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This is a Bill, not an Act. For current law, see the Acts databases.


WATER EFFICIENCY LABELLING AND STANDARDS BILL 2006

                   Western Australia


Water Efficiency Labelling and Standards
                Bill 2006

                      CONTENTS


      Part 1 -- Preliminary
1.    Short title                                          2
2.    Commencement                                         2
3.    Objects of Act                                       2
4.    Act to bind the Crown                                2
5.    External Territories                                 2
5A.   Numbering                                            3
5B.   Notes                                                3
      Part 2 -- Interpretation
6.    Application of the Criminal Code                     4
7.    Definitions                                          4
      Part 3 -- National WELS scheme
8.    WELS scheme to be a national cooperative scheme      7
9.    Application of this Act                              7
10.   Relationship to other State laws                     7
11.   State and Territory laws may operate concurrently    7
12.   Meaning of "corresponding law"                       7
13.   Commonwealth consent to conferral of functions
      etc. on the Regulator or inspectors by
      corresponding laws                                   7
14.   How duty is imposed by corresponding laws            8
15.   When a corresponding State-Territory law imposes
      a duty                                               8
16.   No doubling up of liabilities                        8
17.   Review of decisions under this Act                   8



                        128--2                             page i
Water Efficiency Labelling and Standards Bill 2006



Contents



              Part 4 -- WELS products and WELS
                   standards
      18.     WELS products                                         9
      19.     WELS standards                                        9
      20.     Meaning of WELS labelled                              9
              Part 5 -- The WELS Regulator
      21.     The Regulator                                        10
      22.     Functions of the Regulator                           10
      23.     Powers of the Regulator                              11
      24.     Arrangements with other agencies                     11
      25.     Delegation                                           11
              Part 6 -- Registration of WELS
                   products
      26.     Applying for registration                            12
      27.     Documentation etc. to be provided with application
              for registration                                     12
      28.     Registration of products                             13
      29.     Grounds for refusing to register                     13
      30.     Period of registration                               14
      31.     Cancelling or suspending registration                14
              Part 7 -- Offences relating to the
                   supply of WELS products
              Division 1 -- Applicable WELS standards
      32.     Meaning of applicable WELS standard                  16
              Division 2 -- Registration and labelling
      33.     Registration requirement                             16
      34.     Labelling registered products                        16
              Division 3 -- Minimum efficiency and
                    performance requirements
      35.     Minimum water efficiency -- products required to
              be registered                                        17
      36.     Minimum general performance -- products
              required to be registered                            17
              Division 4 -- Misuse of WELS standards etc.
      37.     Misuse of WELS standards and information             18


page ii
                Water Efficiency Labelling and Standards Bill 2006



                                                         Contents



38.    Information inconsistent with WELS standards         18
39.    Using information in the supply of products          18
       Division 5 -- False or misleading information or
              document
39A.   False or misleading information or document          19
       Part 8 -- Other enforcement
       Division 1 -- Infringement notices
40.    Infringement notices                                 20
40A.   Content of notice                                    20
40B.   Extension of time                                    21
40C.   Withdrawal of notice                                 21
40D.   Benefit of paying modified penalty                   21
40E.   Application of penalties collected                   21
40F.   Production of identity card                          22
       Division 2 -- Publicising offences
41.    Regulator may publicise offences                     22
       Division 3 -- Enforceable undertakings
42.    Acceptance of undertakings                           22
43.    Enforcement of undertakings                          23
       Division 4 -- Injunctions
44.    Injunctions                                          23
       Part 9 -- WELS inspectors
       Division 1 -- Appointment of WELS inspectors
45.    Regulator may appoint WELS inspectors                25
46.    Identity cards                                       25
46A.   Offences in relation to WELS inspectors              26
       Division 2 -- Powers of WELS inspectors
47.    Purposes for which powers can be used                26
48.    Inspection powers -- public areas of WELS
       business premises                                    27
49.    Inspection powers -- with consent                     27
50.    Refusing consent is not an offence                   28
51.    Inspection powers -- with warrant                     28
52.    Announcement before entry under warrant              29
53.    Copy of warrant to be given to occupier              29



