a company that will become a subsidiary of the Authority; or\nacquire shares or participate in any other transaction that will result in a body corporate becoming or ceasing to be a subsidiary of the Authority.\ns 60 amd 2012 No. 39 s 102 sch pt 2\n- (a) form, or participate in the formation of, a company that will become a subsidiary of the Authority; or\n- (b) acquire shares or participate in any other transaction that will result in a body corporate becoming or ceasing to be a subsidiary of the Authority.","sortOrder":75},{"sectionNumber":"ch.2-pt.8","sectionType":"part","heading":"Other government direction","content":"# Other government direction","sortOrder":76},{"sectionNumber":"sec.61","sectionType":"section","heading":"Responsible Ministers may give directions in public interest","content":"### sec.61 Responsible Ministers may give directions in public interest\n\nThe responsible Ministers may give the board a written direction in relation to the Authority and its subsidiaries if the responsible Ministers are satisfied that, because of exceptional circumstances, it is necessary to give the direction in the public interest.\nThe board must ensure the direction is complied with in relation to the Authority and must, as far as practicable, ensure it is complied with in relation to its subsidiaries.\nBefore giving the direction, the responsible Ministers must—\nconsult with the board; and\nask the board to advise them whether, in its opinion, complying with the direction would not be in the commercial interests of the Authority or any of its subsidiaries.\nThe responsible Ministers must publish a copy of the direction in the gazette within 21 days after it is given.\ns 61 amd 2012 No. 39 s 102 sch pt 2\n(sec.61-ssec.1) The responsible Ministers may give the board a written direction in relation to the Authority and its subsidiaries if the responsible Ministers are satisfied that, because of exceptional circumstances, it is necessary to give the direction in the public interest.\n(sec.61-ssec.2) The board must ensure the direction is complied with in relation to the Authority and must, as far as practicable, ensure it is complied with in relation to its subsidiaries.\n(sec.61-ssec.3) Before giving the direction, the responsible Ministers must— consult with the board; and ask the board to advise them whether, in its opinion, complying with the direction would not be in the commercial interests of the Authority or any of its subsidiaries.\n(sec.61-ssec.4) The responsible Ministers must publish a copy of the direction in the gazette within 21 days after it is given.\n- (a) consult with the board; and\n- (b) ask the board to advise them whether, in its opinion, complying with the direction would not be in the commercial interests of the Authority or any of its subsidiaries.","sortOrder":77},{"sectionNumber":"sec.62","sectionType":"section","heading":"Liability for Commonwealth tax equivalents","content":"### sec.62 Liability for Commonwealth tax equivalents\n\nThe responsible Ministers may issue a manual (the tax equivalents manual ) about deciding the tax equivalents to be paid by the Authority.\nWithout limiting subsection (1) , the tax equivalents manual may provide for—\nrulings by the tax assessor appointed under subsection (3) on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax; and\nthe lodging of returns by the Authority; and\nassessing returns; and\nthe functions and powers of the tax assessor appointed under subsection (3) ; and\nobjections and appeals against assessments and rulings.\nThe responsible Ministers may appoint a person to be the tax assessor under the tax equivalents manual.\nThe Authority must, as required under the tax equivalents manual, pay tax equivalents to the responsible Ministers for payment into the consolidated fund.\nThe responsible Ministers must table a copy of the tax equivalents manual, and each amendment of the manual, in the Legislative Assembly within 14 sitting days after the manual is issued or the amendment made.\nIn this section—\nCommonwealth tax means tax imposed under a Commonwealth Act.\ntax equivalents means amounts paid by the Authority to the responsible Ministers, for payment into the consolidated fund, as the value of benefits derived by the Authority because it is not liable to pay Commonwealth tax that would be payable by it if it were not a government entity.\ns 62 amd 2012 No. 39 s 102 sch pt 2\n(sec.62-ssec.1) The responsible Ministers may issue a manual (the tax equivalents manual ) about deciding the tax equivalents to be paid by the Authority.\n(sec.62-ssec.2) Without limiting subsection (1) , the tax equivalents manual may provide for— rulings by the tax assessor appointed under subsection (3) on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax; and the lodging of returns by the Authority; and assessing returns; and the functions and powers of the tax assessor appointed under subsection (3) ; and objections and appeals against assessments and rulings.\n(sec.62-ssec.3) The responsible Ministers may appoint a person to be the tax assessor under the tax equivalents manual.\n(sec.62-ssec.4) The Authority must, as required under the tax equivalents manual, pay tax equivalents to the responsible Ministers for payment into the consolidated fund.\n(sec.62-ssec.5) The responsible Ministers must table a copy of the tax equivalents manual, and each amendment of the manual, in the Legislative Assembly within 14 sitting days after the manual is issued or the amendment made.\n(sec.62-ssec.6) In this section— Commonwealth tax means tax imposed under a Commonwealth Act. tax equivalents means amounts paid by the Authority to the responsible Ministers, for payment into the consolidated fund, as the value of benefits derived by the Authority because it is not liable to pay Commonwealth tax that would be payable by it if it were not a government entity.\n- (a) rulings by the tax assessor appointed under subsection (3) on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax; and\n- (b) the lodging of returns by the Authority; and\n- (c) assessing returns; and\n- (d) the functions and powers of the tax assessor appointed under subsection (3) ; and\n- (e) objections and appeals against assessments and rulings.","sortOrder":78},{"sectionNumber":"sec.63","sectionType":"section","heading":"Authority and board not otherwise subject to government direction","content":"### sec.63 Authority and board not otherwise subject to government direction\n\nExcept as otherwise provided by an Act, the Authority and the board are not subject to direction by or on behalf of the government.