1Short title
This is the Water Efficiency Labelling and Standards Act 2006 1.
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Bill homepageThis is the Water Efficiency Labelling and Standards Act 2006 1.
This Act comes into operation on a day fixed by proclamation.
Different days can be fixed under subsection (1) for different provisions.
The objects of this Act are as follows —
to conserve water supplies by reducing water consumption;
to provide information for purchasers of water use and water saving products;
to promote the adoption of efficient and effective water use and water saving technologies.
This Act binds the Crown in right of the State and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
Nothing in this Act renders the Crown liable to be prosecuted for an offence.
Note for this section:
The Commonwealth Act includes a provision extending that Act to every external Territory other than Norfolk Island.
In order to maintain consistent numbering between this Act and the Water Efficiency Labelling and Standards Act 2004 of the Commonwealth —
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
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.
Notes for this section:
1. A note appears under each heading of a kind referred to in paragraph (a) describing the omitted section of the Commonwealth Act.
2. A note appears under each section of a kind referred to in paragraph (b) highlighting the non‑appearance of an equivalent section in the Commonwealth Act.
3. Some sections contained in the Commonwealth Act and included in this Act have been modified for consistency with State law and practice.
4. This section does not appear in the Commonwealth Act.
Notes in this Act are provided to assist understanding and do not form part of the Act.
Note for this section:
This section does not appear in the Commonwealth Act.
Note for this section:
The Commonwealth Act section 6 applies Chapter 2 of the Criminal Code of the Commonwealth to offences against that Act.
In this Act —
AAT means the Administrative Appeals Tribunal established by the AAT Act;
AAT Act means the Administrative Appeals Tribunal Act 1975 of the Commonwealth;
affected person has the meaning given to that term in section 69(2) and (3);
agency —
in relation to the Commonwealth, includes the following —
an Agency within the meaning of the Financial Management and Accountability Act 1997 of the Commonwealth;
a body corporate established for a public purpose under a law of the Commonwealth;
and
in relation to this or another State or a Territory, includes the following —
a Department of State (however described) of the State or Territory;
a body corporate established for a public purpose under a law of the State or Territory;
applicable WELS standard has the meaning given to that term in section 32;
Commonwealth Act means the Water Efficiency Labelling and Standards Act 2004 of the Commonwealth;
Commonwealth Minister has the meaning given to that term in the Commonwealth Act;
corresponding law has the meaning given to that term in 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;
person who has WELS information has the meaning given to that term in section 60;
registered means registered under a WELS standard;
Regulator means the Regulator established by the Commonwealth Act section 21;
reviewable decision has the meaning given to that term in section 69(1);
supply means —
supply for consideration; or
offer to supply for consideration;
water saving product means a device, appliance or fitting that —
is not a water use product; and
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 account means the Special Account established by the Commonwealth Act section 64(1);
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 to that term in section 20(1);
WELS premises means premises used for, or in connection with, the supply of one or more WELS products;
WELS product has the meaning given to that term in the Commonwealth Act section 18(1);
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 the Commonwealth Act section 18(1).
A reference in this Act to the Commonwealth Act or to a corresponding State‑Territory law within the meaning of the Commonwealth Act is a reference to that Act or law —
as amended and in force for the time being; and
as re‑enacted (and, if subsequently amended, as amended) and in force for the time being.
In this Act a fine expressed as a number of penalty units is a fine of the amount calculated in accordance with the following formula —
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where —
A is that number of penalty units; and
B is the amount (in dollars) that is for the time being a penalty unit under section 4AA of the Crimes Act 1914 of the Commonwealth.
Note for this section:
This section differs from the Commonwealth Act section 7.
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.
Note for this section:
The Commonwealth Act includes a provision about the application of that Act.
The provisions of this Act are in addition to, and do not limit or derogate from, the provisions of any other written law.
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