                                                           page iii
Water Efficiency Labelling and Standards Bill 2006



Contents



      54.     Occupier must provide inspector with facilities and
              assistance                                            30
      55.     Seizing or securing evidential material               30
      56.     Holding evidential material for more than 90 days     30
      57.     Returning evidential material                         31
              Division 3 -- Applying for warrants to enter
                     WELS premises
      58.     Ordinary warrants                                     31
      59.     Warrants by telephone, fax or other electronic
              means                                                 32
              Division 4 -- Giving WELS information to
                     WELS inspectors
      60.     Meaning of person who has WELS information            34
      61.     Regulator may require a person to provide
              information                                           34
      62.     Regulator may require a person to appear before a
              WELS inspector                                        35
      62A.    False or misleading information or documents          36
              Division 5 -- Privilege against self incrimination
      63.     Privilege against self incrimination not affected     37
              Part 10 -- Money
              Division 1 -- The WELS Account
      64.     WELS Account                                          38
      65.     Credits to the WELS Account                           38
      66.     Purpose of the WELS Account                           38
              Division 2 -- Charging fees and recovering fees
                    and other amounts
      67.     Regulator may charge for services                     39
      68.     Recovery of amounts                                   39
              Part 11 -- Review of decisions
      69.     Meaning of reviewable decision and affected
              person                                                40
      70.     Notification of decisions and review rights           40
      71.     Internal review                                       40
      72.     Review of decisions by AAT                            41




page iv
               Water Efficiency Labelling and Standards Bill 2006



                                                        Contents



      Part 12 -- Miscellaneous
73.   Compensation for damage to electronic equipment      42
74.   Compensation for acquisition of property             43
75.   Annual report                                        43
76.   Review of operation of WELS scheme                   43
77.   Regulations                                          43




                                                          page v
                           Western Australia


                     LEGISLATIVE ASSEMBLY

               (As amended in Committee of the Whole)


    Water Efficiency Labelling and Standards
                   Bill 2006


                               A Bill for


An Act to provide for water efficiency labelling and for the making
of water efficiency standards, and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                               page 1
     Water Efficiency Labelling and Standards Bill 2006
     Part 1          Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This is the Water Efficiency Labelling and Standards Act 2006.

     2.         Commencement
 5        (1)   This Act comes into operation on a day fixed by proclamation.
          (2)   Different days can be fixed under subsection (1) for different
                provisions.

     3.         Objects of Act
                The objects of this Act are as follows --
10               (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
15                     use and water saving technologies.

     4.         Act to bind the Crown
          (1)   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.
20        (2)   Nothing in this Act renders the Crown liable to be prosecuted
                for an offence.

     5.         External Territories
                Note:   The Commonwealth Act includes a provision extending that Act to
                        every external Territory other than Norfolk Island.




     page 2
                            Water Efficiency Labelling and Standards Bill 2006
                                                    Preliminary         Part 1

                                                                                    s. 5A



     5A.   Numbering
           In order to maintain consistent numbering between this Act and
           the Water Efficiency Labelling and Standards Act 2004 of the
           Commonwealth --
 5           (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
10           (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.
           Note 1: A note appears under each heading of a kind referred to in
15                 paragraph (a) describing the omitted section of the
                   Commonwealth Act.

           Note 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.

20         Note 3: Some sections contained in the Commonwealth Act and included in
                   this Act have been modified for consistency with State law and
                   practice.
           Note 4: This section does not appear in the Commonwealth Act.

     5B.   Notes
25         Notes in this Act are provided to assist understanding and do not
           form part of the Act.
           Note:   This section does not appear in the Commonwealth Act.




