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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Water Efficiency Labelling and
Standards Bill 2005
Queensland
Water Efficiency Labelling and Standards
Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 External Territories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5A Numbering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5B Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Application of the Criminal Code . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Interpretation
7 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 3 National WELS scheme
8 WELS scheme to be a national cooperative scheme . . . . . . . . . . 8
9 Application of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Relationship to other State laws . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 State and Territory laws may operate concurrently . . . . . . . . . . . 9
12 Meaning of corresponding law . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Commonwealth consent to conferral of functions etc. on the
regulator or inspectors by corresponding laws . . . . . . . . . . . . . . . 9
14 How duty is imposed by corresponding laws . . . . . . . . . . . . . . . . 9
15 When a corresponding State-Territory law imposes a duty . . . . . 10
16 No doubling-up of liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
17 Review of decisions under this Act. . . . . . . . . . . . . . . . . . . . . . . . 10
Part 4 WELS products and WELS standards
18 WELS products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19 WELS standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Water Efficiency Labelling and Standards Bill 2005
20 Meaning of WELS-labelled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 5 The WELS regulator
21 The regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
22 Functions of the regulator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
23 Powers of the regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
24 Arrangements with other agencies . . . . . . . . . . . . . . . . . . . . . . . . 13
25 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Part 6 Registration of WELS products
26 Applying for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
27 Documentation etc. to be provided with application for
registration .................................. 15
28 Registration of products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
29 Grounds for refusing to register . . . . . . . . . . . . . . . . . . . . . . . . . . 16
30 Period of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
31 Cancelling or suspending registration . . . . . . . . . . . . . . . . . . . . . 17
Part 7 Offences relating to the supply of WELS products
Division 1 Applicable WELS standards
32 Meaning of applicable WELS standard . . . . . . . . . . . . . . . . . . . . 18
Division 2 Registration and labelling
33 Registration requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
34 Labelling registered products . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 3 Minimum efficiency and performance requirements
35 Minimum water efficiency--products required to be registered . . 19
36 Minimum general performance--products required to be
registered ..................................... 19
Division 4 Misuse of WELS standards etc.
37 Misuse of WELS standards and information . . . . . . . . . . . . . . . . 20
38 Information inconsistent with WELS standards . . . . . . . . . . . . . . 20
39 Using information in the supply of products . . . . . . . . . . . . . . . . . 21
Division 5 Extensions of criminal responsibility
39A Attempts to commit offences against Act . . . . . . . . . . . . . . . . . . . 21
39B False or misleading information or document. . . . . . . . . . . . . . . . 22
Part 8 Other enforcement
Division 1 Infringement notices
40 Infringement notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 2 Publicising offences
41 Regulator may publicise offences. . . . . . . . . . . . . . . . . . . . . . . . . 23
3
Water Efficiency Labelling and Standards Bill 2005
Division 3 Enforceable undertakings
42 Acceptance of undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
43 Enforcement of undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 4 Injunctions
44 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Part 9 WELS inspectors
Division 1 Appointment of WELS inspectors
45 Regulator may appoint WELS inspectors. . . . . . . . . . . . . . . . . . . 26
46 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
46A Offences relating to WELS inspectors . . . . . . . . . . . . . . . . . . . . . 27
Division 2 Powers of WELS inspectors
47 Purposes for which powers can be used . . . . . . . . . . . . . . . . . . . 28
48 Inspection powers--public areas of WELS business premises . . 28
49 Inspection powers--with consent . . . . . . . . . . . . . . . . . . . . . . . . . 28
50 Refusing consent is not an offence . . . . . . . . . . . . . . . . . . . . . . . 29
51 Inspection powers--with warrant . . . . . . . . . . . . . . . . . . . . . . . . . 30
52 Announcement before entry under warrant . . . . . . . . . . . . . . . . . 30
53 Copy of warrant to be given to occupier . . . . . . . . . . . . . . . . . . . . 31
54 Occupier must provide inspector with facilities and assistance . . 31
55 Seizing or securing evidential material. . . . . . . . . . . . . . . . . . . . . 31
56 Holding evidential material for more than 90 days . . . . . . . . . . . . 32
57 Returning evidential material . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 3 Applying for warrants to enter WELS premises
58 Ordinary warrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
59 Warrants by telephone, fax etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 4 Giving WELS information to WELS inspectors
60 Meaning of person who has WELS information . . . . . . . . . . . . . . 36
61 Regulator may require a person to provide information . . . . . . . . 36
62 Regulator may require a person to appear before a WELS
inspector ...................................... 37
62A False or misleading information or documents. . . . . . . . . . . . . . . 37
Division 5 Privilege against self-incrimination
63 Privilege against self-incrimination not affected . . . . . . . . . . . . . . 39
Part 10 Money
Division 1 The WELS account
64 WELS account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
65 Credits to the WELS account . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
4
Water Efficiency Labelling and Standards Bill 2005
66 Purpose of the WELS account . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 2 Charging fees etc.
67 Regulator may charge for services. . . . . . . . . . . . . . . . . . . . . . . . 40
68 Recovery of amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Part 11 Review of decisions
69 Meaning of reviewable decision and affected person. . . . . . . . . . 41
70 Notification of decisions and review rights . . . . . . . . . . . . . . . . . . 41
71 Internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
72 Review of decisions by Administrative Appeals Tribunal . . . . . . . 42
Part 12 Miscellaneous
73 Compensation for damage to electronic equipment . . . . . . . . . . . 43
74 Compensation for acquisition of property. . . . . . . . . . . . . . . . . . . 44
75 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
76 Review of operation of WELS scheme . . . . . . . . . . . . . . . . . . . . . 45
77 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
2005
A Bill
for
An Act to provide for water efficiency labelling and the making
of water efficiency standards
s1 6 s4
Water Efficiency Labelling and Standards Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Water Efficiency Labelling and 4
Standards Act 2005. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
8
Note--
9
This section differs from section 2 of the Commonwealth Act.
3 Objects of Act 10
The objects of this Act are as follows-- 11
(a) to conserve water supplies by reducing water 12
consumption; 13
(b) to provide information for purchasers of water-use and 14
water-saving products; 15
(c) to promote the adoption of efficient and effective 16
water-use and water-saving technologies. 17
4 Act binds all persons 18
(1) This Act binds all persons, including the State, and, so far as 19
the legislative power of the Parliament permits, the 20
Commonwealth and the other States. 21
(2) Nothing in this Act renders the Commonwealth or a State 22
liable to be prosecuted for an offence. 23
24
Note--
25
This section differs from section 4 of the Commonwealth Act.
s5 7 s 5B
Water Efficiency Labelling and Standards Bill 2005
5 External Territories 1
2
Note--
3
Under section 5 of the Commonwealth Act, that Act extends to every
4
external Territory other than Norfolk Island.
5A Numbering 5
(1) In order to maintain consistent numbering between this Act 6
and the Commonwealth Act-- 7
(a) if the Commonwealth Act contains a section that is not 8
required in this Act, the provision number and heading 9
to the section appearing in the Commonwealth Act are 10
included in this Act despite the omission of the body of 11
the section; and 12
(b) if this Act contains a section that is not included in the 13
Commonwealth Act, the section is numbered so as to 14
maintain consistency in numbering between sections 15
common to both Acts. 16
(2) A provision number and heading referred to in subsection 17
(1)(a) form part of this Act. 18
19
Notes--
20
1 A note appears under each heading of a kind referred to in
21
subsection (1)(a) describing the omitted section of the
22
Commonwealth Act.
23
2 A note appears under each section of a kind referred to in
24
subsection (1)(b) highlighting the non-appearance of an equivalent
25
section in the Commonwealth Act.
