Document ID: chunk:federal_register_of_legislation:C2023A00111:clause:3_100zk
Version: federal_register_of_legislation:C2023A00111
Segment Type: clause
Provision Reference: sch 3 cl 100ZK
Character Range: 92903–93951

100ZK  Application to trusts
 (1) This Part, and the Water Markets Intermediaries Code, apply to a trust as if the trust were a person. However, an obligation that would otherwise be imposed on the trust:
 (a) is imposed on each trustee of the trust instead; and
 (b) may be discharged by any of the trustees.
 (2) If, apart from this subsection, a trust would contravene a civil penalty provision, the contravention is taken to have been committed by each trustee of the trust.
 (3) A trustee of a trust does not contravene a civil penalty provision because of subsection (2), if the trustee:
 (a) does not know of the circumstances that constitute the contravention of the provision concerned; or
 (b) knows of those circumstances but takes all reasonable steps to correct the contravention as soon as possible after the trustee becomes aware of those circumstances.
Note: A defendant bears an evidential burden in relation to the matters in this subsection: see section 154E.

Part 2—Water markets decisions and insider trading

Water Act 2007