the person engages in conduct; and

the conduct results in water being taken from a water resource; and

a water resource plan for a water resource plan area applies to the water resource; and

(d) the taking of the water would constitute a contravention of the law of a State if any fault element or state of mind requirement were to be satisfied in relation to the taking of the water (the potential State contravention).

recklessness applies to paragraph (1)(b); and

strict liability applies to paragraphs (1)(c) and (d).

for an individual—1,000 penalty units; or

for a body corporate—10,000 penalty units.

(a) unless paragraph (b) applies, the person (the owner) who owned the land at any time when the water was taken; or

if a person other than the owner occupied the land at all times when the water was taken—that person.

the first person may rely on an exception, exemption, excuse, qualification or justification referred to in subsection (7) if the exception, exemption, excuse, qualification or justification does not involve determining the first person’s state of mind; and

if the first person wishes to rely on such an exception, exemption, excuse, qualification or justification, the first person bears an evidential burden in relation to that matter.

the person engages in conduct; and

the conduct results in water being taken from a water resource; and

a water resource plan for a water resource plan area applies to the water resource; and

(d) the taking of the water would constitute a contravention of the law of a State if any fault element or state of mind requirement were to be satisfied in relation to the taking of the water (the potential State contravention); and

any of the following circumstances exists:

tier 3 water sharing arrangements are in place when the water is taken;

the water is taken from a place that is downstream from where held environmental water is, or was, being delivered during a period of environmental watering, and the taking of some or all of the water occurred within the period of 60 days starting on the first day the held environmental water started to be delivered;

the circumstance in paragraph 6.12(1)(a) of the Basin Plan exists in relation to the surface water SDL resource unit from which the water is taken, and at the time the water is taken the State is taking, or is proposing to take, steps of the kind referred to in subsection 6.12(5) of the Basin Plan in relation to that circumstance;

the circumstance in paragraph 6.12C(1)(a) of the Basin Plan exists in relation to the groundwater SDL resource unit from which the water is taken, and at the time the water is taken the State is taking, or is proposing to take, steps of the kind referred to in subsection 6.12C(5) of the Basin Plan in relation to that circumstance;

the taking of the water significantly contributes to, or is likely to significantly contribute to, harm to the environment in a State other than the State where the water was taken;

the taking of the water significantly contributes to, or is likely to significantly contribute to, serious harm to the environment;

the water is taken from a wetland (including declared Ramsar wetlands) that is protected under a law of the Commonwealth or a law of a State.

recklessness applies to paragraphs (1)(b) and (e); and

strict liability applies to paragraphs (1)(c) and (d).

the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (2) of this section; and

the trier of fact is satisfied that the defendant is guilty of the offence against subsection 73A(2); and

the defendant has been accorded procedural fairness in relation to that finding of guilt.

for an individual—5,000 penalty units; or

for a body corporate—50,000 penalty units.

(a) unless paragraph (b) applies, the person (the owner) who owned the land at any time when the water was taken; or

if a person other than the owner occupied the land at all times when the water was taken—that person.

the first person may rely on an exception, exemption, excuse, qualification or justification referred to in subsection (8) if the exception, exemption, excuse, qualification or justification does not involve determining the first person’s state of mind; and

if the first person wishes to rely on such an exception, exemption, excuse, qualification or justification, the first person bears an evidential burden in relation to that matter.

paragraph 1 of Article 3 and paragraph 1 of Article 4 of the Ramsar Convention; and

subparagraphs (a), (c) to (e) and (k) of Article 8 and subparagraph (a) of Article 10 of the Biodiversity Convention.

conduct by a constitutional corporation; or

conduct by another person that affects the activities of a constitutional corporation.

with other countries; or

among the States; or

between a State and a Territory.

the Inspector-General intends to take action under Part 8 or 10AA in relation to the alleged contravention; and

the appropriate agency of the State may, within 28 days after receiving the notice, notify the Inspector-General, in writing, that the appropriate agency of the State is investigating or taking other enforcement action in relation to the conduct constituting the alleged contravention.

under subsection (1), the Inspector-General gives the appropriate agency of a State a written notice in relation to an alleged contravention; and

within 28 days after receiving the notice, the appropriate agency of the State notifies the Inspector-General, in writing, under paragraph (1)(b);

withdraws the notification by written notice to the Inspector-General; or

requests the Inspector-General, in writing, to take action under Part 8 or 10AA in relation to the relevant alleged contravention;

the person is required to give a notification under subsection 12.30(1) of the Basin Plan; and

the person fails to give the notification in accordance with subsection 12.30(2) of the Basin Plan.

the person is required to give a notification under subsection 12.48(1) or (2) of the Basin Plan; and

the person fails to give the notification in accordance with subsection 12.48(3) of the Basin Plan.