26
3 This section does not appear in the Commonwealth Act.
5B Notes in text 27
A note in the text of this Act is not part of this Act. 28
29
Note--
30
This section does not appear in the Commonwealth Act.
s6 8 s9
Water Efficiency Labelling and Standards Bill 2005
6 Application of the Criminal Code 1
2
Notes--
3
1 Under section 6 of the Commonwealth Act, chapter 2 of the
4
Criminal Code (Cwlth) applies to offences against that Act.
5
2 The Criminal Code of Queensland applies for the purposes of this
6
Act.
7
3 Penalties prescribed under this Act are expressed in Queensland
8
penalty units.
Part 2 Interpretation 9
7 Definitions 10
The dictionary in the schedule defines particular words used 11
in this Act. 12
13
Note--
14
This section differs from section 7 of the Commonwealth Act.
Part 3 National WELS scheme 15
8 WELS scheme to be a national cooperative scheme 16
It is Parliament's intention that this Act form a part of a 17
cooperative scheme between the Commonwealth and the 18
States to provide for national water efficiency labelling and 19
standards. 20
21
Note--
22
This section differs from section 8 of the Commonwealth Act.
9 Application of this Act 23
24
Note--
25
Section 9 of the Commonwealth Act provides for the application of that
26
Act.
s 10 9 s 14
Water Efficiency Labelling and Standards Bill 2005
10 Relationship to other State laws 1
This Act is in addition to, and not in substitution for, any other 2
law of the State, whether passed or made before or after the 3
commencement of this section. 4
5
Note--
6
Section 10 of the Commonwealth Act deals with the relationship of that
7
Act to other Commonwealth laws.
11 State and Territory laws may operate concurrently 8
9
Note--
10
Section 11 of the Commonwealth Act allows State laws to operate
11
concurrently with that Act.
12 Meaning of corresponding law 12
A corresponding law means-- 13
(a) the Commonwealth Act; or 14
(b) a corresponding State-Territory law within the meaning 15
of the Commonwealth Act, other than this Act. 16
17
Note--
18
This section differs from section 12 of the Commonwealth Act.
13 Commonwealth consent to conferral of functions etc. on 19
the regulator or inspectors by corresponding laws 20
21
Note--
22
Section 13 of the Commonwealth Act provides for Commonwealth
23
consent to the conferral of functions or powers, or the imposition of
24
duties, on the regulator or WELS inspectors by corresponding
25
State-Territory laws.
14 How duty is imposed by corresponding laws 26
27
Note--
28
Section 14 of the Commonwealth Act deals with the imposition of
29
duties on the regulator or WELS inspectors by corresponding
30
State-Territory laws.
s 15 10 s 17
Water Efficiency Labelling and Standards Bill 2005
15 When a corresponding State-Territory law imposes a duty 1
2
Note--
3
Section 15 of the Commonwealth Act provides a definition of the phrase
4
imposes a duty for the purposes of sections 13 and 14 of that Act.
16 No doubling-up of liabilities 5
(1) If-- 6
(a) an act or omission is an offence against this Act and is 7
also an offence against the Commonwealth Act; and 8
(b) the offender has been punished for the offence under the 9
Commonwealth Act; 10
the offender is not liable to be punished for the offence under 11
this Act. 12
(2) If a person has been ordered to pay a pecuniary penalty under 13
the Commonwealth Act, the person is not liable to a pecuniary 14
penalty under this Act for the same conduct. 15
16
Note--
17
This section differs from section 16 of the Commonwealth Act.
17 Review of decisions under this Act 18
(1) A person may apply to the Administrative Appeals Tribunal 19
established under the Administrative Appeals Tribunal Act 20
for review of a reviewable decision if the decision is declared 21
under the regulations made under the Commonwealth Act to 22
be a reviewable State-Territory decision for the 23
Commonwealth Act, section 17. 24
(2) The Administrative Appeals Tribunal Act, other than part 25
IVA, and the regulations in force under that Act apply as laws 26
of the State for reviewable decisions. 27
(3) For this section, a reference in a provision of the 28
Administrative Appeals Tribunal Act, as the provision applies 29
as a law of the State, to all or any part of part IVA of that Act 30
is taken to be a reference to all or part of that part as it has 31
effect as a law of the Commonwealth. 32
s 18 11 s 20
Water Efficiency Labelling and Standards Bill 2005
1
Notes--
2
1 The regulations in force mentioned in subsection (2) are those in
3
force from time to time. See the Acts Interpretation Act 1954,
4
section 14H(2) and the Statutory Instruments Act 1992, section
5
14(1) and schedule 1.
6
2 This section differs from section 17 of the Commonwealth Act.
Part 4 WELS products and WELS 7
standards 8
18 WELS products 9
10
Note--
11
Section 18 of the Commonwealth Act enables the Commonwealth
12
Minister to decide that water-use or water-saving products are WELS
13
products and set out the WELS standard for the products.
19 WELS standards 14
15
Note--
16
Section 19 of the Commonwealth Act states what must be set out in
17
WELS standards and enables WELS standards to require products to be
18
registered, and registered products to be WELS-labelled, for specified
19
supplies of the product.
20 Meaning of WELS-labelled 20
(1) A product is WELS-labelled if it is labelled in accordance 21
with requirements set out in the WELS standard for products 22
of that kind. 23
(2) The requirements mentioned in subsection (1) may relate to 1 24
or more of the following-- 25
(a) the characteristics, contents, placement and quality of 26
labels attached to products or displayed on product 27
packaging; 28
s 21 12 s 22
Water Efficiency Labelling and Standards Bill 2005
(b) documents or other material used for, or provided in 1
connection with, the supply of the product; 2
(c) advertising the product. 3
4
Note--
5
This section differs from section 20 of the Commonwealth Act.
Part 5 The WELS regulator 6
21 The regulator 7
8
Note--
9
Section 21 of the Commonwealth Act appoints as the regulator the
10
Secretary of the Department of State of the Commonwealth that deals
11
with the matters to which the Commonwealth Act relates.
22 Functions of the regulator 12
The regulator has the following functions-- 13
(a) to administer the WELS scheme; 14
(b) to undertake or commission research in relation to 15
water-use and water-saving products; 16
(c) to provide advice in relation to deciding that water-use 17
or water-saving products are WELS products; 18
(d) to undertake or commission research in relation to 19
WELS standards; 20
(e) to help in the development of WELS standards; 21
(f) to provide information and advice to the Minister about 22
the operation of WELS standards; 23
(g) to provide information and advice about the operation of 24
the WELS scheme to-- 25
(i) the Minister; and 26
(ii) the chief executive; and 27
(iii) the public; 28
s 23 13 s 25
Water Efficiency Labelling and Standards Bill 2005
(h) to undertake or commission research in relation to the 1
effectiveness of WELS standards for reducing water 2
usage; 3
(i) to perform other functions conferred on the regulator 4
under an Act. 5
6
Note--
7
This section differs from section 22 of the Commonwealth Act.
23 Powers of the regulator 8
Subject to this Act, the regulator has power to do all things 9
necessary or convenient to be done for or in connection with 10
performing the regulator's functions under this Act. 11
12
Note--
13
This section differs from section 23 of the Commonwealth Act.
24 Arrangements with other agencies 14
The regulator may make an arrangement with an agency of 15
the State for the services of officers or employees of the 16
agency to be made available to help the regulator to perform 17
the regulator's functions or exercise the regulator's powers 18
under this Act. 19
20
Note--
21
This section differs from section 24 of the Commonwealth Act.
