the remaining Authority members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting in relation to that matter.
194 Decisions at meetings etc.
(1) At a meeting of the Authority, a question is decided by a majority of the votes of the Authority members present and voting.
(2) The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
195 Conduct of meetings
(1) The Authority may, subject to this Subdivision, regulate proceedings at its meetings as it considers appropriate.
Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.
(2) The regulations may regulate proceedings at meetings of the Authority.
196 Minutes
The Authority must keep minutes of its meetings.
Subdivision B—Decisions without meetings
197 Decisions without meetings
(1) A decision is taken to have been made at a meeting of the Authority if:
(a) without meeting, a majority of the Authority members indicate agreement with the proposed decision in accordance with the method determined by the Authority under subsection (2); and
(b) all the Authority members were informed of the proposed decision, or reasonable efforts were made to inform all the Authority members of the proposed decision.
(2) Subsection (1) applies only if the Authority:
(a) has determined that it applies; and
(b) has determined the method by which Authority members are to indicate agreement with proposed decisions.
(3) Paragraph (1)(a) does not apply to an Authority member who would be prevented by rules in force for the purposes of paragraph 29(2)(c) of the Public Governance, Performance and Accountability Act 2013 from deliberating on the proposed decision at a meeting of the Authority.
198 Record of decisions
The Authority must keep a record of decisions made in accordance with section 197.
Subdivision C—Delegation
199 Delegation by Authority
Delegation by Authority
(1) The Authority may, by writing, delegate any or all of its functions and powers to:
(a) an Authority member; or
(b) an SES employee, or acting SES employee, who is a member of the Authority staff; or
(c) any other member of the Authority staff; or
(d) an individual whose services are made available to the Authority under section 207.
(2) The Authority may, by writing, delegate any or all of its functions and powers to a person who holds, or acts in, an office or position:
(a) with a State or an authority of a State; and
(b) at a level equivalent to that of an SES employee;
if the State or authority agrees to the delegation.
(3) A delegate under subsection (1) or (2) must comply with any written directions of the Authority.
Sub‑delegation by senior staff of a State or State authority
(4) A person (the delegate) delegated a function or power under subsection (2) may, by writing, sub‑delegate that function or power to another officer or employee (the sub‑delegate) of the State or authority concerned.
(5) A sub‑delegate must comply with any written directions of the delegate.
(6) If the delegate is subject to a direction in relation to the performance of the function or the exercise of the power sub‑delegated under subsection (4), the delegate must give a corresponding direction to the sub‑delegate.
(7) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a sub‑delegation in the same way as they apply to a delegation.
200 Limits on how some functions and powers can be delegated
(1) Section 199 does not apply to a function or power under Subdivision E, F or G of Division 1 of Part 2.
(2) Paragraphs 199(1)(c) and (d) and subsections 199(4) to (7) do not apply to the power to appoint an authorised officer under section 217.
(3) Paragraphs 199(1)(c) and (d) and subsection 199(2) do not apply to a power under section 222D.
Subdivision D—Basin Officials Committee
201 Basin Officials Committee
In addition to the functions that the Agreement confers on the Basin Officials Committee, the Basin Officials Committee has the following functions:
(a) to advise the Authority about the performance of the Authority’s functions, including advising about:
(i) engaging the Basin States in the preparation of the proposed Basin Plan and proposed amendments of the Basin Plan; and
(ii) matters referred to the Committee by the Authority;
(b) to facilitate cooperation and coordination between the Commonwealth, the Authority and the Basin States in managing the Basin water resources.
201A Appointment of Chair of the Basin Officials Committee
(1) The Chair of the Basin Officials Committee is to be appointed by the Minister by written instrument.
Note: The Chair of the Basin Officials Committee may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(2) To be eligible for appointment as the Chair of the Basin Officials Committee, an individual must be the Secretary of the Department or an SES employee.
