Document ID: chunk:federal_register_of_legislation:C2023A00111:clause:3_100g:p2
Version: federal_register_of_legislation:C2023A00111
Segment Type: clause
Provision Reference: sch 3 cl 100G (pt 2/2)
Character Range: 66542–68378

(b) otherwise—any person or body (whether or not a participant in the water market), including a person or body referred to in paragraph (a).

How functions and powers are to be exercised
 (5) If the Water Markets Intermediaries Code confers on a person or body a function or power in relation to the code, the code may provide that the function or power is to be exercised by legislative instrument or other kind of written instrument.
 (6) However, if the Water Markets Intermediaries Code confers on a person or body a function of providing, or a power to provide, exemptions from the code or specified provisions of the code, then (despite anything to the contrary in the code):
 (a) the function or power must be exercised by written instrument (an exemption instrument); and
 (b) if the code does not provide that an exemption instrument made under the code is a legislative instrument, then:
 (i) if each exemption provided by the instrument relates to a particular entity—the instrument is a notifiable instrument; or
 (ii) otherwise—the instrument is a legislative instrument.
Note: If the code provides that an exemption instrument made under the code is a legislative instrument, then the instrument is a legislative instrument: see subsection 8(2) of the Legislation Act 2003.

Requirements to provide information
 (7) The Water Markets Intermediaries Code:
 (a) may require a person or body to provide another person or body with information or documents relevant to the operation, application or administration of the code (whether or not the code relates to any of those persons); and
 (b) may confer on a person or body (whether or not the code relates to the person) a function of imposing, or a power to impose, a requirement of the kind mentioned in paragraph (a).
 (8) Paragraph (7)(b) does not limit subsection (3).