Water Legislation Amendment Act 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Water Legislation Amendment Act 2013 No. 24 of 2013 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENT OF WATER ACT 1989 3 3 Definitions 3 4 Role of Minister 3 5 Management plan 3 6 Definition of right to water 4 7 Offence to give a transfer or assignment without Ministerial approval 4 8 Ministerial approval of transfer or assignment 4 9 Further assignment of water allocation 4 10 Rule making powers for bulk entitlements 5 11 New sections 51AA and 51AB inserted 5 51AA Amendment of original registration licences and issue of new registration licences in certain circumstances 5 51AB Issue of new registration licences in certain circumstances 7 12 Conditions of licence 9 13 Amendment of licence issued under section 51(1), or registration licence, on motion of Minister 9 14 Amendment of licence issued under section 51(1), or registration licence, on application of licence holder 10 15 Procedure applying to application 10 16 Ministerial consideration of application 10 17 Revocation of licence 10 18 Surrender of licence 10 19 Transfer of licence to take and use water 11 20 Declaration for taking of water under a licence in subsequent water season 11 21 Transfer of licence to construct works etc. 11 22 Responsibilities for water register 11 23 What is recorded in the water register about works licences? 12 -- 1 of 25 -- Section Page ii Authorised by the Chief Parliamentary Counsel 24 New section 84VA inserted 13 84VA What is recorded in the water register about licences to take and use water? 13 25 What must an Authority record in the part of the water register for which it is responsible? 14 26 New section 84WA inserted 14 84WA What must a Rural Water Authority record in the part of the water register for which it is responsible? 14 27 What information is available from the water register? 15 28 Authority may reduce, restrict or discontinue water supply 15 29 Water meters 16 30 Serviced properties 16 31 Control over connections 16 32 New section 161BA inserted 18 161BA Reconfiguration plans 18 33 Adoption of reconfiguration plans by Authority 18 34 Authority may reduce, restrict or discontinue delivery of water 18 35 Liability of owners corporation or lot owners for fees for services supplied to subdivision 18 36 Interest on unpaid money 19 37 Prosecutions 20 38 Issues of evidence and proof 20 39 Recording mortgages of water shares 20 40 Continuing operation of registration licences 20 PART 3—AMENDMENT OF WATER INDUSTRY ACT 1994 21 41 Codes 21 PART 4—REPEAL OF AMENDING ACT 22 42 Repeal of amending Act 22 ═══════════════ ENDNOTES 23 -- 2 of 25 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Water Legislation Amendment Act 2013 † No. 24 of 2013 [Assented to 23 April 2013] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The purposes of this Act are— (a) to amend the Water Act 1989 in relation to— (i) meters on land; and (ii) licences to take and use water and licences to construct works; and Victoria -- 3 of 25 -- Part 1—Preliminary Water Legislation Amendment Act 2013 No. 24 of 2013 2 Authorised by the Chief Parliamentary Counsel (iii) the transfer of water shares by mortgagees; and (iv) the information that must be recorded in the water register; and (v) the appointment of persons who may bring proceedings for offences against the Act; and (vi) reconfiguration plans; and (vii) other minor amendments; and (b) to amend the Water Industry Act 1994 in relation to the Codes that may be made by the Essential Services Commission. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 December 2013, it comes into operation on that day. __________________ s. 2 -- 4 of 25 -- Part 2—Amendment of Water Act 1989 Water Legislation Amendment Act 2013 No. 24 of 2013 3 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENT OF WATER ACT 1989 3 Definitions (1) In section 3(1) of the Water Act 1989, the definition of mineral water is repealed. (2) In section 3(1) of the Water Act 1989, in the definition of registration licence, for "51(1A)" substitute "51(1A), 51AA or 51AB". 4 Role of Minister In section 22(3)(b) of the Water Act 1989, for "section 51" substitute "section 51(1) or a registration licence". 5 Management plan (1) In section 32A(3)(c)(i) of the Water Act 1989, for "section 51" substitute "section 51(1) or under a registration licence". (2) In section 32A(3)(k) of the Water Act 1989, for "section 51" substitute "section 51(1), or registration licences,". (3) In section 32A(12) of the Water Act 1989, for "a licence issued under section 51 or 67 is to be subject, every licence issued" substitute "a registration licence or a licence issued under section 51(1) or 67 is to be subject, every registration licence or licence issued". s. 3 See: Act No. 80/1989. Reprint No. 10 as at 1 January 2011 and amending Act Nos 50/2010, 29/2011, 50/2011, 63/2011 and 17/2012. LawToday: www. legislation. vic.gov.au -- 5 of 25 -- Part 2—Amendment of Water Act 1989 Water Legislation Amendment Act 2013 No. 24 of 2013 4 Authorised by the Chief Parliamentary Counsel 6 Definition of right to water In section 33 of the Water Act 1989, in paragraph (d) of the definition of right to water, for "section 51" substitute "section 51(1) or any registration licence". 