(1) The Director of Meteorology may, in writing, delegate all or any of his or her functions and powers under this Part (other than sections 130 and 131) to an SES employee or acting SES employee.
(2) The Director of Meteorology may, by writing, delegate any or all of his or her functions and powers under this Part to a person who holds, or acts in, an office or position:
(a) with a State or a Territory, or an authority of a State or a Territory; and
(b) at a level equivalent to that of an SES employee;
if the State, Territory or authority agrees to the delegation.
(3) A delegate under subsection (1) or (2) must comply with any written directions of the Director of Meteorology.
135 Directions by Minister
(1) The Minister may, by notice in writing to the Director of Meteorology, give directions with respect to the performance of the Bureau’s functions or the exercise of its powers.
(2) The Director of Meteorology must comply with any such direction.
(3) A direction made under subsection (1) is a legislative instrument, but neither section 42 (disallowance) nor Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 applies to the direction.
Part 7A—Water markets information
Division 1—Simplified outline of Part
135A Simplified outline
This Part provides for the giving of water markets information to the Bureau.
This Part gives the Bureau additional powers and functions in relation to water markets information.
This Part provides for the making of Water Markets Data Standards relating to water markets information and for compliance notices to be given by the Inspector‑General in relation to contraventions of the Water Markets Data Standards.
Division 2—Application
135B Constitutional operation
(1) This Part, and any other provision of this Act or any other Act to the extent that it relates to this Part, applies to water markets information collected, generated or capable of being generated, recorded or held by:
(a) a constitutional corporation; or
(b) a person or body that is located in a Territory.
(2) This Part, and any other provision of this Act or any other Act to the extent that it relates to this Part, applies to water markets information relating to the pre‑trade, trade or transfer of any type of eligible tradeable water right if:
(a) at least one of the parties to the pre‑trade, trade or transfer is a constitutional corporation;
(b) the pre‑trade, trade or transfer takes place in the course of trade and commerce:
(i) between the States; or
(ii) between a State and a Territory or between 2 Territories;
(iii) trade or commerce between Australia and places outside Australia;
(c) the pre‑trade, trade or transfer takes place in a Territory or relates to eligible tradeable water rights in relation to a water resource in a Territory; or
(d) at least one element of the pre‑trade, trade or transfer takes place using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution).
Division 3—Functions and powers of the Bureau and Director of Meteorology
135C Additional functions of the Bureau
The Bureau has the following functions in addition to its functions under the Meteorology Act 1955:
(a) collecting, holding, managing, interpreting and disseminating Australia’s water markets information;
(b) issuing Water Markets Data Standards;
(c) giving advice on matters relating to water markets information;
(d) any other matter, relating to water markets information, specified in the regulations.
135D Publishing water markets information
(1) The Director of Meteorology may at any time publish, in a form readily accessible by the public, particular water markets information that the Bureau holds.
(2) However, the Director of Meteorology must not publish water markets information:
(a) if the Director believes it would not be in the public interest; or
(b) to the extent that the information identifies a particular individual by means of the individual’s name, address, customer number or account number or other identifier, unless the information:
(i) is already published; or
(ii) is otherwise publicly available.
(3) For the purposes of paragraph (2)(b), information does not identify a particular individual:
(a) merely because the individual’s identity can be ascertained from the information, due to the nature or volume of a trade or transfer of an eligible tradeable water right; or
(b) in other circumstances prescribed by the regulations.
Division 4—Water markets information
135E Object of this Division
The object of this Division is to enable the Bureau to fulfil its functions relating to water markets information.
135F Giving of water markets information to the Bureau
(1) A person specified in the regulations, or a person included in a class of persons specified in the regulations, must give to the Bureau a copy of water markets information of a kind specified in the regulations that is in the person’s possession, custody or control (whether held electronically or in any other form).
(2) The copy must be given to the Bureau within the time specified in the regulations.
(3) The water markets information contained in the copy:
(a) must be given in the form or manner specified in the regulations; and
(b) must comply with any applicable Water Markets Data Standards.
(4) A person must not contravene an obligation imposed on the person under this section.
Civil penalty: 100 penalty units.
(5) A person must not, in purported compliance with a requirement under this section, give to the Bureau information that is false or misleading.
Civil penalty: 120 penalty units.
(6) A person does not contravene a requirement of subsection (4) or (5) if, in purportedly complying with the requirement, the person:
(a) acted in good faith; and
(b) exercised a reasonable degree of care and diligence.
