Water Act 2007

This section applies to a person that is an agency of the Commonwealth or an agency of a State if the Authority has reason to believe that information (the compellable information) relating to any of the following matters:

the preparation and implementation of the Basin Plan;

a matter:

relevant to the performance of the Authority’s functions; and

specified in regulations made for the purposes of this paragraph;

The Authority may, in writing, require the person to give specified compellable information to the Authority:

within a specified period of time (which must not be less than 14 days after the requirement is made); and

in a specified form or manner.

A person is liable to a civil penalty if:

the person is subject to a requirement under subsection (2); and

the person fails to comply with the requirement.

In proceedings against a person for a contravention of a civil penalty provision, it is generally not necessary to prove the person’s state of mind (see section 154C).

A person is liable to a civil penalty if:

the person is subject to a requirement under subsection (2); and

the person gives information to the Authority in compliance or purported compliance with that requirement; and

the person does so knowing that the information:

is false or misleading in a material particular; or

omits any matter or thing without which the information is misleading in a material particular.

A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).

Subsection (4) does not apply to the extent that the person has a reasonable excuse. However, a person does not have a reasonable excuse merely because the information in question is:

of a commercial nature; or

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

commercially sensitive.

The person bears an evidential burden in relation to the matter in this subsection (see section 154E of this Act).