\ns 63 amd 2012 No. 39 s 102 sch pt 2","sortOrder":79},{"sectionNumber":"ch.2-pt.9","sectionType":"part","heading":"Expiry","content":"# Expiry","sortOrder":80},{"sectionNumber":"sec.64","sectionType":"section","heading":"Expiry of Authority","content":"### sec.64 Expiry of Authority\n\nThe Authority expires at the end of 99 years after it is established.\nThe State is the successor in law of the Authority on its expiry.\nWithout limiting subsection (2) , on the expiry of the Authority—\nan asset or liability of the Authority immediately before the expiry becomes an asset or liability of the State; and\nan employee of the Authority immediately before the expiry becomes an employee of the State; and\nan agreement in force immediately before the expiry between the Authority and another entity becomes an agreement between the State and the other entity; and\na legal proceeding that, before the expiry, may be taken or was being taken by or against the Authority may be taken or continued by or against the State.\nA regulation may make provision about any matter necessary or convenient for giving effect to this section, including provision about—\nthe transfer of an employee of the Authority to a government entity, and the employee’s rights; or\nthe application of instruments relating to the Authority; or\nthe Authority’s records.\nThis section applies subject to section 109 .\nIn this section—\nrecord includes any document.\ns 64 amd 2011 No. 8 s 95 ; 2012 No. 39 s 102 sch pt 2\n(sec.64-ssec.1) The Authority expires at the end of 99 years after it is established.\n(sec.64-ssec.2) The State is the successor in law of the Authority on its expiry.\n(sec.64-ssec.3) Without limiting subsection (2) , on the expiry of the Authority— an asset or liability of the Authority immediately before the expiry becomes an asset or liability of the State; and an employee of the Authority immediately before the expiry becomes an employee of the State; and an agreement in force immediately before the expiry between the Authority and another entity becomes an agreement between the State and the other entity; and a legal proceeding that, before the expiry, may be taken or was being taken by or against the Authority may be taken or continued by or against the State.\n(sec.64-ssec.4) A regulation may make provision about any matter necessary or convenient for giving effect to this section, including provision about— the transfer of an employee of the Authority to a government entity, and the employee’s rights; or the application of instruments relating to the Authority; or the Authority’s records.\n(sec.64-ssec.5) This section applies subject to section 109 .\n(sec.64-ssec.6) In this section— record includes any document.\n- (a) an asset or liability of the Authority immediately before the expiry becomes an asset or liability of the State; and\n- (b) an employee of the Authority immediately before the expiry becomes an employee of the State; and\n- (c) an agreement in force immediately before the expiry between the Authority and another entity becomes an agreement between the State and the other entity; and\n- (d) a legal proceeding that, before the expiry, may be taken or was being taken by or against the Authority may be taken or continued by or against the State.\n- (a) the transfer of an employee of the Authority to a government entity, and the employee’s rights; or\n- (b) the application of instruments relating to the Authority; or\n- (c) the Authority’s records.","sortOrder":81},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":82},{"sectionNumber":"sec.65","sectionType":"section","heading":null,"content":"### Section sec.65\n\ns 65 amd 2008 No. 75 s 100 ; 2009 No. 17 s 331 sch 1\nom 2012 No. 39 s 28","sortOrder":83},{"sectionNumber":"sec.66","sectionType":"section","heading":null,"content":"### Section sec.66\n\ns 66 om 2012 No. 39 s 28","sortOrder":84},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":85},{"sectionNumber":"sec.67","sectionType":"section","heading":null,"content":"### Section sec.67\n\ns 67 amd 2008 No. 34 s 661\nom 2012 No. 39 s 28","sortOrder":86},{"sectionNumber":"sec.68","sectionType":"section","heading":null,"content":"### Section sec.68\n\ns 68 om 2012 No. 39 s 28","sortOrder":87},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":88},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":null,"content":"","sortOrder":89},{"sectionNumber":"sec.69","sectionType":"section","heading":null,"content":"### Section sec.69\n\ns 69 def Water Supply Act ins 2008 No. 34 s 751 sch 2\nom 2012 No. 39 s 28","sortOrder":90},{"sectionNumber":"sec.70","sectionType":"section","heading":null,"content":"### Section sec.70\n\ns 70 om 2012 No. 39 s 28","sortOrder":91},{"sectionNumber":"sec.70A","sectionType":"section","heading":null,"content":"### Section sec.70A\n\ns 70A ins 2008 No. 34 s 751 sch 2\nom 2012 No. 39 s 28","sortOrder":92},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":null,"content":"","sortOrder":93},{"sectionNumber":"sec.71","sectionType":"section","heading":null,"content":"### Section sec.71\n\ns 71 om 2012 No. 39 s 28","sortOrder":94},{"sectionNumber":"sec.72","sectionType":"section","heading":null,"content":"### Section sec.72\n\ns 72 om 2012 No. 39 s 28","sortOrder":95},{"sectionNumber":"sec.73","sectionType":"section","heading":null,"content":"### Section sec.73\n\ns 73 amd 2008 No. 34 s 751 sch 2\nom 2012 No. 39 s 28","sortOrder":96},{"sectionNumber":"sec.74","sectionType":"section","heading":null,"content":"### Section sec.74\n\ns 74 amd 2008 No. 34 s 751 sch 2\nom 2012 No. 39 s 28","sortOrder":97},{"sectionNumber":"sec.75","sectionType":"section","heading":null,"content":"### Section sec.75\n\ns 75 om 2012 No. 39 s 28","sortOrder":98},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":99},{"sectionNumber":"sec.76","sectionType":"section","heading":null,"content":"### Section sec.76\n\ns 76 amd 2011 No. 33 s 18\nom 2012 No. 39 s 28","sortOrder":100},{"sectionNumber":"sec.77","sectionType":"section","heading":null,"content":"### Section sec.77\n\ns 77 amd 2008 No. 34 s 751 sch 2\nom 2012 No. 39 s 28","sortOrder":101},{"sectionNumber":"sec.78","sectionType":"section","heading":null,"content":"### Section sec.78\n\ns 78 amd 2008 No. 34 s 751 sch 2\nom 2012 No. 39 s 28","sortOrder":102},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":103},{"sectionNumber":"sec.79","sectionType":"section","heading":null,"content":"### Section sec.79\n\ns 79 om 2012 No. 39 s 28","sortOrder":104},{"sectionNumber":"sec.79A","sectionType":"section","heading":null,"content":"### Section