to ensure that the use and management of Basin water resources takes into account spiritual, cultural, environmental, social and economic matters relevant to Indigenous people, including in relation to their knowledge, values, uses, traditions and customs; and

the use and management of Basin water resources that takes into account spiritual, cultural, environmental, social and economic matters relevant to Indigenous people; and

making any other payments to address any detrimental social or economic impact on the wellbeing of any community in the Murray-Darling Basin that is associated with a project or purchase referred to in paragraph (a) or (b) so as to offset any such impact;

the Minister has estimated that the balance of the Water for the Environment Special Account as at the end of that day is likely to include a surplus amount; and

the amount specified in the direction is equal to, or less than, the surplus amount.

it is an amount that does not exceed the amount that stood to the credit of the Water for the Environment Special Account as at the end of the specified day; and

it is an amount that is not required for the purposes of meeting obligations or commitments entered into, or arising, on or before the specified day.

payments made, or expected to be made, under paragraph 86AD(2)(c) in relation to a purchase referred to in paragraph 86AD(2)(b);

payments made, or expected to be made, from other sources in relation to a purchase referred to in paragraph 86AD(2)(b).

matters relevant to Indigenous people in relation to the management of Basin water resources including, but not limited to, the extent to which Basin water resources could be managed so as to improve the spiritual, environmental, cultural, social and economic conditions of Indigenous people;

the extent to which the Basin Plan, including requirements relating to water resource plans:

recognises and protects the interests of Indigenous people; and

supports opportunities for Indigenous people to participate in determining and developing priorities and strategies for the development or use of Basin water resources, including opportunities for participation that incorporates free, prior and informed consent;

the management of climate change risks.

the information mentioned in paragraphs (1)(b) and (c) in relation to each of the relevant water accounting periods;

any other information necessary to make the one-off adjustment.

if the register of take for the surface water SDL resource unit has already commenced as at the commencement of this subsection—in the first report given to the Authority under subsection (1) after the commencement of this subsection; or

if the register of take for the surface water SDL resource unit has not already commenced as at the commencement of this subsection—in the first report given to the Authority under subsection (1) after the end of the water accounting period in which the register of take commences.

cumulative reductions (which may include a reduction that is taken to have occurred under subsection 78(3) from the amount specified for the purposes of subsection 78(2)); or

reductions resulting from changes to the SDL from time to time.

the particulars and history of a water access entitlement;

decisions about how the Basin States are making changes to water access entitlements, including in relation to the date of effect of changes, the manner in which changes come into operation and how certainty is achieved in relation to these matters;

such other information as is relevant to payments to water access entitlement holders.

increasing the volume of the Basin water resources that is available for environmental use by 450 gigalitres;

the Commonwealth’s water recovery target in relation to SDL resource units (as defined in the Basin Plan);

projects that relate to adjustments of long-term average sustainable diversion limits under section 23A;

(d) any other matter specified by the Minister in writing.

a description of the program or programs concerned; and

the matters that the Minister took into account in undertaking that consideration.

the financial year beginning on 1 July 2023; and

each subsequent financial year up to and including the financial year beginning on 1 July 2027.

the Snowy River below Jindabyne Dam;

the Snowy River below Guthega Dam via Falls Creek Aqueduct;

the Snowy River below Island Bend Dam via Tolbar Creek Aqueduct and Diggers Creek Aqueduct;

the Upper Murrumbidgee River below Tantangara Dam;

the Goodradigbee River below Goodradigbee Aqueduct;

the Geehi River below Geehi Dam via Middle Creek and Strzelecki Creek;

the River Murray via the Snowy-Murray Development and Hume Dam.

targets for releases of water for environmental use;

actual releases of water for environmental use;

the seasonal timing and volume of releases of water for environmental use;

the environmental objectives that the releases of water were intended to achieve;

any changes to the governance and regulatory arrangements outlined in the report as required by subsection (4).

the water year beginning on 1 May 2023; and

each subsequent water year.

considered Indigenous values and Indigenous uses (as defined in the Basin Plan); and

involved Indigenous people.

the financial year beginning on 1 July 2023; and

each subsequent financial year.

the information provided to the Secretary by the Authority under section 85E; and

information about engagement and other activities undertaken for the purpose of ensuring that the management of Basin water resources takes into account spiritual, cultural, environmental, social and economic matters relevant to Indigenous people; and

any other matter specified by the Minister in writing.

must consult the Authority and the Commonwealth Environmental Water Holder; and

may consult any other person or body the Secretary considers appropriate.

the financial year beginning on 1 July 2023; and

each subsequent financial year.