25 Delegation 22
(1) The regulator may, in writing, delegate 1 or more of the 23
regulator's powers or functions under this Act to 1 or more of 24
the following-- 25
(a) an officer or employee of an agency of the State; 26
(b) an officer or employee of an agency of the 27
Commonwealth; 28
(c) an officer or employee of an agency of another State. 29
s 26 14 s 26
Water Efficiency Labelling and Standards Bill 2005
(2) However, the regulator can not, under subsection (1), delegate 1
a power or function to an officer or employee of an agency of 2
the State without the agreement of the State. 3
(3) A delegate of the regulator is, in the exercise of the delegate's 4
delegated powers and functions, subject to the regulator's 5
directions. 6
7
Note--
8
This section differs from section 25 of the Commonwealth Act.
Part 6 Registration of WELS products 9
26 Applying for registration 10
(1) The manufacturer of a WELS product may apply in writing to 11
the regulator for registration of the product. 12
13
Notes--
14
1 A WELS standard may require products to be registered for the
15
purposes of specified supplies--see section 19(2) of the
16
Commonwealth Act. It is an offence to supply an unregistered
17
product if the product is required to be registered for the purposes
18
of the supply--see section 33.
19
However, if a WELS standard permits a product to be registered for
20
the purposes of specified supplies and the product is registered
21
despite not being required to, WELS-labelling requirements may
22
apply--see section 19(4) of the Commonwealth Act. It is an
23
offence to supply a product that is not WELS-labelled if
24
WELS-labelling requirements apply--see section 34.
25
2 Section 39B provides offences in relation to false or misleading
26
statements.
(2) A person who is not the manufacturer of a WELS product is 27
taken to be the manufacturer of the product for subsection (1) 28
and section 31(3)(b) if that person would be taken to be the 29
manufacturer of the product for sections 26(1) and 31(3)(b) of 30
the Commonwealth Act. 31
32
Note--
33
This section differs from section 26 of the Commonwealth Act.
s 27 15 s 28
Water Efficiency Labelling and Standards Bill 2005
27 Documentation etc. to be provided with application for 1
registration 2
(1) An application for registration of a WELS product must be 3
made in the manner and form decided in writing by the 4
Commonwealth Minister under section 27(1) of the 5
Commonwealth Act, and must be accompanied by-- 6
(a) any documentation, including test results and sample 7
labels, stated in the decision; and 8
(b) any registration fee stated in the decision. 9
(2) A decision referred to in subsection (1) may also state 10
conditions (registration conditions) that must be complied 11
with for a product to remain registered. 12
13
Note--
14
This section differs from section 27 of the Commonwealth Act.
28 Registration of products 15
(1) If-- 16
(a) an application is made for registration of a WELS 17
product; and 18
(b) the regulator does not refuse to register the product 19
under section 29; 20
the regulator must, by notice published in the Commonwealth 21
of Australia Gazette, register the product. 22
(2) The regulator must give the applicant written notice of the 23
registration or refusal. 24
(3) If, at the end of the period of 3 months that begins on the day 25
on which the application is made-- 26
(a) a notice registering the product has not been published 27
in the Commonwealth of Australia Gazette; and 28
(b) the applicant has not been notified, under subsection (2), 29
that the regulator has refused to register the product; 30
the regulator is taken to have refused to register the product. 31
s 29 16 s 30
Water Efficiency Labelling and Standards Bill 2005
29 Grounds for refusing to register 1
The regulator may refuse to register a WELS product if-- 2
(a) the application is not made in accordance with the 3
applicable decision under section 27(1) of the 4
Commonwealth Act; or 5
(b) the regulator is not satisfied all of the information 6
provided in the application is accurate; or 7
(c) the product does not satisfy a minimum water efficiency 8
or minimum general performance requirement that the 9
product is required to satisfy by the WELS standard for 10
products of that kind. 11
12
Notes--
13
1 See part 11 (Review of decisions).
14
2 This section differs from section 29 of the Commonwealth Act.
30 Period of registration 15
(1) Unless subsection (2) applies, a WELS product that is 16
registered remains registered until the first of the following 17
happens-- 18
(a) the registration is cancelled or suspended under section 19
31; 20
(b) the period of 5 years that begins on the day on which the 21
product is registered ends. 22
(2) If-- 23
(a) a WELS product is registered under a WELS standard 24
(the first WELS standard); and 25
(b) the first WELS standard is replaced; 26
the product remains registered under the first WELS standard 27
until the first of the following happens-- 28
(c) the product is registered under a WELS standard other 29
than the first WELS standard; 30
(d) the period of 1 year that begins on the day on which the 31
first WELS standard was replaced ends. 32
s 31 17 s 31
Water Efficiency Labelling and Standards Bill 2005
(3) If the Commonwealth Minister, in writing, decides that, for 1
stated purposes, the period of 1 year mentioned in section 2
30(2)(d) of the Commonwealth Act is extended by a further 3
stated period, the period of 1 year mentioned in subsection 4
(2)(d) of this section is extended for the same purposes by the 5
same further period. 6
7
Note--
8
This section differs from section 30 of the Commonwealth Act.
31 Cancelling or suspending registration 9
(1) The regulator may, by notice published in the Commonwealth 10
of Australia Gazette, cancel or suspend the registration of a 11
WELS product if-- 12
(a) registration conditions are not complied with; or 13
(b) the regulator is satisfied information provided in the 14
application for registration of the product-- 15
(i) was not accurate at the time of the application; or 16
(ii) is no longer accurate because changes have been 17
made to the product. 18
(2) If the regulator cancels or suspends the registration of a 19
WELS product under subsection (1), the regulator must give 20
written notice of the cancellation or suspension to the person 21
on whose application the product was registered. 22
(3) The regulator must, by notice published in the 23
Commonwealth of Australia Gazette, cancel the registration 24
of a WELS product if-- 25
(a) the WELS standard included in the most recent decision 26
made under section 18(1) of the Commonwealth Act 27
that relates to products of that kind does not require the 28
product to be registered; and 29
(b) the manufacturer on whose application the product was 30
registered makes a written request to the regulator for 31
the registration to be cancelled. 32
33
Notes--
34
1 See also part 11 (Review of decisions).
35
2 This section differs from section 31 of the Commonwealth Act.
s 32 18 s 34
Water Efficiency Labelling and Standards Bill 2005
Part 7 Offences relating to the supply 1
of WELS products 2
Division 1 Applicable WELS standards 3
32 Meaning of applicable WELS standard 4
(1) The applicable WELS standard for a WELS product that is 5
registered is the WELS standard under which the product is 6
registered. 7
(2) The applicable WELS standard for a WELS product that is 8
not registered is the WELS standard included in the most 9
recent decision made under section 18(1) of the 10
Commonwealth Act that relates to products of that kind. 11
Division 2 Registration and labelling 12
33 Registration requirements 13
A person commits an offence if-- 14
(a) the person supplies a WELS product; and 15
(b) the applicable WELS standard requires the product to be 16
registered for the purposes of the supply; and 17
(c) the product is not registered. 18
Maximum penalty--100 penalty units. 19
20
Notes--
21
1 This section does not affect the Criminal Code, sections 23
22
(Intention--motive) and 24 (Mistake of fact).
