Document ID: chunk:federal_register_of_legislation:C2023A00111:clause:3_101jb
Version: federal_register_of_legislation:C2023A00111
Segment Type: clause
Provision Reference: sch 3 cl 101JB
Character Range: 115725–117131

101JB  Exceptions for approval of specific trades, etc. and information barriers in agencies

Approval of specific trades, etc.
 (1) Subsection 101JA(1) does not apply to an irrigation infrastructure operator to the extent that the irrigation infrastructure operator takes an action mentioned in paragraph 101JA(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 101JA(1) by taking an action mentioned in paragraph 101JA(2)(a), (b) or (c) at any time merely because of non‑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 non‑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 non‑water announcement information; and
 (c) the non‑water announcement information was not so communicated and no such advice was given.