215S Staff and persons assisting the Inspector‑General
(1) The staff assisting the Inspector‑General are to be persons engaged under the Public Service Act 1999 who are made available by the Secretary.
(2) The Inspector‑General 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 Inspector‑General in connection with the performance of any of the Inspector‑General’s functions.
Division 4—Advisory panels
215T Advisory panels
(1) The Inspector‑General may, by writing, establish advisory panels to assist the Inspector‑General in performing any of the Inspector‑General’s functions.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(2) An advisory panel established under subsection (1) consists of such individuals who are appointed by the Inspector‑General under subsection 215TA(1).
(3) An instrument made under subsection (1) is not a legislative instrument.
215TA Appointment of advisory panels
Appointment of members
(1) Each member of an advisory panel established under subsection 215T(1) is to be appointed by the Inspector‑General by written instrument.
Note: An appointee may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
Terms and conditions of appointment
(2) An instrument of appointment may determine the terms and conditions of the appointment, including remuneration and allowances.
Termination of appointment
(3) The Inspector‑General may, in writing, terminate the appointment of a member of an advisory panel at any time.
Resignation by member
(4) A member of an advisory panel may resign the member’s appointment by giving the Inspector‑General a written resignation. The resignation takes effect on the day it is received by the Inspector‑General or, if a later day is specified in the resignation, on that later day.
215TB Procedural matters
(1) The Inspector‑General may give an advisory panel established under subsection 215T(1) written directions (procedural directions) as to:
(a) the way in which the panel 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.
(2) Before giving a procedural direction about a matter to an advisory panel, the Inspector‑General must have regard to any recommendations of that panel about the matter.
(3) A procedural direction given under subsection (1) is not a legislative instrument.
Division 5—Confidentiality
215U Protection of confidential information
Inspector‑General must protect confidential information
(1) The Inspector‑General must take reasonable measures to protect from unauthorised use or disclosure information:
(a) that is confidential information; and
(b) that is given to the Inspector‑General in, or in connection with, the performance of the Inspector‑General’s functions or the exercise of the Inspector‑General’s 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 purpose of:
(a) performing functions or exercising powers as:
(i) the Inspector‑General; or
(ii) a member of the Inspector‑General’s staff; or
(iii) a delegate of the Inspector‑General; or
(iv) an authorised compliance officer; or
(v) a person who is authorised to perform a function or exercise a power of, or on behalf of, the Inspector‑General; or
(b) the performance of functions or exercise of powers by the person by way of assisting the Inspector‑General or a delegate of the Inspector‑General;
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 subsection (2), (3), (4) or (5), or in regulations made for the purposes of subsection (6), limits:
(a) anything else in any of those subsections or those regulations; or
(b) what may otherwise constitute, for the purposes of subsection (1), authorised use or disclosure of information.
215UA Disclosure of information to the Authority, the Minister or the Secretary of the Department
(1) This section applies to information obtained in, or in connection with, the performance of the Inspector‑General’s functions or the exercise of the Inspector‑General’s powers.
Authorisation to disclose information to the Authority
(2) The Inspector‑General may disclose the information to the Authority for the purposes of, or in connection with, the performance of the functions or the exercise of the powers of the Authority.
Note: This subsection constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law).
Authorisation to disclose information to the Minister or the Secretary of the Department
(3) The Inspector‑General 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: This subsection constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law).
Disclosure of confidential information
(4) Disclosure of confidential information that is permitted under subsection (2) is authorised use and disclosure of the information for the purposes of subsection 215U(1).
215UB Disclosure for purposes of enforcement or administration of Commonwealth or State laws
(1) This section applies to information obtained in, or in connection with, the performance of the Inspector‑General’s functions or the exercise of the Inspector‑General’s powers.
Disclosure to enforcement bodies
(2) The Inspector‑General may disclose the information to an enforcement body if the Inspector‑General reasonably believes that the disclosure is reasonably necessary for, or directly related to, one or more enforcement related activities of the enforcement body.
Note: This subsection constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law).