for an individual—1,000 penalty units; or

for a body corporate—10,000 penalty units.

relevant contravening conduct by a constitutional corporation;

relevant contravening conduct by another person that affects the activities of a constitutional corporation;

relevant contravening conduct that takes place in the course of trade and commerce:

among the States; or

between a State and a Territory;

relevant contravening conduct that:

takes place in a Territory; or

relates to tradeable water rights in relation to a water resource in a Territory;

relevant contravening conduct by an agency of the Commonwealth.

a provision of Part 2 or regulations made for the purposes of that Part;

section 166;

section 222C;

section 222D;

section 237A;

section 238.

a thing with respect to which a designated compliance provision has been contravened or is suspected, on reasonable grounds, to have been contravened;

(b) a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of a designated compliance provision;

a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening a designated compliance provision.

a warrant issued by a magistrate under section 226; or

a warrant signed by a magistrate under section 227.

for the purpose of ensuring compliance with provisions of the Basin Plan that relate to that matter; or

otherwise relating to that matter.

the Basin Plan;

water resource plans.

guidelines (if any) issued by the Inspector-General relating to the conduct of an audit;

any applicable guidelines issued by the Inspector-General under section 215V;

any applicable standards issued by the Inspector-General under section 215VA.

prepare a report setting out the findings of the audit and any recommendations arising from the audit; and

before the report is finalised, provide any person or body to which the audit relates with an opportunity to comment on the proposed findings and recommendations.

the Inspector-General publishes a report under subsection 73L(4); and

the report includes a recommendation that an agency of the Commonwealth, or an agency of a State or Territory, take certain action.

whether the agency accepts the recommendation (in whole or in part); and

if the agency accepts the recommendation (in whole or in part)—details of any action that the agency proposes to take to give effect to the recommendation (in whole or in part); and

if the agency does not accept the recommendation (in whole or in part)—the reasons for not accepting the recommendation (in whole or in part).

the performance of the Inspector-General’s functions and duties under this Part; and

the exercise of the Inspector-General’s powers under this Part;

(a) for the purposes of Subdivision B of evidential material in subsection 4(1) to a designated compliance provision included a reference to a provision of this Part or regulations made for the purposes of this Part; andDivision 1 of that Part, a reference in the definition of

a reference in Subdivision B of Division 1 and Division 3 of that Part to a designated compliance provision included a reference to a provision of this Part or regulations made for the purposes of this Part.

enter premises under Subdivision B of Division 1 of Part 10AA as applied by this section; or

exercise any of the powers under that Subdivision;

to the extent that this is reasonably necessary for any of the following purposes:

determining whether a provision of this Part or regulations made for the purposes of this Part has been, or is being, complied with;

determining whether information given in compliance, or purported compliance, with section 222D, in its application under section 86J, is correct;

determining whether information given in compliance, or purported compliance, with section 238, as applied by this section, is correct; or

if the authorised compliance officer has reasonable grounds for suspecting that there may be evidential material on the premises relating to a possible contravention of a provision of this Part or regulations made for the purposes of this Part.

the Inspector-General if the contravention is a contravention of:

a designated compliance provision; or

a provision of Part 2A or regulations made for the purposes of that Part; or

a provision of Part 10AB; or

if the wrongdoer is an individual and a single amount is specified for the civil penalty provision—the specified amount; or

if the wrongdoer is an individual and separate amounts for individuals and bodies corporate are specified for the civil penalty provision—the amount specified for an individual; or

if the wrongdoer is a body corporate and a single amount is specified for the civil penalty provision—an amount equal to 5 times the specified amount; or

if the wrongdoer is a body corporate and separate amounts for individuals and bodies corporate are specified for the civil penalty provision—the amount specified for a body corporate.

criminal proceedings for an offence against a law of the Commonwealth or a law of a State are started, or have already been started, against the person; and

the civil proceedings are dismissed; and

(b) costs must not be awarded in relation to the civil proceedings.

attempt to contravene a civil penalty provision; or

aid, abet, counsel or procure a contravention of a civil penalty provision; or

induce (by threats, promises or otherwise) a contravention of a civil penalty provision; or

be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of a civil penalty provision; or

conspire with others to effect a contravention of a civil penalty provision.

within a particular period; or

before a particular time;

within a particular period; or

before a particular time;

the person’s intention; or

the person’s knowledge; or

the person’s recklessness; or

the person’s negligence; or

any other state of mind of the person.

at or before the time of the conduct constituting the contravention, the person:

considered whether or not facts existed; and

was under a mistaken but reasonable belief about those facts; and

had those facts existed, the conduct would not have constituted a contravention of the civil penalty provision.

the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and

the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.

