Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p61
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 61/128)
Character Range: 239530–242334

this Agreement, observes its provisions.

PART XVI — INDEMNITIES IN RESPECT OF COMMITTEE AND AUTHORITY

    145. Indemnity in Respect of Payments Made by Commonwealth

       (1) Subject to sub‑clauses 37(2) and 38(2), any payment made by the Commonwealth of Australia in respect of losses or costs incurred by it arising:

(a) from any act or omission of the Authority in the bona fide execution of the powers vested in the Authority by or under this Agreement;

(b) because of the operation of section 239F of the 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