1Purpose

The purpose of this Act is to provide for water efficiency labelling and for the making of water efficiency standards.

Note

This section differs from section 1 of the Commonwealth Act.

2Commencement

(1)

This section and section 1 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)

The remaining provisions of this Act come into operation on a day or days to be proclaimed.

Note

This section differs from section 2 of the Commonwealth Act.

3Objects of Act

The objects of this Act are as follows—

(a)

to conserve water supplies by reducing water consumption;

(b)

to provide information for purchasers of water‑use and water‑saving products;

(c)

to promote the adoption of efficient and effective water‑use and water‑saving technologies.

4Act to bind the Crown

(1)

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

(2)

Nothing in this Act renders the Crown liable to be prosecuted for an offence.

Note

This section differs from section 4 of the Commonwealth Act.

5External Territories

Note

The Commonwealth Act includes a provision extending that Act to every external Territory other than Norfolk Island.

5ANumbering

(1)

In order to maintain consistent numbering between this Act and the Water Efficiency Labelling and Standards Act 2004 of the Commonwealth—

(a)

if the Commonwealth Act contains a section that is not required in this Act, the provision number and heading to the section appearing in the Commonwealth Act are included in this Act despite the omission of the body of the section; and

(b)

if this Act contains a section that is not included in the Commonwealth Act, the section is numbered so as to maintain consistency in numbering between sections common to both Acts.

(2)

A provision number and heading referred to in subsection (1)(a) form part of this Act.

Notes

6Application of the Criminal Code

Note

The Commonwealth Act includes a provision applying Chapter 2 of the Criminal Code of the Commonwealth to offences against that Act.

7Definitions

(1)

In this Act—

S. 7(1) def. of Administrative Appeals Tribunal repealed by No. 41/2025 s. 3(Sch. 1 item 34.1(a)).

* * * * *

S. 7(1) def. of Administrative Review Tribunal inserted by No. 41/2025 s. 3(Sch. 1 item 34.1(b)).

Administrative Review Tribunal means the Administrative Review Tribunal established by the Administrative Review Tribunal Act 2024 of the Commonwealth;

affected person has the meaning given by sections 69(2) and 69(3);

agency—

(a)

in relation to the Commonwealth, includes the following—

(i)

an Agency within the meaning of the Financial Management and Accountability Act 1997 of the Commonwealth;

(ii)

a body corporate established for a public purpose under a law of the Commonwealth; and

(b)

in relation to this or another State or a Territory, includes the following—

(i)

a Department of State (however described) of the State or Territory;

(ii)

a body corporate established for a public purpose under a law of the State or Territory;

applicable WELS standard has the meaning given by section 32;

S. 7(1) def. of Common-wealth Act amended by No. 43/2012 s. 3(Sch. item 57).

Commonwealth Act means the Water Efficiency Labelling and Standards Act 2005 of the Commonwealth;

Commonwealth Minister has the same meaning as in the Commonwealth Act;

corresponding law has the meaning given by section 12;

damage, in relation to data, includes damage by erasure of data or addition of other data;

evidential material means any thing that may be relevant to the investigation or prosecution of an offence against this Act;

occupier, in relation to premises, includes a person who apparently represents the occupier of the premises;

offence against this Act includes an offence against the regulations;

penalty unit has the same meaning as in the Commonwealth Act;

Note

Penalty unit is defined for the purposes of laws of the Commonwealth in section 4AA of the Crimes Act 1914 of the Commonwealth.

person who has WELS information has the meaning given by section 60;

registered means registered under a WELS standard;

Regulator means the Regulator established by section 21 of the Commonwealth Act;

reviewable decision has the meaning given by section 69(1);

supply means—

(a)

supply for consideration; or

(b)

offer to supply for consideration;

water‑saving product means a device, appliance or fitting that—

(a)

is not a water‑use product; and

(b)

is designed to operate in place of a water‑use product;

water‑use product means a device, appliance or fitting through which, or into which, water flows as part of its normal operation;

WELS business premises means WELS premises that are open to the public on a regular basis;

WELS inspector means a person appointed under section 45(1);

WELS‑labelled has the meaning given by section 20(1);

WELS premises means premises used for, or in connection with, the supply of one or more WELS products;

WELS product means a WELS product within the meaning of the Commonwealth Act;

WELS scheme means the water efficiency labelling and standards scheme established by this Act and corresponding laws;

WELS standard, in relation to a WELS product, means the WELS standard set out for the product in the determination under section 18(1) of the Commonwealth Act.

(2)

A reference in this Act to the Commonwealth Act or a corresponding State-Territory law within the meaning of the Commonwealth Act is a reference to that Act or law—

(a)

as amended and in force for the time being; and

(b)

as re-enacted (and, if subsequently amended, as amended) and in force for the time being.

Note

This section differs from section 7 of the Commonwealth Act.

7AIncreased maximum fine for body corporate

(1)

If a body corporate is found guilty of an offence against this Act or the regulations and the court has power to fine the body corporate, it may, unless the contrary intention appears, impose on the body corporate a fine not greater than 5 times the amount of the maximum fine that could be imposed by the court on a natural person found guilty of the same offence committed at the same time.

(2)

This section has effect despite the prescription of a maximum fine for the offence applicable to all offenders.

Note

This section does not appear in the Commonwealth Act but a provision to the same effect is included in section 4B of the Crimes Act 1914 of the Commonwealth.

8WELS scheme to be a national cooperative scheme

It is the intention of the Parliament that this Act form a part of a cooperative scheme between the Commonwealth and the States and Territories to provide for national water efficiency labelling and standards.

9Application of this Act

Note

The Commonwealth Act includes a provision about the application of that Act.

10Relationship to other State laws

The provisions of this Act are in addition to, and do not limit or derogate from, the provisions of any other law of the State.

Note

This section differs from section 10 of the Commonwealth Act.

Water Efficiency Labelling and Standards Act 2005

About this Act

Bill & explanatory material

This Act’s bill