(3) The appointment of the Chair of the Basin Officials Committee is not invalidated merely because of a defect or irregularity in connection with the appointment.
201B Acting Chair of the Basin Officials Committee
(1) The Minister may, by written instrument, appoint an individual to act as the Chair of the Basin Officials Committee.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
(2) To be eligible for appointment to act as the Chair of the Basin Officials Committee, an individual must be the Secretary of the Department or an SES employee.
(3) An individual’s appointment to act as the Chair of the Basin Officials Committee:
(a) does not cease to have effect merely because the Chair’s appointment ceases to have effect; and
(b) if the Chair is replaced by the appointment of another Chair—continues in effect in relation to the new Chair.
(4) An individual appointed to act as the Chair of the Basin Officials Committee may act as, and perform the functions and exercise the powers of, the Chair:
(a) during a vacancy in the office of the Chair, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chair:
(i) is absent from duty or Australia; or
(ii) is, for any reason, unable to attend a meeting of the Basin Officials Committee; or
(iii) is, for any reason, unable to perform the duties of the office.
201C Period of appointment for Chair of the Basin Officials Committee
(1) The Chair of the Basin Officials Committee (including an acting Chair) holds office for the period specified in his or her instrument of appointment.
(2) This section does not affect the operation of section 33A of the Acts Interpretation Act 1901.
Subdivision E—Other advisory committees
202 Basin Community Committee
(1) The Authority must, by writing, establish an advisory committee, to be known as the Basin Community Committee.
Committee’s functions
(2) The Basin Community Committee’s function is to advise the Authority about the performance of the Authority’s functions, including advising about:
(a) engaging the community in the preparation of each draft Basin Plan; and
(b) community matters relating to the Basin water resources; and
(c) matters referred to the Committee by the Authority.
Note: The Basin Community Committee also has the functions conferred on it by the Agreement (see section 18F).
Subcommittees
(3) The Basin Community Committee must establish:
(a) an irrigation subcommittee; and
(b) an environmental water subcommittee; and
(c) an Indigenous water subcommittee, to guide the consideration of Indigenous matters relevant to the Basin’s water resources;
and may establish other subcommittees.
Membership
(4) The Basin Community Committee consists of a Chair and up to 16 other members as the Authority appoints from time to time under subsection 204(1). Any member of the Committee may be the Committee Chair.
Note: For eligibility for appointment, see subsection 204(3).
(5) The Basin Community Committee’s membership must include:
(a) at least one Authority member; and
(b) at least 8 individuals who are water users or representatives of one or more water users; and
(c) at least 2 Indigenous persons with expertise in Indigenous matters relevant to the Basin’s water resources.
(6) The Authority must call for expressions of interest from the public before appointing a member of the Committee under subsection 204(1).
Water users etc.
(7) In this section:
water user means a person who:
(a) is engaged in irrigated agriculture; or
(b) is engaged in environmental water management; or
(c) uses water for industrial purposes; or
(d) uses stock and domestic water; or
(e) is engaged in interception activities with a significant impact (whether on an activity‑by‑activity basis or cumulatively) on water resources.
(8) An instrument under subsection (1) is not a legislative instrument.
203 Other advisory committees
(1) The Authority may, by writing, establish other advisory committees to assist it in performing any of its functions.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(2) An advisory committee established under subsection (1) consists of such individuals as the Authority from time to time appoints under subsection 204(1).
(3) An instrument under subsection (1) is not a legislative instrument.
204 Appointments to advisory committees
(1) Each member of an advisory committee (other than the Basin Officials Committee) is to be appointed by the Authority by written instrument.
Note: An appointee may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(3) To be eligible for appointment as a member of the Basin Community Committee, an individual must be nominated by the Murray‑Darling Basin Ministerial Council and must have a high level of expertise or interest in:
(a) community, indigenous or local government matters relevant to the Basin water resources; or
(b) irrigated agriculture; or
(c) environmental water management.