sec.79A\n\ns 79A ins 2008 No. 34 s 662\nom 2012 No. 39 s 28","sortOrder":105},{"sectionNumber":"sec.80","sectionType":"section","heading":null,"content":"### Section sec.80\n\ns 80 amd 2008 No. 34 s 663 ; 2009 No. 36 s 872 sch 2\nom 2012 No. 39 s 28","sortOrder":106},{"sectionNumber":"sec.80A","sectionType":"section","heading":null,"content":"### Section sec.80A\n\ns 80A ins 2008 No. 34 s 664\namd 2009 No. 36 s 872 sch 2\nom 2012 No. 39 s 28","sortOrder":107},{"sectionNumber":"sec.80B","sectionType":"section","heading":null,"content":"### Section sec.80B\n\ns 80B ins 2008 No. 34 s 664\nom 2012 No. 39 s 28","sortOrder":108},{"sectionNumber":"sec.80C","sectionType":"section","heading":null,"content":"### Section sec.80C\n\ns 80C ins 2008 No. 34 s 664\nom 2012 No. 39 s 28","sortOrder":109},{"sectionNumber":"sec.81","sectionType":"section","heading":null,"content":"### Section sec.81\n\ns 81 om 2012 No. 39 s 28","sortOrder":110},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":111},{"sectionNumber":"sec.82","sectionType":"section","heading":null,"content":"### Section sec.82\n\ns 82 om 2012 No. 39 s 28","sortOrder":112},{"sectionNumber":"sec.83","sectionType":"section","heading":null,"content":"### Section sec.83\n\ns 83 om 2012 No. 39 s 28","sortOrder":113},{"sectionNumber":"sec.84","sectionType":"section","heading":null,"content":"### Section sec.84\n\ns 84 om 2012 No. 39 s 28","sortOrder":114},{"sectionNumber":"sec.85","sectionType":"section","heading":null,"content":"### Section sec.85\n\ns 85 om 2012 No. 39 s 28","sortOrder":115},{"sectionNumber":"sec.86","sectionType":"section","heading":null,"content":"### Section sec.86\n\ns 86 om 2012 No. 39 s 28","sortOrder":116},{"sectionNumber":"sec.87","sectionType":"section","heading":null,"content":"### Section sec.87\n\ns 87 om 2012 No. 39 s 28","sortOrder":117},{"sectionNumber":"sec.88","sectionType":"section","heading":null,"content":"### Section sec.88\n\ns 88 om 2012 No. 39 s 28","sortOrder":118},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 amd 2011 No. 4 s 69 sch pt 1\nom 2012 No. 39 s 28","sortOrder":119},{"sectionNumber":"sec.91","sectionType":"section","heading":null,"content":"### Section sec.91\n\ns 91 om 2012 No. 39 s 28","sortOrder":120},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":121},{"sectionNumber":"sec.92","sectionType":"section","heading":null,"content":"### Section sec.92\n\ns 92 om 2012 No. 39 s 28","sortOrder":122},{"sectionNumber":"sec.95","sectionType":"section","heading":null,"content":"### Section sec.95\n\ns 95 om 2012 No. 39 s 28","sortOrder":123},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":124},{"sectionNumber":"sec.97","sectionType":"section","heading":null,"content":"### Section sec.97\n\ns 97 om 2012 No. 39 s 28","sortOrder":125},{"sectionNumber":"sec.98","sectionType":"section","heading":null,"content":"### Section sec.98\n\ns 98 om 2012 No. 39 s 28","sortOrder":126},{"sectionNumber":"sec.99","sectionType":"section","heading":null,"content":"### Section sec.99\n\ns 99 om 2012 No. 39 s 28","sortOrder":127},{"sectionNumber":"sec.100","sectionType":"section","heading":null,"content":"### Section sec.100\n\ns 100 om 2012 No. 39 s 28","sortOrder":128},{"sectionNumber":"sec.101","sectionType":"section","heading":null,"content":"### Section sec.101\n\ns 101 amd 2009 No. 9 s 136 sch 1\nom 2012 No. 39 s 28","sortOrder":129},{"sectionNumber":"sec.102","sectionType":"section","heading":null,"content":"### Section sec.102\n\ns 102 om 2012 No. 39 s 28","sortOrder":130},{"sectionNumber":"sec.103","sectionType":"section","heading":null,"content":"### Section sec.103\n\ns 103 om 2012 No. 39 s 28","sortOrder":131}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The provided text is the current statutory framework for the Authority and does not include an earlier statement of original intent or a redlined history. On the basis of the material supplied, there is no information allowing identification of a change of scope from an original intent; the text sets out the Authority’s powers, duties, reporting, Ministerial controls and financial arrangements as its operative scope (see e.g. secs 6–7, 9, 11, 45–51A, 53–57, 58–62)."},"complexity_factors":["Mixed commercial and public‑interest mandates requiring reconciliation between commercial operation and community service obligations (secs 11, 56–57)","Extensive Ministerial powers to approve, direct or modify strategic/operational plans and to issue statements of obligations (secs 45–46, 50, 51A–51D)","Financial mechanics that affect incentives: annual returns to State and tax‑equivalents regime (secs 53–54, 62)","Multiple approval requirements for major corporate actions (asset disposals, main undertakings, forming/acquiring subsidiaries) concentrated with Ministers (secs 58–60)","Reporting and transparency obligations (quarterly reports, departmental reporting, annual report modifications) that create ongoing administrative burden (secs 36–38, 41–43)","Delegation and subdelegation of functions to CEO and employees combined with board oversight (secs 13, 27–31, 33)","Conflict-of-interest and meeting/quorum rules that affect decision validity in small boards (secs 22–26)","Interplay with other statutes (Financial Accountability Act, Statutory Bodies Financial Arrangements Act, Crime and Corruption Act) adding cross‑statutory compliance layers (secs 34–35)","Long but finite statutory life and prescribed succession on expiry with regulatory transitional powers (sec 64)"],"plain_english_summary":"What this law does, in plain terms\n\n- Keeps the Queensland Bulk Water Supply Authority (the Authority) in place as a statutory entity that is not a corporation and does not have perpetual succession (sec 6).\n\n- Sets out what the Authority can do. It has the legal powers of an individual to enter contracts, hold and dispose of property, employ staff, appoint agents, engage consultants, set charges for services, sue and be sued, and generally do what is necessary to perform its functions (sec 7). Documents are valid if signed by the CEO, the board chair, or another person authorised by the board; certain documents must be sealed as authorised by the board (sec 8).\n\n- Lists the Authority’s main functions. These are primarily water-related activities and services—supplying water and related services, operating and maintaining infrastructure, engineering and business management services, energy generation, scientific work, developing water supply works, improving water quality and delivery, environmental measures such as erosion control and vegetation management, land use for community benefit, and collaborative planning with the State and service providers (sec 9).