7 Offence to give a transfer or assignment without Ministerial approval After section 33W(1)(a) of the Water Act 1989 insert— "(ab) transfer ownership of a water share that is subject to a mortgage recorded under clause 1 of Schedule 12A; or". 8 Ministerial approval of transfer or assignment After section 33X(1)(a) of the Water Act 1989 insert— "(ab) the transfer of ownership of a water share that is subject to a mortgage recorded under clause 1 of Schedule 12A; or". 9 Further assignment of water allocation (1) After section 46A(1) of the Water Act 1989 insert— "(1A) A person must not assign a water allocation under subsection (1) unless the person has first obtained the approval of— (a) the Minister; and (b) where the case so requires, any Authority whose works will be used to deliver the water.". (2) In section 46A(2) of the Water Act 1989, for "take and use" substitute "take and, subject to any other requirements of this Act, use". s. 6 -- 6 of 25 -- Part 2—Amendment of Water Act 1989 Water Legislation Amendment Act 2013 No. 24 of 2013 5 Authorised by the Chief Parliamentary Counsel 10 Rule making powers for bulk entitlements (1) For section 47E(1)(a) of the Water Act 1989 substitute— "(a) with respect to adjustment of volumes to be applied to permanent transfers of bulk entitlements under this Division or assignments under sections 46 and 46A; and". (2) In section 47E(1)(b), (c) and (d) of the Water Act 1989, after "transfers" insert "or assignments". 11 New sections 51AA and 51AB inserted After section 51 of the Water Act 1989 insert— "51AA Amendment of original registration licences and issue of new registration licences in certain circumstances (1) This section applies despite anything to the contrary in section 51. (2) A holder of an original registration licence may apply to the Minister (without payment of an application fee) for— (a) the original registration licence to be amended so that it authorises water to be taken and used from a single spring, soak or dam specified in the application, being a spring, soak or dam from which water was authorised to be taken and used under the licence immediately before its amendment under this section; and (b) the issue of a licence to take and use water from each other spring, soak or dam from which water was authorised to be taken and used under the original registration licence immediately before its amendment under this section. s. 10 -- 7 of 25 -- Part 2—Amendment of Water Act 1989 Water Legislation Amendment Act 2013 No. 24 of 2013 6 Authorised by the Chief Parliamentary Counsel (3) An application under this section must— (a) be made in a form and manner approved by the Minister; and (b) contain any information or document that is required by the Minister. (4) The Minister, on receiving an application under this section, may— (a) amend the original registration licence so that it authorises water to be taken and used from the spring, soak or dam specified in the application; and (b) issue a licence to take and use water from each other spring, soak or dam from which the holder of the original licence was authorised to take and use water under the original registration licence. (5) The Minister, in amending an original registration licence under subsection (4)(a), must reduce the volume of water authorised to be taken and used under that licence by an amount that is equivalent to the amount that is authorised to be taken and used under every licence issued under this section. (6) Subject to subsection (8), an original registration licence that is amended under subsection (4)(a) continues to be subject to any condition to which the licence was subject immediately before the licence was amended. (7) A licence issued under this section— (a) must not authorise the taking and use of water from more than one spring, soak or dam; and s. 11 -- 8 of 25 -- Part 2—Amendment of Water Act 1989 Water Legislation Amendment Act 2013 No. 24 of 2013 7 Authorised by the Chief Parliamentary Counsel (b) subject to subsection (8), is subject to any condition to which the taking and use of water from the relevant spring, soak or dam was subject under the original registration licence. (8) The Minister may amend a condition referred to in subsection (6) or (7)(b) to the extent necessary to reflect the amendment of the original registration licence and the issue of every licence under this section. (9) In this section, original registration licence means a registration licence issued under section 51(1A) that authorises water to