Document ID: chunk:federal_register_of_legislation:F2024C00951:reg:31:p1
Version: federal_register_of_legislation:F2024C00951
Segment Type: reg
Provision Reference: reg 31 (pt 1/26)
Character Range: 117015–120166

31    Engagement of an independent auditor by New South Wales under subclause 27(4) of Schedule G                                                                                                                   New South Wales                                                                     subclause 26(4) of Schedule F                                                                      New South Wales

Division 10A.3—Other transitional matters

10A.08  Business continuity
 (1) This regulation operates subject to clause 32 of the Agreement.
 (2) For subsection 239W(1) of the Act, after the commencement of Part 10A of the Act, the Authority must perform its functions and exercise its powers consistently with:
 (a) all resolutions made by the Murray–Darling Basin Commission that were in force immediately before the commencement of Part 10A of the Act; and
 (b) all directions from the former Murray–Darling Basin Ministerial Council that were in force immediately before the commencement of Part 10A of the Act.
 (3) Subregulation (2) applies in relation to a matter covered by such a resolution or such a direction until the Authority otherwise determines by resolution.
 (4) If:
 (a) the Authority proposes to make a resolution referred to in subregulation (3); and
 (b) the resolution will be inconsistent with a direction mentioned in paragraph (2)(b);
then the Authority must notify the Murray–Darling Basin Ministerial Council of the proposed resolution before the resolution is made.
 (5) If:
 (a) the Authority makes a resolution referred to in subregulation (3); and
 (b) the resolution is inconsistent with a direction mentioned in paragraph (2)(b); and
 (c) the Authority did not notify the Murray–Darling Basin Ministerial Council of the resolution as required under subregulation (4);
then the Authority must notify the Murray–Darling Basin Ministerial Council of the resolution as soon as practicable after becoming aware of the failure to notify.
 (6) If the Authority fails to give a notice under subregulation (4) or (5) about a resolution, the failure does not invalidate the resolution.

10A.09  Clause 10 of former MDB Agreement
  For subsections 239N(2) and 239Q(4) of the Act, a direction given by the former Murray–Darling Basin Ministerial Council under clause 10 of the former MDB Agreement to the Murray–Darling Basin Commission is specified.

10A.10  Paragraph 14(1)(b) of former MDB Agreement
 (1) This regulation is made under subsection 239W(1) of the Act.
 (2) The Living Murray Community Reference Group, appointed by the former Murray–Darling Basin Ministerial Council under paragraph 14(1)(b) of the former MDB Agreement, continues in existence after the commencement of Part 10A of the Act as if the Community Reference Group had been appointed by the Murray–Darling Basin Ministerial Council under subclause 15(1) of the Agreement.
 (3) After the commencement of Part 10A of the Act, the terms of reference of the Community Reference Group have effect as if:
 (a) a reference in the terms of reference to the Murray–Darling Basin Commission were a reference to the Authority; and
 (b) a reference in