(7) A person is not excused from complying with a requirement under this section merely because the water markets information in question is:
(a) of a commercial nature; or
(b) subject to an obligation of confidentiality arising from a commercial relationship; or
(c) commercially sensitive.
(8) To avoid doubt, the information referred to in subsection (1) includes, but is not limited to, personal information within the meaning of the Privacy Act 1988.
135G Director of Meteorology may require water markets information
(1) The Director of Meteorology may, in writing, require any person, or each person included in a class of persons, to give specified water markets information to the Bureau:
(a) within a specified period of time; and
(b) in a specified form or manner; and
(c) in accordance with any applicable Water Markets Data Standards.
(2) A person must not fail to comply with a requirement under this section.
Civil penalty: 100 penalty units.
(3) A person must not, in purported compliance with a requirement under this section, give to the Bureau information that is false or misleading.
Civil penalty: 120 penalty units.
(4) A person does not contravene a requirement of subsection (2) or (3) if, in purportedly complying with the requirement, the person:
(a) acted in good faith; and
(b) exercised a reasonable degree of care and diligence.
(5) A person is not excused from complying with a requirement under this section merely because the water markets information in question is:
(a) of a commercial nature; or
(b) subject to an obligation of confidentiality arising from a commercial relationship; or
(c) commercially sensitive.
(6) To avoid doubt, the information referred to in subsection (1) includes, but is not limited to, personal information within the meaning of the Privacy Act 1988.
135H Collecting, generating or recording water markets information
(1) A person specified in the regulations, or a person included in a class of persons specified in the regulations, must collect, generate or record water markets information that is of a kind specified in the regulations.
(2) A person, or a person included in a class of persons, who is required by the regulations to collect, generate or record water markets information must:
(a) record the water markets information electronically, unless the regulations provide otherwise; and
(b) collect, generate or record the water markets information in accordance with any applicable Water Markets Data Standards.
(3) A person must not fail to comply with a requirement under this section.
Civil penalty: 100 penalty units.
(4) A person does not contravene subsection (3) if, in purportedly complying with a requirement under this section, the person:
(a) acted in good faith; and
(b) exercised a reasonable degree of care and diligence.
(5) A person is not excused from complying with a requirement under this section merely because the water markets information in question is:
(a) of a commercial nature; or
(b) subject to an obligation of confidentiality arising from a commercial relationship; or
(c) commercially sensitive.
(6) To avoid doubt, the information referred to in subsection (1) includes, but is not limited to, personal information within the meaning of the Privacy Act 1988.
Division 5—Water Markets Data Standards
135J Water Markets Data Standards
(1) The Director of Meteorology may, by legislative instrument, issue Water Markets Data Standards relating to water markets information.
(2) Without limiting subsection (1), Water Markets Data Standards may deal with all or any of the following:
(a) the details for collecting, generating, recording or providing water markets information as required by Division 4;
(b) the details of the persons or bodies that will be required to collect, generate, record or provide water markets information as required by Division 4;
(c) any other matter relating to water markets information that is specified in the regulations.
(3) Without limiting subsection (1), Water Markets Data Standards may do one or more of the following:
(a) be expressed to apply to a specified water resource or area;
(b) provide for methods of identifying the following:
(i) water market participants;
(ii) eligible water markets intermediaries;
(iii) water market authorities;
(iv) other persons;
(v) individual trades or transfers;
(c) provide for metadata requirements;
(d) provide for time periods in respect of, or within which, the water markets information is required to be collected, generated, recorded or provided;
(e) provide for the manner in which the water markets information is to be collected, generated, recorded or provided.
135K Adoption of other standards
(1) In issuing Water Markets Data Standards, the Director of Meteorology may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in a standard:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time;
that relates to water markets information and that any other person or body has made or issued.
(2) Subsection (1) has effect despite anything in subsection 14(2) of the Legislation Act 2003.
(3) If the Director of Meteorology makes provision in relation to a matter by applying, adopting or incorporating a matter contained in a standard that another person or body has made or issued, the Director of Meteorology must ensure that:
(a) the text of the matter applied, adopted or incorporated is made publicly available on the Bureau’s website, unless that text is set out in the relevant Water Markets Data Standard; and
(b) if the text of the matter is applied, adopted or incorporated as in force or existing from time to time—any subsequent amendments of that text are made publicly available on that website.