(b) 2 Indigenous persons recognised in the Indigenous community as having a high level of expertise in Indigenous matters relevant to Basin water resources, each of whom is a standing Indigenous Authority member for the purposes of this Subdivision;

it has provided a report to the Authority and to the Inspector-General setting out the reasons for the excess, with evidence for the claim; and

the Inspector-General is satisfied that the Basin State has a reasonable excuse as claimed.

it has provided a report to the Authority and to the Inspector-General setting out the reasons for the excess, with evidence for the claim; and

the Inspector-General is satisfied that the Basin State has a reasonable excuse as claimed.

supply measures and efficiency measures that are notified by a process set out in 31 December 2026; andsection 7.12 and will come into operation by

additional HEW entitlements that are acquired from time to time and specified by the Minister under section 7.08B.

measures that increase the supply of water or the efficiency of water use, and are notified under this Part; and

additional HEW entitlements specified under section 7.08B;

notified measures;

additional supply measures;

additional efficiency measures;

additional HEW entitlements;

determine those adjustment amounts for each affected unit; and

propose accordingly, under section 23A of the Act:

an adjustment of the SDL for each affected unit; and

an adjustment of the SDL for the Basin water resources equal to the net effect of the adjustments for all the affected units.

if the Authority, having consulted the Basin Officials Committee, decides that another method is preferable—that method.

audit calculations made by the Authority for the purposes of Parts 2 and 4; or

appoint or establish a person or body that is independent of the Authority to audit calculations made by the Authority for the purposes of Parts 2 and 4.

for a water accounting period beginning on or after 1 July 2024—the SDL as it stood on the day before the beginning of the relevant water accounting period.

the person to whom the service is provided is a constitutional corporation or is engaging in trade with a constitutional corporation; or

the service is provided in the course of trade and commerce:

between the States; or

between a State and a Territory or between 2 Territories; or

between Australia and places outside Australia; or

the service is provided to a person in a Territory, or in relation to a water resource in a Territory.

imposing an obligation upon eligible water markets intermediaries to act in the best interests of clients, and in accordance with clients’ instructions;

provision of information to clients, including in relation to the interests of eligible water markets intermediaries;

provide for the keeping and retention of records for the purposes of the Code or for the purposes of Division 5 relating to trust accounting including, but not limited to the following:

the kind of records that must be kept;

specific details that must be recorded including, but not limited to, client details, disclosures to clients, and written authorities and instructions given by clients;

records relating to complaints and resolution of complaints;

records relating to trades;

financial and accounting records;

the period for which records must be retained, including any period after an entity ceases to be an eligible water markets intermediary;

holding clients’ eligible tradeable water rights;

holding professional indemnity insurance;

keeping client records.

monitoring compliance with the code;

dealing with disputes or complaints arising under, or in relation to, the code;

conducting investigations under, or in relation to, the code;

providing exemptions from the code or specified provisions of the code;

reviewing, or reporting on, the operation of the code or activities under, or in relation to, the code;

any other matter relating to the operation, application or administration of the code.

if the function or power is a function of providing, or a power to provide, exemptions from the code or specified provisions of the code:

the Minister; or

the ACCC; or

otherwise—any person or body (whether or not a participant in the water market), including a person or body referred to in paragraph (a).

the function or power must be exercised by written instrument (an exemption instrument); and

if the code does not provide that an exemption instrument made under the code is a legislative instrument, then:

if each exemption provided by the instrument relates to a particular entity—the instrument is a notifiable instrument; or

otherwise—the instrument is a legislative instrument.

may require a person or body to provide another person or body with information or documents relevant to the operation, application or administration of the code (whether or not the code relates to any of those persons); and

may confer on a person or body (whether or not the code relates to the person) a function of imposing, or a power to impose, a requirement of the kind mentioned in paragraph (a).

the Water Markets Intermediaries Code may include a provision of that kind, whether or not the provision regulates conduct of a kind mentioned in subsection 100G(1); and

if the Water Markets Intermediaries Code does include a provision of that kind, the inclusion of the provision does not prevent the code from being the Water Markets Intermediaries Code.

