Constitution (Water Authorities) Act 2003

i Constitution (Water Authorities) Act 2003 Act No. 37/2003 TABLE OF PROVISIONS Section Page 1. Purpose 2 2. Commencement 2 3. Principal Act 2 4. Entrenchment of certain matters 2 5. New Part VII inserted 4 PART VII—DELIVERY OF WATER SERVICES 4 96. Definitions 4 97. Delivery of water services 5 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 Constitution (Water Authorities) Act 2003 † [Assented to 11 June 2003] Preamble 1. The Parliament recognises the importance to the people of Victoria of the delivery of water services. 2. In view of that importance, if a publicly owned body that is accountable to a responsible Minister of the Crown has responsibility for ensuring the delivery of a water service, such a body should continue to have that responsibility. Victoria No. 37 of 2003 -- 2 of 8 -- Act No. 37/2003 Constitution (Water Authorities) Act 2003 2 3. It is therefore desirable that the Parliament enact a law that secures continued public responsibility for ensuring the delivery of water services to the people of Victoria. The Parliament of Victoria therefore enacts as follows: 1. Purpose The purpose of this Act is to amend the Constitution Act 1975 so as to entrench the responsibility of public authorities for ensuring the delivery of water services and their accountability to responsible Ministers for ensuring that delivery. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Principal Act In this Act, the Constitution Act 1975 is called the Principal Act. 4. Entrenchment of certain matters (1) In section 18(2) of the Principal Act— (a) in paragraph (c), after "(4)" insert "or (6)"; (b) after paragraph (f) insert— "(fa) Part VII; or"; (c) in paragraph (g), for "(f)" substitute "(fa)"; s. 1 See: Act No. 8750. Reprint No. 15 as at 1 September 2002 and amending Act No. 2/2003. LawToday: www.dms. dpc.vic. gov.au -- 3 of 8 -- Act No. 37/2003 Constitution (Water Authorities) Act 2003 3 (d) after "varied" insert "or any Bill by which— (h) responsibility for ensuring the delivery of a water service (within the meaning of Part VII) may be transferred to a person or body that is not a public authority (within the meaning of that Part) or the accountability to a responsible Minister of the Crown of such an authority for ensuring the delivery of such a service may be removed—". (2) After section 18(5) of the Principal Act insert— "(6) Sub-section (2) does not apply to any Bill to— (a) enable a public authority (within the meaning of Part VII) to enter into an arrangement of any kind with a person or body (including an independent contractor) relating to the delivery of a water service (within the meaning of that Part); or (b) alter the structure, composition or membership of a public authority (within the meaning of Part VII) that has responsibility for ensuring the delivery of a water service (within the meaning of that Part) if the alteration does not affect its status or the status of a successor body as such a public authority accountable to a responsible Minister of the Crown for ensuring the delivery of that service.". s. 4 -- 4 of 8 -- Act No. 37/2003 Constitution (Water Authorities) Act 2003 4 5. New Part VII inserted After Part VI of the Principal Act insert— 'PART VII—DELIVERY OF WATER SERVICES 96. Definitions In this Part— "public authority" means— (a) a public statutory authority; or (b) a Council within the meaning of the Local Government Act 1989; or (c) a company (within the meaning of the Corporations Act) all the shares in which are held by or on behalf of the State; or (d) an Agency Head within the meaning of the Public Sector Management and Employment Act 1998 who is a corporation sole; "public statutory authority" means a body, whether corporate or unincorporate, that is established by or under an Act for a public purpose but does not include a company (within the meaning of the Corporations Act) in which all the shares are not held by or on behalf of the State; "water legislation" means the Water Act 1989, the Water Industry Act 1994 or the Melbourne and Metropolitan Board of Works Act 1958; s. 5 -- 5 of 8 -- Act No. 37/2003 Constitution (Water Authorities) Act 2003 5 "water service" means a service relating to— (a) water supply; or (b) sewerage; or (c) irrigation; or (d) water collection and storage; or (e) sewage treatment— for ensuring the delivery of which a public authority has responsibility under water legislation, including under a licence issued under water legislation. 97. Delivery of water services (1) If at any time on or after the commencement of section 5 of the Constitution (Water Authorities) Act 2003 a public authority has responsibility for ensuring the delivery of a water service, that or another public authority must continue to have that responsibility. (2) A public authority that, at any time on or after the commencement of section 5 of the Constitution (Water Authorities) Act 2003, has responsibility for ensuring the delivery of a water service must, while it has that responsibility, be accountable to a responsible Minister of the Crown for ensuring the delivery of that service. (3) Nothing in this section prevents a public authority that has responsibility for ensuring the delivery of a water service entering into an arrangement of any kind with a person or body (including an independent contractor) relating to the delivery of that service while itself retaining that responsibility and remaining accountable to a responsible s. 5 -- 6 of 8 -- Act No. 37/2003 Constitution (Water Authorities) Act 2003 6 Minister of the Crown for ensuring the delivery of that service. (4) Nothing in this section prevents the making of an alteration to the structure, composition or membership of a public authority that has responsibility for ensuring the delivery of a water service if the alteration does not affect its status or the status of a successor body as a public authority accountable to a responsible Minister of the Crown for ensuring the delivery of that service.'. ═══════════════ s. 5 -- 7 of 8 -- Act No. 37/2003 Constitution (Water Authorities) Act 2003 7 ENDNOTES † Minister's second reading speech— Legislative Assembly: 10 April 2003 Legislative Council: 20 May 2003 The long title for the Bill for this Act was "to amend the Constitution Act 1975 so as to entrench the responsibility of public authorities for ensuring the delivery of water services and their accountability to responsible Ministers for ensuring that delivery and for other purposes." Constitution Act 1975: Special majorities: Legislative Assembly: 8 May 2003 Legislative Council: 4 June 2003 Endnotes -- 8 of 8 --