Water (Consequential Amendments) Act 2007
No. 138, 2007
An Act to deal with consequential matters in connection with the Water Act 2007, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Meteorology Act 1955
National Water Commission Act 2004
Trade Practices Act 1974
Water (Consequential Amendments) Act 2007
No. 138, 2007
An Act to deal with consequential matters in connection with the Water Act 2007, and for related purposes
[Assented to 3 September 2007]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Water (Consequential Amendments) Act 2007.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 3 September 2007 |
2. Schedule 1 | At the same time as section 3 of the Water Act 2007 commences. | 3 March 2008 |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Meteorology Act 1955
1 At the end of paragraphs 6(1)(a) to (g)
Add “and”.
2 At the end of subsection 6(1)
Add:
; and (j) such other functions as are conferred on the Bureau by any other Act.
3 Subsection 7(1)
Omit “the last preceding section”, substitute “section 6 (including any of its functions under Part 7 of the Water Act 2007)”.
4 Section 8
Omit “in pursuance of this Act”, substitute “pursuant to this Act or Part 7 of the Water Act 2007”.
National Water Commission Act 2004
5 Paragraph 7(1)(f)
After “function”, insert “conferred by another law of the Commonwealth or”.
Trade Practices Act 1974
6 Subsection 25(1)
After “Telecommunications (Consumer Protection and Service Standards) Act 1999,”, insert “the Water Act 2007,”.
7 Subsection 155(1)
After “(as defined by subsection (9))”, insert “or a designated water matter (as defined by subsection (9A))”.
8 After subsection 155(9)
Insert:
(9A) A reference in this section to a designated water matter is a reference to the performance of a function, or the exercise of a power, conferred on the Commission by or under:
(a) Part 4 of the Water Act 2007; or
(b) regulations made under that Act for the purposes of that Part; or
(c) water charge rules, or water market rules, made under that Part.
[Minister’s second reading speech made in—
House of Representatives on 8 August 2007
Senate on 15 August 2007]
Overview
The Water (Consequential Amendments) Act 2007, enacted by the Parliament of Australia, was introduced to address the consequential matters arising from the implementation of the Water Act 2007. The 2007 Act aims to make necessary amendments to various other Acts to ensure consistency and compatibility with the Water Act 2007. It includes modifications to the Meteorology Act 1955, the National Water Commission Act 2004, and the Trade Practices Act 1974 to reflect the changes introduced by the Water Act 2007. The objective of this legislation is to streamline and harmonise the legal framework surrounding water management in Australia, ensuring that related Acts are updated to align with the new provisions of the Water Act 2007.
Scope and Application
The Water (Consequential Amendments) Act 2007 is a piece of legislation designed to address the consequential matters arising from the implementation of the Water Act 2007, ensuring that related Acts and regulations are aligned with the new water management framework. This Act applies to various entities, including the Bureau of Meteorology under the Meteorology Act 1955, the National Water Commission under the National Water Commission Act 2004, and the Trade Practices Act 1974, which is amended to incorporate designated water matters. The Act's application is nationwide, as it operates within the Commonwealth jurisdiction, thereby affecting water-related functions and responsibilities across Australia. The amendments detailed in Schedule 1 of the Act include modifications to the scope of functions and definitions in the respective Acts, ensuring consistency and integration with the overarching Water Act 2007. The Act's provisions commenced on 3 September 2007, with specific amendments taking effect on 3 March 2008.
Key Provisions
The Water (Consequential Amendments) Act 2007, No. 138, 2007, primarily focuses on making necessary adjustments to existing legislation to ensure consistency and compatibility with the Water Act 2007. Section 1 of the Act establishes that it may be cited as the Water (Consequential Amendments) Act 2007. The Act's commencement is detailed in Section 2, with certain sections taking effect upon Royal Assent on 3 September 2007, while other provisions, particularly those in Schedule 1, commence on 3 March 2008, aligning with the commencement of section 3 of the Water Act 2007. Schedule 1 details the specific amendments to other Acts, including the Meteorology Act 1955, the National Water Commission Act 2004, and the Trade Practices Act 1974, to reflect changes introduced by the Water Act 2007.
The Water (Consequential Amendments) Act 2007 imposes specific obligations on the entities governed by the amended Acts. For instance, the Meteorology Act 1955 now includes additional functions conferred by other Acts, as detailed in the amendments (Schedule 1, items 1 to 3). The National Water Commission Act 2004 is adjusted to clarify the functions conferred by other laws of the Commonwealth or another jurisdiction (Schedule 1, item 5). The Trade Practices Act 1974 is updated to include references to the Water Act 2007 and to define "designated water matters" (Schedule 1, items 6 to 8). These amendments ensure that the relevant Acts are in harmony with the overarching objectives and provisions of the Water Act 2007.
Under the Water (Consequential Amendments) Act 2007, there are no explicit offences or penalties for non-compliance with the Act itself. However, the amended Acts, such as the Meteorology Act 1955, the National Water Commission Act 2004, and the Trade Practices Act 1974, may contain their own provisions for offences, penalties, or other consequences for non-compliance with their respective provisions. For instance, breaches of the Trade Practices Act 1974 can lead to civil penalties, including fines, and criminal penalties, including imprisonment, depending on the nature and severity of the breach. It is essential for entities governed by these Acts to comply with their specific requirements to avoid such consequences.