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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Water Efficiency Labelling and Standards (South
Australia) Bill 2013
A BILL FOR
An Act to apply the Water Efficiency Labelling and Standards Act
2005 of the Commonwealth as a law of this State; to repeal the
Water
Efficiency Labelling and Standards Act 2006; and for other
purposes.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Interpretation
4Object of
Act
Part 2—The applied
provisions
5Application of Commonwealth
water efficiency laws to this State
6Modification of Commonwealth
water efficiency laws
7Interpretation of Commonwealth water efficiency
laws
Part 3—Functions and powers under
applied provisions
8Functions and powers of Commonwealth Regulator
and other authorities and officers
9Delegations by the Commonwealth
Regulator
Part 4—Offences
10Object of
this Part
11Application of Commonwealth
criminal laws to offences against applied provisions
12Functions and powers
conferred on Commonwealth officers and authorities relating to
offences
13No double jeopardy for offences against
applied provisions
Part 5—Administrative
laws
14Application of Commonwealth
administrative laws to applied provisions
15Functions and powers conferred on
Commonwealth officers and authorities
Part 6—Miscellaneous
16Act to bind
Crown
17Things done for multiple purposes
18Reference in
Commonwealth law to a provision of another law
19Fees and other money
20Regulations
Schedule 1—Repeal
1Repeal of
Water Efficiency Labelling and Standards Act 2006
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Water Efficiency Labelling and Standards
(South Australia) Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
(1) 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:
(a) the Administrative Appeals Tribunal Act 1975 (excluding
Part IVA);
(b) the Freedom of Information Act 1982;
(c) the Ombudsman Act 1976;
(d) the Privacy Act 1988;
(e) 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—
(a) the Water Efficiency Labelling and Standards Act 2005 of
the Commonwealth; and
(b) all regulations, guidelines, principles, standards and codes of
practice in force under that Act;
function includes duty;
modifications includes additions, omissions and
substitutions.
(2) 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.
(3) In this Act, a reference to a Commonwealth Act includes a reference
to—
(a) that Commonwealth Act, as amended and in force for the time being;
and
(b) an Act enacted in substitution for that Act and, if it is amended, as
amended and in force for the time being.
(1) The object of this Act is to adopt in this State a uniform Australian
approach to the regulation of water efficiency labelling and
standards.
(2) For that purpose, this Act—
(a) applies the Water Efficiency Labelling and Standards
Act 2005 of the Commonwealth as a law of this State; and
(b) 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.
5—Application
of Commonwealth water efficiency laws to this State
(1) 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.
(2) Those Commonwealth water efficiency laws so apply as if they extended
to matters in relation to which this State may make laws—
(a) whether or not the Commonwealth may make laws in relation to those
matters; and
(b) even though the Commonwealth water efficiency laws provide that they
apply only to specified matters with respect to which the Commonwealth may make
laws.
6—Modification
of Commonwealth water efficiency laws
(1) The regulations
under this Act may also modify the Commonwealth water efficiency laws for the
purposes of this Act.
(2) 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—
(a) made by a law of the Commonwealth; and
(b) specified in the regulations,
had not taken effect.
7—Interpretation
of Commonwealth water efficiency laws
(1) 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).
(2) The Acts
Interpretation Act 1915 of South Australia does not apply to the
applied provisions.
Part 3—Functions
and powers under applied provisions
8—Functions
and powers of Commonwealth Regulator and other authorities and
officers
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.
9—Delegations
by the Commonwealth Regulator
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.
(1) 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.
(2) The purposes for which an offence is to be treated as mentioned in
subsection (1)
include, for example (but are not limited to)—
(a) the investigation
and prosecution of offences; and
(b) the arrest,
custody, bail, trial and conviction of offenders or persons charged with
offences; and
(c) proceedings
relating to a matter referred to in
paragraph (a) or
(b); and
(d) appeals and reviews relating to criminal proceedings and to
proceedings of the kind referred to in
paragraph (c);
and
(e) the sentencing, punishment and release of persons convicted of
offences; and
(f) fines, penalties and forfeitures; and
(g) liability to make reparation in connection with offences;
and
(h) proceeds of crime; and
(i) spent convictions.
11—Application
of Commonwealth criminal laws to offences against applied
provisions
(1) 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.
(2) For the purposes of
a law of this State, an offence against the applied provisions—
(a) 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
(b) is taken not to be an offence against the laws of this
State.
(3)
Subsection (2) has
effect for the purposes of a law of this State except as provided by the
regulations under this Act.
12—Functions
and powers conferred on Commonwealth officers and authorities relating to
offences
(1) 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.
(2) 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.
13—No
double jeopardy for offences against applied provisions
If—
(a) an act or omission is an offence against both the applied provisions
and an offence against the Commonwealth water efficiency laws; and
(b) 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.
14—Application
of Commonwealth administrative laws to applied provisions
(1) The Commonwealth administrative laws apply as laws of this State to
any matter arising in relation to the applied provisions as if those provisions
were a law of the Commonwealth and not a law of this State.
(2) For the purposes of
a law of this State, a matter arising in relation to the applied
provisions—
(a) is taken to be a matter arising in relation to laws of the
Commonwealth in the same way as if those provisions were a law of the
Commonwealth; and
(b) is taken not to be a matter arising in relation to laws of this
State.
(3)
Subsection (2) has
effect for the purposes of a law of this State except as provided by the
regulations under this Act.
(4) Any provision of a Commonwealth administrative law applying because of
this section that purports to confer jurisdiction on a federal court is taken
not to have that effect.
(5) For the purposes of this section, a reference in a provision of the
Administrative Appeals Tribunal Act 1975 of the Commonwealth (as
that provision applies as a law of this jurisdiction) to the whole or any part
of Part IVA of that Act is taken to be a reference to the whole or any part
of that Part as it has effect as a law of the Commonwealth.
15—Functions
and powers conferred on Commonwealth officers and
authorities
(1) A Commonwealth administrative law applying because of
section 14 that
confers on a Commonwealth officer or authority a function or power also confers
on the officer or authority the same function or power in relation to a matter
arising in relation to the applied provisions.
(2) 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 under the Commonwealth administrative law.
This Act binds the Crown in right of South Australia and, in so far as the
legislative power of Parliament permits, the Crown in all its other
capacities.
17—Things
done for multiple purposes
The validity of a licence, certificate or other thing issued, given or done
for the purposes of the applied provisions is not affected only because it was
issued, given or done also for the purposes of the Commonwealth water efficiency
laws.
18—Reference
in Commonwealth law to a provision of another law
For the purposes of
sections 11 and
14, a reference in a
Commonwealth law to a provision of that or another Commonwealth law is taken to
be a reference to that provision as applying because of those
sections.
All fees, penalties, fines and other money that, under this Act and the
applied provisions, are authorised or directed to be payable by or imposed on
any person (but not including an amount ordered to be refunded to another
person) must be paid to the Commonwealth.
The Governor may make such regulations as are contemplated by, or necessary
or expedient for the purposes of, this Act.
1—Repeal
of Water Efficiency Labelling and Standards
Act 2006
The Water
Efficiency Labelling and Standards Act 2006 is repealed.