Water Efficiency Labelling and Standards Act 2013

Water Efficiency Labelling and Standards Act 2013

This Act may be cited as the Water Efficiency Labelling and Standards Act 2013.

This Act commences on the day on which this Act receives the Royal Assent.

The object of this Act is to adopt in this State a uniform national 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 law of this State are administered on a uniform basis by the Commonwealth as if they constituted a single law of the Commonwealth.

In this Act – applied provisions means the Commonwealth water efficiency laws that apply as a law of this State because of section 6 including any modification under section 7;Commonwealth administrative laws means the following Acts and regulations of the Commonwealth:the Administrative Review Tribunal Act 2024 (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; modify includes add to, omit and substitute; offence includes a civil breach that gives rise to a civil penalty.

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.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

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 6(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.

The Acts Interpretation Act 1901 of the Commonwealth 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 1931 of Tasmania 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.