\n\n- Requires the Authority to operate as a commercial enterprise unless it is performing a community service obligation (CSO) that must be done otherwise under the Act (sec 11). The Authority may act inside or outside Queensland (sec 12). It can delegate powers to the chief executive officer (CEO) or suitably qualified employees and those delegates can subdelegate (sec 13).\n\nWho runs it and how decisions are made\n\n- The Authority must have a board that is responsible for strategy, operational, administrative and financial policy and for ensuring the Authority performs properly and reports to the responsible Ministers (secs 14–15).\n\n- Board members are appointed by the responsible Ministers; certain people (public service employees, local government councillors/employees, insolvents under administration, people with certain criminal convictions) may not be appointed (sec 16). The Minister(s) appoint one member as chair (sec 17) and may appoint a deputy chair (sec 18). Appointments are for up to 3 years and the Ministers may end an appointment at any time (sec 19).\n\n- The board runs its own meetings subject to statutory rules (frequency, quorum, voting, conflict-of-interest disclosure) and must keep minutes (secs 20–26).\n\nSenior staff and delegation\n\n- The board appoints a CEO (with prior written approval from the responsible Ministers); the CEO is an Authority employee and holds office for up to 5 years unless the board ends the appointment or the CEO resigns. The CEO manages the Authority under the board and the Act (secs 27–31). Senior executives are appointed by the board (sec 33). Acts done by the CEO in the Authority’s name are taken to be acts of the Authority (sec 32).\n\nReporting, oversight and legal frameworks\n\n- The Authority is a statutory body for the purposes of the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 (sec 34). It is a unit of public administration under the Crime and Corruption Act 2001 (sec 35).\n\n- The board must give quarterly operational reports to the responsible Ministers (sec 36), keep Ministers reasonably informed about operations and financial performance and immediately report matters likely to affect plan objectives or performance (sec 37). Ministers may require reporting to their departments for monitoring purposes and the Authority must comply (sec 38).\n\n- Annual reporting rules allow the Ministers to delete material from public copies of the annual report on commercially sensitive grounds and allow summaries in the public report if full statements are also laid before the Legislative Assembly (secs 41–42). Annual reports must include directions given by Ministers during the year (sec 43).\n\nStrategic and operational planning and Ministerial oversight\n\n- Each year the board must prepare draft strategic and operational plans and submit them to the responsible Ministers for agreement. Ministers can ask for revisions or direct modifications if agreement is not reached in the required time; a draft may be treated as the plan pending agreement (secs 44–50).\n\n- Ministers may issue a statement of obligations setting out strategic or operational requirements (governance, quality/performance standards, customer consultation, total water cycle management). Statements last up to 3 years unless revoked earlier (secs 51A–51D, 51C). Plans must not be inconsistent with an extant statement of obligations (sec 50A). The operational plan must contain objectives, capital structure, proposed activities, borrowings, risk policies, major infrastructure investments and CSO matters (sec 51).\n\nCommunity service obligations (CSOs)\n\n- CSOs are activities that are not in the Authority’s commercial interest but which the board determines (to Ministers’ satisfaction) are required because of Ministerial directions, other Acts, or because they are specified in the operational plan. CSOs, their costings and funding arrangements must be stated in the operational plan; the operational plan is conclusive between government and the Authority on the nature, extent and compensation for CSOs (secs 56–57).\n\nFinancial transfers and tax-equivalent arrangements\n\n- The Authority must pay an annual return to the State each financial year. The Authority gives an estimate of net profit and a recommended return to Ministers in May; Ministers approve the recommendation or direct a different amount. The annual return cannot exceed the Authority’s estimated net profit (secs 53–54).\n\n- Ministers may issue a tax-equivalents manual and appoint a tax assessor. The manual can deal with rulings, returns, assessments, objections and appeals. The Authority must pay tax equivalents as required by the manual into the consolidated fund; the manual and amendments must be tabled in the Legislative Assembly (sec 62).\n\nRestrictions on major asset and corporate changes\n\n- Ministers can direct the board not to dispose of a stated asset (after consultation) and such directions must be published in the gazette (sec 58). The Authority may dispose of main undertakings only with Ministers’ prior written approval (sec 59). Forming subsidiaries or acquiring transactions that would create or remove subsidiaries requires Ministers’ prior written approval (sec 60).\n\nOther Ministerial directions in exceptional circumstances\n\n- If Ministers are satisfied exceptional circumstances make it necessary in the public interest, they may give written directions to the board regarding the Authority or its subsidiaries. Before doing so they must consult the board and ask whether complying would not be in the Authority’s commercial interests; such directions must be published in the gazette (sec 61).\n\nLimits on general government direction and expiry\n\n- Except where this Act or another Act provides otherwise, the Authority and the board are not subject to government direction (sec 63).\n\n- The Authority expires 99 years after establishment. On expiry, the State is successor in law and assets, liabilities, employees, agreements and legal proceedings convert to the State; regulations can make further transitional provision (sec 64).\n\nOfficial purpose-claims and how they interact with costs, incentives and implementation mechanics\n\n- Official framing in the Act positions the Authority to run commercially and to supply and manage bulk water and related services (secs 9, 11). The legal mechanics that implement that framing include power to set charges (sec 7(f)), a commercial-enterprise duty (sec 11), and annual return and tax-equivalent requirements (secs 53–54, 62). Those mechanics create a direct financial incentive for the Authority to generate profitable operations and to manage costs and borrowings (secs 51, 54).