211AOperation of earlier transitional provision

211A  Operation of earlier transitional provision

  Division 4 of Part 10A (about transitional financial matters) does not apply to this Subdivision.

Subdivision B—Authority may charge fees

212  Fees

 (1) The Authority may charge fees for services it provides in performing its functions.

 (2) However, the Authority must not charge a fee specified in regulations made for the purposes of this subsection unless:

 (a) the ACCC has advised that the fee is reasonable; and

 (b) the Authority has published the advice on its website.

Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

 (3) In giving advice under subsection (2), the ACCC must take into account the water charging objectives and principles and any additional matters specified in regulations made for the purposes of this subsection as matters relevant to the fee concerned.

 (4) Subsections (2) and (3) have effect subject to the water charge rules.

Note: Water charge rules can affect the charging of fees by the Authority (see section 92).

 (5) A fee must not be such as to amount to taxation.

Subdivision C—Exemption from taxation and charges etc.

213  Exemption from taxation and charges etc.

 (1) To avoid doubt, for the purposes of section 50‑25 of the Income Tax Assessment Act 1997, the Authority is taken to be a public authority constituted under an Australian law.

Note: This means that the Authority is exempt from income tax.

 (2) No rate, tax, charge or fee is payable under a law of a State in respect of any act or thing done by or on behalf of:

 (a) the Authority; or

 (b) the Commonwealth for the benefit of the Authority.

Subdivision CA—Corporate plan

213A  Corporate plan

 (1) The corporate plan prepared by the Chief Executive under section 35 of the Public Governance, Performance and Accountability Act 2013 for a period must include the corporate plan approved by the Murray‑Darling Basin Ministerial Council under the Agreement for the period.

 (2) Subsection 35(3) of that Act (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the Chief Executive.

213B  Variation of corporate plan

 (1) The Chief Executive may at any time vary the corporate plan on its own initiative.

 (2) The Chief Executive must not vary the part of the plan that is the corporate plan approved by the Murray‑Darling Basin Ministerial Council under the Agreement, unless the variation has been approved in accordance with the Agreement.