an eligible water markets intermediary must not attempt to contravene a provision of the Water Markets Intermediaries Code that is not a civil penalty provision; and

a person must not do any of the following in relation to a provision of the Water Markets Intermediaries Code that is not a civil penalty provision;

aid, abet, counsel or procure a contravention of the provision;

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

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

conspire with others to effect a contravention of the provision.

the eligible water market intermediary maintains a trust account in accordance with a law of a State or Territory that makes provision for a statutory trust accounting scheme; and

the law of the State or Territory is prescribed by the regulations for the purposes of this paragraph; and

regulations for the purposes of this paragraph specify that this Division, or the specified provision of this Division, does not apply to an eligible water market intermediary, or an eligible water market intermediary included in a specified class, during a period when the eligible water market intermediary maintains a trust account in accordance with the law of the State or Territory.

audit requirements;

external examination requirements;

requirements in relation to accounting records and practices;

obligations in relation to the deposit and receipt of trust funds;

the capacity for the scheme to deal with the trade or transfer of eligible tradeable water rights including, but not limited to, a trade or transfer that is not part of the transfer of land;

the adequacy of the protection of trust monies;

any other matter that the Minister considers relevant.

naming of the trust account;

the inclusion of the words “trust account” in the name;

the inclusion of the name of the trustee in the name;

specific naming requirements if the trust account is held by an entity of a particular kind.

appoint an auditor; and

notify the ACCC that the eligible water markets intermediary is maintaining a trust account.

is not available for the payment of a debt of a creditor of the eligible water markets intermediary; and

is not liable to be attached or taken in execution under the order or process of a court at the instance of any such creditors.

(a) prepare a written statement (the trust account statement) in relation to the trust account of the eligible water market intermediary; and

(b) obtain an auditor’s report (the trust account audit report) prepared in accordance with this section.

be in the approved form; and

contain the information and matters specified in the Water Markets Intermediaries Code.

be prepared by a person who complies with any eligibility requirements specified by the Water Markets Intermediaries Code; and

be accompanied by any information or documents specified in the Water Markets Intermediaries Code in relation to that person.

(a) if the eligible water markets intermediary is a body corporate to which Corporations Act 2001 applies—a financial year of the body corporate (within the meaning of that section); andsection 323D of the

in any other case—a year ending on 30 June.

the trust account statement;

the trust account audit report;

any information or documents required to accompany the trust account audit report under paragraph 100V(3)(b).

if the notice is given after the relevant day—within 21 days of the day on which the notice is given; or

if the notice is given before the relevant day—within 21 days of the relevant day; or

if the period that would otherwise apply is extended under subsection (2)—before the end of the extended period.

information that the person could not have known was false or misleading; or

the provision of a document containing false or misleading information if the document is accompanied by a statement of the person that the information is false or misleading.

from the eligible water market intermediary; or

if the eligible water market intermediary is a body corporate—from any director, secretary or senior manager of the body corporate.

refuse or fail to allow the auditor access, in accordance with subsection (1), to financial records of the eligible water market intermediary; or

refuse or fail to give assistance, or an explanation, to the auditor as and when required under subsection (2); or

otherwise hinder, obstruct or delay the auditor in the performance or exercise of the auditor’s duties or powers.

the ACCC has reasonable grounds to suspect that the conduct may constitute a contravention of Division 4 of this Part or the Water Markets Intermediaries Code; and

the ACCC is satisfied that one or more persons has suffered, or is likely to suffer, detriment as a result of the conduct; and

the ACCC is satisfied that it is in the public interest to issue the notice.