23
2 This section differs from section 33 of the Commonwealth Act.
34 Labelling registered products 24
A person commits an offence if-- 25
(a) the person supplies a WELS product; and 26
(b) the product is registered; and 27
s 35 19 s 36
Water Efficiency Labelling and Standards Bill 2005
(c) the applicable WELS standard requires registered 1
products to be WELS-labelled for the purposes of the 2
supply; and 3
(d) the product is not WELS-labelled. 4
Maximum penalty--100 penalty units. 5
6
Notes--
7
1 This section does not affect the Criminal Code, sections 23 and 24.
8
2 This section differs from section 34 of the Commonwealth Act.
Division 3 Minimum efficiency and 9
performance requirements 10
35 Minimum water efficiency--products required to be 11
registered 12
A person commits an offence if-- 13
(a) the person supplies a WELS product; and 14
(b) the applicable WELS standard requires the product-- 15
(i) to be registered for the purposes of the supply; and 16
(ii) to comply with minimum water efficiency 17
requirements for the purposes of the supply; and 18
(c) the product does not comply with those minimum water 19
efficiency requirements. 20
Maximum penalty--100 penalty units. 21
22
Notes--
23
1 This section does not affect the Criminal Code, sections 23 and 24.
24
2 This section differs from section 35 of the Commonwealth Act.
36 Minimum general performance--products required to be 25
registered 26
A person commits an offence if-- 27
(a) the person supplies a WELS product; and 28
(b) the applicable WELS standard requires the product-- 29
s 37 20 s 38
Water Efficiency Labelling and Standards Bill 2005
(i) to be registered for the purposes of the supply; and 1
(ii) to comply with general performance requirements 2
for the purposes of the supply; and 3
(c) the product does not comply with those general 4
performance requirements. 5
Maximum penalty--100 penalty units. 6
7
Notes--
8
1 This section does not affect the Criminal Code, sections 23 and 24.
9
2 This section differs from section 36 of the Commonwealth Act.
Division 4 Misuse of WELS standards etc. 10
37 Misuse of WELS standards and information 11
A person commits an offence if the person-- 12
(a) supplies a WELS product; and 13
(b) uses a WELS standard, or information included in a 14
WELS standard, for, or in relation to, the supply of the 15
product; and 16
(c) uses the standard, or information, in a manner that is 17
inconsistent with the standard. 18
Maximum penalty--100 penalty units. 19
20
Notes--
21
1 Section 39 sets out circumstances in which information is used for,
22
or in relation to, the supply of a product.
23
2 This section does not affect the Criminal Code, sections 23 and 24.
24
3 This section differs from section 37 of the Commonwealth Act.
38 Information inconsistent with WELS standards 25
A person commits an offence if-- 26
(a) the person uses information for, or in relation to, the 27
supply of a WELS product; and 28
s 39 21 s 39A
Water Efficiency Labelling and Standards Bill 2005
(b) the information is inconsistent with the information 1
contained in the applicable WELS standard for the 2
product. 3
Maximum penalty--100 penalty units. 4
5
Notes--
6
1 Section 39 sets out circumstances in which information is used for,
7
or in relation to, the supply of a product.
8
2 This section does not affect the Criminal Code, sections 23 and 24.
9
3 This section differs from section 38 of the Commonwealth Act.
39 Using information in the supply of products 10
(1) For sections 37 and 38, information is used for, or in relation 11
to, the supply of a product if the information is conveyed on, 12
or by-- 13
(a) a label attached to the product; or 14
(b) the packaging in which the product is supplied; or 15
(c) any document or other material used for, or provided in 16
connection with, the supply of the product; or 17
(d) any advertising that relates to the product. 18
(2) Subsection (1) does not limit the general meaning of words 19
used in sections 37 and 38. 20
21
Note--
22
This section differs from section 39 of the Commonwealth Act.
Division 5 Extensions of criminal 23
responsibility 24
39A Attempts to commit offences against Act 25
(1) A person who attempts to commit an offence (the attempted 26
offence) against this Act commits an offence. 27
Maximum penalty--the maximum penalty for the completed 28
offence. 29
s 39B 22 s 39B
Water Efficiency Labelling and Standards Bill 2005
(2) The Criminal Code, section 4,1 applies to subsection (1). 1
2
Note--
3
This section does not appear in the Commonwealth Act but a provision
4
to the same effect, except as to penalty, is included in section 11.1 of the
5
Criminal Code (Cwlth).
39B False or misleading information or document 6
(1) This section applies to a person giving information or a 7
document-- 8
(a) in connection with an application made to the regulator 9
under this Act; or 10
(b) in compliance or purported compliance with this Act, 11
other than part 9, division 4. 12
(2) A person must not do either of the following-- 13
(a) give information, whether orally or in writing, that the 14
person knows to be false or misleading in a material 15
particular; 16
(b) give another person a document that the person knows to 17
be false or misleading in a material particular without-- 18
(i) telling the other person how it is false or 19
misleading; and 20
(ii) if the person has, or can reasonably obtain, the 21
correct information, giving the other person the 22
correct information. 23
Maximum penalty--100 penalty units. 24
(3) It is enough for the complaint starting the proceeding to state 25
the document, information or statement was `false or 26
misleading' to the defendant's knowledge, without specifying 27
which. 28
29
Note--
30
This section does not appear in the Commonwealth Act but provisions
31
to the same effect, except as to penalty, are included in part 7.4 of the
32
Criminal Code (Cwlth).
1 Criminal Code, section 4 (Attempts to commit offences)
s 40 23 s 41
Water Efficiency Labelling and Standards Bill 2005
Part 8 Other enforcement 1
Division 1 Infringement notices 2
40 Infringement notices 3
4
Notes--
5
1 Section 40 of the Commonwealth Act allows a regulation to be
6
made allowing a person who is alleged to have committed an
7
offence against part 7 of that Act to pay a penalty to the
8
Commonwealth as an alternative to prosecution.
9
2 The State Penalties Enforcement Act 1999 applies for the purposes
10
of this Act.
11
3 Infringement notice fines may be given to a person who is alleged
12
to have committed an offence against part 7. Infringement notice
13
offences and the infringement notice fine for each offence are
14
stated in the State Penalties Enforcement Regulation 2000.
Division 2 Publicising offences 15
41 Regulator may publicise offences 16
(1) The regulator may publicise, in any way the regulator thinks 17
appropriate, an offence against this Act for which a person has 18
been convicted. 19
(2) This division does not-- 20
(a) limit the regulator's powers to publicise an offence 21
against this Act; or 22
(b) prevent anyone else from publicising an offence against 23
this Act; or 24
(c) affect any obligation, however imposed, on anyone to 25
publicise an offence against this Act. 26
(3) This section is subject to the Criminal Law (Rehabilitation of 27
Offenders) Act 1986. 28
29
Note--
30
This section differs from section 41 of the Commonwealth Act.
s 42 24 s 43
Water Efficiency Labelling and Standards Bill 2005
Division 3 Enforceable undertakings 1
42 Acceptance of undertakings 2
(1) The regulator may accept a written undertaking given by a 3
person in connection with a matter relating to-- 4
(a) complying with a WELS standard; or 5
(b) complying with a registration condition. 6
(2) The person may withdraw or vary the undertaking at any time, 7
but only with the consent of the regulator. 8
9
Note--
10
This section differs from section 42 of the Commonwealth Act.
43 Enforcement of undertakings 11
(1) If the regulator considers that a person who gave an 12
undertaking under section 42 has breached any of its terms, 13
the regulator may apply to the Supreme Court for an order 14
under subsection (2). 15
(2) If the Supreme Court is satisfied the person has breached a 16
term of the undertaking, the court may make 1 or more of the 17
following orders-- 18
(a) an order directing the person to comply with that term of 19
the undertaking; 20
(b) an order directing the person to pay the State an amount 21
up to the amount of any financial benefit that the person 22
has obtained directly or indirectly and that is reasonably 23
attributable to the breach; 24
(c) any order that the court considers appropriate directing 25
the person to compensate any other person who has 26
suffered loss or damage as a result of the breach; 27
(d) any other order the court considers appropriate. 28
29
Note--
30
Section 43 of the Commonwealth Act confers a similar power to enforce
31
undertakings on the Federal Court of Australia.
