Document ID: chunk:federal_register_of_legislation:C2023A00111:clause:3_101a
Version: federal_register_of_legislation:C2023A00111
Segment Type: clause
Provision Reference: sch 3 cl 101A
Character Range: 95488–97821

101A  Constitutional operation

Information in relation to water markets decisions
 (1) Division 3 of this Part, and any other provision of this Act or any other Act that relates to that Division, applies to an obligation imposed on a constitutional corporation or an employee of a constitutional corporation to provide information in relation to water markets decisions.
 (2) Division 3 of this Part, and any other provision of this Act or any other Act that relates to that Division, applies to an obligation imposed on a person to provide information in relation to water markets decisions, if:
 (a) the information is relevant to trade and commerce:
 (i) between the States; or
 (ii) between a State and a Territory or between 2 Territories;
 (iii) between Australia and places outside Australia; or
 (b) the person is located in a Territory, or the information relates to a water resource in a Territory.

Market manipulation and insider trading
 (3) Divisions 4 and 5 of this Part, and any other provision of this Act or any other Act that relates to those Divisions, applies to a thing done in relation to the pre‑trade, trade or transfer of an eligible tradeable water right by a constitutional corporation or an employee of a constitutional corporation.
 (4) Divisions 4 and 5 of this Part, and any other provision of this Act or any other Act that relates to those Divisions, applies to things done in relation to the pre‑trade, trade or transfer of an eligible tradeable water right, if:
 (a) at least one of the parties to the pre‑trade, trade or transfer is a constitutional corporation or the things done affect the activities of a constitutional corporation; or
 (b) the pre‑trade, trade or transfer takes place in the course of trade and commerce:
 (i) between the States; or
 (ii) between a State and a Territory or between 2 Territories; or
 (iii) between Australia and places outside Australia; or
 (c) at least one of the parties to the pre‑trade, trade or transfer is located in a Territory, or the pre‑trade, trade or transfer is in relation to a water resource in a Territory; or
 (d) at least one element of the pre‑trade, trade or transfer takes place using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution).

Division 3—Water announcements