Document ID: chunk:federal_register_of_legislation:C2024C00557:section:135m
Version: federal_register_of_legislation:C2024C00557
Segment Type: section
Provision Reference: s 135M
Character Range: 389266–391184

135M  Information about trades etc. to be reported
 (1) If the trade or transfer of an eligible tradeable water right requires an application to a water market authority, each of the persons mentioned in subsection (2) must ensure that all of the following information is provided (whether by the person or by another person) to the authority concerned:
 (a) all the information in relation to the application for the trade or transfer required by the authority;
 (b) all the information in relation to the application for the trade or transfer required by the regulations (if any).
 (2) The persons are as follows:
 (a) if the application is made by an eligible water markets intermediary, that eligible water markets intermediary;
 (b) the owner of the eligible tradeable water right being traded or transferred;
 (c) the person to whom the eligible tradeable water right is to be traded or transferred.
 (3) A person must not contravene an obligation imposed on the person under this section.
Civil penalty: 100 penalty units.
 (4) A person must not, in purported compliance with a requirement under this section, give or cause to be given to a water market authority information that is false or misleading.
Civil penalty: 120 penalty units.
 (5) A person does not contravene a requirement of subsection (3) or (4) if, in purportedly complying with the requirement, the person:
 (a) acted in good faith; and
 (b) exercised a reasonable degree of care and diligence.
 (6) A person is not excused from complying with a requirement under this section merely because the information in question is:
 (a) of a commercial nature; or
 (b) subject to an obligation of confidentiality arising from a commercial relationship; or
 (c) commercially sensitive.
 (7) To avoid doubt, the information referred to in subsection (1) includes, but is not limited to, personal information within the meaning of the Privacy Act 1988.