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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Water Efficiency Labelling and
Standards (New South Wales) Bill 2005
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Object of Act 2
4 Definitions 2
Part 2 The applied provisions
5 Application of Commonwealth water efficiency laws to this
State 4
6 Modification of Commonwealth water efficiency laws 4
7 Interpretation of Commonwealth water efficiency laws 4
Water Efficiency Labelling and Standards (New South Wales) Bill 2005
Contents
Page
Part 3 Functions and powers under applied provisions
8 Functions and powers of Commonwealth Regulator and
other authorities and officers 5
9 Delegations by the Commonwealth Regulator 5
Part 4 Offences
10 Object of this Part 6
11 Application of Commonwealth criminal laws to offences
against applied provisions 6
12 Functions and powers conferred on Commonwealth officers
and authorities relating to offences 7
13 No double jeopardy for offences against applied provisions 7
Part 5 Administrative laws
14 Application of Commonwealth administrative laws to applied
provisions 8
15 Functions and powers conferred on Commonwealth officers
and authorities 8
Part 6 Miscellaneous
16 Act to bind Crown 9
17 Things done for multiple purposes 9
18 Reference in Commonwealth law to a provision of another
law 9
19 Fees and other money 9
20 Regulations 9
21 Amendment of Acts 9
Schedule 1 Amendment of Acts 10
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
Water Efficiency Labelling and
Standards (New South Wales) Bill 2005
Act No , 2005
An Act to apply the Water Efficiency Labelling and Standards Act 2005 of the
Commonwealth as a law of this State; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Water Efficiency Labelling and Standards (New South Wales) Bill 2005
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Water Efficiency Labelling and Standards (New South
Wales) Act 2005.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Object of Act
(1) The object of this Act is to adopt in this State a uniform Australian
approach to the regulation of water efficiency labelling and standards.
(2) For that purpose, this Act:
(a) applies the Water Efficiency Labelling and Standards Act 2005 of
the Commonwealth as a law of this State, and
(b) makes provision to help ensure that the Commonwealth Act and
the applied law of this State are administered on a uniform basis
by the Commonwealth as if they constituted a single law of the
Commonwealth.
4 Definitions
(1) In this Act:
applied provisions means the Commonwealth water efficiency laws
that apply as a law of this State because of section 5, including any
modification under section 6.
Commonwealth administrative laws means the following Acts and
regulations of the Commonwealth:
(a) the Administrative Appeals Tribunal Act 1975 (excluding Part
IVA),
(b) the Freedom of Information Act 1982,
(c) the Ombudsman Act 1976,
(d) the Privacy Act 1988,
(e) the regulations in force under any of those Acts.
Commonwealth Regulator means the WELS Regulator appointed
under the Water Efficiency Labelling and Standards Act 2005 of the
Commonwealth.
Page 2
Water Efficiency Labelling and Standards (New South Wales) Bill 2005 Clause 4
Preliminary Part 1
Commonwealth water efficiency laws means:
(a) the Water Efficiency Labelling and Standards Act 2005 of the
Commonwealth, and
(b) all regulations, guidelines, principles, standards and codes of
practice in force under that Act.
function includes duty.
modifications includes additions, omissions and substitutions.
(2) If an expression is defined in the Water Efficiency Labelling and
Standards Act 2005 of the Commonwealth and is also used in this Act,
the expression as used in this Act has, unless the contrary intention
appears, the same meaning as in that Act.
(3) In this Act, a reference to a Commonwealth Act includes a reference to:
(a) that Commonwealth Act, as amended and in force for the time
being, and
(b) an Act enacted in substitution for that Act and, if it is amended,
as amended and in force for the time being.
Page 3
Clause 5 Water Efficiency Labelling and Standards (New South Wales) Bill 2005
Part 2 The applied provisions
Part 2 The applied provisions
5 Application of Commonwealth water efficiency laws to this State
(1) The Commonwealth water efficiency laws, as in force for the time being
and as modified by or under this Act, apply as a law of this State.
