Federal Register of Legislation - Australian Government

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Water Charge (Termination Fees) Amendment Rules 2011

Authoritative Version
  • - F2011L00270
  • No longer in force
Rules/Other as made
These Rules amend the Water Charge (Termination Fees) Rules 2009 to allow irrigation infrastructure operators in the Murray-Darling Basin to increase termination fees by the amount of goods and services tax (GST) payable.
Administered by: Sustainability, Environment, Water, Population and Communities
Made 04 Feb 2011
Registered 16 Feb 2011
Tabled HR 21 Feb 2011
Tabled Senate 28 Feb 2011
Date of repeal 19 Mar 2014
Repealed by Environment (Spent and Redundant Instruments) Repeal Regulation 2014

Water Charge (Termination Fees) Amendment Rules 20111

Water Act 2007

I, TONY BURKE, Minister for Sustainability, Environment, Water, Population and Communities, having regard to advice given by the Australian Competition and Consumer Commission, make the following Rules under section 92 of the Water Act 2007.

Dated              4 February 2011

Tony Burke

 

Minister for Sustainability, Environment, Water, Population and Communities


 

Contents

Part 1             Preliminary

1            Name of Rules

2            Commencement

3            Amendment of Water Charge (Termination Fees) Rules 2009

Schedule – Amendments

 


 

 

Part 1                  Preliminary

1             Name of Rules

 

These Rules are the Water Charge (Termination Fees) Amendment Rules 2011.

2             Commencement

These Rules commence on the day after the Rules are registered.

3             Amendment of the Water Charge (Termination Fees) Rules 2009

 

The Schedule amends the Water Charge (Termination Fees) Rules 2009.


 

Schedule – Amendments

 

1             Part 1, Rule 3

Definition of total network access charge, paragraph (e), delete "entered into.", substitute "entered into; or".

 

2             Part 1, Rule 3

Definition of total network access charge, after paragraph (e), add:

 

(f)        any amount of GST.

 

3             Part 3, Rule 7

Delete "A fee imposed", substitute "(1)  A fee imposed".

 

4             Part 3, Rule 7

 

Add

(2)        Despite subrule (1), if GST is payable in respect of a taxable supply relating to the termination or surrender of the whole or a part of a right of access, or services provided in relation to the whole or a part of such a right:

(a)        the fee imposed by the irrigation infrastructure operator under subrule 6(1) may be increased by an amount not exceeding the GST payable in respect of that taxable supply; and

(b)        the fee determined in accordance with a contract referred to in paragraph (1)(b) may be increased by an amount not exceeding the GST payable in respect of that taxable supply.

 

 

 

Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.