(a) a person engages in conduct (the contravening conduct) that contravenes Division 4 or 5 of this Part or the Water Markets Intermediaries Code; and

the contravening conduct causes, or is likely to cause, a class of persons to suffer loss or damage; and

(c) the class includes persons (non-parties) who are not, or have not been, parties to a proceeding (an enforcement proceeding) instituted under Part 8 in relation to the contravening conduct;

redress, in whole or in part, the loss or damage suffered by the non-parties in relation to the contravening conduct; or

prevent or reduce the loss or damage suffered, or likely to be suffered, by the non-parties in relation to the contravening conduct.

the person; and

the non-parties;

which persons are non-parties in relation to the contravening conduct;

the nature of the loss or damage suffered, or likely to be suffered, by such persons.

an order is made under subsection 100ZB(1) against a person; and

the loss or damage suffered, or likely to be suffered, by a non-party in relation to the contravening conduct to which the order relates has been redressed, prevented or reduced in accordance with the order; and

the non-party has accepted the redress, prevention or reduction;

the non-party is bound by the order; and

any other order made under subsection 100ZB(1) that relates to that loss or damage has no effect in relation to the non-party; and

despite any other provision of this Act or any other law of the Commonwealth, or a State or Territory, no claim, action or demand may be made or taken against the person by the non-party in relation to that loss or damage.

name the eligible water markets intermediary to which it is given; and

specify:

the information or document to which it relates; and

the provisions of the Water Markets Intermediaries Code which require the eligible water markets intermediary to keep, to generate or to publish the information or document; and

specify that the eligible water markets intermediary must comply with the notice within the period specified in subsection (2); and

explain the effect of section 100ZE (extending the period for compliance), 100ZF (civil penalty) and 100ZG (false or misleading information).

the period of 21 days specified in the notice; or

if the period for complying with the notice has been extended under section 100ZE—the period as so extended.

give to the ACCC false or misleading information; or

produce to the ACCC documents that contain false or misleading information.

information that the eligible water markets intermediary could not have known was false or misleading; or

the production to the ACCC of a document containing false or misleading information if the document is accompanied by a statement of the eligible water markets intermediary that the information is false or misleading.

does not know of the circumstances that constitute the contravention of the provision concerned; or

knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the partner becomes aware of those circumstances.

is imposed on each member of the association’s committee of management instead; and

may be discharged by any of the members.

does not know of the circumstances that constitute the contravention of the provision concerned; or

knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the member becomes aware of those circumstances.

is imposed on each trustee of the trust instead; and

may be discharged by any of the trustees.

does not know of the circumstances that constitute the contravention of the provision concerned; or

knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the trustee becomes aware of those circumstances.

the total value of all benefits obtained by one or more persons that are reasonably attributable to the contravention; and

the total value of all detriments avoided by one or more persons that are reasonably attributable to the contravention.

the information is relevant to trade and commerce:

between the States; or

between a State and a Territory or between 2 Territories;

between Australia and places outside Australia; or

the person is located in a Territory, or the information relates to a water resource in a Territory.

at least one of the parties to the pre-trade, trade or transfer is a constitutional corporation or the things done affect the activities of a constitutional corporation; or

the pre-trade, trade or transfer takes place in the course of trade and commerce:

between the States; or

between a State and a Territory or between 2 Territories; or

between Australia and places outside Australia; or

at least one of the parties to the pre-trade, trade or transfer is located in a Territory, or the pre-trade, trade or transfer is in relation to a water resource in a Territory; or

at least one element of the pre-trade, trade or transfer takes place using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution).

that the water markets decision is provided to the Bureau for the purposes of the publication of the decision as the means by which the person first announces the decision; or

if the water markets decision is not provided to the Bureau under paragraph (a)—that the water markets decision is first announced in a manner prescribed by the regulations.

report the announcement of the water markets decision to the Bureau; and

report the details (if any) in relation to the water markets decision or the announcement that are prescribed by the regulations.

the decision;

the report;

details in relation to the decision or the report.

the fact that the water markets decision was made and the date on which it was made;

if the water markets decision was provided to the Bureau under paragraph 101B(1)(a)—all the details provided, and the date and time on which the water markets decision was provided;

if the water markets decision was not announced under paragraph 101B(1)(a)—the date, time, manner and content of the announcement of the water markets decision;

such other information (if any) as is prescribed by the regulations.

name the person to which it is given; and

specify the information or documents to which it relates; and

specify that the person must comply with the notice within 21 days; and

explain the effect of section 101E (extending the period for compliance), 101F (requirement to comply) and 101G (false or misleading information).

the period of 21 days specified in the notice; or

if the period for complying with the notice has been extended under section 101E—the period as so extended.

give to the ACCC false or misleading information; or

produce to the ACCC documents that contain false or misleading information.

information that the person could not have known was false or misleading; or

the production to the ACCC of a document containing false or misleading information if the document is accompanied by a statement of the person that the information is false or misleading.