s 44 25 s 44
Water Efficiency Labelling and Standards Bill 2005
Division 4 Injunctions 1
44 Injunctions 2
(1) If a person has engaged, is engaging or is about to engage in 3
conduct that is or would be an offence against this Act, the 4
Supreme Court may, on the application of the regulator, grant 5
an injunction-- 6
(a) restraining the person from engaging in the conduct; or 7
(b) requiring the person to do an act or thing. 8
(2) On an application, the court may, if it thinks it appropriate, 9
grant an injunction by consent of all parties to the 10
proceedings, whether or not the court is satisfied the person 11
has engaged, is engaging or is about to engage in any conduct 12
that is or would be an offence against this Act. 13
(3) The court may, if it thinks it desirable, grant an interim 14
injunction pending its decision of an application. 15
(4) The court is not to require the regulator or anyone else, as a 16
condition of granting an interim injunction, to give an 17
undertaking as to damages. 18
(5) The court may discharge or vary an injunction it has granted. 19
(6) The power to grant or vary an injunction restraining a person 20
from engaging in conduct may be exercised-- 21
(a) whether or not it appears to the court that the person 22
intends to engage again, or to continue to engage, in 23
conduct of that kind; and 24
(b) whether or not the person has previously engaged in 25
conduct of that kind. 26
(7) The power to grant or vary an injunction requiring a person to 27
do an act or thing may be exercised-- 28
(a) whether or not it appears to the court that the person 29
intends to fail again, or to continue to fail, to do that act 30
or thing; and 31
(b) whether or not the person has previously failed to do 32
that act or thing and whether or not there is an imminent 33
s 45 26 s 46
Water Efficiency Labelling and Standards Bill 2005
danger of substantial damage to any person if the person 1
fails to do that act or thing. 2
3
Note--
4
Section 44 of the Commonwealth Act confers a similar power to grant
5
injunctions on the Federal Court of Australia.
Part 9 WELS inspectors 6
Division 1 Appointment of WELS inspectors 7
45 Regulator may appoint WELS inspectors 8
(1) The regulator may, in writing, appoint any of the following as 9
a WELS inspector-- 10
(a) an officer or employee of an agency of the State; 11
(b) an officer or employee of an agency of the 12
Commonwealth. 13
(2) However, the regulator must not appoint an officer or 14
employee of an agency of the State as a WELS inspector 15
without the agreement of the State. 16
(3) In exercising powers or performing functions as a WELS 17
inspector, a WELS inspector must comply with any direction 18
of the regulator. 19
20
Notes--
21
1 Section 46A provides offences in relation to obstructing or
22
impersonating WELS inspectors.
23
2 This section differs from section 45 of the Commonwealth Act.
46 Identity cards 24
(1) The regulator must issue an identity card to each WELS 25
inspector. 26
(2) The identity card must-- 27
s 46A 27 s 46A
Water Efficiency Labelling and Standards Bill 2005
(a) be in the form prescribed by the regulations made under 1
the Commonwealth Act; and 2
(b) contain a recent photograph of the WELS inspector. 3
(3) If a person to whom an identity card has been issued ceases to 4
be a WELS inspector, the person must return the identity card 5
to the regulator as soon as practicable unless the person has a 6
reasonable excuse. 7
Maximum penalty--1 penalty unit. 8
(4) A WELS inspector must carry his or her identity card at all 9
times when exercising powers or performing functions as a 10
WELS inspector. 11
(5) A WELS inspector is not entitled to exercise any powers 12
under this part in relation to premises if-- 13
(a) the occupier of the premises has required the WELS 14
inspector to produce the WELS inspector's identity card 15
for inspection by the occupier; and 16
(b) the WELS inspector fails to comply with the 17
requirement. 18
19
Note--
20
This section differs from section 46 of the Commonwealth Act.
46A Offences relating to WELS inspectors 21
(1) A person must not, without reasonable excuse, obstruct a 22
WELS inspector who is exercising a power under this Act. 23
Maximum penalty--100 penalty units. 24
(2) A person who is not a WELS inspector must not, in any way, 25
hold himself or herself out to be a WELS inspector unless the 26
person has a reasonable excuse. 27
Maximum penalty--100 penalty units. 28
(3) In this section-- 29
obstruct includes hinder. 30
31
Note--
32
This section does not appear in the Commonwealth Act but provisions
33
to the same effect are included in Part 7.8 of the Criminal Code (Cwlth).
s 47 28 s 49
Water Efficiency Labelling and Standards Bill 2005
Division 2 Powers of WELS inspectors 1
47 Purposes for which powers can be used 2
A WELS inspector may exercise the powers set out in this 3
division for the following purposes-- 4
(a) deciding whether a person is complying with this Act; 5
(b) investigating a possible offence against this Act. 6
7
Note--
8
This section differs from section 47 of the Commonwealth Act.
48 Inspection powers--public areas of WELS business 9
premises 10
(1) For the purposes set out in section 47, a WELS inspector may 11
do 1 or more of the following in a public area of WELS 12
business premises when the premises are open to the public-- 13
(a) inspect WELS products; 14
(b) purchase any WELS product that is available for sale; 15
(c) inspect or collect written information, advertising or any 16
other document that is available, or made available, to 17
the public; 18
(d) discuss product features with any person; 19
(e) observe practices relating to the supply of products. 20
(2) Subsection (1) does not affect any right of the occupier of the 21
premises to refuse to allow a WELS inspector to enter, or 22
remain on, the premises. 23
49 Inspection powers--with consent 24
(1) A WELS inspector may enter WELS premises and exercise 25
the powers mentioned in subsection (3) if the occupier of the 26
premises consents to the entry and the exercise of the powers. 27
(2) Before obtaining consent, the WELS inspector must inform 28
the occupier that the occupier may refuse consent, or 29
withdraw consent, at any time. 30
s 50 29 s 50
Water Efficiency Labelling and Standards Bill 2005
(3) For the purposes mentioned in section 47, a WELS inspector 1
who enters WELS premises under subsection (1) may do 1 or 2
more of the following-- 3
(a) search the premises and any thing, including a vehicle, 4
on the premises; 5
(b) inspect, examine, take measurements of or conduct tests 6
on any thing on the premises; 7
(c) take photographs, make video or audio recordings or 8
make sketches of the premises or any thing on the 9
premises; 10
(d) inspect any book, record or document on the premises; 11
(e) take extracts from or make copies of any book, record or 12
document on the premises; 13
(f) take onto the premises the equipment and materials the 14
WELS inspector requires for exercising powers in 15
relation to the premises; 16
(g) operate equipment on the premises for gaining access to 17
a document or record relating to 1 or more WELS 18
products. 19
20
Note--
21
This section differs from section 49 of the Commonwealth Act.
50 Refusing consent is not an offence 22
The occupier of WELS premises does not commit an offence 23
if-- 24
(a) the occupier refuses to allow a WELS inspector to enter, 25
or remain on, the premises; and 26
(b) the WELS inspector does not have a warrant to enter the 27
premises. 28
s 51 30 s 52
Water Efficiency Labelling and Standards Bill 2005
51 Inspection powers--with warrant 1
(1) A WELS inspector may enter WELS premises and exercise 2
the powers mentioned in subsection (2) if the WELS inspector 3
has a warrant for the entry. 4
5
Note--
6
Division 3 deals with applications for warrants.
(2) For the purposes mentioned in section 47, a WELS inspector 7
who enters WELS premises under warrant may do 1 or more 8
of the following-- 9
(a) exercise 1 or more of the powers set out in section 49(3); 10
(b) require any person on the premises to-- 11
(i) answer any questions put by the WELS inspector; 12
and 13
(ii) produce any book, record or document requested 14
by the WELS inspector; 15
(c) seize or secure any evidential material on the premises. 16
(3) A person commits an offence if-- 17
(a) the person is required to answer a question or produce a 18
book, record or document under subsection (2)(b); and 19
(b) the person does not, without reasonable excuse, answer 20
the question or produce the book, record or document. 21
Maximum penalty--100 penalty units. 22
23
Notes--
24
1 This section is subject to section 63 (Privilege against
25
self-incrimination not affected).