(2) Those Commonwealth water efficiency laws so apply as if they
extended to matters in relation to which this State may make laws:
(a) whether or not the Commonwealth may make laws in relation to
those matters, and
(b) even though the Commonwealth water efficiency laws provide
that they apply only to specified matters with respect to which the
Commonwealth may make laws.
6 Modification of Commonwealth water efficiency laws
(1) The regulations under this Act may also modify the Commonwealth
water efficiency laws for the purposes of this Act.
(2) Without limiting subsection (1), the regulations may provide that the
Commonwealth water efficiency laws apply under section 5 (1) as if an
amendment to the Commonwealth water efficiency laws:
(a) made by a law of the Commonwealth, and
(b) specified in the regulations,
had not taken effect.
7 Interpretation of Commonwealth water efficiency laws
(1) The Acts Interpretation Act 1901 of the Commonwealth applies as a law
of this State in relation to the interpretation of the applied provisions.
That Act so applies as if the applied provisions were a Commonwealth
Act or were regulations or other instruments under a Commonwealth
Act, as the case requires.
(2) The Interpretation Act 1987 of New South Wales does not apply to the
applied provisions.
Page 4
Water Efficiency Labelling and Standards (New South Wales) Bill 2005 Clause 8
Functions and powers under applied provisions Part 3
Part 3 Functions and powers under applied
provisions
8 Functions and powers of Commonwealth Regulator and other
authorities and officers
The Commonwealth Regulator and other authorities and officers
referred to in the applied provisions have the same functions and powers
under the applied provisions as they have under the Commonwealth
water efficiency laws, as those laws apply to the Commonwealth.
9 Delegations by the Commonwealth Regulator
Any delegation by the Commonwealth Regulator under the Water
Efficiency Labelling and Standards Act 2005 of the Commonwealth is
taken to extend to, and have effect for the purposes of, the
corresponding provision of the applied provisions.
Page 5
Clause 10 Water Efficiency Labelling and Standards (New South Wales) Bill 2005
Part 4 Offences
Part 4 Offences
10 Object of this Part
(1) The object of this Part is to further the object of this Act by providing
for an offence against the applied provisions to be treated as if it were
an offence against a law of the Commonwealth.
(2) The purposes for which an offence is to be treated as mentioned in
subsection (1) include, for example (but are not limited to):
(a) the investigation and prosecution of offences, and
(b) the arrest, custody, bail, trial and conviction of offenders or
persons charged with offences, and
(c) proceedings relating to a matter referred to in paragraph (a) or
(b), and
(d) appeals and reviews relating to criminal proceedings and to
proceedings of the kind referred to in paragraph (c), and
(e) the sentencing, punishment and release of persons convicted of
offences, and
(f) fines, penalties and forfeitures, and
(g) liability to make reparation in connection with offences, and
(h) proceeds of crime, and
(i) spent convictions.
11 Application of Commonwealth criminal laws to offences against applied
provisions
(1) The relevant Commonwealth laws apply as laws of this State in relation
to an offence against the applied provisions as if those provisions were
a law of the Commonwealth and not a law of this State.
(2) For the purposes of a law of this State, an offence against the applied
provisions:
(a) is taken to be an offence against the laws of the Commonwealth,
in the same way as if those provisions were a law of the
Commonwealth, and
(b) is taken not to be an offence against the laws of this State.
(3) Subsection (2) has effect for the purposes of a law of this State except
as provided by the regulations under this Act.
Page 6
Water Efficiency Labelling and Standards (New South Wales) Bill 2005 Clause 12
Offences Part 4
12 Functions and powers conferred on Commonwealth officers and
authorities relating to offences
(1) A Commonwealth law applying because of section 11 that confers on a
Commonwealth officer or authority a function or power in relation to an
offence against the Commonwealth water efficiency laws also confers
on the officer or authority the same function or power in relation to an
offence against the corresponding provision of the applied provisions.
(2) In performing a function or exercising a power conferred by this
section, the Commonwealth officer or authority must act as nearly as
practicable as the officer or authority would act in performing or
exercising the same function or power in relation to an offence against
the corresponding provision of the Commonwealth water efficiency
laws.