Note: The Authority must have called for expressions of interest from the public before appointing a member of the Basin Community Committee (see subsection 202(6)).
(4) An instrument of appointment may determine the terms and conditions of the appointment, including remuneration and allowances.
(5) The Authority may, in writing, terminate the appointment at any time.
(6) An appointee may resign his or her appointment by giving the Authority a written resignation. The resignation takes effect on the day it is received by the Authority or, if a later day is specified in the resignation, on that later day.
205 Procedural matters
(1) The Authority may give an advisory committee (other than the Basin Officials Committee) written directions (procedural directions) as to:
(a) the way in which the committee is to carry out its functions; and
(b) procedures to be followed in relation to meetings.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(1A) However, the Basin Community Committee is not subject to direction under subsection (1) in relation to its functions, powers and duties under section 18F.
(2) Before giving a procedural direction about a matter to the Basin Community Committee, the Authority must have regard to any recommendations of that Committee about the matter.
(3) A procedural direction is not a legislative instrument.
Division 4—Authority’s staff etc.
206 Staff
(1) The staff of the Authority must be persons engaged under the Public Service Act 1999.
(2) For the purposes of the Public Service Act 1999:
(a) the Chief Executive and the Authority staff together constitute a Statutory Agency; and
(b) the Chief Executive is the Head of that Statutory Agency.
207 Persons assisting Authority
The Authority may also be assisted:
(a) by employees of Agencies (within the meaning of the Public Service Act 1999); or
(b) by officers and employees of a State; or
(c) by officers and employees of authorities of the Commonwealth or a State;
whose services are made available to the Authority in connection with the performance of any of its functions.
208 Chief Executive not to be directed about certain matters
The Chief Executive is not subject to direction by the Authority in relation to the Chief Executive’s performance of functions, or exercise of powers, under:
(a) the Public Governance, Performance and Accountability Act 2013; or
(b) the Public Service Act 1999;
in relation to the Authority.
208A Chief Executive is accountable authority
Despite subsection 12(2) of the Public Governance, Performance and Accountability Act 2013, the Chief Executive is the accountable authority of the Authority for the purposes of that Act.
Division 5—Finance and reporting requirements
Subdivision A—Murray‑Darling Basin Special Account
209 Murray‑Darling Basin Special Account
(1) The Authority must establish and maintain a fund to be known as the Murray‑Darling Basin Special Account (the Account).
(2) The Account is not a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.
210 Credits to the Account
(1) The Authority must ensure the following are credited to the Account:
(a) such money as is appropriated by the Parliament for the purposes of the Authority, and paid by the Commonwealth to the Authority for the purposes of the Account;
(b) amounts paid by a Basin State to the Authority for the purpose of the performance of the Authority’s functions;
(c) fees paid to the Authority in accordance with section 212;
(d) interest received by the Authority from the investment of an amount standing to the credit of the Account;
(e) amounts received by the Authority in relation to property paid for with amounts debited from the Account;
(f) amounts received by the Authority in relation to assets that vest in the Authority under section 239C;
(g) amounts received by the Authority as refunds or repayments of the whole or part of amounts paid by the Murray‑Darling Basin Commission before the commencement of Schedule 1 to the Water Amendment Act 2008;
(h) amounts of any gifts given or bequests made for the purposes of the Account;
(i) amounts not otherwise covered by this section that are received by the Authority in connection with the performance of the Authority’s functions under this Act or the regulations.
(2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable referred to in paragraph (1)(a) is to be paid to the Authority.
(3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.
(4) In this section:
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
211 Purposes of the Account
The Authority may cause amounts standing to the credit of the Account to be debited for the following purposes:
(a) in payment or discharge of the costs, expenses and other obligations incurred by the Authority in the performance of the Authority’s functions;
(b) in payment of any remuneration and allowances payable to any person under this Act;
(c) meeting the expenses of administering the Account.
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.