a water markets decision that:

has not been announced as mentioned in subsection 101B(1); or

has been announced as mentioned in subsection 101B(1), but has not been available for a reasonable period in order for it to be brought to the attention of interested members of the public; or

information that:

has not been generally available for a reasonable period; and

relates to a water markets decision of a kind mentioned in paragraph (1)(a).

to enter into a contract or agreement to trade or transfer an eligible tradeable water right, if the price or value of the eligible tradeable water right could reasonably be expected to be materially affected if the water announcement information had been announced or had been generally available for a reasonable period, as the case requires;

to decide not to enter into a contract or agreement to trade or transfer an eligible tradeable water right, being a contract or agreement that the insider would have entered into but for the fact that the person was aware of the water announcement information, if the price or value of the eligible tradeable water right could reasonably be expected to be materially affected if the water announcement information had been announced or had been generally available for a reasonable period, as the case requires;

to apply to a water market authority in relation to the trade or transfer of an eligible tradeable water right, if the price or value of the eligible tradeable water right could reasonably be expected to be materially affected if the water announcement information had been announced or had been generally available for a reasonable period, as the case requires; or

to directly or indirectly communicate, or cause to be communicated, the water announcement information to another person if the insider knows, or ought reasonably to know, that the other person would or would be likely to engage in conduct of a kind mentioned in paragraph (a), (b) or (c).

the decision to take the action was taken on its behalf by a person or persons other than that officer or member of staff; and

it had in operation at that time arrangements that could reasonably be expected to ensure:

that the water announcement information was not communicated to the person or persons who made the decision referred to in paragraph (a); and

that no advice with respect to the decision was given to that person or any of those persons by a person in possession of the water announcement information; and

the water announcement information was not so communicated and no such advice was given.

20,000 penalty units;

if the court can determine the benefit derived and detriment avoided because of the contravention—that amount multiplied by 3;

(c) 10% of the annual turnover of the body corporate (Corporations Act 2001) for the 12-month period ending at the end of the month in which the body corporate contravened, or began contravening, the section concerned, up to a maximum amount equal to 2.5 million penalty units.within the meaning of subsection 1317G(4) of the

(a) a person engages in conduct (the contravening conduct) that contravenes this Part (other than Division 3); and

the contravening conduct causes, or is likely to cause, a person to suffer loss or damage;

redress, in whole or in part, the loss or damage suffered by the person in relation to the contravening conduct; or

prevent or reduce the loss or damage suffered, or likely to be suffered, by the person in relation to the contravening conduct.

does not know of the circumstances that constitute the contravention of the provision concerned; or

knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the partner becomes aware of those circumstances.

is imposed on each member of the association’s committee of management instead; and

may be discharged by any of the members.

does not know of the circumstances that constitute the contravention of the provision concerned; or

knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the member becomes aware of those circumstances.

is imposed on each trustee of the trust instead; and

may be discharged by any of the trustees.

does not know of the circumstances that constitute the contravention of the provision concerned; or

knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the trustee becomes aware of those circumstances.

the person is required to give the information under this Part; and

if the person gives the information under this Part—the person is not required to give the information under Part 7.

if the other person is a body corporate—the person is:

(i) a director or secretary of the body corporate; or

(ii) a related body corporate (within the meaning of the Corporations Act 2001); or

(iii) a director or secretary of a related body corporate (within the meaning of the Corporations Act 2001); or

the person is acting, or proposes to act, in concert with the other person; or

the person is or proposes to become associated with the other person, whether formally or informally, in any other way;

one gives advice to the other, or acts on the other’s behalf, in the proper performance of the functions attaching to a professional capacity or a business relationship;

one, a client, gives specific instructions to the other in the ordinary course of business.