if the infringement notice was given by the Inspector-General—the Inspector-General; or

if the infringement notice was given by the ACCC—the ACCC; or

if the infringement notice was given by the Minister—the Secretary of the Department.

the provision requires the person to do a thing within a particular period or before a particular time; and

the person fails or refuses to do that thing within that period or before that time; and

the failure or refusal occurs on more than 1 day; and

each contravention is constituted by the failure or refusal on one of those days.

be identified by a unique number; and

state the day on which it is given; and

state the name of the person to whom the notice is given; and

state the name and contact details of the appropriate enforcement agency that gave the notice; and

give brief details of the alleged contravention, or each alleged contravention, to which the notice relates, including:

the civil penalty provision that was allegedly contravened; and

the maximum penalty that a court could impose for each contravention, if the provision were contravened; and

the time (if known) and day of, and the place of, each alleged contravention; and

state the amount that is payable under the notice; and

give an explanation of how payment of the amount is to be made; and

(h) state that, if the person to whom the notice is given pays the amount to the appropriate enforcement agency, on behalf of the Commonwealth, within 28 days after the day the notice is given, then (unless the notice is withdrawn), proceedings seeking a pecuniary penalty order will not be brought in relation to the alleged contravention; and

state that payment of the amount is not an admission of liability; and

state that the person may apply to the relevant chief executive to have the period in which to pay the amount extended; and

state that the person may choose not to pay the amount and, if the person does so, proceedings seeking a pecuniary penalty order may be brought in relation to the alleged contravention; and

set out how the notice can be withdrawn; and

state that, if the notice is withdrawn, proceedings seeking a pecuniary penalty order may be brought in relation to the alleged contravention; and

state that the person may make written representations to the relevant chief executive seeking the withdrawal of the notice; and

set out such other matters (if any) as are prescribed by the regulations.

one-fifth of the maximum penalty that a court could impose on the person for that contravention;

12 penalty units where the person is an individual, or 60 penalty units where the person is a body corporate.

one-fifth of the amount worked out by adding together the maximum penalty that a court could impose on the person for each alleged contravention;

either:

if the person is an individual—the number of penalty units worked out by multiplying the number of alleged contraventions by 12; or

if the person is a body corporate—the number of penalty units worked out by multiplying the number of alleged contraventions by 60.

the day that is the last day of the period referred to in paragraph 157(1)(h);

the day that is 7 days after the day the person was given notice of the relevant chief executive’s decision not to extend the period.

must take into account any written representations seeking the withdrawal that were given by the person to the relevant chief executive; and

may take into account the following:

whether a court has previously imposed a penalty on the person for a contravention of a provision subject to an infringement notice under this Division;

the circumstances of the alleged contravention;

whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision subject to an infringement notice under this Division if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;

any other matter the relevant chief executive considers relevant.

the person’s name and address; and

the day the infringement notice was given; and

the identifying number of the infringement notice; and

that the infringement notice is withdrawn; and

that proceedings seeking a pecuniary penalty order may be brought in relation to the alleged contravention.

the relevant chief executive withdraws the infringement notice; and

the person has already paid the amount stated in the notice;

has engaged in, is engaging in or is likely to engage in conduct referred to in paragraph (1)(b); or

has omitted, is omitting or is likely to omit to perform an act and the omission is covered by paragraph (1)(c);

the direction gives effect to a relevant international agreement; or

the person is a constitutional corporation; or

the direction relates to conduct or an omission that has affected, is affecting or is likely to affect the activities of a constitutional corporation; or

the direction relates to conduct or an omission that took place, is taking place or is likely to take place in the course of trade or commerce:

with other countries; or

among the States; or

between a State and a Territory; or

the direction relates to conduct or an omission that took place, is taking place or is likely to take place in a Territory; or

the direction relates to conduct that took place, is taking place or is likely to take place using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution); or

the person is an agency of the Commonwealth.

the person has been given a notice under subsection 165(2); and

the person fails to comply with the direction in the notice.

the Inspector-General reasonably suspects that the conduct may constitute a contravention of:

section 34, 35, 58 or 59; or

a provision of Division 3A of Part 2; and

the Inspector-General is satisfied that one or more of the following has occurred, is occurring or is likely to occur, as a result of the conduct:

injury or damage to human beings;

damage to property;

harm to, or loss of, Basin water resources; and

the Inspector-General is satisfied that it is in the public interest to issue the notice.

the Basin Plan; or

the Secretary of the Department, or an officer or employee in the Department, for the purpose of advising the Minister.

the Minister; or

the Secretary of the Department, or an officer or employee in the Department, for the purpose of advising the Minister.

