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WATER ACT 2007 - SECT 222D

Power to require information

  (1)   This section applies to a person that is an agency of the Commonwealth or an agency of a State if the Authority has reason to believe that information (the compellable information ) relating to any of the following matters:

  (a)   the preparation and implementation of the Basin Plan;

  (b)   a matter:

  (i)   relevant to the performance of the Authority's functions; and

  (ii)   specified in regulations made for the purposes of this paragraph;

is in the person's possession, custody or control (whether held electronically or in any other form).

  (2)   The Authority may, in writing, require the person to give specified compellable information to the Authority:

  (a)   within a specified period of time (which must not be less than 14 days after the requirement is made); and

  (b)   in a specified form or manner.

Civil penalty provisions

  (4)   A person is liable to a civil penalty if:

  (a)   the person is subject to a requirement under subsection   (2); and

  (b)   the person fails to comply with the requirement.

Note:   In proceedings against a person for a contravention of a civil penalty provision, it is generally not necessary to prove the person's state of mind (see section   154C).

Civil penalty:   100 penalty units.

  (5)   A person is liable to a civil penalty if:

  (a)   the person is subject to a requirement under subsection   (2); and

  (b)   the person gives information to the Authority in compliance or purported compliance with that requirement; and

  (c)   the person does so knowing that the information:

  (i)   is false or misleading in a material particular; or

  (ii)   omits any matter or thing without which the information is misleading in a material particular.

Note:   A person may commit an offence if the person provides false or misleading information or documents (see sections   137.1 and 137.2 of the Criminal Code ).

Civil penalty:   100 penalty units.

Exception

  (6)   Subsection   (4) does not apply to the extent that the person has a reasonable excuse. However, a person does not have a reasonable excuse 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.

Note:   The person bears an evidential burden in relation to the matter in this subsection   (see section   154E of this Act).


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