(a) the person is aware, or ought to be aware, of information (non-water announcement information) that is not water announcement information and that could reasonably be expected to have a material effect on the price or value of an eligible tradeable water right if the information were generally available; and

the non-water announcement information has not been generally available for a reasonable period.

to enter into a contract or agreement to trade or transfer the eligible tradeable water right;

to decide not to enter into a contract or agreement to trade or transfer the eligible tradeable water right, being a contract or agreement that the insider would have entered into but for the fact that the person was aware of the non-water announcement information;

to apply to a water market authority in relation to the trade or transfer of the eligible tradeable water right;

to directly or indirectly communicate, or cause to be communicated, the non-water announcement information to another person if the insider knows, or ought reasonably to know, that the other person would or would be likely to engage in conduct of a kind mentioned in paragraph (a), (b) or (c).

the decision to take the action was taken on its behalf by a person or persons other than that officer or member of staff; and

it had in operation at that time arrangements that could reasonably be expected to ensure:

that the non-water announcement information was not communicated to the person or persons who made the decision referred to in paragraph (a); and

that no advice with respect to the decision was given to that person or any of those persons by a person in possession of the non-water announcement information; and

the non-water announcement information was not so communicated and no such advice was given.

the person takes an action referred to in paragraph 101JA(2)(a), (b) or (c); and

the non-water announcement information is about the past, current or proposed trading or business activity of the person.

the person takes an action referred to in paragraph 101JA(2)(d); and

the action is taken in the course of seeking water markets intermediary services; and

the non-water announcement information is about the past, current or proposed trading or business activity of the client.

the person, eligible water markets intermediary or relevant agency takes an action referred to in paragraph 101JA(2)(a), (b), (c) or (d); and

the person, eligible water markets intermediary or relevant agency is required to take the action by or under a law of the Commonwealth, a State or a Territory.

creating an artificial price for eligible tradeable water rights; or

maintaining at a level that is artificial (whether or not it was previously artificial) a price for eligible tradeable water rights.

of active trading in a market for eligible tradeable water rights; or

with respect to the market for, or the price for trading in, eligible tradeable water rights.

(a) the person makes an offer (the regulated offer) to acquire or dispose of eligible tradeable water rights; and

the regulated offer is to acquire or to dispose of eligible tradeable water rights at a specified price; and

the person has made or proposes to make, or knows that an associate of the person has made or proposes to make:

if the regulated offer is an offer to acquire—an offer to dispose of; or

if the regulated offer is an offer to dispose of—an offer to acquire;

whether a trade or transfer of eligible tradeable water rights involved, or did not involve, a change in the beneficial ownership of the eligible tradeable water rights; and

if a trade or transfer of eligible tradeable water rights did not involve a change in the beneficial ownership of the eligible tradeable water rights—whether there was a genuine purpose for the trade or transfer.

the price for trading in eligible tradeable water rights being maintained, inflated or depressed; or

fluctuations in the price for trading in eligible tradeable water rights.

the offer, trade or transfer, or thing done, constitutes or would constitute a contravention of section 101JG, 101JH or 101JJ; and

the person, or an associate of the person:

has made such an offer, has entered into such a trade or transfer, or has done such an act or thing; or

has received, or may receive, directly or indirectly, a consideration or benefit for circulating or disseminating, or authorising the circulation or dissemination of, the statement or information.

to ensure that the governance of water markets and trading arrangements relating to Basin water resources is appropriate, and that governance measures promote integrity and transparency in water markets; and

trading of eligible tradeable water rights on behalf of another person in exchange for a commission or fee;

investigating eligible tradeable water rights trading possibilities on behalf of a water market participant or a potential water market participant in exchange for a commission or fee;

preparing documents that are necessary for the trade or transfer of eligible tradeable water rights on behalf of a water market participant or a potential water market participant in exchange for a commission or fee;

providing a trading platform or water exchange for eligible tradeable water rights;

giving advice (whether or not for payment of any kind) in the course of providing services of a kind mentioned in paragraph (a), (b), (c) or (d) to a water market participant or a potential water market participant about trading in eligible tradeable water rights, other than advice that is of a general nature and not provided to address the specific circumstances of a water market participant or a potential water market participant;

making a representation that an eligible tradeable water right is available for sale or purchase, if the person will facilitate the trade or transfer of the eligible tradeable water right in exchange for a commission or fee.

a person authorised or required under a law of a State to approve, allow or register the trade or transfer; or

an irrigation infrastructure operator that approves, allows or registers the trade or transfer.

any raw data, or any value added information product (including information that is generated), that relates to:

the pre-trade, trade or transfer of any type of eligible tradeable water right; or

the allowance, approval or registration of a trade or transfer of any type of eligible tradeable water right; or

accounts relating to eligible tradeable water rights; or

the ownership of eligible tradeable water rights and other entitlements on issue relating to Basin water resources;

any metadata or contextual information relating to information of a kind referred to in paragraph (a);

such other information (if any) as is prescribed by the regulations.