Disclosure to Bureau and ACCC
(2A) The Inspector‑General may disclose the information to the Bureau and the ACCC if the Inspector‑General reasonably believes that the disclosure is reasonably necessary for, or directly related to, the performance of the functions or the exercise of the powers of the Bureau or the ACCC under this Act.
Note: This subsection constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law).
Disclosure to Commonwealth or State agencies
(3) The Inspector‑General may disclose the information to an agency of the Commonwealth or an agency of a State for the purpose of the administration of a law of the Commonwealth or a State that applies to the management of Basin water resources.
Note: This subsection constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law).
Disclosure of confidential information
(4) Disclosure of confidential information that is permitted under subsection (2) or (3) is authorised use and disclosure of the information for the purposes of subsection 215U(1).
215UC Commonwealth agency may disclose information to the Inspector‑General
An agency of the Commonwealth, or a member of the staff of an agency of the Commonwealth, may 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.
Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law).
215UD Information disclosed must not identify individual who wishes to remain anonymous
If:
(a) an individual voluntarily gives information to the Inspector‑General; and
(b) the individual requests that the individual remain anonymous;
then information disclosed under this Division must not include material identifying the individual or material that could be used to identify the individual.
Division 6—Guidelines and standards
215V Inspector‑General may issue guidelines
(1) The Inspector‑General may, in writing, issue guidelines relating to the performance by agencies of the Commonwealth and agencies of the Basin States of their obligations (water management obligations) in relation to the management of Basin water resources under the following:
(a) this Act (other than Parts 1A, 2A, 4, 4A, 10A and 11A);
(b) 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, 10A or 11A);
(c) the Basin Plan;
(d) water resource plans.
(2) Without limiting subsection (1), guidelines issued under that subsection may relate to any of the following:
(a) reporting compliance activities carried out by agencies of the Basin States relating to their water management obligations;
(b) assessing the effectiveness of the regulatory frameworks in the Basin States for managing their water management obligations;
(c) any other matter prescribed by the regulations.
(3) Guidelines issued under subsection (1) are not a legislative instrument.
(4) The Inspector‑General must publish guidelines issued under subsection (1) on the Inspector‑General’s website or the Department’s website.
(5) In performing its water management obligations, an agency of the Commonwealth or an agency of a Basin State must have regard to guidelines (if any) issued under subsection (1).
215VA Inspector‑General may issue standards relating to measuring water taken from Basin water resources
(1) The Inspector‑General may, by legislative instrument, issue standards relating to measuring water taken from Basin water resources in water resource plan areas.
(2) In performing its obligations in relation to the management of Basin water resources, an agency of the Commonwealth or an agency of a Basin State must have regard to the standards (if any) issued under subsection (1).
215VB Consultation in preparing guidelines or standards
(1) The Inspector‑General must consult the Basin States, and have regard to any submissions made by the Basin States in connection with the consultation, in preparing guidelines under section 215V or standards under section 215VA.
(2) In preparing guidelines under section 215V or standards under section 215VA, the Inspector‑General may undertake such other consultation as the Inspector‑General considers appropriate.
Division 7—Miscellaneous
215W Delegation
(1) The Inspector‑General may, in writing and subject to subsections (2), (3) and (4), delegate all or any of the Inspector‑General’s functions and powers under this Act to an APS employee in the Department.
(2) The Inspector‑General must not delegate the Inspector‑General’s functions and powers under the following provisions:
(a) Division 3B of Part 2 (audits);
(b) Division 2 of Part 9A (other than subsections 215E(4) and 215G(2)) (annual work plans);
(c) Division 4 of Part 9A (advisory panels);
(d) Division 6 of Part 9A (other than subsection 215V(4)) (guidelines);
(e) section 215Y (annual report);
(f) section 239AA (conducting an inquiry);
(g) subsection 239AB(1) (determining terms of reference for an inquiry);
(h) subsection 239AC(2) (requiring a person to give information);
(i) subsection 239AD(2) (requiring a person to appear to answer questions);
(j) section 239AE (reporting on an inquiry).