\n\n- The Act also provides channels for Ministers to impose non-commercial demands (CSOs, directions, statements of obligations) and to require the Authority to report and alter plans (secs 46, 50, 51A, 56–57). Where a CSO is required, the operational plan must state costings and compensation (sec 57), so the financial consequence of non-commercial tasks is placed into the planning and budget process rather than left open-ended.\n\n- Who pays: the Authority is required to pay an annual return to the State (sec 53) and tax-equivalents where required by the Ministers’ manual (sec 62). Compensation for CSOs, if any, is to be stated in the operational plan (sec 57). These provisions shift fiscal flows between the Authority and government and shape net costs retained by the Authority (secs 53–54, 57, 62).\n\n- Who decides: responsible Ministers control key levers—appointment and termination of board members (secs 16, 19), approval of CEO appointment (sec 27), approval of strategic/operational plans and power to direct modifications (secs 45–46, 50), issuance of statements of obligations (sec 51A), directions about asset disposal and subsidiaries (secs 58–60) and public-interest directions (sec 61). The board manages day-to-day strategy and operations and appoints senior staff (secs 15, 33).\n\n- Compliance burden and administrative cost: the Authority must prepare annual drafts of strategic and operational plans, provide quarterly reports (sec 36), comply with Ministers’ reporting requests (sec 38), include detailed financial and investment information in the operational plan (sec 51), and comply with annual-return and tax-equivalent procedures (secs 53–54, 62). Recording and reporting obligations, and the need to negotiate or accept Ministerial directions, impose administrative requirements on the Authority (secs 36, 45–46, 51, 53, 62).\n\n- Ministerial discretion and implementation risk: Ministers have multiple discretionary powers (appointment/removal of board members (secs 16, 19), approving or directing plans (secs 45–46, 50), issuing statements of obligations (sec 51A), approving disposals and subsidiaries (secs 58–60), issuing public-interest directions (sec 61), setting tax-equivalent arrangements (sec 62)). Those powers centralise decision authority with Ministers while operational control sits with the board and CEO, requiring ongoing coordination and clear processes to manage conflicts or changing requirements (secs 15, 27).\n\n- Effects on private sector suppliers and competition: the Authority is authorised to supply a wide range of water‑industry services commercially (engineering, operation/maintenance, business management, energy generation, scientific services) (sec 9). That commercial authorisation, combined with the power to set charges and compete for activities, means the Authority can act as a market participant in services where private firms also operate. At the same time, the Act restrains some commercial decisions (major disposals, forming subsidiaries) by requiring Ministerial approval (secs 59–60), and permits Ministers to require the Authority to perform non-commercial tasks (secs 56–57), which may affect the Authority’s competitive posture.\n\n- Concentrated benefits, diffuse costs and decision incentives: the Act concentrates appointment and directional power in the responsible Ministers (secs 16, 19, 45–46, 50, 58–61). Financial obligations (annual return, tax equivalents) shift funds back to the State (secs 53–54, 62), while CSOs create tasks whose net cost depends on how compensation is set in the operational plan (sec 57). Those mechanics create clear channels by which Ministers influence allocation of resources and the Authority’s commercial choices.\n\nKey implementation points to watch (mechanical tensions)\n\n- The requirement to operate commercially (sec 11) sits alongside repeated Ministerial powers to require or direct non‑commercial activities (secs 46, 50, 56–61). The operational plan and statement of obligations are the statutory instruments that reconcile those two requirements (secs 51, 51A–51D, 57).\n\n- The Authority must estimate net profit and propose an annual return (sec 54). Ministers can direct a different return; returns cannot exceed estimated net profit (sec 54). How profit is estimated and timing of Ministerial directions will determine cash flows available for investment or competing with private firms (secs 51, 54).\n\n- Ministers’ requirement to publish certain directions in the gazette provides public transparency for some interventions (secs 58, 61). Other Ministerial controls (e.g. approval of plans, tax manual) are exercised through internal processes and statutory filing requirements (secs 45–46, 62), which places importance on clear procedures for timely approvals and disclosure.\n\nOverall, mechanically the Act establishes a statutory Authority with broad commercial powers to provide bulk water and related services, places it under board management subject to substantial Ministerial oversight and financial obligations to the State, and creates statutory channels (operational plans, statements of obligations, CSO arrangements, and reporting) to balance commercial activity with public-interest directions (secs 6–7, 9, 11, 45–51A, 53–57, 58–62)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2007 Act appears to have been significantly restructured by the 2012 amendments (No. 39), which removed substantial portions of the original legislation (sections 65-103 were omitted). The current version shows evidence of scope expansion through added provisions for 'statements of obligations' (sections 50A, 51A-51D), enhanced reporting requirements, and more detailed governance mechanisms. The legislation has evolved from a basic establishment Act to a comprehensive governance framework with detailed commercial, accountability and directional provisions."