Water (Register of Interests) Regulations 2020 (Vic)

Version No. 001

Water (Register of Interests) Regulations 2020

S.R. No. 75/2020

Version as at

22 July 2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Definitions

6Primary return

7Ordinary return

8Inspection of register of interests

9Expiry

Schedule 1

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Water (Register of Interests) Regulations 2020

S.R. No. 75/2020

Version as at

22 July 2020

1Objective

The objective of these Regulations is to prescribe the form of returns for, and applications to inspect, the register of interests.

2Authorising provision

These Regulations are made under section 324 of the Water Act 1989.

3Commencement

These Regulations come into operation on 22 July 2020.

4Revocation

The Water (Register of Interests) Regulations 2010[1] are revoked.

5Definitions

In these Regulations—

district, in relation to a water corporation, means any irrigation district, sewerage district, water supply district or waterway management district of a water corporation;

register of interests means a register required to be maintained by a water corporation under section 115(1) of the Act;

registrable interest means an interest of a member of the board of directors of a water corporation or a nominated officer of a water corporation which must be disclosed by the member or nominated officer in a return required to be submitted under section 113 of the Act;

the Act means the Water Act 1989.

6Primary return

For the purpose of section 113(1) and (3) of the Act, the prescribed form of a primary return is Form 1 in Schedule 1.

7Ordinary return

For the purpose of section 113(4) of the Act, the prescribed form of an ordinary return is Form 2 in Schedule 1.

8Inspection of register of interests

For the purpose of section 115(2) of the Act, an application by a person to inspect the register of interests must be made in accordance with Form 3 in Schedule 1.

9Expiry

These Regulations expire on 3 August 2021.

Schedule 1

FORM 1

Regulation 6

Water Act 1989 (Section 113(1) and (3))

PRIMARY RETURN

(Surname of member or nominated officer)

(Given names of member or nominated officer)

(Name of water corporation)

Details of registrable interests as at the date of this return:

1.   The name of any company or other body, corporate or unincorporate, in which you held any office whether as director or otherwise at the date of this return.

2.   The name or description of any company, partnership, association or other body in which you hold a beneficial interest exceeding $2000 in value.

3.   The address or description of any land in a district of the water corporation or in a district which adjoins a district of the water corporation in which you hold any beneficial interest (other than by way of security for any debt).

4.   A concise description of any trust in which you hold a beneficial interest or of which you are a trustee and in which a relative holds a beneficial interest.

5.   Any other substantial interest (whether of a pecuniary nature or not) of yours or of a relative of which you are aware and which you ought reasonably to consider might appear to raise a material conflict between your private interest and your public duty as a member or nominated officer (as the case may be).

Signature of person making return:

Date:

FORM 2

Regulation 7

Water Act 1989 (Section 113(4))

ORDINARY RETURN

(Surname of member or nominated officer)

(Given names of member or nominated officer)

(Name of water corporation)

Details of registrable interests in relation to the return period:

1.   The name of any company or other body, corporate or unincorporate, in which you held an office as director or otherwise.

2.   The name or description of any company, partnership, association or other body in which you hold a beneficial interest exceeding $2000 in value.

3.   The address or description of any land in a district of the water corporation or in a district which adjoins a district of the water corporation in which you hold any beneficial interest (other than by way of security for any debt).

4.   A concise description of any trust in which you hold a beneficial interest or of which you are a trustee and in which a relative holds a beneficial interest.

5.   Particulars of any gift of $2000 or more in value received by you from a person other than a relative.

6.   Any other substantial interest (whether of a pecuniary nature or not) of yours or of a relative, of which you are aware and which you ought reasonably to consider might appear to raise a material conflict between your private interest and your public duty as a member or nominated officer (as the case may be).

7.   If you have previously submitted one or more ordinary returns you must disclose in any subsequent ordinary return, any change in the information disclosed in the last return and any additional information in respect of a registrable interest.

Signature of person making return:

Date:

FORM 3

Regulation 8

Water Act 1989 (Section 115(2))

APPLICATION TO INSPECT REGISTER OF INTERESTS

(Surname)  (Given names)

(Address)  (Postcode)

Telephone Number:

I, the undersigned, apply under section 115 of the Water Act 1989, to the (name of water corporation) to inspect the register of interests maintained under section 115 of the Act relating to:

(Name(s) of person(s) whose return(s) is/are to be inspected).

(Signed)  (Dated)

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Water (Register of Interests) Regulations 2020, S.R. No. 75/2020 were made on 21 July 2020 by the Governor in Council under section 324 of the Water Act 1989, No. 80/1989 and came into operation on 22 July 2020: regulation 3.

The Water (Register of Interests) Regulations 2020 will expire on 3 August 2021: see regulation 9.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Water (Register of Interests) Regulations 2020 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

[1] Reg. 4: S.R. No. 71/2010.