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Water Efficiency Labelling and Standards Act 2005
In force
Administered by
Department of Climate Change, Energy, the Environment and Water
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C2024C00548 (C13)
14 October 2024
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Part 1—Preliminary
1 Short title
2 Commencement
3 Objects of Act
4 Act to bind the Crown
5 External Territories
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Part 2—Interpretation
6 Application of the Criminal Code
7 Definitions
7A Meaning of supply
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Part 3—National WELS scheme
8 WELS scheme to be a national cooperative scheme
9 Application of this Act
10 Relationship between this Act and other Commonwealth laws
11 State and Territory laws may operate concurrently
12 Meaning of corresponding State Territory law
13 Commonwealth consent to conferral of functions etc. on the Regulator or inspectors by corresponding State Territory laws
14 How duty is imposed by corresponding State Territory laws
15 When a corresponding State Territory law imposes a duty
16 No doubling up of liabilities
17 Review of decisions under corresponding State Territory laws
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Part 4—WELS products and WELS standards
18 WELS products
19 WELS standards
20 Meaning of WELS labelled
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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
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Part 6—Registration of WELS products
26 Registration of WELS products
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Part 7—Offences and civil penalties relating to the WELS scheme
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Division 1—Applicable WELS standards
32 Meaning of applicable WELS standard
Division 2—Registration and labelling
32A False or misleading information or documents
33 Supply of unregistered WELS products
34 Supply of WELS products that are not WELS labelled
Division 3—Minimum efficiency and performance requirements
35 Minimum water efficiency
36 Minimum general performance
Division 4—Misuse of WELS standards etc.
37 Misuse of WELS standards and information
37A WELS labelling products that are not WELS products
38 Information inconsistent with WELS standards
39 Using information in the supply of products
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Part 8—Other enforcement
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Division 1—Infringement notices
40 Infringement notices
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Division 2—Publicising offences
41 Regulator may publicise offences
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Division 3—Enforceable undertakings
42 Acceptance of undertakings
43 Enforcement of undertakings
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Division 3A—Compliance audits
43A Compliance audits
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Division 3B—Remedial action
43B Remedial action
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Division 4—Injunctions
44 Injunctions
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Part 8A—Civil penalty orders
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Division 1—Obtaining a civil penalty order
44A Civil penalty orders
44B Civil enforcement of penalty
44C Conduct contravening more than one civil penalty provision
44D Multiple contraventions
44E Proceedings may be heard together
44F Civil evidence and procedure rules for civil penalty orders
44G Contravening a civil penalty provision is not an offence
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Division 2—Civil proceedings and criminal proceedings
44H Civil proceedings after criminal proceedings
44J Criminal proceedings during civil proceedings
44K Criminal proceedings after civil proceedings
44L Evidence given in civil proceedings not admissible in criminal proceedings
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Division 3—Miscellaneous
44M Ancillary contravention of civil penalty provisions
44N Continuing contraventions of civil penalty provisions
44P Mistake of fact
44Q State of mind
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Part 9—WELS inspectors
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Division 1—Appointment of WELS inspectors
45 Regulator may appoint WELS inspectors
46 Identity cards
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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
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Division 3—Applying for warrants to enter WELS premises
58 Ordinary warrants
59 Warrants by telephone, fax etc.
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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
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Division 5—Privilege against self incrimination
63 Privilege against self incrimination not affected
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Part 10—Money
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Division 1—The WELS Account
64 WELS Account
65 Credits to the WELS Account
66 Purpose of the WELS Account
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Division 2—Charging fees etc.
67 Regulator may charge for services
68 Recovery of amounts
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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 Review Tribunal
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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
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history