(cf State Owned Corporations Act 1989, section 31)
This Act binds the Crown.
(cf State Owned Corporations Act 1989, section 33)
(1) A requirement of this Act that provisions be included in the constitution of a company does not have effect to the extent to which the requirement or the provisions are inconsistent with a law of the Commonwealth.(2) A requirement of this Act that provisions be inserted in the constitution of a company does not have effect to the extent to which the requirement or the provisions are inconsistent with a law of a place (other than New South Wales), if the company is a subsidiary of the Corporation and the company is or is to be incorporated under the law of that place.
55 Duties and liabilities of directors and other officers
(cf State Owned Corporations Act 1989, section 33A)
(1) Schedule 6 has effect.(2) The regulations may amend or replace Schedule 6.(3) Any such regulations:(a) may confer jurisdiction on courts in relation to the duties and liabilities of directors and officers and associated matters, and(b) may impose penalties not exceeding 500 penalty units or imprisonment not exceeding 5 years, or both.
56 Liability of directors and other officers in respect of particular obligations
(cf State Owned Corporations Act 1989, section 33AA)
(1) This section applies to the obligation of the Board to supply information requested of the Board under section 49.(2) A director of the Corporation does not, despite any other law, incur any personal liability for the compliance, or purported compliance, in good faith by the Board with an obligation to which this section applies.(3) An officer of the Corporation does not, despite any other law, incur any personal liability for his or her compliance, or purported compliance, in good faith with a direction or decision given or made by or on behalf of the Board for the purpose of complying with an obligation to which this section applies.(4) This section does not affect any other protection that a director or other officer would have for compliance, or purported compliance, with such an obligation.(5) In this section, officer of the Corporation means:(a) a director of the Corporation, or(b) the Corporation’s chief executive officer, or(c) any other person who is concerned, or takes part, in the Corporation’s management.
(cf State Owned Corporations Act 1989, section 33B)
(1) Proceedings for an offence against this Act or the regulations are to be disposed of summarily before:(a) the Local Court, or(b) the Supreme Court in its summary jurisdiction.(2) The maximum penalty that may be imposed by the Local Court for an offence against this Act or the regulations is 50 penalty units or imprisonment for 12 months, or both.
58 Application of Public Finance and Audit Act 1983
(cf State Owned Corporations Act 1989, section 35A)
The Public Finance and Audit Act 1983 does not apply in relation to the Corporation or any of its subsidiaries.
59 Application of Independent Commission Against Corruption Act 1988
(cf State Owned Corporations Act 1989, section 36)
For the purposes of the Independent Commission Against Corruption Act 1988:(a) the Corporation and its subsidiaries are public authorities, and(b) directors, officers and employees of the Corporation, or of its subsidiaries, are public officials.
59A Section 293 of Water Management Act 2000 does not apply to certain functions under this Act
(1) A constituent council is not subject to the control and direction of the Minister under section 293 of the Water Management Act 2000 in its capacity as a water supply authority in connection with the exercise by the council of any of the following functions:(a) the making of transfer orders to transfer any of the staff, assets, rights or liabilities of the council to the Corporation,(b) the making of a request by the council for the Minister to recommend the making of a proclamation referred to in section 2 (2) (b) or (c),(c) the granting of consent by the council for the purposes of section 32 (3),(d) the determination of the consideration (if any) for any assets, rights or liabilities of a constituent council that are, or are proposed to be, transferred to the Corporation under this Act.(2) However, this section does not limit the Minister’s powers of control and direction under section 293 of the Water Management Act 2000 when exercised for the purpose of ensuring that a constituent council complies with its undertakings under the Memorandum of Understanding.(3) In this section:Memorandum of Understanding means the Memorandum of Understanding entered into by the Minister and the constituent councils on 9 August 2010 concerning the transfer under this Act of the functions of the councils as water supply authorities to the Corporation.
(cf State Owned Corporations Act 1989, section 38)
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) The regulations may create offences punishable by a penalty not exceeding 50 penalty units (in the case of an individual) and 100 penalty units (in any other case).
The Acts specified in Schedule 7 are amended as set out in that Schedule.
62 Savings and transitional provisions
(cf State Owned Corporations Act 1989, section 39)
Schedule 8 has effect.
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.