to monitor and provide independent oversight of the performance of functions and exercise of powers by agencies of the Commonwealth under the following:

this Act (other than Parts 1A, 2A, 4, 4A, 10A and 11A);

regulations and other legislative instruments made under this Act (other than regulations or other legislative instruments made for the purposes of Part 1A, 2A, 4, 4A, 10A or 11A);

the Basin Plan;

water resource plans;

to monitor and provide independent oversight of the performance by agencies of the Basin States of their obligations in relation to the management of Basin water resources under the following:

this Act (other than Parts 1A, 2A, 4, 4A, 10A and 11A);

regulations and other legislative instruments made under this Act (other than regulations or other legislative instruments made for the purposes of Part 1A, 2A, 4, 4A, 10A or 11A);

the Basin Plan;

water resource plans;

to monitor and provide independent oversight of the implementation by agencies of the Commonwealth and agencies of the Basin States of the commitments in the agreements referred to in subsection (3);

to engage with the Australian community in relation to the management of Basin water resources;

functions conferred on the Inspector-General by:

Part 8 (enforcement); and

Part 10AA (special powers); and

Part 10AB (inquiry powers);

any other functions conferred on the Inspector-General by this Act, the Basin Plan or any other legislative instrument made under this Act;

to do anything incidental to, or conducive to, the performance of the above functions.

by the ACCC in giving advice:

for the purposes of subsection 42(2) or 46(2) (relating to the water trading rules); or

under subsection 212(2) (relating to fees the Authority may charge for its services); or

by the Productivity Commission in conducting an inquiry into a matter referred to the Productivity Commission under section 87 or 88.

the Murray-Darling Basin Compliance Compact entered into in June 2018;

the Intergovernmental Agreement on Implementing Water Reform in the Murray-Darling Basin entered into in June 2013;

the National Partnership Agreement on Implementing Water Reform in the Murray-Darling Basin entered into in February 2014;

the Project Agreement for Murray-Darling Basin Water Infrastructure, New South Wales-Led Efficiency Projects entered into in August 2019;

the Project Agreement for Murray-Darling Basin Water Infrastructure, South Australia-Led Efficiency Projects entered into in March 2019;

the Project Agreement for Murray-Darling Basin Water Infrastructure, Australian Capital Territory-Led Efficiency Projects entered into in May 2019;

the Murray-Darling Basin Plan 2012 Implementation Agreement entered into in August 2013;

the Intergovernmental Agreement on Federal Financial Relations entered into in July 2011, to the extent that it relates to:

the National Partnership Agreement on Implementing Water Reform in the Murray-Darling Basin entered into in February 2014; and

project agreements relating to Basin water resources;

the Intergovernmental Agreement on a National Water Initiative entered into in June 2004, to the extent that it relates to Basin water resources;

any other agreement that:

is entered into by the Authority, or the Commonwealth Environmental Water Holder, and one or more Basin States; and

is prescribed by the regulations for the purposes of this paragraph;

any other agreement that:

is entered into by the Commonwealth and one or more Basin States; and

is prescribed by the regulations for the purposes of this paragraph.

the exercise of a power under Division 3B of Part 2 (audits);

the performance of a function that is conferred by section 86K (enforcement of Part 2A);

the exercise of a power under Part 8 (enforcement);

(d) the monitoring of compliance with, or the investigation of possible contraventions of, a designated compliance provision;

the exercise of a power under Division 3 of Part 10AA (information gathering).

the nature of the functions to be performed by the Inspector-General during the financial year; and

the resources available to perform those functions.

to take account of the findings of a review of the work plan conducted under section 215F; or

if the Inspector-General considers the variation is necessary for any other reason.

have a high level of expertise in one or more fields relevant to the Inspector-General’s functions; and

not be a member of the governing body of a relevant interest group.

during a vacancy in the office of Inspector-General (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when the Inspector-General:

is absent from duty or from Australia; or

is, for any reason, unable to perform the duties of the office.

remuneration for the purposes of subsection (1); and

allowances for the purposes of subsection (2).

for misbehaviour; or

if the Inspector-General is unable to perform the duties of the Inspector-General’s office because of physical or mental incapacity.

the Inspector-General:

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with the Inspector-General’s creditors; or

makes an assignment of the Inspector-General’s remuneration for the benefit of the Inspector-General’s creditors; or

the Inspector-General is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

the Inspector-General engages, except with the Minister’s approval, in paid work outside the duties of the Inspector-General’s office (see section 215M); or

the Inspector-General fails, without reasonable excuse, to comply with subsection 215N(1) (which deals with the duty to disclose interests, pecuniary or otherwise, that the Inspector-General has or acquires and that could conflict with the proper performance of the Inspector-General’s functions); or

(e) the Inspector-General fails, without reasonable excuse, to comply with Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.section 29 of the

(a) by employees of Agencies (within the meaning of the Public Service Act 1999); or

by officers and employees of a State; or

by officers and employees of authorities of the Commonwealth or a State;

the way in which the panel is to carry out its functions; and

procedures to be followed in relation to meetings.