},"complexity_factors":["Multiple cross-references to other Queensland Acts including the Water Act 2000, Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Crime and Corruption Act 2001, and Corporations Act (Commonwealth)","Nested conditional logic in section 56 (community service obligations) with multiple sub-paragraphs and alternative pathways for establishing obligations","Dual governance structure requiring coordination between Board and responsible Ministers with specific procedural requirements (consultation, written agreements, directions)","Complex succession provisions in section 64 dealing with automatic transfer of assets, liabilities, employees and legal proceedings upon expiry","Multiple amendment references (2012 No. 39, 2019 No. 17, etc.) indicating substantial legislative evolution and potential layering of provisions","Defined terms scattered throughout (e.g., 'appropriately qualified', 'net profit', 'main undertakings', 'tax equivalents') that require cross-referencing","Exception-based provisions allowing Ministerial override of commercial operations (sections 46, 50, 58, 61)"],"plain_english_summary":"This legislation establishes and governs the **Queensland Bulk Water Supply Authority** (also known as Seqwater), which manages bulk water supply for South East Queensland.\n\n**What it does:**\n- **Creates a special type of government entity** that is *not* a corporation, does *not* have perpetual succession (meaning it has a fixed lifespan), and does *not* represent the State in legal matters. It operates as a \"commercial enterprise\" but can be directed to perform non-commercial \"community service obligations\" by the government.\n- **Sets up a board structure** with at least 2 members (appointed by responsible Ministers) to oversee the Authority. The board sets strategy, ensures proper performance, and reports to Ministers.\n- **Defines extensive functions** including: supplying water services, building water infrastructure, environmental protection (riverine protection, erosion control), energy generation, scientific services, community education, and managing land for recreational use.\n- **Establishes accountability mechanisms**: The Authority must submit quarterly and annual reports, maintain strategic and operational plans agreed with Ministers, and comply with financial oversight laws.\n- **Allows government direction**: Responsible Ministers can issue binding directions in the \"public interest\" during exceptional circumstances, prevent disposal of assets, and approve/disapprove major transactions like forming subsidiaries.\n- **Sets a 99-year lifespan** for the Authority, after which all assets, liabilities, employees and legal matters transfer to the State.\n\n**Who it affects:**\n- Residents and businesses in South East Queensland who rely on bulk water supply\n- Local governments and water service providers who buy water from the Authority\n- The Authority's employees and board members\n- Government entities that interact with or regulate the Authority\n\n**Why it matters:**\nThis legislation creates a hybrid entity that operates commercially (like a business) while remaining under government control. It balances commercial efficiency with public accountability, ensuring water security for one of Australia's fastest-growing regions while allowing Ministerial intervention when public interest demands it."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original Act (2007) clearly encompassed a much broader restructuring of South East Queensland's water sector — the large number of sections repealed wholesale in 2012 (sections 65–103, covering what appear to have been multiple other water entities or transitional arrangements) indicates the Act originally governed a wider range of bodies and structural changes. What remains is essentially a governance framework for the Queensland Bulk Water Supply Authority alone. The scope has narrowed significantly from a broad water industry restructuring instrument to a more focused single-entity governance statute."},"complexity_factors":["Multiple interacting layers of government oversight — responsible Ministers, the board, the CEO, and relevant departments all have overlapping roles","Cross-references to numerous other Acts (Water Act 2000, Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Crime and Corruption Act 2001, Corporations Act) without those provisions being reproduced here","Unusual hybrid legal nature — the Authority has individual-like powers but is not a body corporate, creating non-standard legal arrangements","Complex strategic and operational plan process with staged timelines, fallback provisions, and ministerial override powers","Tax equivalents regime replicates Commonwealth tax obligations through a bespoke manual process","Community service obligations framework requires balancing commercial imperatives against public interest duties","Significant number of sections repealed in 2012, making the legislative history difficult to follow without access to the original provisions","Statement of obligations framework adds another layer of ministerial control over and above strategic planning"],"plain_english_summary":"## What This Law Does\n\nThis legislation sets up and governs the **Queensland Bulk Water Supply Authority** — a government body responsible for managing bulk water supply (that is, large-scale water storage and distribution infrastructure, like dams and major pipelines) in South East Queensland.\n\n## Who It Affects\n\n- **All residents and businesses in South East Queensland** — the Authority ultimately controls the infrastructure that keeps your taps running\n- **Water utilities and local councils** who receive bulk water from the Authority\n- **Board members and executives** of the Authority, whose appointments, duties and pay are tightly governed by this law\n- **Queensland State Ministers**, who have significant oversight and direction powers\n\n## What the Authority Actually Does\n\nThe Authority has a wide brief, including:\n- Storing and supplying water\n- Building and developing water supply infrastructure (dams, pipelines, etc.)\n- Protecting rivers and managing land to improve water quality\n- Offering engineering, scientific and business services to the water industry\n- Generating energy (for example, from hydroelectric infrastructure)\n- Community education about water\n- Allowing public recreational use of its land (like reservoir parks)\n\n## Key Points to Understand\n\n**It's not a regular government department.** The Authority is a *statutory body* (a body created by law) but it is *not* a company and *not* part of the public service. It must run itself **like a business** — commercially — except where it performs 'community service obligations' (things that aren't commercially viable but serve the public good, like subsidised water supply).\n\n**Ministers hold significant power.