Part 2The Agreement and the Commissioners

An Act to approve and provide for carrying out an agreement entered into between the Commonwealth, New South Wales, Victoria and South Australia with regard to the water, land and other environmental resources of the Murray-Darling Basin, and for related purposes ## Part 1—Preliminary #### 1 Short title \[see Note 1\] This Act may be cited as the Murray-Darling Basin Act 1993. #### 2 Commencement \[see Note 1\] This Act commences on a day to be fixed by Proclamation. #### 3 Interpretation (1) In this Act, unless the contrary intention appears: > Agreement means the Original Agreement as amended by the Amending Agreement. > Note: See also clauses 50 and 134 of the Agreement, which provide for the amendment of the Agreement. > Amending Agreement means the agreement a copy of which is set out in Schedule 2. > Commission means the Murray-Darling Basin Commission. > Commonwealth member means a Commissioner or Deputy Commissioner appointed under section 6. > Original Agreement means the agreement a copy of which is set out in Schedule 1. > State means any of the States of the Commonwealth. > works means works constructed under a former Agreement or constructed, or to be constructed, under the Agreement. (2) Words used in this Act have the same respective meanings as in the Agreement. #### 4 Act to bind Crown in right of the Commonwealth This Act binds the Crown in right of the Commonwealth. ## Part 2—The Agreement and the Commissioners #### 5 Approval of Original Agreement The Original Agreement is approved. #### 5A Approval of Amending Agreement The Amending Agreement is approved. #### 6 Appointment of Commissioners and Deputy Commissioners (1) For the purposes of subclause 20(2) of the Agreement, the Governor-General may appoint 2 Commissioners and 2 Deputy Commissioners. (2) A Commonwealth member is appointed for such period, not exceeding 5 years, as is specified in the instrument appointing the member. (3) A Commonwealth member is eligible for re-appointment. #### 7 Terms and conditions of appointment In respect of matters not provided for by this Act or another law of the Commonwealth, a Commonwealth member holds office on such terms and conditions as are determined by the Governor-General. #### 8 Defect or irregularity not to invalidate appointment The appointment of a Commonwealth member is not invalidated merely because of a defect or irregularity in or in connection with the member’s appointment. #### 9 Remuneration and allowances (1) A Commonwealth member is to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the member is to be paid such remuneration as is prescribed. (2) A Commonwealth member is to be paid such allowances as are prescribed. (3) This section has effect subject to the Remuneration Tribunal Act 1973. #### 10 Resignation A Commonwealth member may resign office in accordance with clause 29 of the Agreement. #### 11 Termination of appointment The Governor-General may at any time remove a Commonwealth member from office. ## Part 3—The Commission and its operations #### 12 Powers, functions and duties of the Commission The Commission has the functions, powers and duties expressed to be conferred on it by the Agreement. ## Part 4—General #### 13 Jurisdiction of State courts Nothing in any law of the Commonwealth is to be taken to exclude or limit the jurisdiction of a court of a State or Territory in relation to the performance of a duty or the exercise of a power by the Commission or a Commonwealth member. #### 14 Appropriation All money required to be provided by the Commonwealth under the Agreement is to be provided out of money appropriated by the Parliament for the purpose. #### 15 Exemption from taxes and charges No tax (including sales tax), charge or fee is payable under a law of the Commonwealth or of a State or Territory: (a) in respect of any act or thing done by or on behalf of the Commission; or (b) in respect of any works; or (c) in respect of any property used or held by a Contracting Government or a Constructing Authority for the purposes of any works. #### 16 Evidence (1) Every minute or record of the proceedings of the Commission that is signed by the President of the Commission, or a copy of such a minute or record certified as correct under the hand of the President, is presumed to be correct unless the contrary is proved. (2) A document signed by, and containing a decision of, an arbitrator appointed under the Agreement is, in any proceeding, evidence of the decision unless the contrary is proved. (3) A document purporting to be: (a) a minute or record, or copy, referred to in subsection (1); or (b) a document referred to in subsection (2); is taken, unless the contrary is established, to be such a minute or record, copy or document, as the case may be. #### 17 Certain documents to be laid before Parliament The Minister must cause a copy of: (a) each report and statement submitted by the Commission under clause 84 of the Agreement to the Ministerial Council within the meaning of the Agreement; and (b) each Schedule approved under clause 50 of the Agreement; to be laid before each House of the Parliament, without delay. #### 18 Accession by new parties (1) If the Ministerial Council approves a Schedule prepared under clause 134 of the Agreement for another State to become a party to the Agreement, the Minister must cause a copy of the Schedule to be laid before each House of the Parliament within 15 sitting days after the Ministerial Council has approved the Schedule. (2) A Schedule referred to in subsection (1) has no effect, if: (a) it is disallowed as mentioned in clause 134 of the Agreement; or (b) it is void or has ceased to have effect for any other reason mentioned in that clause. #### 19 Regulations The Governor-General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. #### 20 Amendment of the Snowy Mountains Hydro-electric Power Act 1949 Section 5B of the Snowy Mountains Hydro-electric Power Act 1949 is amended by omitting “River Murray Waters Act 1983” and substituting “Murray\-Darling Basin Act 1993”. #### 21 Repeal and transitional (1) The Murray-Darling Basin Act 1983 is repealed. (2) A person who, immediately before the commencement of this Act, held office as a Commissioner or a Deputy Commissioner appointed under section 6 of the Murray-Darling Basin Act 1983, continues to hold office for the remainder of the person’s term of office as if the person had been appointed as a Commissioner or a Deputy Commissioner, as the case may be, under section 6 of this Act.