that is confidential information; and

that is given to the Inspector-General in, or in connection with, the performance of the Inspector-General’s functions or the exercise of the Inspector-General’s powers.

the Minister;

the Secretary of the Department, or an officer or employee in the Department, for the purpose of advising the Minister.

performing functions or exercising powers as:

the Inspector-General; or

a member of the Inspector-General’s staff; or

a delegate of the Inspector-General; or

an authorised compliance officer; or

a person who is authorised to perform a function or exercise a power of, or on behalf of, the Inspector-General; or

the performance of functions or exercise of powers by the person by way of assisting the Inspector-General or a delegate of the Inspector-General;

anything else in any of those subsections or those regulations; or

what may otherwise constitute, for the purposes of subsection (1), authorised use or disclosure of information.

the Minister; or

the Secretary of the Department, or an officer or employee in the Department, for the purpose of advising the Minister.

an individual voluntarily gives information to the Inspector-General; and

the individual requests that the individual remain anonymous;

this Act (other than Parts 1A, 2A, 4, 4A, 10A and 11A);

regulations and other legislative instruments made under this Act (other than regulations or other legislative instruments made for the purposes of Part 1A, 2A, 4, 4A, 10A or 11A);

the Basin Plan;

water resource plans.

reporting compliance activities carried out by agencies of the Basin States relating to their water management obligations;

assessing the effectiveness of the regulatory frameworks in the Basin States for managing their water management obligations;

any other matter prescribed by the regulations.

measuring water taken from Basin water resources in water resource plan areas; and

the collection, storage, transmission and online publication of Basin water market data and related information by providers of water trade services.

Division 3B of Part 2 (audits);

Division 2 of Part 9A (other than subsections 215E(4) and 215G(2)) (annual work plans);

Division 4 of Part 9A (advisory panels);

Division 6 of Part 9A (other than subsection 215V(4)) (guidelines);

section 215Y (annual report);

section 239AA (conducting an inquiry);

subsection 239AB(1) (determining terms of reference for an inquiry);

subsection 239AC(2) (requiring a person to give information);

subsection 239AD(2) (requiring a person to appear to answer questions);

section 239AE (reporting on an inquiry).

a provision in Part 8 (enforcement);

the Authority, Minister or Secretary);section 215UA (disclosing information to

section 222G (appointing an authorised compliance officer);

section 233G (applying to retain seized thing);

section 233H (disposing of seized thing);

section 238 (requiring information to be produced);

subsection 239AD(8) (giving a written record of answers).

subsection 73E(1) (giving notice to the appropriate agency of a State of the intention to take action in relation to an alleged contravention of section 73A or 73B);

subsection 215UB(2) (disclosing information to an enforcement body);

subsection 215UB(3) (disclosing information to an agency of the Commonwealth or an agency of a State).

the Inspector-General;

an authorised compliance officer;

a delegate of the Inspector-General;

a person who is authorised to perform a function or exercise a power of, or on behalf of, the Inspector-General;

a person assisting the Inspector-General or a person referred to in paragraph (c) or (d) in performing the Inspector-General’s functions or exercising the Inspector-General’s powers.

give the report to the Minister; and

publish the report on the Inspector-General’s website or the Department’s website.

the person does not return the identity card to the Authority within 14 days after ceasing to be an authorised officer.

the answer to the question or the information would be privileged from being given on the ground of legal professional privilege; or

the document would be privileged from being produced on the ground of legal professional privilege.

an authorised officer is entering premises under Subdivision B; and

an occupier of the premises, or another person who apparently represents the occupier, is present at the premises;

the preparation and implementation of the Basin Plan;

a matter:

relevant to the performance of the Authority’s functions; and

specified in regulations made for the purposes of this paragraph;

within a specified period of time (which must not be less than 14 days after the requirement is made); and

in a specified form or manner.

the person is subject to a requirement under subsection (2); and

the person fails to comply with the requirement.

the person is subject to a requirement under subsection (2); and

the person gives information to the Authority in compliance or purported compliance with that requirement; and

the person does so knowing that the information:

is false or misleading in a material particular; or

omits any matter or thing without which the information is misleading in a material particular.

of a commercial nature; or

subject to an obligation of confidentiality arising from a commercial relationship; or

commercially sensitive.

be any of the following:

an APS employee;

an individual whose services are made available to the Inspector-General under subsection 215S(2);

an individual who holds an office or position with a State or an authority of a State;

an individual whose services have been acquired by the Inspector-General under a contract; and

have a high level of expertise in one or more fields relevant to the performance of the duties of an authorised compliance officer under this Division.

must have regard to the matters prescribed by the regulations; and

may also have regard to any other matter the Inspector-General considers appropriate.