** Responsible Ministers (government ministers in charge) can:\n- Appoint and sack board members at any time, for any reason\n- Direct the Authority to act in the public interest, even if it's not commercially smart\n- Approve or override the Authority's annual strategic and operational plans\n- Block the Authority from selling key assets\n- Set the 'tax equivalents' (payments the Authority makes instead of paying Commonwealth taxes, since as a government entity it's normally exempt)\n\n**The board runs day-to-day.** A board of at least 2 members (appointed by Ministers) governs the Authority, sets strategy, oversees the CEO, and reports quarterly to Ministers.\n\n**Transparency requirements.** The Authority must produce quarterly reports, annual reports (with some commercially sensitive information potentially redacted), and comply with standard financial accountability laws.\n\n**It has a built-in expiry date.** The Authority is set to expire 99 years after it was established, at which point all its assets, debts, employees and contracts transfer automatically to the State of Queensland.\n\n**Large chunks of the original law were removed.** Many sections (65–103) were repealed in 2012, suggesting significant restructuring of Queensland's water industry occurred after the Act was originally passed."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.6(2) and sec.7(1)","severity":"high","reasoning":"Legal personality capable of contracting, holding property, and litigating is the defining feature of either a natural person or a body corporate. The Act explicitly denies the Authority body corporate status (s.6(2)) and denies it perpetual succession (s.6(3)), yet s.7(1) and s.7(4) vest it with exactly those capacities. This creates a legal fiction without a coherent doctrinal foundation — the entity simultaneously lacks legal personality and possesses it.","confidence":0.88,"description":"The Authority is declared to not be a body corporate, yet it is simultaneously granted 'all the powers of an individual', including the power to enter contracts, hold property, employ staff, and sue and be sued. These are quintessentially the legal capacities of either a natural person or a body corporate. A non-corporate entity that is also not a natural person has no recognised legal personality at common law to exercise such powers."},{"type":"self_contradicting","section":"sec.6(2)-(3) and sec.7(4)","severity":"high","reasoning":"Litigation capacity requires a legal person or a body recognised by statute. The Act tries to thread the needle by naming the entity but stripping it of corporate status, creating an unresolved tension about whose assets are at risk in litigation and who ultimately bears judgments.","confidence":0.85,"description":"The Authority may 'sue and be sued in the name it is given under section 6(1)', yet it is not a body corporate and does not have perpetual succession. Standing to sue and be sued as a named entity is a function of legal personality, which the Act simultaneously denies."},{"type":"self_contradicting","section":"sec.14(2)","severity":"medium","reasoning":"If the Authority is neither a body corporate nor constituted by its board members, the Act never identifies what the Authority actually is as a legal matter. The board exercises governance over a legally indeterminate entity.","confidence":0.75,"description":"The Authority 'must have a board' (s.14(1)) but 'is not constituted by the members of the board' (s.14(2)). Combined with the Authority not being a body corporate (s.6(2)), it is unclear what legal entity the board governs or what the board's resolutions bind, since the Authority has no identifiable legal constitution."},{"type":"circular_definition","section":"sec.9(1) and sec.49","severity":"low","reasoning":"The scope of the Authority's functions is contingent on the plans, while the plans are drafted to address the functions. If plans are not yet agreed (per s.47), the Authority operates on a draft plan, meaning its statutory functions are perpetually contingent on an administrative document that may not yet exist in final form.","confidence":0.65,"description":"Section 9(1) provides that the Authority's functions exist only 'to the extent they are consistent with its operational and strategic plans', while section 49 requires the Authority to 'comply with its strategic and operational plans'. The plans are themselves subject to Ministerial direction and are not finalised until agreed or imposed. This creates a circular dependency: the Authority's functions depend on the plans, but the plans are determined partly by reference to the Authority's functions."},{"type":"self_contradicting","section":"sec.51A(3)","severity":"medium","reasoning":"The responsible Ministers issue a statement of obligations to guide the Authority's strategic and operational activities (s.51C), yet the same provision ensures it is overridden by any inconsistent instrument. This inverts the normal expectation that Ministerial directions carry priority, and creates perverse incentives to manufacture inconsistent instruments to avoid obligations.","confidence":0.78,"description":"Section 51A(3) provides that where a statement of obligations is inconsistent with 'another instrument made under this or another Act', the other instrument prevails. This means the statement of obligations — a Ministerially-issued instrument — is automatically subordinate to any other instrument, including subordinate legislation. This renders the statement of obligations legally toothless whenever a conflict arises, undermining the purpose of issuing it."},{"type":"self_contradicting","section":"sec.50A and sec.51A(3)","severity":"medium","reasoning":"The two provisions pull in opposite directions. s.50A subordinates the plans to the statement of obligations. s.51A(3) subordinates the statement of obligations to other instruments (including potentially the plans themselves). The interaction is irreconcilable without knowing whether 'plans' qualify as 'instruments made under this Act'.","confidence":0.72,"description":"Section 50A requires that strategic and operational plans 'must not be inconsistent with the statement of obligations'. Section 51A(3) provides that where the statement of obligations is inconsistent with another instrument, the other instrument prevails. If the plans are such 'instruments', this creates a direct logical contradiction: the plans must not be inconsistent with the statement, but if they are, the plans prevail."