Div 2Technical Regulator

Division 2—Technical Regulator 8—Technical Regulator (1) There is to be a Technical Regulator. (2) The Technical Regulator will be appointed by the Minister. (3) The office of Technical Regulator may be held in conjunction with a position in the Public Service. (4) The Minister may assign an employee in the Public Service to act as the Technical Regulator— (a) during a vacancy in the office of Technical Regulator; or (b) when the Technical Regulator is absent from, or unable to discharge, official duties. 9—Functions of Technical Regulator The Technical Regulator has the following functions: (a) to develop technical standards in connection with the water industry; (b) to monitor and regulate technical standards with respect to— (i) water and sewerage installations and associated equipment, products and materials (including on the customer's side of any connection point); and (ii) plumbing; (c) to provide advice in relation to safety or technical standards— (i) in the water industry to the Commission at the Commission's request; and (ii) in the plumbing industry; (d) any other function assigned to the Technical Regulator under this or any other Act or conferred by regulation under this Act. 10—Delegation (1) The Technical Regulator may delegate a function or power conferred on the Technical Regulator under this Act— (a) to a particular person or body; or (b) to the person for the time being occupying a particular office or position. (2) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. (3) A delegation— (a) may be subject to conditions or limitations specified in the instrument of delegation; and (b) does not derogate from the power of the Technical Regulator to act in a matter; and (c) is revocable at will by the Technical Regulator. (4) The Technical Regulator must keep a public register of delegations under this section. (5) In any legal proceedings an apparently genuine certificate, purportedly given by the Technical Regulator, containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars. 11—Technical Regulator's power to require information (1) The Technical Regulator may, by written notice, require a person to give the Technical Regulator, within a time stated in the notice (which must be reasonable), the information in the person's possession that the Technical Regulator reasonably requires for the performance of the Technical Regulator's functions (whether under this Act or any other Act). (2) A person required to give information under this section must provide the information within the time stated in the notice. (3) A person is not required to give information under this section if the information might tend to incriminate the person of an offence. 12—Obligation to preserve confidentiality (1) The Technical Regulator must preserve the confidentiality of information gained by the Technical Regulator (including information gained by an authorised officer under this Act) that— (a) could affect the competitive position of a water industry entity or other person; or (b) is commercially sensitive for some other reason. (2) Despite subsection (1), the Technical Regulator may disclose confidential information in the following circumstances: (a) as reasonably required in connection with the administration or enforcement of this Act (including to the Minister, the Commission and persons assisting the Commission), or as otherwise related to the performance of the Technical Regulator's functions (whether under this Act or any other Act); (b) to a person concerned in the administration or enforcement of another law of the State, or a law of the Commonwealth or another State or Territory of the Commonwealth, for the purposes related to the administration or operation of that other law; (c) to a government agency or instrumentality of this State, the Commonwealth or another State or Territory of the Commonwealth for purposes related to the performance of its functions (or to a person acting on behalf of such a government agency or instrumentality); (d) with the consent of the person who gave the information or to whom the information relates; (e) as required by a court or tribunal constituted by law; (f) as authorised by the Minister. (3) Information classified by the Technical Regulator as confidential is not liable to disclosure under the Freedom of Information Act 1991. 13—Annual report (1) The Technical Regulator must, within 3 months after the end of each financial year, deliver to the Minister a report on the Technical Regulator's operations during that financial year. (2) The Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after receipt of the report.