26
2 This section differs from section 51 of the Commonwealth Act.
52 Announcement before entry under warrant 27
(1) A WELS inspector must, before entering WELS premises 28
under a warrant-- 29
(a) announce that the WELS inspector is authorised to enter 30
the premises; and 31
(b) give any person on the premises an opportunity to allow 32
entry to the premises. 33
s 53 31 s 55
Water Efficiency Labelling and Standards Bill 2005
(2) A WELS inspector is not required to comply with subsection 1
(1) if the WELS inspector believes on reasonable grounds that 2
immediate entry to the premises is required to ensure the 3
effective execution of the warrant is not frustrated. 4
5
Note--
6
This section differs from section 52 of the Commonwealth Act.
53 Copy of warrant to be given to occupier 7
(1) If a warrant in relation to WELS premises is being executed 8
and the occupier of the premises is present at the premises, the 9
WELS inspector must-- 10
(a) give a copy of the warrant to the occupier; and 11
(b) identify himself or herself to the occupier. 12
(2) The copy of the warrant does not need to include the signature 13
of the magistrate who issued the warrant. 14
54 Occupier must provide inspector with facilities and 15
assistance 16
A person commits an offence if-- 17
(a) the person is the occupier of WELS premises; and 18
(b) a WELS inspector enters the premises under a warrant; 19
and 20
(c) the person does not, without reasonable excuse, provide 21
the WELS inspector with all reasonable facilities and 22
assistance for the effective execution of the warrant. 23
Maximum penalty--50 penalty units. 24
25
Note--
26
This section differs from section 54 of the Commonwealth Act.
55 Seizing or securing evidential material 27
(1) If a WELS inspector seizes or secures evidential material on 28
WELS premises, the WELS inspector must give the occupier 29
of the premises a receipt for the material. 30
(2) The regulator may make copies of the material. 31
s 56 32 s 57
Water Efficiency Labelling and Standards Bill 2005
(3) The regulator may examine or test the material, even though 1
that might result in damage or destruction of the material or a 2
reduction in its value. 3
(4) The regulator must return or release the material when the 4
first of the following occurs-- 5
(a) the material is no longer needed for the purposes for 6
which it was seized or secured; 7
(b) the period of 90 days that begins on the day on which 8
the material was seized or secured ends. 9
56 Holding evidential material for more than 90 days 10
(1) Despite section 55(4)(b), the regulator may-- 11
(a) apply to a Magistrates Court for an order allowing 12
possession or control of evidential material for a further 13
period stated in the order; and 14
(b) if the Magistrates Court makes the order--retain 15
possession or control of the material. 16
(2) In deciding the application, the Magistrates Court must allow 17
the owner of the material to appear and be heard. 18
(3) The Magistrates Court must not make an order allowing 19
possession or control of the material for a further period 20
unless it is satisfied the order is necessary for prosecuting an 21
offence against this Act. 22
23
Note--
24
This section differs from section 56 of the Commonwealth Act.
57 Returning evidential material 25
If the regulator can not, despite making reasonable efforts, 26
locate the owner of evidential material, the regulator may 27
dispose of the material in the way the regulator thinks 28
appropriate. 29
30
Note--
31
This section differs from section 57 of the Commonwealth Act.
s 58 33 s 59
Water Efficiency Labelling and Standards Bill 2005
Division 3 Applying for warrants to enter 1
WELS premises 2
58 Ordinary warrants 3
(1) A WELS inspector may apply to a magistrate for the issue of a 4
search warrant in relation to particular WELS premises. 5
(2) The magistrate may issue the warrant if the magistrate is 6
satisfied, by sworn evidence, that it is necessary to enter the 7
WELS premises for 1 or more of the following purposes-- 8
(a) deciding whether a person is complying with this Act; 9
(b) investigating a possible offence against this Act. 10
(3) However, the magistrate must not issue the warrant unless the 11
WELS inspector or some other person has given to the 12
magistrate, either orally or by affidavit, the further 13
information, if any, the magistrate requires about the grounds 14
on which the issue of the warrant is being sought. 15
(4) The warrant must-- 16
(a) authorise the WELS inspector to enter the premises with 17
the help and using the force that is necessary and 18
reasonable; and 19
(b) state whether the entry is authorised to be made at any 20
time of the day or night or during stated hours of the day 21
or night; and 22
(c) state the day, being not more than 1 week after the issue 23
of the warrant, on which the warrant ends; and 24
(d) state the purpose for which the warrant is issued. 25
26
Note--
27
This section differs from section 58 of the Commonwealth Act.
59 Warrants by telephone, fax etc. 28
(1) If, in an urgent case, a WELS inspector considers it necessary 29
to do so, the WELS inspector may apply to a magistrate by 30
telephone, fax or other electronic means for a warrant under 31
section 58. 32
s 59 34 s 59
Water Efficiency Labelling and Standards Bill 2005
(2) The magistrate may-- 1
(a) require communication by voice to the extent that it is 2
practicable in the circumstances; and 3
(b) make a recording of the whole or any part of the 4
communication by voice. 5
(3) Before applying for the warrant, the WELS inspector must 6
prepare an affidavit giving evidence of the kind mentioned in 7
section 58(2) and stating the grounds on which the warrant is 8
sought. 9
(4) If it is necessary to do so, the WELS inspector may apply for 10
the warrant before the affidavit is sworn. 11
(5) If the magistrate is satisfied-- 12
(a) after having considered the terms of the affidavit; and 13
(b) after having received the further information, if any, the 14
magistrate requires about the grounds on which the 15
issue of the warrant is being sought-- 16
that there are reasonable grounds for issuing the warrant, the 17
magistrate may complete and sign the warrant that the 18
magistrate would issue under section 58 if the application had 19
been made under that section. 20
(6) If the magistrate completes and signs the warrant-- 21
(a) the magistrate must-- 22
(i) tell the WELS inspector what the terms of the 23
warrant are; and 24
(ii) tell the WELS inspector the day on which and the 25
time at which the warrant was signed; and 26
(iii) tell the WELS inspector the day, being not more 27
than 1 week after the magistrate completes and 28
signs the warrant, on which the warrant ceases to 29
have effect; and 30
(iv) record on the warrant the reasons for issuing the 31
warrant; and 32
(b) the WELS inspector must-- 33
s 59 35 s 59
Water Efficiency Labelling and Standards Bill 2005
(i) complete a form of warrant in the same terms as 1
the warrant completed and signed by the 2
magistrate; and 3
(ii) write on the form the name of the magistrate and 4
the day on which and the time at which the warrant 5
was signed. 6
(7) The WELS inspector must also, not later than the day after the 7
day of expiry or execution of the warrant, whichever is the 8
earlier, send to the magistrate-- 9
(a) the form of warrant completed by the WELS inspector; 10
and 11
(b) the affidavit mentioned in subsection (3) that has been 12
duly sworn. 13
(8) When the magistrate receives the documents mentioned in 14
subsection (7), the magistrate must-- 15
(a) attach the documents to the warrant that the magistrate 16
completed and signed; and 17
(b) deal with the documents in the way in which the 18
magistrate would have dealt with the affidavit if the 19
application had been made under section 58. 20
(9) A form of warrant completed under subsection (6) is authority 21
for the same powers authorised by the warrant signed by the 22
magistrate. 23
(10) If-- 24
(a) it is material, in any proceedings, for a court to be 25
satisfied an exercise of a power was authorised by this 26
section; and 27
(b) the warrant signed by the magistrate authorising the 28
exercise of the power is not produced in evidence-- 29
the onus of proof is on the person relying on the lawfulness of 30
the exercise of the power to prove a warrant authorised the 31
exercise of the power. 32
33
Note--
34
This section differs from section 59 of the Commonwealth Act.