                                                                                page 3
     Water Efficiency Labelling and Standards Bill 2006
     Part 2          Interpretation

     s. 6



                              Part 2 -- Interpretation
     6.         Application of the Criminal Code
                Note:   The Commonwealth Act section 6 applies Chapter 2 of the Criminal
                        Code of the Commonwealth to offences against that Act.

 5   7.         Definitions
          (1)   In this Act --
                "AAT" means the Administrative Appeals Tribunal established
                     by the AAT Act;
                "AAT Act" means the Administrative Appeals Tribunal
10                   Act 1975 of the Commonwealth;
                "affected person" has the meaning given to that term in
                     section 69(2) and (3);
                "agency" --
                    (a) in relation to the Commonwealth, includes the
15                       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
20                              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
25                                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 to that
                    term in section 32;
30              "Commonwealth Act" means the Water Efficiency Labelling
                    and Standards Act 2004 of the Commonwealth;

     page 4
                   Water Efficiency Labelling and Standards Bill 2006
                                        Interpretation         Part 2

                                                                 s. 7



     "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;
 5   "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;
10   "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;
15   "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 --
20       (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
25       (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 account" means the Special Account established by
30       the Commonwealth Act section 64(1);
     "WELS business premises" means WELS premises that are
         open to the public on a regular basis;


                                                              page 5
     Water Efficiency Labelling and Standards Bill 2006
     Part 2          Interpretation

     s. 7



              "WELS inspector" means a person appointed under
                 section 45(1);
              "WELS labelled" has the meaning given to that term in
                 section 20(1);
 5            "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
10               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).
15      (2)   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 --
                (a) as amended and in force for the time being; and
                (b) as re-enacted (and, if subsequently amended, as
20                    amended) and in force for the time being.
        (3)   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 --
                                        A×B
25            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.
30            Note:   This section differs from the Commonwealth Act section 7.




     page 6
                             Water Efficiency Labelling and Standards Bill 2006
                                         National WELS scheme            Part 3

                                                                                        s. 8



                   Part 3 -- National WELS scheme
     8.    WELS 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
 5         and Territories to provide for national water efficiency labelling
           and standards.

     9.    Application of this Act
           Note:    The Commonwealth Act includes a provision about the application of
                    that Act.

10   10.   Relationship 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 written law.

     11.   State and Territory laws may operate concurrently
           Note:    The Commonwealth Act includes a provision allowing State laws to
15                  operate concurrently with that Act.

     12.   Meaning of "corresponding law"
           For the purposes of this Act --
           "corresponding law" means --
                (a) the Commonwealth Act; or
20              (b) a corresponding State-Territory law within the
                     meaning of the Commonwealth Act, other than
                     this Act.

     13.   Commonwealth consent to conferral of functions etc. on the
           Regulator or inspectors by corresponding laws
25         Note:    The Commonwealth Act section 13 provides Commonwealth consent
                    to the conferral of functions or powers, or the imposition of duties, on
                    the Regulator or WELS inspectors by corresponding State-Territory
                    laws.




                                                                                    page 7
     Water Efficiency Labelling and Standards Bill 2006
     Part 3          National WELS scheme

     s. 14



     14.      How duty is imposed by corresponding laws
              Note:   The Commonwealth Act section 14 deals with the imposing of duties
                      on the Regulator or WELS inspectors by corresponding
                      State-Territory laws.

 5   15.      When a corresponding State-Territory law imposes a duty
              Note:   The Commonwealth Act section 15 provides a definition of the
                      phrase "imposes a duty" for the purposes of sections 13 and 14 of
                      that Act.

     16.      No doubling up of liabilities
10            Note:   The Commonwealth Act section 16 avoids the doubling up of
                      liabilities under this Act and the Commonwealth Act. In this State the
                      Sentencing Act 1995 section 11(2) operates so that a person who
                      has been sentenced for an offence under the Commonwealth Act
                      cannot be sentenced for the corresponding offence under this Act.

