(1) A person specified in the regulations, or a person included in a class of persons specified in the regulations, must collect, generate or record water markets information that is of a kind specified in the regulations.
(2) A person, or a person included in a class of persons, who is required by the regulations to collect, generate or record water markets information must:
(a) record the water markets information electronically, unless the regulations provide otherwise; and
(b) collect, generate or record the water markets information in accordance with any applicable Water Markets Data Standards.
(3) A person must not fail to comply with a requirement under this section.
Civil penalty: 100 penalty units.
(4) A person does not contravene subsection (3) if, in purportedly complying with a requirement under this section, the person:
(a) acted in good faith; and
(b) exercised a reasonable degree of care and diligence.
(5) A person is not excused from complying with a requirement under this section merely because the water markets information in question is:
(a) of a commercial nature; or
(b) subject to an obligation of confidentiality arising from a commercial relationship; or
(c) commercially sensitive.
(6) To avoid doubt, the information referred to in subsection (1) includes, but is not limited to, personal information within the meaning of the Privacy Act 1988 .