Victorian Consolidated Legislation

WATER EFFICIENCY LABELLING AND STANDARDS ACT 2005

No. 5 of 2005
Version incorporating amendments as at 1 February 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Objects of Act
   4.      Act to bind the Crown
   5.      External Territories
   5A.     Numbering

   PART 2-INTERPRETATION

   6.      Application of the Criminal Code
   7.      Definitions
   7A.     Increased maximum fine for body corporate

   PART 3-NATIONAL WELS SCHEME

   8.      WELS scheme to be a national cooperative scheme
   9.      Application of this Act
   10.     Relationship to other State laws
   11.     State and Territory laws may operate concurrently
   12.     Meaning of corresponding law
   13.     Commonwealth consent to conferral of functions etc. on the Regulator or inspectors by corresponding laws
   14.     How duty is imposed by corresponding laws
   15.     When a corresponding State-Territory law imposes a duty
   16.     No doubling-up of liabilities
   17.     Review of decisions under this Act

   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.     Applying for registration
   27.     Documentation etc. to be provided with application for registration
   28.     Registration of products
   29.     Grounds for refusing to register
   30.     Period of registration
   31.     Cancelling or suspending registration

   PART 7-OFFENCES RELATING TO THE SUPPLY OF WELS PRODUCTS

           Division 1-Applicable WELS standards

   32.     Meaning of applicable WELS standard

           Division 2-Registration and labelling

   33.     Registration requirement
   34.     Labelling registered products

           Division 3-Minimum efficiency and performance requirements

   35.     Minimum water efficiency-products required to be
           registered
   36.     Minimum general performance-products required to be registered

           Division 4-Misuse of WELS standards etc.

   37.     Misuse of WELS standards and information
   38.     Information inconsistent with WELS standards
   39.     Using information in the supply of products

           Division 5-Extensions of criminal responsibility

   39A.    Attempts
   39B.    False or misleading information or document

   PART 8-OTHER ENFORCEMENT

           Division 1-Infringement notices

   40.     Power to serve a notice
   40A.    Form of notice
           40B-40F Repealed
   40G.    Enforcement of infringement penalty

           Division 2-Publicising offences

   41.     Regulator may publicise offences

           Division 3-Enforceable undertakings

   42.     Acceptance of undertakings
   43.     Enforcement of undertakings

           Division 4-Injunctions

   44.     Injunctions

   PART 9-WELS INSPECTORS

           Division 1-Appointment of WELS inspectors

   45.     Regulator may appoint WELS inspectors
   46.     Identity cards
   46A.    Offences in relation to WELS inspectors

           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

   58.     Ordinary warrants
   59.     Warrants by telephone, fax etc.

           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
   62A.    False or misleading information or documents

           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.

   67.     Regulator may charge for services
   68.     Recovery of amounts

   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
           ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details