(3) The Inspector‑General may delegate the Inspector‑General’s functions or powers under the following provisions only to an SES employee or an acting SES employee:
(a) a provision in Part 8 (enforcement);
(b) section 215UA (disclosing information to the Authority, Minister or Secretary);
(c) section 222G (appointing an authorised compliance officer);
(d) section 233G (applying to retain seized thing);
(e) section 233H (disposing of seized thing);
(f) section 238 (requiring information to be produced);
(g) subsection 239AD(8) (giving a written record of answers).
(4) The Inspector‑General may delegate the Inspector‑General’s functions or powers under the following provisions only to an SES employee or an acting SES employee, or an APS employee who holds, or performs the duties of, an Executive Level 2, or equivalent, position in the Department:
(a) subsection 73E(1) (giving notice to the appropriate agency of a State of the intention to take action in relation to an alleged contravention of section 73A or 73B);
(b) subsection 215UB(2) (disclosing information to an enforcement body);
(ba) subsection 215UB(2A) (disclosure of information);
(c) subsection 215UB(3) (disclosing information to an agency of the Commonwealth or an agency of a State).
Note: The expressions APS employee, SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
(5) In performing any functions or exercising any powers under a delegation under subsection (1), the delegate must comply with any written directions of the Inspector‑General.
215X Protection from liability
(1) This section applies to the following persons (protected persons):
(a) the Inspector‑General;
(b) an authorised compliance officer;
(c) a delegate of the Inspector‑General;
(d) a person who is authorised to perform a function or exercise a power of, or on behalf of, the Inspector‑General;
(e) a person assisting the Inspector‑General or a person referred to in paragraph (c) or (d) in performing the Inspector‑General’s functions or exercising the Inspector‑General’s powers.
(2) A protected person is not liable to civil proceedings for loss, damage or injury of any kind suffered by another person as a result of anything done by the protected person in good faith in the performance or purported performance of a function or duty conferred by this Act, or the exercise or purported exercise of a power conferred by this Act.
215Y Annual report
(1) The Inspector‑General must, as soon as practicable after the end of each financial year, prepare a report (an annual report) on the activities of the Inspector‑General during the financial year.
Note: Certain material must not be included in an annual report (see section 239AG).
(2) As soon as practicable after preparing an annual report, the Inspector‑General must:
(a) give the report to the Minister; and
(b) publish the report on the Inspector‑General’s website or the Department’s website.
Note: Section 34C of the Acts Interpretation Act 1901 applies to a report given to the Minister under this subsection.
(3) The Minister must cause a copy of each annual report to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
215Z Review of the role of the Inspector‑General
(1) The Minister must cause a review of the role of the Inspector‑General to be conducted during the financial year beginning on 1 July 2025.
(2) The terms of reference for the review are to be determined by the Minister in consultation with the Basin States.
(3) The review must be undertaken in consultation with the Basin States.
(4) The Minister must cause to be prepared a written report of the review.
(5) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.
Part 10—Murray‑Darling Basin Authority (special powers)
Note: Section 9 clarifies the constitutional basis for this Part.
Division 2—Entry onto land etc.
Subdivision A—Authorised officers
217 Appointment of authorised officers
(1) The Authority may, by writing, appoint one or more individuals to be authorised officers for the purposes of exercising the powers of an authorised officer under this Division.
(2) To be eligible for appointment as an authorised officer, an individual must:
(a) be any of the following:
(i) an APS employee;
(ii) an individual whose services are made available to the Authority under section 207;
(iii) an individual who holds an office or position with a State or an authority of a State;
(iv) an individual whose services have been acquired by the Authority under contract; and
(b) have a high level of expertise in one or more fields relevant to the performance of an authorised officer’s duties under this Division.
(3) The Authority may appoint a person mentioned in subparagraph (2)(a)(iii) only if the State or authority agrees to the appointment.
(4) In exercising powers or performing functions as an authorised officer, an authorised officer must comply with any written directions of the Authority.