Note: The corporate plan that is approved by the Murray‑Darling Basin Ministerial Council under the Agreement is prepared by the Authority. Any amendment of that plan must also be prepared by the Authority and approved by the Ministerial Council.
(3) The Chief Executive must give a copy of the variation to the Minister.
Subdivision D—Reporting requirements
214 Annual report
(1) The annual report prepared by the Chief Executive and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must also be given to each other member of the Murray‑Darling Basin Ministerial Council.
(2) Despite that section, the Chief Executive must give the annual report to the Minister as soon as practicable after the end of the period.
(3) The report must include:
(b) particulars of all directions given by the Minister under section 175 during the period; and
(c) information about the Authority’s activities during the period, including information about any matters on which the Authority is required to report under the Agreement.
Division 6—Confidentiality
215 Protection of confidential information
Authority must protect confidential information
(1) The Authority must take reasonable measures to protect from unauthorised use or disclosure information:
(a) that is confidential information; and
(b) that is given to the Authority in, or in connection with, the performance of its functions or the exercise of its powers.
Authorised uses and disclosures
(2) For the purposes of subsection (1), the disclosure of summaries of information or statistics derived from information is authorised use and disclosure of the information provided that information relating to any particular person cannot be found out from those summaries or statistics.
(3) For the purposes of subsection (1), the disclosure of information as required or permitted by a law of the Commonwealth or a prescribed law of a State is taken to be authorised use and disclosure of the information.
(4) For the purposes of subsection (1), the disclosure of information to either of the following is authorised use and disclosure of the information:
(a) the Minister;
(b) the Secretary of the Department, or an officer or employee in the Department, for the purpose of advising the Minister.
(5) For the purposes of subsection (1), the disclosure of information by a person for the purposes of:
(a) performing the person’s functions as:
(i) an Authority member; or
(ii) a member of the Authority staff; or
(iii) an Authority delegate; or
(iv) an authorised officer; or
(v) a person who is acting as an Authority member or as a member of the Authority staff; or
(vi) a person who is authorised to perform or exercise a function or power of, or on behalf of, the Authority; or
(b) the performance of functions or services by the person by way of assisting an Authority delegate;
is taken to be authorised use and disclosure of the information.
(6) Regulations made for the purposes of this subsection may specify uses of information and disclosures of information that are authorised uses and authorised disclosures for the purposes of subsection (1).
(7) Nothing in any of subsections (2), (3), (4) and (5), and in regulations made for the purposes of subsection (6), limits:
(a) anything else in any of those subsections or in those regulations; or
(b) what may otherwise constitute, for the purposes of subsection (1), authorised use or disclosure of information.
215A Disclosure of information to the Minister or the Secretary of the Department
(1) This section applies to information obtained in, or in connection with, the performance of the Authority’s functions or the exercise of the Authority’s powers.
Authorisation to disclose information to Minister or the Secretary of Department
(2) The Authority may disclose the information to:
(a) the Minister; or
(b) the Secretary of the Department, or an officer or employee in the Department, for the purpose of advising the Minister.
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 Authority 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).
Part 9A—Inspector‑General of Water Compliance (administrative provisions)
Division 1—Inspector‑General of Water Compliance: establishment and functions
215B Inspector‑General of Water Compliance
There is to be an Inspector‑General of Water Compliance.
215C Functions of the Inspector‑General
(1) The Inspector‑General has the following functions:
(a) to monitor and provide independent oversight of the performance of functions and exercise of powers by agencies of the Commonwealth under the following:
(i) this Act (other than Parts 1A, 2A, 4, 4A, 5, 10A, 10AC and 11A);
(ii) regulations and other legislative instruments made under this Act (other than regulations or other legislative instruments made for the purposes of Part 1A, 2A, 4, 4A, 5, 10A, 10AC or 11A);
(iii) the Basin Plan;
(iv) water resource plans;
(b) to monitor and provide independent oversight of the performance by agencies of the Basin States of their obligations in relation to the management of Basin water resources under the following:
(i) this Act (other than Parts 1A, 2A, 4, 4A, 5, 10A, 10AC and 11A);
(ii) regulations and other legislative instruments made under this Act (other than regulations or other legislative instruments made for the purposes of Part 1A, 2A, 4, 4A, 5, 10A, 10AC or 11A);
(iii) the Basin Plan;
(iv) water resource plans;
(c) to monitor and provide independent oversight of the implementation by agencies of the Commonwealth and agencies of the Basin States of the commitments in the agreements referred to in subsection (3);
(d) to engage with the Australian community in relation to the management of Basin water resources;
(e) functions conferred on the Inspector‑General by:
(i) Part 8 (enforcement); and
(ii) Part 10AA (special powers); and
(iii) Part 10AB (inquiry powers);
(f) any other functions conferred on the Inspector‑General by this Act, the Basin Plan or any other legislative instrument made under this Act;
(g) to do anything incidental to, or conducive to, the performance of the above functions.
