Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WATER ACT 2007 (NO. 137, 2007) - SECT 94

Constitutional operation of water charge rules

             (1)  Water charge rules apply to a regulated water charge if one or more of the paragraphs in subsection (2) or (3) are satisfied.

             (2)  This subsection applies if:

                     (a)  the person imposing the charge, or making the demand, is a constitutional corporation; or

                     (b)  the person on whom the charge is imposed, or from whom the charge is demanded, is a constitutional corporation; or

                     (c)  the charge is imposed, or payment of the charge is demanded, in the course of trade and commerce between the States or between a State and a Territory; or

                     (d)  the person who imposes, or demands payment of, the charge does so in a Territory; or

                     (e)  the charge relates to:

                              (i)  a water resource in a Territory; or

                             (ii)  water service infrastructure in a Territory; or

                            (iii)  tradeable water rights in relation to a water resource in a Territory; or

                      (f)  the charge is imposed, or payment of the charge is demanded, using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution).

             (3)  This subsection applies if:

                     (a)  the person imposing, or demanding payment of, the charge does so in a referring State; or

                     (b)  the imposition, or the demand for payment of, the charge has an effect in a referring State; or

                     (c)  the charge relates to:

                              (i)  a water resource in a referring State; or

                             (ii)  water service infrastructure in a referring State; or

                            (iii)  tradeable water rights in relation to a water resource in a referring State.

             (4)  Subsections (2) and (3) (and the paragraphs of each of those subsections):

                     (a)  have effect independently of each other; and

                     (b)  do not limit the operation (if any) that the water charge rules validly have apart from this section.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback