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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018-2019
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Murray-Darling Basin Commission of
Inquiry Bill 2019
No. , 2019
(Senator Hanson-Young)
A Bill for an Act to establish an inquiry into the
management of the Murray-Darling Basin, and for
related purposes
No. , 2019
Murray-Darling Basin Commission of Inquiry Bill 2019
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Simplified outline of this Act ............................................................ 2
4
Act binds Crown ................................................................................ 2
5
Definitions ......................................................................................... 3
Part 2--Establishing the Murray-Darling Basin Commission of
Inquiry
4
6
Establishment of Commission ........................................................... 4
7
Terms of reference ............................................................................. 4
8
Report to the Parliament .................................................................... 5
Part 3--Powers of the Murray-Darling Basin Commission of
Inquiry
7
9
Hearings ............................................................................................ 7
10
Commission not bound by the rules of evidence ............................... 7
11
Application of the Royal Commissions Act 1902 ............................... 7
12
Application of Commonwealth laws ................................................. 8
Part 4--Other matters
9
13
Remuneration and allowances of Commissioner ............................... 9
14
End of Commissioner's appointment ................................................ 9
15
Staff of the Commission .................................................................... 9
16
Legal and financial assistance ......................................................... 10
17
Commission may communicate information ................................... 10
18
Regulations ...................................................................................... 10
No. , 2019
Murray-Darling Basin Commission of Inquiry Bill 2019
1
A Bill for an Act to establish an inquiry into the
1
management of the Murray-Darling Basin, and for
2
related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act is the Murray-Darling Basin Commission of Inquiry Act
8
2019.
9
Part 1 Preliminary
Section 2
2
Murray-Darling Basin Commission of Inquiry Bill 2019
No. , 2019
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day after this Act receives the Royal
Assent.
2. Sections 3 to
18
The day the Consolidated Revenue Fund is
appropriated to fund the Murray-Darling
Basin Commission of Inquiry.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Simplified outline of this Act
13
This Act establishes the Murray-Darling Basin Commission of
14
Inquiry.
15
The Commission has the same powers as a Royal Commission.
16
4 Act binds Crown
17
This Act binds the Crown in each of its capacities.
18
Preliminary Part 1
Section 5
No. , 2019
Murray-Darling Basin Commission of Inquiry Bill 2019
3
5 Definitions
1
In this Act:
2
Basin State has the same meaning as in the Water Act 2007.
3
Basin water resources has the same meaning as in the Water Act
4
2007.
5
Commission means the Murray-Darling Basin Commission of
6
Inquiry established under section 6.
7
Commissioner means the Commissioner of the Commission
8
appointed under subsection 6(2).
9
environmental watering has the same meaning as in the Water Act
10
2007.
11
Judge means a Judge of a court created by the Parliament or of the
12
Supreme Court of a State.
13
legal practitioner means a barrister, a solicitor, a barrister and
14
solicitor, or a legal practitioner, of the High Court or of the
15
Supreme Court of a State.
16
Murray-Darling Basin has the same meaning as in the Water Act
17
2007.
18
President means the President of the Senate.
19
public agency means:
20
(a) an agency of the Commonwealth (within the meaning of the
21
Water Act 2007); or
22
(b) an agency of a State (within the meaning of that Act).
23
Note:
An agency of the Commonwealth, or an agency of a State, includes
24
individuals such as Ministers and persons holding offices established
25
by or under a law of the Commonwealth or the State.
26
Speaker means the Speaker of the House of Representatives.
27
State includes the Australian Capital Territory and the Northern
28
Territory.
29
Part 2 Establishing the Murray-Darling Basin Commission of Inquiry
Section 6
4
Murray-Darling Basin Commission of Inquiry Bill 2019
No. , 2019
Part 2--Establishing the Murray-Darling Basin
1
Commission of Inquiry
2
3
6 Establishment of Commission
4
(1) The Murray-Darling Basin Commission of Inquiry is established
5
by this section.
6
(2) The Commission is constituted by a Commissioner appointed for
7
this subsection by a resolution of the Senate.
8
(3) A person is not eligible for appointment as a Commissioner unless
9
the person is or has been a Judge.