(2) The Inspector‑General’s functions under subsection (1) do not include monitoring and providing independent oversight of the performance of functions or exercise of powers:
(a) by the ACCC in giving advice:
(i) for the purposes of subsection 42(2) or 46(2) (relating to the water trading rules); or
(ii) under subsection 212(2) (relating to fees the Authority may charge for its services); or
(ab) by the ACCC under Part 8; or
(b) by the Productivity Commission in conducting an inquiry into a matter referred to the Productivity Commission under section 87 or 88.
Basin agreements
(3) For the purposes of paragraph (1)(c), the agreements are the following agreements (including any amendments of those agreements):
(a) the Murray‑Darling Basin Compliance Compact entered into in June 2018;
(b) the Intergovernmental Agreement on Implementing Water Reform in the Murray‑Darling Basin entered into in June 2013;
(c) the National Partnership Agreement on Implementing Water Reform in the Murray‑Darling Basin entered into in February 2014;
(d) the Project Agreement for Murray‑Darling Basin Water Infrastructure, New South Wales‑Led Efficiency Projects entered into in August 2019;
(e) the Project Agreement for Murray‑Darling Basin Water Infrastructure, South Australia‑Led Efficiency Projects entered into in March 2019;
(f) the Project Agreement for Murray‑Darling Basin Water Infrastructure, Australian Capital Territory‑Led Efficiency Projects entered into in May 2019;
(g) the Murray‑Darling Basin Plan 2012 Implementation Agreement entered into in August 2013;
(h) the Intergovernmental Agreement on Federal Financial Relations entered into in July 2011, to the extent that it relates to:
(i) the National Partnership Agreement on Implementing Water Reform in the Murray‑Darling Basin entered into in February 2014; and
(ii) project agreements relating to Basin water resources;
(i) the Intergovernmental Agreement on a National Water Initiative entered into in June 2004, to the extent that it relates to Basin water resources;
(j) any other agreement that:
(i) is entered into by the Authority, or the Commonwealth Environmental Water Holder, and one or more Basin States; and
(ii) is prescribed by the regulations for the purposes of this paragraph;
(k) any other agreement that:
(i) is entered into by the Commonwealth and one or more Basin States; and
(ii) is prescribed by the regulations for the purposes of this paragraph.
Note 1: The Compact referred to in paragraph (3)(a) and the Agreement referred to in paragraph (3)(g) could in 2021 be viewed on the Authority’s website (http://www.mdba.gov.au).
Note 2: The Agreements referred to in paragraphs (3)(b) to (f) and (i) could in 2021 be viewed on the Productivity Commission’s website (http://www.pc.gov.au).
215D Minister may give directions to Inspector‑General
(1) The Minister may give directions, which must be consistent with the objects of this Act, to the Inspector‑General about the performance of the Inspector‑General’s functions.
Note: See also subsection 239AA(2) which provides for the Minister to direct the Inspector‑General to conduct an inquiry into a particular matter.
(2) However, the Inspector‑General is not subject to direction under subsection (1) in relation to any of the following:
(a) the exercise of a power under Division 3B of Part 2 (audits);
(b) the performance of a function that is conferred by section 86K (enforcement of Part 2A);
(ba) the exercise of a power under Part 7A (water markets information);
(c) the exercise of a power under Part 8 (enforcement);
(d) the monitoring of compliance with, or the investigation of possible contraventions of, a designated compliance provision;
(e) the exercise of a power under Division 3 of Part 10AA (information gathering).
(3) The Inspector‑General must comply with a direction under subsection (1).
(4) A direction given under subsection (1) is not a legislative instrument.
Division 2—Annual work plans
215E Inspector‑General must prepare annual work plan
(1) The Inspector‑General must prepare a work plan, in writing, for each financial year.
(2) The work plan for a financial year must set out the key outcomes and priorities for the Inspector‑General for the financial year.