be in the form approved by the Inspector-General; and

contain a photograph that is no more than 5 years old of the authorised compliance officer.

the person has been issued with an identity card under subsection (1); and

the person ceases to be an authorised compliance officer; and

the person does not return the identity card to the Inspector-General within 14 days after ceasing to be an authorised compliance officer.

determining whether a designated compliance provision has been, or is being, complied with;

determining whether information given in compliance, or purported compliance, with a designated compliance provision is correct.

the power to examine or observe any activity conducted on the premises;

the thing is found during the exercise of powers on the premises under subsection 223(2); and

an authorised compliance officer believes on reasonable grounds that:

a designated compliance provision has been contravened with respect to the thing; or

the thing affords evidence of the contravention of a designated compliance provision; or

the thing is intended to be used for the purpose of contravening a designated compliance provision; or

the thing affords evidence that information given in compliance, or purported compliance, with a designated compliance provision is not correct; and

the authorised compliance officer believes on reasonable grounds that:

it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; and

it is necessary to secure the thing without a warrant because the circumstances are serious and urgent.

a designated compliance provision has been, or is being, complied with; or

information given in compliance, or purported compliance, with a designated compliance provision is correct.

the operation of the designated compliance provision; or

the information.

the operation of the designated compliance provision; or

the information.

the person does not possess the information or document required; and

the person has taken all reasonable steps available to the person to obtain the information or document required and has been unable to obtain it.

the person is subject to a requirement under subsection (3); and

the person fails to comply with the requirement.

seize the other thing;

the person does not possess the information or document required; and

the person has taken all reasonable steps available to the person to obtain the information or document required and has been unable to obtain it.

the person is subject to a requirement under subsection (3); and

the person fails to comply with the requirement.

a designated compliance provision has been, or is being, complied with; or

information given in compliance, or purported compliance, with a designated compliance provision is correct.

describe the premises to which the warrant relates; and

state that the warrant is issued under this section; and

state the purpose for which the warrant is issued; and

authorise one or more authorised compliance officers (whether or not named in the warrant) from time to time while the warrant remains in force:

to enter the premises; and

to exercise the powers set out in subsection 223(2) and sections 223A, 223B, 231 and 232 in relation to the premises; and

state whether entry is authorised to be made at any time of the day or during specified hours of the day; and

specify the day (not more than 3 months after the issue of the warrant) on which the warrant ceases to be in force.

state the offence provision or offence provisions, or civil penalty provision or civil penalty provisions, to which the warrant relates; and

describe the premises to which the warrant relates; and

state that the warrant is issued under this section; and

specify the kinds of evidential material to be searched for under the warrant; and

state that evidential material of the kind specified may be seized under the warrant; and

state that the person executing the warrant may seize any other thing found in the course of executing the warrant if the person believes on reasonable grounds that the thing is evidential material of a kind not specified in the warrant; and

name one or more authorised compliance officers; and

authorise the authorised compliance officers named in the warrant:

to enter the premises; and

to exercise the powers referred to in subsections 224(2) and (3) and sections 224A, 231 and 232 in relation to the premises; and

state whether entry is authorised to be made at any time of the day or during specified hours of the day; and

specify the day (not more than 1 week after the issue of the warrant) on which the warrant ceases to be in force.

may enter the premises; and

may exercise powers under this Subdivision:

if the premises were entered under subsection 223(1)—for the purposes of assisting the authorised compliance officer to determine whether a designated compliance provision has been, or is being, complied with or information given in compliance, or purported compliance, with a designated compliance provision is correct; or

if the premises were entered under subsection 224(1)—in relation to evidential material; and

may exercise powers and perform functions and duties under this Subdivision that are incidental to the powers mentioned in subparagraph (b)(i) or (ii); and

must do so in accordance with any direction given by the authorised compliance officer to the person assisting.

an authorised compliance officer is on premises by consent in accordance with subsection (1); and

the authorised compliance officer has not shown the occupier of the premises the officer’s identity card before entering the premises;

announce that the authorised compliance officer is authorised to enter the premises; and

show the authorised compliance officer’s identity card to the occupier of the premises, or to another person who apparently represents the occupier, if the occupier or other person is present at the premises; and

an authorised compliance officer does not comply with subsection (1) because of subsection (2); and

the occupier of the premises, or another person who apparently represents the occupier, is present at the premises;

make a copy of the warrant available to the occupier or other person; and

inform the occupier or other person, in writing, of the responsibilities and rights of the occupier or other person under sections 233C and 237.

an authorised compliance officer enters premises under subsection 223(1) or 224(1); and

the authorised compliance officer believes on reasonable grounds that the authorised compliance officer can operate equipment at the premises without damaging the equipment.