be taken and used from more than one spring, soak or dam. 51AB Issue of new registration licences in certain circumstances (1) This section applies despite anything to the contrary in section 51. (2) A person who is a successor in title to the owner of a part or parcel of land from which water was taken and used under an original registration licence may apply (without payment of an application fee) to the Minister for the issue of a licence to take and use water from each spring, soak or dam on that part or parcel of land from which water was authorised to be taken and used under the original registration licence. (3) An application under subsection (2) must— (a) be made in a form and manner approved by the Minister; and (b) contain any information or document that is required by the Minister. s. 11 -- 9 of 25 -- Part 2—Amendment of Water Act 1989 Water Legislation Amendment Act 2013 No. 24 of 2013 8 Authorised by the Chief Parliamentary Counsel (4) Subject to this section, the Minister may issue a licence to take and use water from each spring, soak or dam specified in the application if the Minister is satisfied that— (a) the applicant is the successor in title to the owner of the part or parcel of land from which water was taken and used under an original registration licence; and (b) the original registration licence has not been surrendered under section 51A. (5) Before issuing a licence under this section, the Minister must— (a) give notice of the application to the holder of the original registration licence at the person's last known address; and (b) consider any submission made within 28 days after the date of the notice by the holder of the original registration licence. (6) If the Minister issues a licence under this section, the Minister must— (a) amend the original registration licence so that the original registration licence ceases to authorise the taking and use of water from the spring, soak or dam specified in a licence issued under this section; and (b) make any other amendment to the original registration licence that is neccessary to reflect the amendment of that licence under paragraph (a) and the issue of a licence under this section. s. 11 -- 10 of 25 -- Part 2—Amendment of Water Act 1989 Water Legislation Amendment Act 2013 No. 24 of 2013 9 Authorised by the Chief Parliamentary Counsel (7) The Minister, in amending an original registration licence under subsection (6)(a), must reduce the volume of water authorised to be taken and used under that licence by an amount that is equivalent to the amount that is authorised to be taken and used under every licence issued under this section. (8) A licence issued under this section— (a) must not authorise the taking and use of water from more than one spring, soak or dam; and (b) subject to subsection (9), is subject to any condition to which the taking and use of water from the relevant spring, soak or dam was subject under the original registration licence. (9) The Minister may amend a condition referred to in subsection (8)(b) to the extent necessary to reflect the amendment of the original registration licence and the issue of every licence under this section. (10) In this section, original registration licence has the same meaning as in section 51AA.". 12 Conditions of licence (1) In section 56(1)(a)(xiii) and (3A) of the Water Act 1989, for "licence issued under section 51(1A)" substitute "registration licence". (2) Section 56(1)(b) of the Water Act 1989 is repealed. 13 Amendment of licence issued under section 51(1), or registration licence, on motion of Minister (1) In the heading to section 59 of the Water Act 1989, for "section 51" substitute "section 51(1), or a registration licence,". s. 12 -- 11 of 25 -- Part 2—Amendment of Water Act 1989 Water Legislation Amendment Act 2013 No. 24 of 2013 10 Authorised by the Chief Parliamentary Counsel (2) In section 59(1) of the Water Act 1989, for "section 51 to take and use water" substitute "section 51(1), or a registration licence,". 14 Amendment of licence issued under section 51(1), or registration licence, on application of licence holder (1) In the heading to section 59A of the Water Act 1989, for "section 51" substitute "section 51(1), or a registration licence,". (2) In section 59A(1) of the Water Act 1989, for "section 51," substitute "section 51(1), or a registration licence,". (3) In section 59A(2) of the Water Act 1989, for "section 51" substitute "section 51(1), or a registration licence,". 15 Procedure applying to application In section 59B of the Water Act 1989, for "section 51 applies" substitute "section 51(1) or for a registration licence applies". 16 Ministerial consideration of application In section 59C of the Water Act 1989, after "section 59A" insert "that relates to a licence issued under section 51(1)". 17 Revocation of licence In section 60(1) of the Water Act 1989, for "section 51" substitute "section 51(1), or a registration licence,". 