(3) A work plan for a financial year is not a legislative instrument.
(4) The Inspector‑General must publish the work plan for a financial year on the Inspector‑General’s website or the Department’s website as soon as practicable after it has been finalised.
215F Review of annual work plan
(1) The Inspector‑General must review the work plan for the Inspector‑General for a financial year at least once during the financial year.
(2) The review must consider whether the work plan continues to be appropriate having regard to:
(a) the nature of the functions to be performed by the Inspector‑General during the financial year; and
(b) the resources available to perform those functions.
215G Variation of annual work plan
(1) The Inspector‑General may vary the work plan for the Inspector‑General for a financial year:
(a) to take account of the findings of a review of the work plan conducted under section 215F; or
(b) if the Inspector‑General considers the variation is necessary for any other reason.
(2) The Inspector‑General must publish the work plan, as varied, on the Inspector‑General’s website or the Department’s website as soon as practicable after the work plan has been varied.
(3) A varied work plan is not a legislative instrument.
Division 3—Administrative provisions
215J Appointment
(1) The Inspector‑General is to be appointed by the Governor‑General by written instrument.
Note: The Inspector‑General may be reappointed, subject to subsection 215K(2) (see section 33AA of the Acts Interpretation Act 1901).
(2) The Inspector‑General is to be appointed on a full‑time basis.
(3) To be eligible for appointment as the Inspector‑General, an individual must, at the time of appointment:
(a) have a high level of expertise in one or more fields relevant to the Inspector‑General’s functions; and
(b) not be a member of the governing body of a relevant interest group.
Note: For member of the governing body of a relevant interest group, see subsection 178(4).
215JA Acting appointments
The Minister may, by written instrument, appoint a person to act as the Inspector‑General:
(a) during a vacancy in the office of Inspector‑General (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Inspector‑General:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
215K Term of office
(1) The Inspector‑General holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.
(2) The Inspector‑General must not hold office for a total of more than 8 years.
215KA Application of finance law
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013), the Inspector‑General is an official of the Department.
215L Remuneration
(1) The Inspector‑General is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Inspector‑General is to be paid the remuneration that is determined under subsection (5).
(2) The Inspector‑General is to be paid the allowances that are determined under subsection (5).
(3) Subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of the Inspector‑General of Water Compliance.
Note: The effect of this subsection is that remuneration or allowances of the Inspector‑General will be paid out of money appropriated by an Act other than the Remuneration Tribunal Act 1973.
(4) This section has effect subject to the Remuneration Tribunal Act 1973 (except as provided by subsection (3)).
(5) The Minister may, by legislative instrument, determine:
(a) remuneration for the purposes of subsection (1); and
(b) allowances for the purposes of subsection (2).
215LA Leave of absence for Inspector‑General
(1) The Inspector‑General has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant the Inspector‑General leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
215M Engaging in other paid work
The Inspector‑General must not engage in paid work outside the duties of the Inspector‑General’s office without the Minister’s approval.
215N Disclosure of interests
(1) The Inspector‑General must give written notice to the Minister of all interests, pecuniary or otherwise, that the Inspector‑General has or acquires and that could conflict with the proper performance of the Inspector‑General’s functions.
(2) Subsection (1) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.
215P Other terms and conditions
The Inspector‑General holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
215Q Resignation
(1) The Inspector‑General may resign the Inspector‑General’s appointment by giving the Governor‑General a written resignation.
(2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.
215R Termination of appointment
(1) The Governor‑General may terminate the appointment of the Inspector‑General:
(a) for misbehaviour; or
(b) if the Inspector‑General is unable to perform the duties of the Inspector‑General’s office because of physical or mental incapacity.
(2) The Governor‑General may terminate the appointment of the Inspector‑General if:
(a) the Inspector‑General:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the Inspector‑General’s creditors; or
(iv) makes an assignment of the Inspector‑General’s remuneration for the benefit of the Inspector‑General’s creditors; or
(b) the Inspector‑General is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the Inspector‑General engages, except with the Minister’s approval, in paid work outside the duties of the Inspector‑General’s office (see section 215M); or
(d) the Inspector‑General fails, without reasonable excuse, to comply with subsection 215N(1) (which deals with the duty to disclose interests, pecuniary or otherwise, that the Inspector‑General has or acquires and that could conflict with the proper performance of the Inspector‑General’s functions); or
(e) the Inspector‑General fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.