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WATER AGENCIES (POWERS) ACT 1984 - SECT 42

42 .         Agreements for different liability

        (1)         The Corporation and a person who would be liable to pay a statutory charge (the customer ) may agree that, instead of becoming liable to pay a statutory charge described in the agreement, the customer will become liable as specified in the agreement.

        (2)         The agreement may provide for statutory charge provisions identified in the agreement to apply, with any modifications that may be agreed, in relation to the customer’s agreed liability.

        (3)         The agreement has effect according to its terms, except that a person who is not bound by the agreement cannot be placed in a less favourable position than the person would have been in if the agreement had not been made.

        (4)         In this section —

        agreed liability means the customer’s liability under the agreement that is instead of liability to pay the statutory charge;

        statutory charge means a charge under Division 1A relating to the provision by the Corporation of water services in relation to land;

        statutory charge provisions means provisions of this Act or a relevant Act that would have applied in relation to the customer’s liability to pay a statutory charge if the customer’s agreed liability had not been substituted for it.

        [Section 42 inserted by No. 25 of 2005 s. 60(1).]

[ 43.         Deleted by No. 73 of 1995 s. 26.]

[ 44-48.         Deleted by No. 98 of 1985 s. 3.]

[Divisions 3-5 (s. 49-60) deleted by No. 73 of 1995 s. 26.]

[ 61.         Deleted by No. 73 of 1995 s. 27.]



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