a tradeable water right;

any other right in relation to the taking or use of water that is able to be traded or transferred, other than a right prescribed by the regulations;

a right prescribed by the regulations;

the integrity and transparency in water markets relating to Basin water resources; and

a constitutional corporation; or

a person or body that is located in a Territory.

at least one of the parties to the pre-trade, trade or transfer is a constitutional corporation;

the pre-trade, trade or transfer takes place in the course of trade and commerce:

between the States; or

between a State and a Territory or between 2 Territories;

trade or commerce between Australia and places outside Australia;

the pre-trade, trade or transfer takes place in a Territory or relates to eligible tradeable water rights in relation to a water resource in a Territory; or

at least one element of the pre-trade, trade or transfer takes place using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution).

collecting, holding, managing, interpreting and disseminating Australia’s water markets information;

issuing Water Markets Data Standards;

giving advice on matters relating to water markets information;

any other matter, relating to water markets information, specified in the regulations.

if the Director believes it would not be in the public interest; or

to the extent that the information identifies a particular individual by means of the individual’s name, address, customer number or account number or other identifier, unless the information:

is already published; or

is otherwise publicly available.

merely because the individual’s identity can be ascertained from the information, due to the nature or volume of a trade or transfer of an eligible tradeable water right; or

in other circumstances prescribed by the regulations.

must be given in the form or manner specified in the regulations; and

must comply with any applicable Water Markets Data Standards.

acted in good faith; and

exercised a reasonable degree of care and diligence.

of a commercial nature; or

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

commercially sensitive.

within a specified period of time; and

in a specified form or manner; and

in accordance with any applicable Water Markets Data Standards.

acted in good faith; and

exercised a reasonable degree of care and diligence.

of a commercial nature; or

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

commercially sensitive.

record the water markets information electronically, unless the regulations provide otherwise; and

collect, generate or record the water markets information in accordance with any applicable Water Markets Data Standards.

acted in good faith; and

exercised a reasonable degree of care and diligence.

of a commercial nature; or

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

commercially sensitive.

the details for collecting, generating, recording or providing water markets information as required by Division 4;

the details of the persons or bodies that will be required to collect, generate, record or provide water markets information as required by Division 4;

any other matter relating to water markets information that is specified in the regulations.

be expressed to apply to a specified water resource or area;

provide for methods of identifying the following:

water market participants;

eligible water markets intermediaries;

water market authorities;

other persons;

individual trades or transfers;

provide for metadata requirements;

provide for time periods in respect of, or within which, the water markets information is required to be collected, generated, recorded or provided;

provide for the manner in which the water markets information is to be collected, generated, recorded or provided.

as in force or existing at a particular time; or

as in force or existing from time to time;

the text of the matter applied, adopted or incorporated is made publicly available on the Bureau’s website, unless that text is set out in the relevant Water Markets Data Standard; and

if the text of the matter is applied, adopted or incorporated as in force or existing from time to time—any subsequent amendments of that text are made publicly available on that website.

all the information in relation to the application for the trade or transfer required by the authority;

all the information in relation to the application for the trade or transfer required by the regulations (if any).

if the application is made by an eligible water markets intermediary, that eligible water markets intermediary;

the owner of the eligible tradeable water right being traded or transferred;

the person to whom the eligible tradeable water right is to be traded or transferred.

acted in good faith; and

exercised a reasonable degree of care and diligence.

of a commercial nature; or

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

commercially sensitive.

records of the reason for the trade or transfer, including records substantiating or supporting the reason;

records of the price for which the eligible tradeable water right was traded or transferred, including records substantiating or supporting the price;

such other information (if any) as is prescribed by the regulations.

acted in good faith; and

exercised a reasonable degree of care and diligence.

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.

with a State or a Territory, or an authority of a State or a Territory; and

at a level equivalent to that of an SES employee;

the person is required to give the information under this Part;

the Prime Minister;

the Premiers of each State;

the Chief Ministers of the Australian Capital Territory and Northern Territory.