18 Surrender of licence In section 61(1) of the Water Act 1989, for "section 51" substitute "section 51(1) or a registration licence". s. 14 -- 12 of 25 -- Part 2—Amendment of Water Act 1989 Water Legislation Amendment Act 2013 No. 24 of 2013 11 Authorised by the Chief Parliamentary Counsel 19 Transfer of licence to take and use water (1) In section 62(2AA) of the Water Act 1989, after "title" insert "to the owner". (2) After section 62(5) of the Water Act 1989 insert— "(5A) Subsection (5) does not apply if the application is for approval of a permanent transfer of a licence to a successor in title to the owner of the land to which the licence relates.". 20 Declaration for taking of water under a licence in subsequent water season In section 62A(1) of the Water Act 1989, for "section 51" substitute "section 51(1), or registration licences,". 21 Transfer of licence to construct works etc. After section 74(5) of the Water Act 1989 insert— "(5A) Subsection (5) does not apply if the application is for approval of a permanent transfer of a licence to a successor in title to the owner of the land to which the licence relates.". 22 Responsibilities for water register (1) In section 84C(2) of the Water Act 1989— (a) in paragraph (f), for "67(1) where the licence relates to a declared water system." substitute "67(1); and"; (b) after paragraph (f) insert— "(g) licences to take and use water issued under section 51(1) or registration licences.". s. 19 -- 13 of 25 -- Part 2—Amendment of Water Act 1989 Water Legislation Amendment Act 2013 No. 24 of 2013 12 Authorised by the Chief Parliamentary Counsel (2) For section 84C(3)(b) of the Water Act 1989 substitute— "(b) the recording of any water allocation assignment in a water system for which that Authority is responsible for supplying water; and (c) any consumption of allocated water in a water system for which that Authority is responsible for supplying water; and (d) the recording of any temporary transfer under section 62 of a licence to take and use water issued under section 51(1); and (e) the volume of water consumed under a licence to take and use water issued under section 51(1) or a registration licence; and (f) if the Authority is a Rural Water Authority, any agreement to supply water (other than drinking water) entered into in accordance with section 124(7) by the Authority.". (3) After section 84C(3) of the Water Act 1989 insert— "(4) In this section— drinking water has the same meaning as in the Safe Drinking Water Act 2003; Rural Water Authority has the same meaning as in section 4A of the Water Industry Act 1994.". 23 What is recorded in the water register about works licences? In section 84V of the Water Act 1989 omit "which relates to a declared water system". s. 23 -- 14 of 25 -- Part 2—Amendment of Water Act 1989 Water Legislation Amendment Act 2013 No. 24 of 2013 13 Authorised by the Chief Parliamentary Counsel 24 New section 84VA inserted After section 84V of the Water Act 1989 insert— "84VA What is recorded in the water register about licences to take and use water? The Minister must ensure that the following details are recorded in the water register in relation to licences to take and use water issued under section 51(1) or registration licences— (a) the name and address of the holder of the licence; (b) the volume of water the licence authorises the holder of the licence to take and use; (c) a description of the land specified in the licence (if applicable); (d) the conditions to which the licence is subject; (e) the period that the licence is in force and the expiry date of the licence; (f) the name of the waterway, aquifer or works from which the water may be taken and the water system (if applicable); (g) the Authority to whom any fees are payable in relation to the licence; (h) any other information that the Minister considers necessary; (i) any other prescribed matters.". s. 24 -- 15 of 25 -- Part 2—Amendment of Water Act 1989 Water Legislation Amendment Act 2013 No. 24 of 2013 14 Authorised by the Chief Parliamentary Counsel 25 What must an Authority record in the part of the water register for which it is responsible? For section 84W(b) of the Water Act 1989 substitute— "(b) any water allocation assignment in a water system for which that Authority is responsible for supplying water; and (ba) any consumption of allocated water in a water system for which that Authority is responsible for supplying water; and (bb) any temporary transfer under section 62 of a licence to take and use water issued under section 51(1); and (bc) the volume of water consumed under a licence to take and use water issued under section 51(1) or a registration licence; and". 