WATER EFFICIENCY LABELLING AND STANDARDS ACT 2005
Table of Provisions
PART 1--PRELIMINARY
PART 2--INTERPRETATION
- 6 Application of the Criminal Code
- 7 Definitions
- 7A Meaning of supply
PART 3--NATIONAL--WELS SCHEME
- 8 WELS scheme to be a national cooperative scheme
- 9 Application of this Act
- 10 Relationship between this Act and other Commonwealth laws
- 11 State and Territory laws may operate concurrently
- 12 Meaning of corresponding State - Territory law
- 13 Commonwealth consent to conferral of functions etc. on the Regulator or inspectors by corresponding State - Territory laws
- 14 How duty is imposed by corresponding State - Territory laws
- 15 When a corresponding State - Territory law imposes a duty
- 16 No doubling - up of liabilities
- 17 Review of decisions under corresponding State - Territory laws
PART 4--WELS--PRODUCTS AND WELS STANDARDS
- 18 WELS products
- 19 WELS standards
- 20 Meaning of WELS - labelled
PART 5--THE--WELS REGULATOR
- 21 The Regulator
- 22 Functions of the Regulator
- 23 Powers of the Regulator
- 24 Arrangements with other agencies
- 25 Delegation
PART 6--REGISTRATION--OF WELS PRODUCTS
- 26 Registration of WELS products
PART 7--OFFENCES--AND CIVIL PENALTIES RELATING TO THE WELS SCHEME
Division 1--Applicable WELS standards
- 32 Meaning of applicable WELS standard
Division 2--Registration and labelling
- 32A False or misleading information or documents
- 33 Supply of unregistered WELS products
- 34 Supply of WELS products that are not WELS - labelled
Division 3--Minimum efficiency and performance requirements
Division 4--Misuse of WELS standards etc.
- 37 Misuse of WELS standards and information
- 37A WELS - labelling products that are not WELS products
- 38 Information inconsistent with WELS standards
- 39 Using information in the supply of products
PART 8--OTHER--ENFORCEMENT
Division 1--Infringement notices
- 40 Infringement notices
Division 2--Publicising offences
Division 3--Enforceable undertakings
Division 3A--Compliance audits
- 43A Compliance audits
Division 3B--Remedial action
- 43B Remedial action
Division 4--Injunctions
- 44 Injunctions
PART 8A--CIVIL--PENALTY ORDERS
Division 1--Obtaining a civil penalty order
- 44A Civil penalty orders
- 44B Civil enforcement of penalty
- 44C Conduct contravening more than one civil penalty provision
- 44D Multiple contraventions
- 44E Proceedings may be heard together
- 44F Civil evidence and procedure rules for civil penalty orders
- 44G Contravening a civil penalty provision is not an offence
Division 2--Civil proceedings and criminal proceedings
- 44H Civil proceedings after criminal proceedings
- 44J Criminal proceedings during civil proceedings
- 44K Criminal proceedings after civil proceedings
- 44L Evidence given in civil proceedings not admissible in criminal proceedings
Division 3--Miscellaneous
- 44M Ancillary contravention of civil penalty provisions
- 44N Continuing contraventions of civil penalty provisions
- 44P Mistake of fact
- 44Q State of mind
PART 9--WELS--INSPECTORS
Division 1--Appointment of WELS inspectors
- 45 Regulator may appoint WELS inspectors
- 46 Identity cards
Division 2--Powers of WELS inspectors
- 47 Purposes for which powers can be used
- 48 Inspection powers--public areas of WELS business premises
- 49 Inspection powers--with consent
- 50 Refusing consent is not an offence
- 51 Inspection powers--with warrant
- 52 Announcement before entry under warrant
- 53 Copy of warrant to be given to occupier
- 54 Occupier must provide inspector with facilities and assistance
- 55 Seizing or securing evidential material
- 56 Holding evidential material for more than 90 days
- 57 Returning evidential material
Division 3--Applying for warrants to enter WELS premises
Division 4--Giving WELS information to WELS inspectors
- 60 Meaning of person who has WELS information
- 61 Regulator may require a person to provide information
- 62 Regulator may require a person to appear before a WELS inspector
Division 5--Privilege against self-incrimination
- 63 Privilege against self - incrimination not affected
PART 10--MONEY
Division 1--The WELS Account
- 64 WELS Account
- 65 Credits to the WELS Account
- 66 Purpose of the WELS Account
Division 2--Charging fees etc.
PART 11--REVIEW--OF DECISIONS
- 69 Meaning of reviewable decision and affected person
- 70 Notification of decisions and review rights
- 71 Internal review
- 72 Review of decisions by Administrative Appeals Tribunal
PART 12--MISCELLANEOUS
- 73 Compensation for damage to electronic equipment
- 74 Compensation for acquisition of property
- 75 Annual report
- 76 Review of operation of WELS scheme
- 77 Regulations