10
7 Terms of reference
11
(1) The Commission must inquire and advise the Parliament in relation
12
to the following matters:
13
(a) any misconduct relating to, or affecting, the management of
14
the Basin water resources;
15
(b) the legislative and administrative framework for
16
implementing, managing and enforcing the Basin Plan;
17
(c) the impact that the implementation, management and
18
enforcement of the Basin Plan has had on the environment,
19
agriculture and communities that rely on the Basin water
20
resources;
21
(d) the suitability and effectiveness of the existing legislative and
22
administrative framework for the management of the Basin
23
water resources, including any adverse effects that
24
framework has had on the management of the Basin water
25
resources (whether or not those effects are the result of
26
misconduct);
27
(e) the allocation of funds by the Commonwealth and the Basin
28
States to implement the Basin Plan, and the impact of funded
29
projects (including water buybacks and efficiency measures)
30
in facilitating environmental watering in the Murray-Darling
31
Basin;
32
Establishing the Murray-Darling Basin Commission of Inquiry Part 2
Section 8
No. , 2019
Murray-Darling Basin Commission of Inquiry Bill 2019
5
(f) the likely impact of climate change to the Basin water
1
resources, and any appropriate measures to take to adapt
2
those resources in light of that impact;
3
(g) any matter reasonably incidental to a matter mentioned in the
4
above paragraphs.
5
(2) Without limiting paragraph (1)(a), misconduct includes any
6
conduct of a person or body (whether or not a public agency):
7
(a) that adversely affects, or that could adversely affect, either
8
directly or indirectly, the honest or impartial performance or
9
exercise of a public agency's functions or powers; or
10
(b) that constitutes or involves an offence against a law of the
11
Commonwealth or a law of the State; or
12
(c) that constitutes or involves a contravention of a civil penalty
13
provision under a law of the Commonwealth or of a State; or
14
(d) that would attract any other penalty under a law of the
15
Commonwealth or a State, including a breach of a standard
16
or licence condition; or
17
(e) that constitutes or involves breach of trust, fraud in office,
18
nonfeasance, misfeasance, malfeasance, oppression, extortion
19
or imposition.
20
(3) The Commission is not required to inquire, or to continue to
21
inquire, into a particular matter to the extent that it is satisfied that
22
the matter has been, is being, or will be, sufficiently and
23
appropriately dealt with by:
24
(a) another inquiry or investigation; or
25
(b) a criminal or civil proceeding.
26
(4) In inquiring and advising in accordance with subsection (1), the
27
Commission may give priority to matters which, in the
28
Commission's opinion, have greater potential for harm.
29
8 Report to the Parliament
30
(1) The Commission must prepare a report setting out its findings and
31
recommendations.
32
Part 2 Establishing the Murray-Darling Basin Commission of Inquiry
Section 8
6
Murray-Darling Basin Commission of Inquiry Bill 2019
No. , 2019
(2) The report must be submitted to the President and the Speaker
1
before the end of a period of 1 year starting on this section's
2
commencement. The period may be extended by a resolution of the
3
Senate.
4
(3) The Commissioner may exclude from the report any information
5
that the Commissioner is satisfied would have one or more of the
6
following effects if laid before either House of the Parliament:
7
(a) a person who has been or may be charged with an offence
8
might not receive a fair trial for the offence;
9
(b) the conduct of an investigation of a breach or possible breach
10
of the law might be prejudiced;
11
(c) the existence or identity of a confidential source of
12
information in relation to the enforcement or administration
13
of the law might be disclosed or a person enabled to ascertain
14
the existence or identity of that source;
15
(d) there might be prejudice to the safety or reputation of a
16
person.
17
(4) As soon as practicable after receiving the report, the President and
18
the Speaker must cause copies of the report to be laid before the
19
Senate and the House of Representatives.
20
(5) The Minister must table the Government's response to the report
21
within 6 months after copies of the report are laid before the
22
Senate.
23
Powers of the Murray-Darling Basin Commission of Inquiry Part 3
Section 9
No. , 2019
Murray-Darling Basin Commission of Inquiry Bill 2019
7
Part 3--Powers of the Murray-Darling Basin
1
Commission of Inquiry
2
3
9 Hearings
4
(1) The Commission may hold hearings.
5
(2) The hearings may be held at such places as the Commission
6
determines.
7
(3) Subject to this Act, the procedure at a hearing is to be such as the
8
Commission determines.