135L Consultations in preparing Water Markets Data Standards
(1) The Director of Meteorology must consult with the States, the ACCC and the Inspector‑General in preparing Water Markets Data Standards.
(2) In preparing Water Markets Data Standards, the Director of Meteorology may undertake such other consultation as the Director considers appropriate.
Division 6—Information to be made available
135M Information about trades etc. to be reported
(1) If the trade or transfer of an eligible tradeable water right requires an application to a water market authority, each of the persons mentioned in subsection (2) must ensure that all of the following information is provided (whether by the person or by another person) to the authority concerned:
(a) all the information in relation to the application for the trade or transfer required by the authority;
(b) all the information in relation to the application for the trade or transfer required by the regulations (if any).
(2) The persons are as follows:
(a) if the application is made by an eligible water markets intermediary, that eligible water markets intermediary;
(b) the owner of the eligible tradeable water right being traded or transferred;
(c) the person to whom the eligible tradeable water right is to be traded or transferred.
(3) A person must not contravene an obligation imposed on the person under this section.
Civil penalty: 100 penalty units.
(4) A person must not, in purported compliance with a requirement under this section, give or cause to be given to a water market authority information that is false or misleading.
Civil penalty: 120 penalty units.
(5) A person does not contravene a requirement of subsection (3) or (4) if, in purportedly complying with the requirement, the person:
(a) acted in good faith; and
(b) exercised a reasonable degree of care and diligence.
(6) A person is not excused from complying with a requirement under this section merely because the information in question is:
(a) of a commercial nature; or
(b) subject to an obligation of confidentiality arising from a commercial relationship; or
(c) commercially sensitive.
(7) To avoid doubt, the information referred to in subsection (1) includes, but is not limited to, personal information within the meaning of the Privacy Act 1988.
135N Records to be kept about information provided
(1) A person who is required to ensure that information about the trade or transfer of an eligible tradeable water right is provided to a water market authority under section 135M (see subsection 135M(2)) must keep the following records in relation to the information that is provided:
(a) records of the reason for the trade or transfer, including records substantiating or supporting the reason;
(b) records of the price for which the eligible tradeable water right was traded or transferred, including records substantiating or supporting the price;
(c) such other information (if any) as is prescribed by the regulations.
(2) The person must keep the records for a period of at least 5 years beginning on the date on which the information was provided under section 135M.
(3) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 120 penalty units.
Division 7—Miscellaneous
135P Disclosure of information by the Bureau
(1) This section applies to information obtained in, or in connection with, the performance of the Bureau’s functions or the exercise of the Bureau’s powers under this Part.
(2) If the Bureau reasonably believes that disclosure of the information is reasonably necessary for, or directly related to, the performance of the functions or the exercise of the powers of the ACCC or the Inspector‑General under this Act, the Bureau may disclose the information to the ACCC or the Inspector‑General, as the case requires.
Note 1: This subsection constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law).
Note 2: The Bureau may also disclose information to the Inspector‑General for the purposes of facilitating the performance of the Inspector‑General’s functions or the exercise of the Inspector‑General’s powers (see section 215UC).
135Q Compliance notices
(1) If the Inspector‑General considers that a person has contravened a requirement of the Water Markets Data Standards, the Inspector‑General may give the person a notice requiring the person to rectify the contravention, and comply with that requirement, within the time specified in the notice.
(2) If a person would have contravened a requirement of the Water Markets Data Standards, but does not contravene the requirement only because, in purportedly complying with the requirement, the person:
(a) acted in good faith; and
(b) exercised a reasonable degree of care and diligence.
the Inspector‑General may give the person a notice requiring the person to comply with the requirement within the time specified in the notice.
(3) A person must not fail to comply with a notice given to the person under this section.
Civil penalty: 60 penalty units.
(4) This section applies only to the extent that the contravention relates to water markets information.
135R Audits
(1) The Inspector‑General may conduct, or appoint or establish a person or body (an auditor) to conduct, periodic audits to assess the performance of obligations under this Part.
(2) In conducting an audit, the auditor must have regard to the following:
(a) guidelines (if any) issued by the Inspector‑General relating to the conduct of an audit;
(b) any applicable guidelines issued by the Inspector‑General under section 215V;
(c) any applicable standards issued by the Inspector‑General under section 215VA.
(3) The auditor must:
(a) prepare a report setting out the findings of the audit and any recommendations arising from the audit; and
(b) before the report is finalised, provide any person or body to which the audit relates with an opportunity to comment on the proposed findings and recommendations.