see whether the following may be accessible by doing so:

if the premises were entered under subsection 223(1)—relevant information;

if the premises were entered under subsection 224(1)—evidential material; and

put the relevant information or evidential material in documentary form; and

copy the relevant information or evidential material to a storage device that:

is brought to the premises for the exercise of the power; or

is on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises.

a designated compliance provision has been, or is being, complied with; or

information given in compliance, or purported compliance, with a designated compliance provision is correct.

the premises were entered under an investigation warrant; and

the authorised compliance officer suspects on reasonable grounds that the equipment or a storage device on the premises is or contains evidential material;

it is not practicable to put the evidential material in documentary form as mentioned in paragraph (2)(b) or copy the evidential material as mentioned in paragraph (2)(c); or

possession of the equipment or the storage device by the occupier could constitute an offence against a law of the Commonwealth.

the following may be accessible by operating equipment at the premises:

in the case of a monitoring warrant—relevant information (within the meaning of subsection 231(3));

in the case of an investigation warrant—evidential material; and

expert assistance is required to operate the equipment; and

if the authorised compliance officer does not take action under this subsection, the relevant information or evidential material may be destroyed, altered or otherwise interfered with;

for a period not exceeding 24 hours; or

until the equipment has been operated by the expert;

if the thing is secured under section 223A—it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; or

if the thing is equipment that is secured under section 232—it is necessary to secure the thing:

to ensure that relevant information is not destroyed, altered or otherwise interfered with; or

to prevent evidential material from being destroyed, altered or otherwise interfered with.

describe the thing to which the order relates; and

state the period for which the extension is granted; and

state that the order is made under this section; and

state that the authorised compliance officer is authorised to secure the thing for that period.

as a result of equipment being operated as mentioned in this Subdivision:

damage is caused to the equipment; or

data recorded on the equipment is damaged; or

programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and

the damage or corruption occurs because:

insufficient care was exercised in selecting the person who was to operate the equipment; or

insufficient care was exercised by the person operating the equipment.

the warrant is still in force; and

the authorised compliance officer and persons assisting are absent from the premises:

for not more than 1 hour; or

if there is an emergency situation, for not more than 12 hours or such longer period as allowed by a magistrate under subsection (5); or

for a longer period if the occupier of the premises consents in writing.

there is an emergency situation; and

the authorised compliance officer believes on reasonable grounds that the authorised compliance officer and the persons assisting will not be able to return to the premises within that period.

an application is made under subsection (3); and

the magistrate is satisfied, by information on oath or affirmation, that there are exceptional circumstances that justify the extension; and

the extension would not result in the period ending after the warrant ceases to be in force.

the order is later revoked or reversed on appeal; and

the warrant is still in force when the order is revoked or reversed.

an authorised compliance officer executing the warrant; and

any person assisting the authorised compliance officer;

the person is subject to subsection (1); and

the person fails to comply with that subsection.

an investigation warrant is being executed in relation to premises; and

an authorised compliance officer seizes one or more of the following from the premises under this Subdivision:

a document, film, computer file or other thing that can be readily copied;

a storage device, the information in which can be readily copied.

the reason for the thing’s seizure no longer exists;

it is decided that the thing is not to be used in evidence;

the period of 60 days after the thing’s seizure ends.

is subject to any contrary order of a Court; and

does not apply if the thing:

is forfeited or forfeitable to the Commonwealth; or

is the subject of a dispute as to ownership.

proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and those proceedings (and any appeal from those proceedings) have not been completed; or

the thing may continue to be retained because of an order under section 233G; or

the Commonwealth or the Inspector-General is otherwise authorised (by a law, or an order of a Court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.

60 days after the seizure; or

a period previously specified in an order of a magistrate under this section.

take reasonable steps to discover who has an interest in the retention of the thing; and

if it is practicable to do so, notify each person who the Inspector-General believes to have such an interest of the proposed application.

for the purposes of an investigation as to whether a designated compliance provision has been contravened; or

to enable evidence of a contravention mentioned in paragraph (a) to be secured for the purposes of a prosecution or an action to obtain a pecuniary penalty order.

the Inspector-General has taken reasonable steps to return the thing to a person; and

either:

the Inspector-General has been unable to locate the person; or

the person has refused to take possession of the thing.

in a personal capacity; and

not as a court or a member of a court.

as the court of which the magistrate is a member; or

as a member of the court of which the magistrate is a member.

the answer to the question or the information would be privileged from being given on the ground of legal professional privilege; or

the document would be privileged from being produced on the ground of legal professional privilege.

an authorised compliance officer is entering premises under Subdivision B; and

the investigation of a designated compliance provision;

an audit being conducted under section 73L;

a matter:

relevant to the performance of the Inspector-General’s functions (other than the functions referred to in any of paragraphs 215C(1)(a) to (c)); and

specified in regulations made for the purposes of this paragraph;

within a specified period of time (which must not be less than 14 days after the requirement is made); and

in a specified form or manner.