9
10 Commission not bound by the rules of evidence
10
The Commission is not bound by the rules of evidence and may
11
inform itself on any matter in such manner as it thinks fit.
12
11 Application of the Royal Commissions Act 1902
13
(1) Subject to this section, the Royal Commissions Act 1902, and
14
regulations made under that Act (the Royal Commissions
15
Regulations), apply in relation to the Commission, and to the
16
Commissioners conducting it, as if:
17
(a) the Commission were a Royal Commission; and
18
(b) the Commissioner were a member of a Royal Commission.
19
(2) The Governor-General may make regulations (under this
20
subsection), amending the Royal Commissions Regulations, as the
21
Royal Commissions Regulations apply in accordance with
22
subsection (1) of this section.
23
(3) Sections 10 and 15 of the Royal Commissions Act 1902, in their
24
application in accordance with subsection (1) of this section, have
25
effect as if references in those sections to offences against that Act
26
included references to such offences as apply in accordance with
27
subsection (1) of this section.
28
Part 3 Powers of the Murray-Darling Basin Commission of Inquiry
Section 12
8
Murray-Darling Basin Commission of Inquiry Bill 2019
No. , 2019
12 Application of Commonwealth laws
1
The law of the Commonwealth (including the general law) applies
2
in the same way in relation to the Commission as it would apply in
3
relation to a Royal Commission.
4
Other matters Part 4
Section 13
No. , 2019
Murray-Darling Basin Commission of Inquiry Bill 2019
9
Part 4--Other matters
1
2
13 Remuneration and allowances of Commissioner
3
(1) The Commissioner is to be paid the remuneration that is
4
determined by the Remuneration Tribunal. If no determination of
5
that remuneration by the Tribunal is in operation, the
6
Commissioner is to be paid the remuneration that is prescribed in
7
the regulations.
8
(2) The Commissioner is to be paid the allowances that are prescribed
9
in the regulations.
10
(3) This section has effect subject to the Remuneration Tribunal Act
11
1973.
12
(4) However, the Commissioner is not entitled to remuneration and
13
allowances under this section if:
14
(a) the Commissioner is a Judge; and
15
(b) the Commissioner is still receiving remuneration and annual
16
allowances as a Judge.
17
14 End of Commissioner's appointment
18
The Commissioner's appointment ends if:
19
(a) the Commissioner submits a report in accordance with
20
section 8 to the Speaker and the President; or
21
(b) the Senate passes a resolution to end the Commissioner's
22
appointment.
23
15 Staff of the Commission
24
(1) The Commission may employ such persons as it considers
25
necessary for the performance of its functions and the exercise of
26
its powers.
27
(2) An employee is to be employed on the terms and conditions that
28
the Commission determines in writing.
29
Part 4 Other matters
Section 16
10
Murray-Darling Basin Commission of Inquiry Bill 2019
No. , 2019
16 Legal and financial assistance
1
(1) A person who is appearing or is about to appear, or a person who is
2
entitled to appear, before the Commission may apply to the
3
Commission for assistance under this section.
4
(2) The Commission may, if it is satisfied that:
5
(a) it would involve substantial hardship to the person to refuse
6
the application; or
7
(b) the circumstances of the case are of such a nature that the
8
application should be granted;
9
authorise the provision to that person of such legal or financial
10
assistance in respect of that person's appearance as the
11
Commission determines.
12
(3) The authorisation given may be conditional or unconditional.
13
(4) The Minister must ensure that any legal or financial assistance
14
authorised by the Commission is provided.
15
17 Commission may communicate information
16
(1) The Commissioner may disclose information obtained by the
17
Commission in the course of its inquiry to the following if the
18
information relates, or may relate, to a failure to comply with any
19
law (including the Basin Plan) relevant to the management of the
20
Basin water resources:
21
(a) the Murry-Darling Basin Authority;
22
(b) any public agency with responsibilities relating to water
23
management.
24
(2) This authority given under this section is in addition to the
25
authority given to the Commission to disclose information under
26
section 6P of the Royal Commissions Act 1902.
27
18 Regulations
28
The Governor-General may make regulations prescribing matters:
29
(a) required or permitted by this Act to be prescribed; or
30
Other matters Part 4
Section 18
No. , 2019
Murray-Darling Basin Commission of Inquiry Bill 2019
11
(b) necessary or convenient to be prescribed for carrying out or
1
giving effect to this Act.
2