s 60 36 s 61
Water Efficiency Labelling and Standards Bill 2005
Division 4 Giving WELS information to WELS 1
inspectors 2
60 Meaning of person who has WELS information 3
A person is a person who has WELS information if the 4
regulator believes, on reasonable grounds, that the person is 5
capable of giving information, or producing books, records or 6
documents, relevant for the purposes of investigating or 7
preventing an offence against this Act. 8
61 Regulator may require a person to provide information 9
(1) The regulator may, by written notice, require a person who 10
has WELS information to give the WELS inspector stated in 11
the notice, and in the way and within the period stated in the 12
notice-- 13
(a) the information stated in the notice; or 14
(b) any book, record or document stated in the notice. 15
(2) The period mentioned in subsection (1) must end not less than 16
14 days after the notice is given. 17
(3) A notice under subsection (1) must set out the effect of section 18
62A. 19
(4) A person commits an offence if-- 20
(a) the person is required to give information or a book, 21
record or document to a WELS inspector under 22
subsection (1); and 23
(b) the person does not, without reasonable excuse, give the 24
WELS inspector the information, book, record or 25
document. 26
Maximum penalty--100 penalty units. 27
28
Notes--
29
1 This section is subject to section 63 (Privilege against
30
self-incrimination not affected).
31
2 This section differs from section 61 of the Commonwealth Act.
s 62 37 s 62A
Water Efficiency Labelling and Standards Bill 2005
62 Regulator may require a person to appear before a WELS 1
inspector 2
(1) The regulator may, by written notice, require a person who 3
has WELS information to appear before the WELS inspector 4
stated in the notice, at a time and place stated in the notice-- 5
(a) to answer any questions put by the WELS inspector; and 6
(b) to produce to the WELS inspector the books, records or 7
documents stated in the notice. 8
(2) The time must not be earlier than 14 days after the notice is 9
given. 10
(3) A notice under subsection (1) must set out the effect of section 11
62A. 12
(4) A person commits an offence if-- 13
(a) the person is required to appear before a WELS 14
inspector under subsection (1); and 15
(b) the person does not, without reasonable excuse, appear 16
before the WELS inspector. 17
Maximum penalty--100 penalty units. 18
(5) A person commits an offence if-- 19
(a) the person is required under subsection (1) to appear 20
before a WELS inspector; and 21
(b) when appearing before the WELS inspector, the person 22
does not, without reasonable excuse-- 23
(i) answer a question put by the WELS inspector; or 24
(ii) produce a book, record or document to the WELS 25
inspector as required by notice given under that 26
subsection. 27
Maximum penalty--100 penalty units. 28
29
Note--
30
This section differs from section 62 of the Commonwealth Act.
62A False or misleading information or documents 31
(1) A person is guilty of an offence if-- 32
s 62A 38 s 62A
Water Efficiency Labelling and Standards Bill 2005
(a) the person gives information to a WELS inspector under 1
section 61(1) or 62; and 2
(b) the person does so knowing that the information-- 3
(i) is false or misleading in a material particular; or 4
(ii) omits any matter or thing without which the 5
information is misleading in a material particular. 6
Maximum penalty--100 penalty units. 7
(2) A person is guilty of an offence if-- 8
(a) the person produces a book, record or document to a 9
WELS inspector under section 61(1) or 62; and 10
(b) the person does so knowing that the document is false or 11
misleading in a material particular. 12
Maximum penalty--100 penalty units. 13
(3) Subsection (2) does not apply to a person who produces a 14
book, record or document if the book, record or document is 15
accompanied by a written statement signed by the person or, 16
in the case of a body corporate, by a competent officer of the 17
body corporate-- 18
(a) stating that the book, record or document is, to the 19
knowledge of the person, false or misleading in a 20
material particular; and 21
(b) setting out, or referring to, the material particular in 22
which the book, record or document is, to the 23
knowledge of the person, false or misleading. 24
(4) It is enough for the complaint starting the proceeding to state 25
the document, information or statement was `false or 26
misleading' to the defendant's knowledge, without specifying 27
which. 28
29
Note--
30
This section does not appear in the Commonwealth Act but provisions
31
to the same effect, except as to penalty, are included in Part 7.4 of the
32
Criminal Code (Cwlth).
s 63 39 s 65
Water Efficiency Labelling and Standards Bill 2005
Division 5 Privilege against self-incrimination 1
63 Privilege against self-incrimination not affected 2
Nothing in this part affects the right of a person to refuse to 3
answer a question, give information, or produce a document, 4
on the ground that the answer to the question, the information, 5
or the production of the document, might tend to incriminate 6
the person or make the person liable to a penalty. 7
8
Note--
9
This section differs from section 63 of the Commonwealth Act.
Part 10 Money 10
Division 1 The WELS account 11
64 WELS account 12
13
Note--
14
Section 64 of the Commonwealth Act establishes the WELS account.
65 Credits to the WELS account 15
(1) The following amounts must be paid to the Commonwealth 16
for crediting to the WELS account-- 17
(a) amounts equal to amounts received by the State from 18
fines, infringement notice fines within the meaning of 19
the State Penalties Enforcement Act 1999 or under a 20
court order under section 43(2) in relation to the breach 21
of an undertaking; 22
(b) amounts equal to amounts from time to time received by 23
the State under division 2. 24
s 66 40 s 68
Water Efficiency Labelling and Standards Bill 2005
(2) The consolidated fund is appropriated to the extent necessary 1
to enable payment of amounts to the Commonwealth under 2
subsection (1). 3
4
Note--
5
This section differs from section 65 of the Commonwealth Act.
66 Purpose of the WELS account 6
The purpose of the WELS account is to make payments-- 7
(a) to further the objects of this Act, as stated in section 3, 8
and those of any corresponding law; and 9
(b) otherwise in connection with the performance of the 10
regulator's functions under this Act or a corresponding 11
law. 12
13
Note--
14
This section differs from section 66 of the Commonwealth Act.
Division 2 Charging fees etc. 15
67 Regulator may charge for services 16
The regulator may charge fees for services provided by, or 17
for, the regulator in performing the regulator's functions 18
under this Act. 19
20
Note--
21
This section differs from section 67 of the Commonwealth Act.
68 Recovery of amounts 22
The following amounts may be recovered as debts due to the 23
State-- 24
(a) fees payable to the State under this Act or a 25
corresponding law; 26
s 69 41 s 70
Water Efficiency Labelling and Standards Bill 2005
(b) amounts payable to the State in connection with the 1
performance of the regulator's functions under this Act. 2
3
Note--
4
This section differs from section 68 of the Commonwealth Act.
Part 11 Review of decisions 5
69 Meaning of reviewable decision and affected person 6
(1) Each of the following decisions is a reviewable decision-- 7
(a) a decision by the regulator to refuse to register a WELS 8
product under section 29; 9
(b) a decision by the regulator to cancel or suspend the 10
registration of a WELS product under section 31. 11
(2) The affected person is-- 12
(a) for a reviewable decision mentioned in subsection 13
(1)(a)--the person whose application to register the 14
WELS product was refused; or 15
(b) for a reviewable decision mentioned in subsection 16
(1)(b)--the person on whose application the WELS 17
product was registered. 18
19
Note--
20
This section differs from section 69 of the Commonwealth Act.
70 Notification of decisions and review rights 21
(1) The regulator must, as soon as practicable after making a 22
reviewable decision, cause a written notice to be given to the 23
affected person for the decision, containing the following-- 24
(a) the terms of the decision; 25
(b) the reasons for the decision; 26
(c) a statement setting out particulars of the person's review 27
rights. 28
s 71 42 s 72
Water Efficiency Labelling and Standards Bill 2005
(2) A failure to comply with subsection (1) does not affect the 1
validity of the decision. 2
3
Note--
4
This section differs from section 70 of the Commonwealth Act.