the person is subject to a requirement under subsection (2); and

the person fails to comply with the requirement.

the person is subject to a requirement under subsection (2); and

the person fails to comply with the requirement.

the person is subject to a requirement under subsection (2); and

the person gives information to the Inspector-General in compliance or purported compliance with that requirement; and

the person does so knowing that the information:

is false or misleading in a material particular; or

omits any matter or thing without which the information is misleading in a material particular.

of a commercial nature; or

subject to an obligation of confidentiality arising from a commercial relationship; or

commercially sensitive.

the date by which the inquiry is to be completed;

that the Inspector-General must prepare a written report on the inquiry and give it to the Minister.

within the period of time specified in the notice (which must be at least 14 days after the notice is given); and

in the form or manner specified in the notice.

subsections (4) to (6) of this section and section 239AH (which deals with the privilege against self-incrimination and legal professional privilege); and

(b) Criminal Code (which deals with false or misleading information).section 137.1 of the

the person is subject to a requirement under subsection (2); and

the person fails to comply with the requirement.

the person is subject to a requirement under subsection (2); and

the person fails to comply with the requirement.

the person is subject to a requirement under subsection (2); and

the person gives information to the Inspector-General in compliance or purported compliance with that requirement; and

the person does so knowing that the information:

is false or misleading in a material particular; or

omits any matter or thing without which the information is misleading in a material particular.

specify the time and place the person must appear to answer questions; and

specify the nature of the compellable information to which the questions will relate; and

state that the person may be accompanied by a lawyer; and

state whether any other persons may accompany the person; and

set out the effect of:

subsections (5) and (6) of this section and section 239AH (which deals with the privilege against self-incrimination and legal professional privilege); and

(ii) Criminal Code (which deals with false or misleading information).section 137.1 of the

the person is subject to a requirement under subsection (2); and

the person fails to comply with the requirement.

the person is subject to a requirement under subsection (2); and

the person fails to comply with the requirement.

the Inspector-General conducted an inquiry under the Minister; andsection 239AA at the request of

the Minister requested the Inspector-General to prepare a written report on the inquiry;

the Inspector-General publishes a report of an inquiry under subsection 239AE(5); and

the report includes a recommendation that an agency of the Commonwealth, or an agency of a State or Territory, take certain action.

whether the agency accepts the recommendation (in whole or in part); and

if the agency accepts the recommendation (in whole or in part)—details of any action that the agency proposes to take to give effect to the recommendation (in whole or in part); and

if the agency does not accept the recommendation (in whole or in part)—the reasons for not accepting the recommendation (in whole or in part).

to any proceedings for contravening a law of the Commonwealth because of giving the comments; or

to civil proceedings for loss, damage or injury of any kind suffered by another person because of giving the comments.

the answer to the question or the information would be privileged from being given on the ground of legal professional privilege; or

the document would be privileged from being produced on the ground of legal professional privilege.

the Murray-Darling Basin Authority was a party to proceedings pending in any court or tribunal; and

the proceedings:

were brought as permitted by Part 8 of the Act, as in force before the commencement day; or

related to the exercise of powers under the commencement day;Part 10 of the Act, as in force before

before the commencement day, the Authority had accepted an undertaking given by a person under section 163 of this Act; and

the undertaking had not been withdrawn or cancelled before that day;

a declaration was made by the Authority under subsection 12.20(1) of the Basin Plan before the commencement day; and

the declaration was in force immediately before that day;

before the commencement day, a Basin State had, under paragraph 12.20(1)(a) of the Basin Plan, requested the Authority to make a declaration; and

no decision on the request had been made before the commencement day;

a declaration was made by the Authority under subsection 12.22(3) of the Basin Plan before the commencement day; and

the declaration was in force immediately before that day;

before the commencement day, a Basin State had, under subsection 12.22(2) of the Basin Plan, requested the Authority to make a declaration; and

no decision on the request had been made before the commencement day;

an audit was being conducted under the commencement day; andDivision 3 of Part 3 of Chapter 13 of the Basin Plan before

the audit had not been completed before that day;

a report setting out the findings of the audit and any recommendations arising from the audit is published under section 13.20 of the Basin Plan (as that section continues to apply because of subclause (2) of this clause); and

the report includes a recommendation that an agency of the Commonwealth, or an agency of a State or Territory, take certain action.

the establishment of the Inspector-General; and

the transfer of functions from the Authority to the Inspector-General.

in relation to regulations made after the commencement of that subsection; and

in relation to regulations made before the commencement of that subsection as if that subsection had been in force when the regulations were made.