Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 (62 of 2014)

Schedule 5   Corporate status of bodies

Part 4   Other bodies continuing as bodies corporate

Water Act 2007

97   Subdivision A of Division 5 of Part 9

Repeal the Subdivision, substitute:

Subdivision A - Murray-Darling Basin Special Account

209 Murray-Darling Basin Special Account

(1) The Authority must establish and maintain a fund to be known as the Murray-Darling Basin Special Account (the Account ).

(2) The Account is not a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.

210 Credits to the Account

(1) The Authority must ensure the following are credited to the Account:

(a) such money as is appropriated by the Parliament for the purposes of the Authority, and paid by the Commonwealth to the Authority for the purposes of the Account;

(b) amounts paid by a Basin State to the Authority for the purpose of the performance of the Authority’s functions;

(c) fees paid to the Authority in accordance with section 212;

(d) interest received by the Authority from the investment of an amount standing to the credit of the Account;

(e) amounts received by the Authority in relation to property paid for with amounts debited from the Account;

(f) amounts received by the Authority in relation to assets that vest in the Authority under section 239C;

(g) amounts received by the Authority as refunds or repayments of the whole or part of amounts paid by the Murray-Darling Basin Commission before the commencement of Schedule 1 to the Water Amendment Act 2008;

(h) amounts of any gifts given or bequests made for the purposes of the Account;

(i) amounts not otherwise covered by this section that are received by the Authority (otherwise than under Part 8) in connection with the performance of the Authority’s functions under this Act or the regulations.

(2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable referred to in paragraph (1)(a) is to be paid to the Authority.

(3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.

(4) In this section:

Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.

211 Purposes of the Account

The Authority may cause amounts standing to the credit of the Account to be debited for the following purposes:

(a) in payment or discharge of the costs, expenses and other obligations incurred by the Authority in the performance of the Authority’s functions;

(b) in payment of any remuneration and allowances payable to any person under this Act;

(c) meeting the expenses of administering the Account.

211A Operation of earlier transitional provision

Division 4 of Part 10A (about transitional financial matters) does not apply to this Subdivision.