15   17.      Review of decisions under this Act
              Note:   The Commonwealth Act section 17 provides for the review of
                      State-Territory decisions by the AAT. The review of decisions under
                      this Act is dealt with in section 72.




     page 8
                                 Water Efficiency Labelling and Standards Bill 2006
                                 WELS products and WELS standards            Part 4

                                                                                        s. 18



            Part 4 -- WELS products and WELS standards
     18.         WELS products
                 Note:   The Commonwealth Act section 18 enables the Commonwealth
                         Minister to determine that water-use or water-saving products are
 5                       WELS products and set out the WELS standard for the products.

     19.         WELS standards
                 Note:   The Commonwealth Act section 19 states what must be set out in
                         WELS standards and enables WELS standards to require products
                         to be registered, and registered products to be WELS-labelled, for
10                       the purposes of specified supplies of the product.

     20.         Meaning of WELS labelled
           (1)   A product is WELS labelled if it is labelled in accordance with
                 requirements set out in the WELS standard for products of that
                 kind.
15         (2)   Such requirements may relate to one or more of the
                 following --
                   (a) the characteristics, contents, placement and quality of
                        labels attached to products or displayed on product
                        packaging;
20                 (b) documents or other material used for, or provided in
                        connection with, the supply of the product;
                   (c) advertising the product.




                                                                                      page 9
     Water Efficiency Labelling and Standards Bill 2006
     Part 5          The WELS Regulator

     s. 21



                        Part 5 -- The WELS Regulator
     21.       The Regulator
               Note:    The Commonwealth Act section 21 appoints the Secretary of the
                        Department of State of the Commonwealth that deals with the
 5                      matters to which the Commonwealth Act relates as the Regulator.

     22.       Functions of the Regulator
               The Regulator has the following functions --
                (a) to administer the WELS scheme;
                (b) to undertake or commission research in relation to water
10                   use and water saving products;
                (c) to provide advice in relation to determining that water
                     use or water saving products are WELS products;
                 (d)    to undertake or commission research in relation to
                        WELS standards;
15               (e)    to assist in the development of WELS standards;
                 (f)    to provide information and advice to the Minister about
                        the operation of WELS standards;
                 (g)    to provide information and advice to --
                           (i) the Minister;
20                        (ii) the agency principally assisting the Minister in
                                the administration of this Act; and
                         (iii) the public,
                        about the operation of the WELS scheme;
                 (h)    to undertake or commission research in relation to the
25                      effectiveness of WELS standards in relation to reducing
                        water usage;
                  (i)   such other functions as are conferred on the Regulator
                        by this Act, the regulations or any other law.




     page 10
                                  Water Efficiency Labelling and Standards Bill 2006
                                                The WELS Regulator            Part 5

                                                                                         s. 23



     23.         Powers of the Regulator
                 Subject to this Act, the Regulator has power to do all things
                 necessary or convenient to be done for or in connection with the
                 performance of the Regulator's functions.

 5   24.         Arrangements with other agencies
                 The Regulator may make an arrangement with an agency of the
                 State for the services of officers or employees of the agency to
                 be made available to assist the Regulator in the performance of
                 the functions or duties, or the exercise of the powers, of the
10               Regulator.

     25.         Delegation
           (1)   The Regulator may, by writing, delegate one or more of the
                 Regulator's powers or functions under this Act to one or more
                 of the following --
15                 (a) an officer or employee of an agency of the State;
                   (b) an officer or employee of an agency of the
                         Commonwealth;
                   (c) an officer or employee of an agency of another State or a
                         Territory.
20         (2)   However, the Regulator must not delegate a power or function,
                 under subsection (1), to an officer or employee of an agency of
                 the State without the agreement of the State.
                 Note:   The Commonwealth Act section 25(3) states that a delegate of the
                         Regulator "is, in the exercise of the delegate's delegated powers and
25                       functions, subject to the Regulator's directions". In this State the
                         Interpretation Act 1984 section 59(1)(b) states that a delegation
                         under a written law "may be made subject to such conditions,
                         qualifications, limitations or exceptions as the person so delegating
                         may specify".