71 Internal review 5
(1) The affected person for a reviewable decision, other than a 6
decision made by the regulator personally, may apply in 7
writing to the regulator for review of the decision. 8
(2) The application must be made within 30 days after the day on 9
which the decision first came to the applicant's notice, or 10
within any further period as the regulator, before or after the 11
end of the 30 days, allows. 12
(3) The regulator must, on receiving an application, review the 13
decision personally. 14
(4) The regulator may-- 15
(a) make a decision affirming, varying or revoking the 16
reviewable decision; and 17
(b) if the regulator revokes the decision, make any other 18
decision the regulator thinks appropriate. 19
20
Note--
21
This section differs from section 71 of the Commonwealth Act.
72 Review of decisions by Administrative Appeals Tribunal 22
(1) Subject to the Administrative Appeals Tribunal Act, an 23
affected person may apply under that Act for a review of the 24
following decisions-- 25
(a) a reviewable decision made by the regulator personally; 26
(b) an internal review decision made by the regulator under 27
section 71. 28
s 73 43 s 73
Water Efficiency Labelling and Standards Bill 2005
(2) In this section-- 1
decision see the Administrative Appeals Tribunal Act, section 2
3(3).2 3
4
Note--
5
This section differs from section 72 of the Commonwealth Act.
Part 12 Miscellaneous 6
73 Compensation for damage to electronic equipment 7
(1) This section applies if, as a result of electronic equipment 8
being operated under section 49-- 9
(a) damage is caused to the equipment; or 10
(b) the data recorded on the equipment is damaged; or 11
(c) programs associated with the use of the equipment, or 12
with the use of the data, are damaged or corrupted and 13
the damage or corruption occurs because-- 14
(i) insufficient care was exercised in selecting the 15
person who was to operate the equipment; or 16
(ii) insufficient care was exercised by the person 17
operating the equipment. 18
2 Administrative Appeals Tribunal Act, section 3 (Interpretation)--
(3) Unless the contrary intention appears, a reference in this Act to a decision
includes a reference to--
(a) making, suspending, revoking or refusing to make an order or
determination;
(b) giving, suspending, revoking or refusing to give a certificate, direction,
approval, consent or permission;
(c) issuing, suspending, revoking or refusing to issue a licence, authority or
other instrument;
(d) imposing a condition or restriction;
(e) making a declaration, demand or requirement;
(f) retaining, or refusing to deliver up, an article;
(g) doing or refusing to do any other act or thing.
s 74 44 s 75
Water Efficiency Labelling and Standards Bill 2005
(2) The regulator must pay the owner of the equipment, or the 1
user of the data or programs, the reasonable compensation for 2
the damage or corruption the owner or user agree on. 3
(3) However, if the owner or user and the regulator fail to agree, 4
the owner or user may institute proceedings in the Supreme 5
Court for the reasonable amount of compensation the court 6
decides. 7
(4) In deciding the amount of compensation payable, regard must 8
be had to whether the occupier of the premises and the 9
occupier's employees and agents, if they were available at the 10
time, had provided any appropriate warning or guidance on 11
the operation of the equipment. 12
13
Note--
14
This section differs from section 73 of the Commonwealth Act.
74 Compensation for acquisition of property 15
16
Note--
17
Section 74 of the Commonwealth Act provides for payment of
18
compensation by the Commonwealth for acquisition of property.
75 Annual report 19
(1) The regulator must, as soon as practicable after the end of 20
each financial year, prepare and give to the Minister a report 21
on the operations of the regulator under this Act during that 22
year. 23
(2) The Minister must cause a copy of the report to be laid before 24
the Legislative Assembly within 14 sitting days after the 25
Minister receives the report. 26
27
Notes--
28
1 Section 75(2)(a) of the Commonwealth Act refers to 15 sitting
29
days.
30
2 Section 75(2)(b) of the Commonwealth Act requires the regulator
31
to give a copy of the regulator's report under that section to each
32
State.
s 76 45 s 77
Water Efficiency Labelling and Standards Bill 2005
76 Review of operation of WELS scheme 1
The Minister must cause a copy of the report of the 2
independent review of the WELS scheme given to the State 3
under section 76 of the Commonwealth Act to be laid before 4
the Legislative Assembly within 14 sitting days after the 5
Minister receives the report. 6
7
Note--
8
This section differs from section 76 of the Commonwealth Act. That
9
section provides for an independent review of the operation of the
10
WELS scheme to be undertaken as soon as possible after the fifth
11
anniversary of the commencement of that section. The Commonwealth
12
Minister is required to give a copy to the State.
77 Regulation-making power 13
(1) The Governor in Council may make regulations under this 14
Act. 15
(2) A regulation may-- 16
(a) prescribe fees payable under this Act; and 17
(b) impose a penalty of not more than 20 penalty units for 18
contravention of a regulation. 19
20
Note--
21
This section differs from section 77 of the Commonwealth Act.
46
Water Efficiency Labelling and Standards Bill 2005
Schedule Dictionary 1
section 7 2
Administrative Appeals Tribunal Act means the 3
Administrative Appeals Tribunal Act 1975 (Cwlth). 4
affected person see section 69(2). 5
agency-- 6
(a) of the Commonwealth, includes the following-- 7
(i) an agency within the meaning of the Financial 8
Management and Accountability Act 1997 (Cwlth); 9
(ii) a body corporate established for a public purpose 10
under a Commonwealth Act; and 11
(b) of this or another State, includes the following-- 12
(i) a Department of State, however described, of the 13
State; 14
(ii) a body corporate established for a public purpose 15
under a law of the State. 16
applicable WELS standard see section 32. 17
Commonwealth Act means the Water Efficiency Labelling 18
and Standards Act 2005 (Cwlth). 19
Commonwealth Minister means the Commonwealth Minister 20
under the Commonwealth Act. 21
corresponding law see section 12. 22
damage, in relation to data, includes damage by erasure of 23
data or addition of other data. 24
decision includes determination. 25
evidential material means any thing that may be relevant to 26
the investigation or prosecution of an offence against this Act. 27
give includes produce. 28
occupier, in relation to premises, includes a person who 29
apparently represents the occupier of the premises. 30
47
Water Efficiency Labelling and Standards Bill 2005
Schedule 1 (continued)
person who has WELS information see section 60. 1
registered means registered under a WELS standard. 2
registration conditions see section 27(2). 3
regulator means the WELS Regulator established under 4
section 21 of the Commonwealth Act. 5
reviewable decision see section 69(1). 6
stated includes specified. 7
supply means-- 8
(a) supply for consideration; or 9
(b) offer to supply for consideration. 10
water-saving product means a device, appliance or fitting 11
that-- 12
(a) is not a water-use product; and 13
(b) is designed to operate in place of a water-use product. 14
water-use product means a device, appliance or fitting 15
through which, or into which, water flows as part of its normal 16
operation. 17
WELS account means the WELS Account established under 18
section 64 of the Commonwealth Act. 19
WELS business premises means WELS premises that are 20
open to the public on a regular basis. 21
WELS inspector means a person appointed under section 22
45(1). 23
WELS-labelled see section 20(1). 24
WELS premises means premises used for, or in connection 25
with, the supply of 1 or more WELS products. 26
WELS product means a WELS product within the meaning of 27
the Commonwealth Act. 28
WELS scheme means the water efficiency labelling and 29
standards scheme established by this Act and corresponding 30
laws. 31
48
Water Efficiency Labelling and Standards Bill 2005
Schedule 1 (continued)
WELS standard, in relation to a WELS product, means the 1
WELS standard set out for the product in the decision under 2
section 18(1) of the Commonwealth Act. 3
© State of Queensland 2005
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