26 New section 84WA inserted After section 84W of the Water Act 1989 insert— "84WA What must a Rural Water Authority record in the part of the water register for which it is responsible? (1) In addition to the requirements set out in section 84W, a Rural Water Authority must record and maintain the following records and information relating to agreements to supply water (other than drinking water) entered into by the Authority in accordance with section 124(7)— (a) the name and address of each party to the agreement; (b) the volume of water to be supplied or used (if applicable); s. 25 -- 16 of 25 -- Part 2—Amendment of Water Act 1989 Water Legislation Amendment Act 2013 No. 24 of 2013 15 Authorised by the Chief Parliamentary Counsel (c) a description of the land specified in the agreement (if applicable); (d) the period that the agreement is in force and the expiry date of the agreement; (e) the name of the works from which the water is supplied and the water system (if applicable); (f) any other information that the Rural Water Authority considers necessary; (g) any other prescribed matters; (h) any other information that the Minister considers necessary to be recorded in the part of the water register for which a Rural Water Authority is responsible. (2) In this section— drinking water has the same meaning as in the Safe Drinking Water Act 2003; Rural Water Authority has the same meaning as in section 4A of the Water Industry Act 1994.". 27 What information is available from the water register? In section 84X(1)(a) of the Water Act 1989— (a) after "84V" insert ", 84VA"; (b) after "84W(b)" insert ", 84W(ba), 84W(bc) or 84WA". 28 Authority may reduce, restrict or discontinue water supply In section 141(1)(g) of the Water Act 1989, for "authorised officer" substitute "authorised water officer, or an officer of an Authority,". s. 27 -- 17 of 25 -- Part 2—Amendment of Water Act 1989 Water Legislation Amendment Act 2013 No. 24 of 2013 16 Authorised by the Chief Parliamentary Counsel 29 Water meters (1) In section 142(1)(a) of the of the Water Act 1989, for "supplied by the Authority to any land" substitute "delivered to the land by the Authority in the exercise of its water supply or delivery functions". (2) After section 142(1) of the Water Act 1989 insert— "(1A) Without limiting subsection (1), an Authority may provide or install, and maintain, a separate meter for— (a) each occupancy on any land; and (b) if water is delivered for more than one type of service, a separate meter to measure the amount of water delivered for each service. (1B) In determining what constitutes a separate occupancy, the Authority must use the relevant principles set out in the Valuation of Land Act 1960.". (3) In section 142(2) of the Water Act 1989, for "supplied to the land" substitute "delivered to the land in the exercise of its water supply or delivery functions". 30 Serviced properties In section 144(1)(c) of the Water Act 1989, for "irrigation of the land" substitute "the service of delivering water to the land". 31 Control over connections (1) For section 145(2) of the Water Act 1989 substitute— "(2) An application for the Authority's consent must be made in a manner determined by the Authority and must be accompanied by— s. 29 -- 18 of 25 -- Part 2—Amendment of Water Act 1989 Water Legislation Amendment Act 2013 No. 24 of 2013 17 Authorised by the Chief Parliamentary Counsel (a) any fee fixed by a determination of the Authority under subsection (3C); and (b) any plan that the Authority requires; and (c) any other information that the Authority requires.". (2) After section 145(3) of the Water Act 1989 insert— "(3AA) For the purposes of subsection (3)(c), a condition may be that— (a) a separate meter is installed— (i) for each occupancy on the land on which the works to be connected will be situated; or (ii) if water is delivered, or proposed to be delivered, for more than one type of service in the exercise of the Authority's water supply or delivery functions, to measure the amount of water delivered for each service; or (b) each meter that is installed on that land is positioned as the Authority considers appropriate. (3AB) In determining what constitutes a separate occupancy, the Authority must use the relevant principles set out in the Valuation of Land Act 1960.". (3) After section 145(3B) of the Water Act 1989 insert— "(3C) An Authority may make a determination for or with respect to the fee to accompany an application for the Authority's consent under this section.". s. 31 -- 19 of 25 -- Part 2—Amendment of Water Act 1989 Water Legislation Amendment Act 2013 No. 24 of 2013 18 Authorised by the Chief Parliamentary Counsel 32 New section 161BA inserted After section 161B of the Water Act 1989 insert— "161BA Reconfiguration plans To avoid doubt, nothing in this Part empowers an Authority to adopt a reconfiguration plan that includes anything inconsistent with Part VII of the Constitution Act 1975.". 33 Adoption of reconfiguration plans by Authority In section 161F(2) of the Water Act 1989, for "An Authority" substitute "Subject to section 161BA, an Authority". 