                                                                                     page 11
     Water Efficiency Labelling and Standards Bill 2006
     Part 6          Registration of WELS products

     s. 26



                 Part 6 -- Registration of WELS products
     26.         Applying for registration
           (1)   The manufacturer of a WELS product may apply in writing to
                 the Regulator for registration of the product.
 5               Note 1: A WELS standard may require products to be registered for the
                         purposes of specified supplies: see the Commonwealth Act
                         section 19(2). It is an offence to supply an unregistered product if the
                         product is required to be registered for the purposes of the supply:
                         see section 33.

10                        However, if a WELS standard permits a product to be registered for
                          the purposes of specified supplies and such a product is registered
                          despite not being required to, WELS labelling requirements may
                          apply: see the Commonwealth Act section 19(4). It is an offence to
                          supply a product that is not WELS labelled if WELS labelling
15                        requirements apply: see section 34.

                 Note 2: Section 39A provides offences in relation to false or misleading
                         statements.

           (2)   A person who is not the manufacturer of a WELS product is
                 taken to be the manufacturer of the product for the purposes of
20               subsection (1) and section 31(3)(b) if that person would be
                 taken to be the manufacturer of the product for the purposes of
                 the Commonwealth Act sections 26(1) and 31(3)(b).
                 Note:    This section differs from the Commonwealth Act section 26.

     27.         Documentation etc. to be provided with application for
25               registration
           (1)   An application for registration of a WELS product must be
                 made in the manner and form determined in writing by the
                 Commonwealth Minister under the Commonwealth Act
                 section 27(1), and must be accompanied by --
30                 (a) any documentation (including test results and sample
                         labels) specified in the determination; and
                   (b) any registration fee specified in the determination.




     page 12
                                  Water Efficiency Labelling and Standards Bill 2006
                                       Registration of WELS products          Part 6

                                                                                        s. 28



           (2)   A determination referred to in subsection (1) may also specify
                 conditions that must be complied with in order for a product to
                 remain registered.
                 Note:   This section differs from the Commonwealth Act section 27.

 5   28.         Registration of products
           (1)   If --
                   (a)   an application is made for registration of a WELS
                         product; and
                   (b)   the Regulator does not refuse to register the product
10                       under section 29,
                 the Regulator must, by notice published in the Commonwealth
                 of Australia Gazette, register the product.
           (2)   The Regulator must give the applicant written notice of the
                 registration or refusal.
15         (3)   If, at the end of the period of 3 months that begins on the day on
                 which the application is made --
                    (a) a notice registering the product has not been published
                          in the Commonwealth of Australia Gazette; and
                   (b) the applicant has not been notified, under subsection (2),
20                        that the Regulator has refused to register the product,
                 the Regulator is taken to have refused to register the product.

     29.         Grounds for refusing to register
                 The Regulator may refuse to register a WELS product if --
                  (a) the application is not made in accordance with the
25                     applicable determination under the Commonwealth Act
                       section 27(1);
                  (b) the Regulator is not satisfied that all of the information
                       provided in the application is accurate; or
                  (c) the product does not satisfy a minimum water efficiency
30                     or minimum general performance requirement that the

                                                                                      page 13
     Water Efficiency Labelling and Standards Bill 2006
     Part 6          Registration of WELS products

     s. 30



                         product is required to satisfy by the WELS standard for
                         products of that kind.

