Commonwealth Consolidated Acts

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WATER ACT 2007 - SECT 135H

Collecting, generating or recording water markets information

  (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 .



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