Commonwealth Consolidated Acts

WATER ACT 2007 - SECT 86J

             (1)  The Authority has, in connection with:

                     (a)  the performance of its functions and duties under this Part; and

                     (b)  the exercise of its powers under this Part;

such powers in a Basin State that is a referring State, or in the Australian Capital Territory, as it has in connection with the performance of its other functions under this Act.

             (2)  The application of subsection (1) to the Authority's powers under Part 10 in relation to premises in, or information held in, a referring State or the Australian Capital Territory is not limited by section 216 or 219 or by subsection 223(1) or 238(1).

             (3)  Part 10 so applies as if:

                     (a)  references in section 221 to the Authority's functions under section 219 included references to the Authority's functions under this Part; and

                     (b)  for the purposes of Subdivision C of Division 2 of that Part, references in the definition of evidential material in subsection 4(1) to Part 2 included references to this Part; and

                     (c)  references in subsections 224(3) and 225(2) to Part 2 included references to this Part.

             (4)  However:

                     (a)  an authorised officer must not enter premises under Subdivision B of Division 2 of that Part as applied by this section unless he or she reasonably believes this is necessary for the performance of any of the Authority's functions under this Part; and

                     (b)  Subdivision B of Division 2 of that Part as applied by this section does not extend to entering premises for the purposes of:

                              (i)  monitoring compliance with this Part or regulations made for the purposes of this Part; or

                             (ii)  searching for evidential material; and

                     (c)  an authorised officer must not:

                              (i)  enter premises under Subdivision C of Division 2 of that Part as applied by this section; or

                             (ii)  exercise any of the powers described in subsection 223(2);

                            except to the extent that this is reasonably necessary to monitor compliance with provisions of this Part or regulations made for the purposes of this Part; and

                     (d)  the Authority must not require a person to give information under Division 3 of that Part as applied by this section unless the Authority has reason to believe that information relating to either of the following matters:

                              (i)  the preparation and implementation of the Basin Plan in the way provided for in this Part;

                             (ii)  a matter that is relevant to the performance of the Authority's functions under this Part and that is 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).