     30.         Period of registration
           (1)   Unless subsection (2) applies, a WELS product that is registered
 5               remains registered until the first of the following happens --
                   (a)   the registration is cancelled or suspended under
                         section 31;
                  (b)    the period of 5 years that begins on the day on which the
                         product is registered ends.
10         (2)   If --
                   (a)   a WELS product is registered under a WELS standard
                         ("the first WELS standard"); and
                  (b)    the first WELS standard is replaced,
                 the product remains registered under the first WELS standard
15               until the first of the following happens --
                   (c) the product is registered under a WELS standard other
                          than the first WELS standard;
                   (d) the period of one year that begins on the day on which
                          the first WELS standard was replaced ends.
20         (3)   If the Commonwealth Minister, by writing, determines that, for
                 specified purposes, the period of one year mentioned in the
                 Commonwealth Act section 30(2)(d) is extended by a further
                 specified period, the period of one year mentioned in
                 subsection (2)(d) of this section is extended for the same
25               purposes by the same further period.

     31.         Cancelling or suspending registration
           (1)   The Regulator may, by notice published in the Commonwealth
                 of Australia Gazette, cancel or suspend the registration of a
                 WELS product if --
30                 (a) registration conditions are not complied with (see
                         section 27(2)); or

     page 14
                         Water Efficiency Labelling and Standards Bill 2006
                              Registration of WELS products          Part 6

                                                                       s. 31



            (b)   the Regulator is satisfied that information provided in
                  the application for registration of the product --
                     (i) was not accurate at the time of the application; or
                    (ii) is no longer accurate because changes have been
 5                       made to the product.
     (2)   If the Regulator cancels or suspends the registration of a WELS
           product under subsection (1), the Regulator must give written
           notice of the cancellation or suspension to the person on whose
           application the product was registered.
10   (3)   The Regulator must, by notice published in the Commonwealth
           of Australia Gazette, cancel the registration of a WELS product
           if --
              (a) the WELS standard included in the most recent
                   determination made under the Commonwealth Act
15                 section 18(1) that relates to products of that kind does
                   not require the product to be registered; and
              (b) the manufacturer on whose application the product was
                   registered makes a written request to the Regulator for
                   the registration to be cancelled.




                                                                    page 15
     Water Efficiency Labelling and Standards Bill 2006
     Part 7          Offences relating to the supply of WELS products
     Division 1      Applicable WELS standards
     s. 32



                 Part 7 -- Offences relating to the supply of
                           WELS products
                    Division 1 -- Applicable WELS standards
     32.         Meaning of applicable WELS standard
 5         (1)   The applicable WELS standard for a WELS product that is
                 registered is the WELS standard under which the product is
                 registered.
           (2)   The applicable WELS standard for a WELS product that is not
                 registered is the WELS standard included in the most recent
10               determination made under the Commonwealth Act section 18(1)
                 that relates to products of that kind.
                     Division 2 -- Registration and labelling
     33.         Registration requirement
                 A person commits an offence if --
15                 (a) the person supplies a WELS product;
                  (b) the applicable WELS standard requires the product to be
                        registered for the purposes of the supply; and
                   (c) the product is not registered.
                 Penalty: a fine of 60 penalty units.

20   34.         Labelling registered products
                 A person commits an offence if --
                  (a) the person supplies a WELS product;
                  (b) the product is registered;
                  (c) the applicable WELS standard requires registered
25                      products to be WELS labelled for the purposes of the
                        supply; and
                  (d) the product is not WELS labelled.
                 Penalty: a fine of 60 penalty units.


     page 16
                           Water Efficiency Labelling and Standards Bill 2006
               Offences relating to the supply of WELS products        Part 7
              Minimum efficiency and performance requirements     Division 3
                                                                         s. 35



           Division 3 -- Minimum efficiency and performance
                            requirements
     35.    Minimum water efficiency -- products required to be
            registered
 5          A person commits an offence if --
              (a) the person supplies a WELS product;
             (b) the applicable WELS standard requires the product --
                      (i) to be registered for the purposes of the supply;
                            and
10                   (ii) to comply with minimum water efficiency
                            requirements for the purposes of the supply;
                   and
              (c) the product does not comply with those minimum water
                   efficiency requirements.
15          Penalty: a fine of 60 penalty units.