},{"type":"impossible_compliance","section":"sec.54(1)-(3)","severity":"medium","reasoning":"The cap in s.54(3) is on the 'estimated net profit' not actual net profit. A direction to pay up to the estimate could result in the Authority paying a return exceeding actual profit, which would be commercially irrational and potentially contrary to the commercial enterprise mandate in s.11(1). There is no mechanism to adjust the direction once actual figures are known.","confidence":0.7,"description":"The annual return process requires the Authority to submit an estimate of net profit between 1-15 May — before the financial year ends on 30 June — and the return must not exceed the estimated net profit. This means the return cap is set on an estimate made 6-8 weeks before year-end, not on actual profit. The Authority could be directed to pay more than its actual profit if the estimate was too optimistic."},{"type":"impossible_compliance","section":"sec.26(6) and sec.22","severity":"medium","reasoning":"On a minimum two-member board, s.26(6)(b) cannot be satisfied if one member is conflicted, because a quorum requires both members and the remaining one cannot constitute a quorum. The fallback in s.26(7) (Ministerial decision) would apply, but this makes the entire conflict of interest regime unworkable for the minimum-sized board on any contested matter.","confidence":0.82,"description":"Section 26(6) provides that where a board member is excluded due to conflict of interest, 'the remaining members present are a quorum' provided there would have been a quorum if the excluded member were present. For a two-member board under s.22(a), a quorum requires both members. If one is excluded for conflict of interest, there can never be a reduced quorum — meaning a two-member board is entirely paralysed by any conflict of interest."},{"type":"impossible_compliance","section":"sec.21(4) and sec.16(1)","severity":"low","reasoning":"On a two-member board, s.21(4) is practically inoperative as a mechanism distinct from s.21(3), because the only non-chair member cannot alone meet the threshold of 'at least 2 members'. The provision adds no functional value on the minimum-size board.","confidence":0.68,"description":"Section 21(4) requires the chairperson to call a board meeting if asked by 'at least 2 members'. Section 16(1) sets the minimum board size at 2 members. On a two-member board, this means either both members (including the chairperson) must request a meeting, which is circular since the chairperson is already a member who can call meetings unilaterally under s.21(3), or only 1 non-chairperson member exists who cannot alone trigger s.21(4)."},{"type":"other","section":"sec.64(1)","severity":"low","reasoning":"The expiry mechanism depends on identifying when the Authority 'is established', but the Act uses the formulation 'continues in existence', suggesting establishment predated this Act. Without a clear statutory establishment date, calculating the expiry of a 99-year period is legally ambiguous.","confidence":0.6,"description":"The Authority 'expires at the end of 99 years after it is established', yet section 6(1) states that it 'continues in existence' (i.e., was already established before the Act). The establishment date for calculating the 99-year period is indeterminate on the face of the Act."}],"contradictions":[{"severity":"high","section_a":"sec.6(2)","section_b":"sec.7(1)","confidence":0.88,"description":"Section 6(2) declares the Authority is not a body corporate, while section 7(1) grants it 'all the powers of an individual', including contracting, property ownership, employing staff, and suing and being sued. These powers presuppose legal personality, which the Authority is denied."},{"severity":"medium","section_a":"sec.50A(2)","section_b":"sec.51A(3)","confidence":0.74,"description":"Section 50A(2) mandates that strategic and operational plans must not be inconsistent with the statement of obligations. Section 51A(3) provides that where the statement of obligations is inconsistent with another instrument (potentially including the plans), the other instrument prevails. These provisions are mutually irreconcilable."},{"severity":"low","section_a":"sec.11(1)","section_b":"sec.56 and sec.57","confidence":0.55,"description":"Section 11(1) mandates the Authority carry out its functions as a commercial enterprise. Sections 56-57 establish a community service obligations regime for non-commercial activities. While s.11(2) creates an exception, the definition of community service obligations in s.56 requires the board to establish to Ministerial satisfaction that activities are not commercially viable — creating a gatekeeping process that may be practically irresolvable where Ministers and board disagree."},{"severity":"medium","section_a":"sec.26(6)","section_b":"sec.22(a)","confidence":0.8,"description":"Section 26(6) creates a reduced quorum for conflict of interest situations, contingent on there 'would be a quorum if the member were present'. Section 22(a) requires both members for a two-member board quorum. These provisions are irreconcilable on a minimum-sized board facing a conflict: if one member is excluded, the remaining member cannot constitute the quorum required by s.22(a), yet s.26(6) purports to make them a quorum."},{"severity":"low","section_a":"sec.45(1)","section_b":"sec.9(1)","confidence":0.58,"description":"Section 9(1) limits the Authority's functions to those consistent with its operational and strategic plans. Section 45(1) requires draft plans to be submitted before 31 March for the next financial year, with agreement sought before year-start. If no agreement is reached, s.47 deems the draft as operative. This means the Authority's statutory functions are contingent on a document that may never be formally agreed, creating perpetual contingency."},{"severity":"low","section_a":"sec.37(c)","section_b":"sec.37(a)-(b)","confidence":0.52,"description":"Section 37(a)-(b) requires the board to keep 'responsible Ministers' informed and provide reports to 'responsible Ministers'. Section 37(c) requires immediate notification to 'relevant Ministers'. The Act uses both 'responsible Ministers' and 'relevant Ministers' without clearly defining whether these are the same persons, creating potential ambiguity about to whom urgent notifications must be directed."}]}},"importantCases":[],"_links":{"self":"/api/acts/south-east-queensland-water-restructuring-act-2007","history":"/api/acts/south-east-queensland-water-restructuring-act-2007/history","analysis":"/api/acts/south-east-queensland-water-restructuring-act-2007/analysis","conflicts":"/api/acts/south-east-queensland-water-restructuring-act-2007/conflicts","importantCases":"/api/acts/south-east-queensland-water-restructuring-act-2007/important-cases","documents":"/api/acts/south-east-queensland-water-restructuring-act-2007/documents"}}