13 No double jeopardy for offences against applied provisions
If:
(a) an act or omission is an offence against both the applied
provisions and an offence against the Commonwealth water
efficiency laws, and
(b) the offender has been punished for that offence under those
Commonwealth laws,
the offender is not liable to be punished for the offence under the applied
provisions.
Page 7
Clause 14 Water Efficiency Labelling and Standards (New South Wales) Bill 2005
Part 5 Administrative laws
Part 5 Administrative laws
14 Application of Commonwealth administrative laws to applied provisions
(1) The Commonwealth administrative laws apply as laws of this State to
any matter arising in relation to the applied provisions as if those
provisions were a law of the Commonwealth and not a law of this State.
(2) For the purposes of a law of this State, a matter arising in relation to the
applied provisions:
(a) is taken to be a matter arising in relation to laws of the
Commonwealth in the same way as if those provisions were a law
of the Commonwealth, and
(b) is taken not to be a matter arising in relation to laws of this State.
(3) Subsection (2) has effect for the purposes of a law of this State except
as provided by the regulations under this Act.
(4) Any provision of a Commonwealth administrative law applying
because of this section that purports to confer jurisdiction on a federal
court is taken not to have that effect.
(5) For the purposes of this section, a reference in a provision of the
Administrative Appeals Tribunal Act 1975 of the Commonwealth (as
that provision applies as a law of this jurisdiction) to the whole or any
part of Part IVA of that Act is taken to be a reference to the whole or
any part of that Part as it has effect as a law of the Commonwealth.
15 Functions and powers conferred on Commonwealth officers and
authorities
(1) A Commonwealth administrative law applying because of section 14
that confers on a Commonwealth officer or authority a function or
power also confers on the officer or authority the same function or
power in relation to a matter arising in relation to the applied provisions.
(2) In performing a function or exercising a power conferred by this
section, the Commonwealth officer or authority must act as nearly as
practicable as the officer or authority would act in performing or
exercising the same function or power under the Commonwealth
administrative law.
Page 8
Water Efficiency Labelling and Standards (New South Wales) Bill 2005 Clause 16
Miscellaneous Part 6
Part 6 Miscellaneous
16 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as
the legislative power of Parliament permits, the Crown in all its other
capacities.
17 Things done for multiple purposes
The validity of a licence, certificate or other thing issued, given or done
for the purposes of the applied provisions is not affected only because it
was issued, given or done also for the purposes of the Commonwealth
water efficiency laws.
18 Reference in Commonwealth law to a provision of another law
For the purposes of sections 11 and 14, a reference in a Commonwealth
law to a provision of that or another Commonwealth law is taken to be
a reference to that provision as applying because of those sections.
19 Fees and other money
All fees, penalties, fines and other money that, under this Act and the
applied provisions, are authorised or directed to be payable by or
imposed on any person (but not including an amount ordered to be
refunded to another person) must be paid to the Commonwealth.
20 Regulations
The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted to
be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
21 Amendment of Acts
Each Act specified in Schedule 1 is amended as set out in that Schedule.
Page 9
Water Efficiency Labelling and Standards (New South Wales) Bill 2005
Schedule 1 Amendment of Acts
Schedule 1 Amendment of Acts
(Section 21)
1.1 Co-operative Schemes (Administrative Actions) Act 2001
No 45
[1] Section 3 Definitions
Omit "section 4 (1)" from paragraph (a) of the definition of commencement
time.
Insert instead "section 4 (1) (a)".
[2] Section 3, definition of "commencement time"
Insert after paragraph (a):
(a1) in relation to the Water Efficiency Labelling and Standards
(New South Wales) Act 2005--the time when section 4 (1)
(a1) commences, or
[3] Section 4 Co-operative schemes to which this Act applies--relevant
State Acts
Insert after section 4 (1) (a):
(a1) the Water Efficiency Labelling and Standards (New South
Wales) Act 2005, and
1.2 Federal Courts (State Jurisdiction) Act 1999 No 22
Section 3 Definitions
Insert after paragraph (h2) of the definition of relevant State Act:
(h3) Water Efficiency Labelling and Standards (New South
Wales) Act 2005
Page 10
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