Water Efficiency Labelling and Standards (South Australia) Act 2013

This Act may be cited as the Water Efficiency Labelling and Standards (South Australia)

Act 2013.

In this Act, unless the contrary intention appears—

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:

the Administrative Review

Tribunal Act 2024 of the Commonwealth (excluding

Part 7);

the Freedom of Information

Act 1982;

the Ombudsman

Act 1976;

the Privacy

Act 1988;

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;

Commonwealth water efficiency laws means—

the Water Efficiency

Labelling and Standards Act 2005 of the Commonwealth;

and

all regulations, guidelines, principles, standards and codes of practice in force under that Act;

function includes duty;

modifications includes additions, omissions and substitutions.

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.

In this Act, a reference to a Commonwealth Act includes a reference to—

that Commonwealth Act, as amended and in force for the time being;

and

an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.

The object of this Act is to adopt in this State a uniform

Australian approach to the regulation of water efficiency labelling and standards.

For that purpose, this Act—

applies the Water Efficiency

Labelling and Standards Act 2005 of the Commonwealth as a law of this State; and

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.

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.

Those Commonwealth water efficiency laws so apply as if they extended to matters in relation to which this State may make laws—

whether or not the Commonwealth may make laws in relation to those matters; and

even though the Commonwealth water efficiency laws provide that they apply only to specified matters with respect to which the Commonwealth may make laws.

The regulations under this Act may also modify the Commonwealth water efficiency laws for the purposes of this Act.

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—

made by a law of the Commonwealth; and

specified in the regulations, had not taken effect.

The Acts Interpretation

Act 1901 of the Commonwealth applies as a law of this

State in relation to the interpretation of the applied provisions (and 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).

The Acts Interpretation

Act 1915 of South Australia does not apply to the applied provisions.

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.

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.

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.

The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but are not limited to)—

the investigation and prosecution of offences; and

the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and

proceedings relating to a matter referred to in paragraph (a) or (b); and

appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); and

the sentencing, punishment and release of persons convicted of offences; and

fines, penalties and forfeitures; and

liability to make reparation in connection with offences; and

proceeds of crime; and

spent convictions.

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.

For the purposes of a law of this State, an offence against the applied provisions—

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

is taken not to be an offence against the laws of this

State.

Subsection (2) has effect for the purposes of a law of this State except as provided by the regulations under this

Act.

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.

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.

If—

an act or omission is an offence against both the applied provisions and an offence against the Commonwealth water efficiency laws;

and

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.