34 Authority may reduce, restrict or discontinue delivery of water In section 231(1)(d) of the Water Act 1989, for "authorised officer" substitute "authorised water officer, or an officer of an Authority,". 35 Liability of owners corporation or lot owners for fees for services supplied to subdivision (1) In section 263A(2) of the Water Act 1989— (a) in paragraph (b), for "by it—" substitute "by it; or"; (b) after paragraph (b) insert— "(c) the volume of water used at each lot as measured by the meter installed for the lot; or (d) a combination of the methods set out in paragraphs (a), (b) and (c)—". s. 32 -- 20 of 25 -- Part 2—Amendment of Water Act 1989 Water Legislation Amendment Act 2013 No. 24 of 2013 19 Authorised by the Chief Parliamentary Counsel (2) In section 263A(3) of the Water Act 1989, for "lot liability when apportioning amounts under subsection (2)" substitute "any, or a combination, of the methods set out in subsection (2) when apportioning amounts under that subsection". (3) For section 263A(4) of the Water Act 1989 substitute— "(4) The request must be in writing. (4A) A request that includes a request for an Authority to use the method set out in subsection (2)(b) must give details of lot liability for each lot affected by the owners corporation. (4B) A request that includes a request for an Authority to use the method set out in subsection (2)(c) must specify each lot to which the request relates.". (4) In section 263A(5) of the Water Act 1989, after "subsection (3)" insert "for an Authority to apportion amounts under subsection (2) on the basis of lot liability". (5) In section 263A(6) of the Water Act 1989, for "lot liability method" substitute "method, or combination of methods, specified in the request,". (6) In section 263A(7)(b) of the Water Act 1989, for "(2)" substitute "(2)(a)". 36 Interest on unpaid money (1) In section 281(1A) of the Water Act 1989, for "by Order" substitute "under a Code under section 4F of the Water Industry Act 1994". (2) Section 281(1B) of the Water Act 1989 is repealed. s. 36 -- 21 of 25 -- Part 2—Amendment of Water Act 1989 Water Legislation Amendment Act 2013 No. 24 of 2013 20 Authorised by the Chief Parliamentary Counsel 37 Prosecutions After section 296(1)(a) of the Water Act 1989 insert— "(ab) a person employed under Part 3 of the Public Administration Act 2004 who is authorised by the Minister, by instrument, to do so either generally or in a particular case; or". 38 Issues of evidence and proof In section 303A(1) and (3) of the Water Act 1989, for "until the contrary is proved," substitute "unless evidence to the contrary is presented,". 39 Recording mortgages of water shares At the foot of clause 1 of Schedule 12A to the Water Act 1989 insert— "Note Sections 33W and 33X apply to mortgages recorded under this clause.". 40 Continuing operation of registration licences (1) In the heading to clause 28 of Schedule 15 to the Water Act 1989 omit "under section 51(1A)". (2) In clause 28 of Schedule 15 to the Water Act 1989 omit "under section 51(1A)". __________________ s. 37 -- 22 of 25 -- Part 3—Amendment of Water Industry Act 1994 Water Legislation Amendment Act 2013 No. 24 of 2013 21 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENT OF WATER INDUSTRY ACT 1994 41 Codes (1) In section 4F(2)(f) of the Water Industry Act 1994— (a) for "Division 6" substitute "Divisions 5, 6 and 7"; (b) for subparagraph (i) substitute— "(i) specifying any person or class of person who must not be charged interest on unrecovered amounts; and"; (c) in subparagraph (ii), before "the maximum" insert "fixing"; (d) in subparagraph (iii), for "will apply" substitute "does not apply". (2) After section 4F(2) of the Water Industry Act 1994 insert— "(3) For the purposes of subsection (2)(f)(ii), the Code may fix a maximum rate— (a) by expressing it as a percentage; or (b) by tying it to a specific floating institutional rate charged for loans or paid for borrowing by a public or commercial institution.". __________________ s. 41 See: Act No. 121/1994. Reprint No. 6 as at 29 February 2008 and amending Act Nos 15/2008, 68/2009, 69/2009, 6/2010, 29/2010, 50/2011, 63/2011, 7/2012, 17/2012 and 21/2012. LawToday: www. legislation. vic.gov.au -- 23 of 25 -- Part 4—Repeal of Amending Act Water Legislation Amendment Act 2013 No. 24 of 2013 22 Authorised by the Chief Parliamentary Counsel PART 4—REPEAL OF AMENDING ACT 42 Repeal of amending Act This Act is repealed on 1 December 2014. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 42 -- 24 of 25 -- Water Legislation Amendment Act 2013 No. 24 of 2013 23 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 29 November 2012 Legislative Council: 7 March 2013 The long title for the Bill for this Act was "A Bill for an Act to amend the Water Act 1989 and the Water Industry Act 1994 and for other purposes." Endnotes -- 25 of 25 --