Constitution (Water Authorities) Act 2003 (Vic)

Constitution (Water Authorities) Act 2003

Act No. 37/2003

TABLE OF PROVISIONS

Section Page

1.	Purpose	2
2.	Commencement	2
3.	Principal Act	2
4.	Entrenchment of certain matters	2
5.	New Part VII inserted	4
PART VII—DELIVERY OF WATER SERVICES	4
96.	Definitions	4
97.	Delivery of water services	5

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ENDNOTES 7

i

Victoria

No. 37 of 2003

Constitution (Water Authorities) Act

2003†

[Assented to 11 June 2003]

Preamble

1.  The Parliament recognises the importance to the people of Victoria of the delivery of water services.

2.  In view of that importance, if a publicly owned body that is accountable to a responsible Minister of the Crown has responsibility for ensuring the delivery of a water service, such a body should continue to have that responsibility.

Constitution (Water Authorities) Act 2003

Act No. 37/2003 s. 1

3.  It is therefore desirable that the Parliament enact a law that secures continued public responsibility for ensuring the delivery of water services to the people of Victoria.

The Parliament of Victoria therefore enacts as follows:

1. Purpose

The purpose of this Act is to amend the Constitution Act 1975 so as to entrench the responsibility of public authorities for ensuring the delivery of water services and their accountability to responsible Ministers for ensuring that delivery.

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3. Principal Act

See:

In this Act, the Constitution Act 1975 is called	Act No.
the Principal Act.	8750. Reprint No. 15 as at
1 September 2002 and
amending Act No.
2/2003. LawToday:
dpc.vic.
gov.au

4. Entrenchment of certain matters

(1) In section 18(2) of the Principal Act—

(a) in paragraph (c), after "(4)" insert "or (6)";

(b) after paragraph (f) insert—

"(fa) Part VII; or";

(c) in paragraph (g), for "(f)" substitute "(fa)";

Constitution (Water Authorities) Act 2003

s. 4 Act No. 37/2003

(d) after "varied" insert "or any Bill by which—

(h)	responsibility for ensuring the delivery of a water service (within the meaning of Part VII) may be transferred to a
authority (within the meaning of that

person or body that is not a public responsible Minister of the Crown of such an authority for ensuring the delivery of such a service may be removed—".

(2) After section 18(5) of the Principal Act insert—

"(6) Sub-section (2) does not apply to any Bill

to—

(a)	enable a public authority (within the meaning of Part VII) to enter into an arrangement of any kind with a person
or body (including an independent contractor) relating to the delivery of a water service (within the meaning of that Part); or
(b)	alter the structure, composition or membership of a public authority (within the meaning of Part VII) that
delivery of a water service (within the meaning of that Part) if the alteration does not affect its status or the status of a successor body as such a public authority accountable to a responsible

has responsibility for ensuring the delivery of that service.".

Constitution (Water Authorities) Act 2003

Act No. 37/2003 s. 5

5. New Part VII inserted

After Part VI of the Principal Act insert—

'PART VII—DELIVERY OF WATER SERVICES

96. Definitions
In this Part—
"public authority" means—

(a) a public statutory authority; or

(b)

a Council within the meaning of or

(c)	a company (within the meaning of the Corporations Act) all the shares in which are held by or on behalf of the State; or
(d)	meaning of the Public Sector Management and Employment

an Agency Head within the sole;

"public statutory authority" means a body,

whether corporate or unincorporate,
that is established by or under an Act
for a public purpose but does not
include a company (within the meaning
of the Corporations Act) in which all
the shares are not held by or on behalf

of the State;

"water legislation" means the Water Act

1989, the Water Industry Act 1994 or
the Melbourne and Metropolitan
Board of Works Act 1958;

Constitution (Water Authorities) Act 2003

s. 5 Act No. 37/2003

"water service" means a service relating

to—

(a) water supply; or

(b) sewerage; or

(c) irrigation; or

(d) water collection and storage; or

(e) sewage treatment—

for ensuring the delivery of which a
public authority has responsibility
under water legislation, including under

a licence issued under water legislation.

97. Delivery of water services

(1) If at any time on or after the commencement

of section 5 of the Constitution (Water
Authorities) Act 2003 a public authority has
responsibility for ensuring the delivery of a
water service, that or another public
authority must continue to have that
responsibility.

(2) A public authority that, at any time on or

after the commencement of section 5 of the
Constitution (Water Authorities) Act
2003, has responsibility for ensuring the
delivery of a water service must, while it has
that responsibility, be accountable to a
responsible Minister of the Crown for

ensuring the delivery of that service.

(3) Nothing in this section prevents a public

authority that has responsibility for ensuring the delivery of a water service entering into an arrangement of any kind with a person or body (including an independent contractor) relating to the delivery of that service while itself retaining that responsibility and
remaining accountable to a responsible

Constitution (Water Authorities) Act 2003

Act No. 37/2003 s. 5

Minister of the Crown for ensuring the delivery of that service.

(4) Nothing in this section prevents the making of an alteration to the structure, composition or membership of a public authority that has responsibility for ensuring the delivery of a

water service if the alteration does not affect its status or the status of a successor body as a public authority accountable to a

responsible Minister of the Crown for ensuring the delivery of that service.'.

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Constitution (Water Authorities) Act 2003

Endnotes Act No. 37/2003

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 10 April 2003

Legislative Council: 20 May 2003

The long title for the Bill for this Act was "to amend the Constitution Act 1975 so as to entrench the responsibility of public authorities for ensuring the delivery of water services and their accountability to

responsible Ministers for ensuring that delivery and for other purposes."

Constitution Act 1975:

Special majorities:

Legislative Assembly: 8 May 2003

Legislative Council: 4 June 2003