Document ID: chunk:federal_register_of_legislation:C2023A00111:clause:3_101j
Version: federal_register_of_legislation:C2023A00111
Segment Type: clause
Provision Reference: sch 3 cl 101J
Character Range: 106086–107493

101J  Exceptions: approval of specific trades, etc. and information barriers in agencies

Approval of specific trades, etc.
 (1) Subsection 101H(1) does not apply to an irrigation infrastructure operator to the extent that the irrigation infrastructure operator takes an action mentioned in paragraph 101H(2)(a), (b) or (c) for the purposes of approving or facilitating a specific trade or transfer on behalf of a member or customer.

Information barrier arrangements for agencies
 (2) A relevant agency does not contravene subsection 101H(1) by taking an action mentioned in paragraph 101H(2)(a), (b) or (c) at any time merely because of water announcement information in the possession of an officer or a member of staff of the agency, if:
 (a) the decision to take the action was taken on its behalf by a person or persons other than that officer or member of staff; and
 (b) it had in operation at that time arrangements that could reasonably be expected to ensure:
 (i)  that the water announcement information was not communicated to the person or persons who made the decision referred to in paragraph (a); and
 (ii) that no advice with respect to the decision was given to that person or any of those persons by a person in possession of the water announcement information; and
 (c) the water announcement information was not so communicated and no such advice was given.

Division 5—Penalty level