Document ID: chunk:federal_register_of_legislation:C2024C00557:schedule:1:p65
Version: federal_register_of_legislation:C2024C00557
Segment Type: schedule
Provision Reference: sch 1 (pt 65/154)
Character Range: 804056–806872

Water Act;
(c) because of the operation of either of sections 239J or 239K of the Water Act in respect of proceedings relating to the Commission or a person who was appointed as a President or Deputy President; or
(d) because of an indemnity in either of items 7(1) or 7(3) of Schedule 3 to the Water Amendment Act 2008 (Commonwealth),
        must be borne by the Contracting Governments in equal shares.
       (2) Sub‑clause (1) does not apply to a payment made by the Commonwealth of Australia under paragraph (1)(a) in its capacity as a Contracting Government under this Agreement.
       (3) In this clause, the terms "President" and "Deputy President" have the same meanings as under the former Agreement.

    Note—Section 174 of the Water Act provides that financial liabilities of the Authority are taken to be liabilities of the Commonwealth.

    146. Indemnity in Respect of Payments Relating to Former Commissioners
       (1) Any payment made by the Commonwealth of Australia in respect of:
(a) a liability arising because of the operation of either of sections 239J or 239K of the Water Act in respect of proceedings relating to a person who was appointed as a Commissioner or Deputy Commissioner; or
(b) losses or costs incurred by it because of the indemnity in item 7(2) of Schedule 3 to the Water Amendment Act 2008 (Commonwealth),
        must be borne by the Contracting Government which had appointed that Commissioner or Deputy Commissioner.
       (2) In this clause, the terms "Commissioner" and "Deputy Commissioner" have the same meanings as under the former Agreement.

    147. Commonwealth to consult other Contracting Governments
       (1) Upon receiving notice of a claim to which either of clauses 145 or 146 may apply, the Commonwealth must give written notice of the claim to each State Contracting Government or Governments which may be liable, because of the operation of either of those clauses, to bear any part of a payment made in respect of that claim.
       (2) Before settling a claim to which sub‑clause (1) refers, the Commonwealth must obtain the agreement of the State Contracting Government or Governments which will be liable to bear any part of a payment made in respect of that settlement because of the operation of either of clauses 145 or 146.

    148. Liability for Acts of Committee Members
Each Contracting Government must indemnify each Committee member appointed for or by that Contracting Government in respect of any act or omission of that Committee member and for any losses or costs incurred by that Committee member, in the bona fide execution of the powers vested in the Committee by or under this Agreement.
PART XVII—TRANSITIONAL PROVISIONS
DIVISION 1—TRANSITION TO THIS AGREEMENT

    149. Definitions
In this Division:
"commencing day" means