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Water Act 2007
Div 9Application of Part to partnerships, unincorporated associations and trusts
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Division 9—Application of Part to partnerships, unincorporated associations and trusts
100ZH Application to partnerships
100ZJ Application to unincorporated associations
100ZK Application to trusts
Part 6—Commonwealth Environmental Water Holder
Division 1—Establishment and functions
104 Establishment
105 Functions
106 Limitation on disposal of water and Commonwealth environmental water holdings
107 Limitation on directions to Commonwealth Environmental Water Holder
108 Meaning of Commonwealth environmental water holdings
109 Operating rules
110 Application of State laws to the Commonwealth Environmental Water Holder
Division 2—Environmental Water Holdings Special Account
111 Establishment of the Environmental Water Holdings Special Account
112 Credits of amounts to the Account
113 Purpose of the Account
Division 3—Reporting requirements
114 Annual report
Division 4—Appointment, staff and delegation
115 Appointment
116 Staff
117 Delegation
Part 7—Water information
Division 1—Application of this Part
118 Geographical application of this Part
119 Application of this Part limited to certain legislative powers
Division 2—Functions and powers of the Bureau and Director of Meteorology
120 Additional functions of the Bureau
121 Contents of the National Water Account
122 Publishing water accounts
123 Publishing water information
Division 3—Water information
124 Object of this Division
125 Meaning of water information etc.
126 Giving of water information to the Bureau
127 Director of Meteorology may require water information
128 Prohibitions on disclosure of information do not apply
129 Ownership etc. of information unaffected by its disclosure
Division 4—National Water Information Standards
130 National Water Information Standards
131 Adoption of other standards
132 Consultations in preparing National Water Information Standards
133 Compliance notices
134 Delegation by Director of Meteorology
135 Directions by Minister
Part 7A—Water markets information
135A Simplified outline
Division 2—Application
135B Constitutional operation
Division 3—Functions and powers of the Bureau and Director of Meteorology
135C Additional functions of the Bureau
135D Publishing water markets information
Division 4—Water markets information
135E Object of this Division
135F Giving of water markets information to the Bureau
135G Director of Meteorology may require water markets information
135H Collecting, generating or recording water markets information
Division 5—Water Markets Data Standards
135J Water Markets Data Standards
135K Adoption of other standards
135L Consultations in preparing Water Markets Data Standards
Division 6—Information to be made available
135M Information about trades etc. to be reported
135N Records to be kept about information provided
135P Disclosure of information by the Bureau
135Q Compliance notices
135R Audits
135S Delegation by Director of Meteorology
135T Directions by Minister
135U Part does not limit section 239AJ
135V Interaction between Part 7 and 7A
135W Prohibitions on disclosure of information do not apply
135X Ownership etc. of information unaffected by its disclosure
Part 8—Enforcement
136 Contraventions to which this Part applies
137 Appropriate enforcement agency for contraventions to which this Part applies
138 References to Court
139 Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)
Division 2—Injunctions
140 Grant of injunctions
141 Discharge or variation of injunctions
142 Certain considerations for granting injunctions not relevant
143 Powers conferred are in addition to other powers of the Court
Division 3—Declarations
144 Declarations of contravention
145 Discharge or variation of declarations
Division 4—Civil penalties
Subdivision A—Civil penalty orders
146 Civil penalty provisions
147 Court may order person to pay pecuniary penalty for contravening civil penalty provision
148 Multiple contraventions
148A Proceedings may be heard together
149 Civil evidence and procedure rules for pecuniary penalty orders
150 Recovery of a pecuniary penalty
Subdivision B—Civil penalty proceedings and criminal proceedings
151 Civil proceedings after criminal proceedings
152 Criminal proceedings during civil proceedings
153 Criminal proceedings after civil proceedings
154 Evidence given in proceedings for penalty not admissible in criminal proceedings
Subdivision C—Miscellaneous
154A Ancillary contravention of civil penalty provisions
154B Continuing contraventions of civil penalty provisions
154C State of mind
154D Mistake of fact
154E Exceptions etc. to civil penalty provisions—burden of proof
Division 5—Infringement notices
155 Object
155A Relevant chief executive
156 When an infringement notice can be given
157 Matters to be included in an infringement notice
158 Extension of time to pay amount
159 Withdrawal of an infringement notice
160 Paying the penalty in accordance with the notice
161 Effect of this Division on civil proceedings
162 Regulations
Division 6—Enforceable undertakings
163 Acceptance of undertakings relating to contraventions to which this Part applies
164 Enforcement of undertakings
Division 6A—Relinquishment orders
164A Relinquishing the benefit derived and detriment avoided from contravening a civil penalty provision
Division 7—Enforcement notices
165 Inspector‑General may issue an enforcement notice
166 Failing to comply with enforcement notice
167 Discharge or variation of enforcement notices
Division 7A—Public warning notices
167A Inspector‑General may issue public warning notice
Division 8—Liability of executive officers of corporations
168 Civil penalties for executive officers of bodies corporate
169 Did an executive officer take reasonable steps to prevent contravention?
Division 9—Conduct of directors, employees and agents
170 Conduct of directors, employees and agents
Division 10—General rules about offences and civil penalty provisions
170A Physical elements of offences
170B Contravening an offence provision or a civil penalty provision
Part 9—Murray‑Darling Basin Authority (administrative provisions)
Division 1—Authority’s establishment, functions, powers and liabilities
171 Establishment
172 Authority’s functions
173 Authority’s powers
174 Amounts payable by the Commonwealth
175 Minister may give directions to Authority
Division 2—Authority’s constitution and membership
Subdivision A—Authority’s constitution