Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p11
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 11/128)
Character Range: 108960–111879

power, function or duty of that body:

(i) under this Agreement; or
(ii) for the purposes of the Agreement because of the operation of Part 10A of the Water Act,
          but does not include any other power, function or duty conferred on it by the Water Act.

       (2) No explanatory note or heading to a clause is part of this Agreement.

       (3) In interpreting a provision of this Agreement, a construction that would promote the purpose or object underlying the Agreement (whether or not that purpose or object is expressly stated in the Agreement) shall be preferred to a construction that would not promote that purpose or object.

PART II — APPROVAL, AMENDMENT AND ENFORCEMENT

    4. Revocation of Former Agreement

The former Agreement is hereby revoked.

    5. Commencement of Agreement and Amendments to Agreement

       (1) This Agreement comes into effect upon commencement of Schedule 1 of the Water Amendment Act 2008 of the Commonwealth, which amends the Water Act so as to set out the text of the Agreement as a schedule to the Water Act.

       (2) An amendment to this Agreement will take effect upon the registration of a legislative instrument, in accordance with the Legislative Instruments Act 2003 (Commonwealth), that amends the schedule referred to in sub‑clause (1) by incorporating into the Agreement amendments that have been agreed by the Ministerial Council.

       (3) For the purposes of sub‑clause (2), the Commonwealth Government:

(a) may only register an instrument that incorporates into the Agreement amendments that have been agreed by the Ministerial Council; and

(b) will register an instrument that incorporates such amendments as soon as practicable after they have been agreed by the Ministerial Council.

       (4) A reference in sub‑clause (2) to an amendment includes a reference to the insertion, omission, repeal, substitution, addition or relocation of words or matter.

    6. Parties to Provide for Enforcement of Agreement

Each of the Contracting Governments so far as its jurisdiction extends and so far as it may be necessary shall provide for or secure the execution and enforcement of the provisions of this Agreement.

PART III ‑ THE MINISTERIAL COUNCIL

    7. Establishment of Ministerial Council

       (1) The Ministerial Council is established.

       (2) The Ministerial Council shall have such status and such powers and duties and enjoy such privileges and immunities as may be conferred upon it by this Agreement or the Water Act.

    8. Membership of the Ministerial Council

       (1) The Council consists of a Minister of each of the Contracting Governments who is appointed in writing by that Contracting Government.

       (2) Whenever a member of the Ministerial Council representing a Contracting Government is:

(a) absent from Australia or from duty;

(b) unable for any reason to attend a meeting