(ca) a contravention of Part 5 of the Water Act 2007 or of the Water Markets Intermediaries Code within the meaning of that Act; or

(ca) a contravention of Part 5 of the Water Act 2007 or the Water Markets Intermediaries Code within the meaning of that Act; or

(i) obtained by the Commission under Water Act 2007; orsection 239AJ or 100ZD of the

(ii) disclosed to the Commission under Water Act 2007; orsection 215UB(2A) or 135P of the

(iii) obtained under Water Act 2007 or the Water Market Intermediaries Code within the meaning of the Water Act 2007.Part XID of this Act and relates to a matter arising under Part 5 of the

the ACCC if the contravention is a contravention of a provision of Part 5, regulations made for the purposes of Part 5 or the Water Markets Intermediaries Code; or

the ACCC if the contravention is a contravention of a provision of Part 10AC; or

the words “civil penalty” and one or more amounts in penalty units are set out at the foot of the provision; or

another provision of the Water Markets Intermediaries Code specifies that the provision is a civil penalty provision.

Part 5 or the Water Markets Intermediaries Code; or

on its own initiative, during proceedings before the Court; or

on application by the ACCC, made within 6 years after the alleged contravention.

by the ACCC under Part 8; or

to give to the ACCC, by writing signed by the person, within the time and in the manner specified in the notice, any such information;

to produce to the ACCC, or to a person specified in the notice acting on its behalf, in accordance with the notice, any such documents; or

to appear before the ACCC, or before a member of the staff assisting the ACCC who is an SES employee or an acting SES employee and who is specified in the notice, at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents.

that constitutes, or may constitute, a contravention of one or more of the following:

Part 5 of this Act or regulations made under Part 5 of this Act;

the Water Markets Intermediaries Code;

an undertaking under section 163 of this Act; or

that is relevant to the performance of a function or the exercise of a power conferred on the ACCC by or under a provision of this Act, regulations made under this Act or the Water Markets Intermediaries Code;

the ACCC commences proceedings in relation to the matter (other than proceedings for an injunction, whether interim or final); or

the close of pleadings in relation to an application by the ACCC for a final injunction in relation to the matter.

refuse or fail to comply with a notice under subsection (2);

in purported compliance with such a notice, knowingly give information or evidence that is false or misleading.

the person refuses or fails to comply with a notice under subsection (2); or

in purported compliance with such a notice, knowingly gives information or evidence that is false or misleading.

the notice relates to producing documents; and

the person proves that, after a reasonable search, the person is not aware of the documents; and

the person provides a written response to the notice, including a description of the scope and limitations of the search.

the notice relates to producing documents; and

the person proves that, after a reasonable search, the person is not aware of the documents; and

the person provides a written response to the notice, including a description of the scope and limitations of the search.

the nature and complexity of the matter to which the notice relates;

the number of documents involved;

the ease and cost of retrieving a document relative to the resources of the person who was given the notice;

any other relevant matter.

to give information or evidence that would disclose the contents of a document prepared for the purposes of a meeting of the Cabinet of a State or Territory; or

to produce a document prepared for the purposes of a meeting of the Cabinet of a State or Territory; or

to give information or evidence, or to produce a document, that would disclose the deliberations of the Cabinet of a State or Territory.

within which the information must be given; or

within which the documents must be produced; or

at which the person is required to appear before the ACCC or the member of the staff assisting the ACCC who is specified in the notice.

proceedings for an offence against section 239AJ; or

(b) proceedings for an offence against Criminal Code that relates to that section.section 137.1, 137.2 or 149.1 of the

(cb) a contravention of Water Act 2007, other than Division 3 of that Part (water announcements); orPart 5A of the

(cb) a contravention of Water Act 2007, other than Division 3 of that Part (water announcements); orPart 5A of the

the Commonwealth; or

a Basin State; or

a person that is:

an agency of the Commonwealth; or

an agency of a Basin State; or

an irrigation infrastructure operator.

collecting, holding, managing, interpreting and disseminating information about water markets decisions;

the ACCC if the contravention is a contravention of a provision of Part 5A or regulations made for the purposes of Part 5A; or

Part 5A; or

Part 5A of this Act or regulations made under Part 5A of this Act;

a provision of Part 7A or regulations made for the purposes of that Part; or

Part 7A; or

the exercise of a power under Part 7A (water markets information);

subsection 215UB(2A) (disclosure of information);