     36.    Minimum general performance -- products required to be
            registered
            A person commits an offence if --
              (a) the person supplies a WELS product;
20           (b) the applicable WELS standard requires the product --
                      (i) to be registered for the purposes of the supply;
                            and
                     (ii) to comply with minimum general performance
                            requirements for the purposes of the supply;
25                 and
              (c) the product does not comply with those minimum
                   general performance requirements.
            Penalty: a fine of 60 penalty units.




                                                                      page 17
     Water Efficiency Labelling and Standards Bill 2006
     Part 7          Offences relating to the supply of WELS products
     Division 4      Misuse of WELS standards etc.
     s. 37



                  Division 4 -- Misuse of WELS standards etc.
     37.         Misuse of WELS standards and information
                 A person commits an offence if the person --
                  (a) supplies a WELS product;
 5                (b) uses a WELS standard, or information included in a
                        WELS standard, for, or in relation to, the supply of the
                        product; and
                  (c) uses the standard, or information, in a manner that is
                        inconsistent with the standard.
10               Penalty: a fine of 60 penalty units.

     38.         Information inconsistent with WELS standards
                 A person commits an offence if --
                  (a) the person uses information for, or in relation to, the
                        supply of a WELS product; and
15                (b) the information is inconsistent with the information
                        contained in the applicable WELS standard for the
                        product.
                 Penalty: a fine of 60 penalty units.

     39.         Using information in the supply of products
20         (1)   For the purposes of sections 37 and 38, information is used for,
                 or in relation to, the supply of a product if the information is
                 conveyed on, or by --
                   (a) a label attached to the product;
                   (b) the packaging in which the product is supplied;
25                 (c) any document or other material used for, or provided in
                          connection with, the supply of the product; or
                   (d) any advertising that relates to the product.
           (2)   Subsection (1) does not limit the general meaning of words used
                 in sections 37 and 38.


     page 18
                            Water Efficiency Labelling and Standards Bill 2006
                Offences relating to the supply of WELS products        Part 7
                    False or misleading information or document    Division 5
                                                                       s. 39A



       Division 5 -- False or misleading information or document
     39A.   False or misleading information or document
            A person must not --
             (a) in connection with an application made to the Regulator
 5                 under this Act; or
             (b) in compliance or purported compliance with this Act
                   (other than Part 9 Division 4),
            do either of the following --
              (c) give information (whether orally or in writing) that the
10                  person knows to be false or misleading in a material
                    particular;
             (d) produce a document that the person knows to be false or
                    misleading in a material particular without --
                       (i) indicating to the person to whom the document is
15                          produced that it is false or misleading, and the
                            respect in which it is false or misleading; and
                      (ii) providing correct information to that person, if
                            the person producing the document is in
                            possession of, or can reasonably acquire, the
20                          correct information.
            Penalty: a fine of 60 penalty units or imprisonment for one year.
            Note:   This section does not appear in the Commonwealth Act but
                    provisions to the same effect (except as to penalty) are included in
                    Part 7.4 of the Criminal Code of the Commonwealth.




                                                                                 page 19
     Water Efficiency Labelling and Standards Bill 2006
     Part 8          Other enforcement
     Division 1      Infringement notices
     s. 40



                          Part 8 -- Other enforcement
                          Division 1 -- Infringement notices
     40.         Infringement notices
           (1)   A WELS inspector who has reason to believe that a person has
 5               committed a prescribed offence under Part 7 Division 2, 3 or 4
                 may, not more than 12 months after the alleged offence is
                 believed to have been committed, give an infringement notice to
                 the alleged offender.
           (2)   An offence cannot be prescribed under this section if it is
10               punishable by imprisonment.
                 Note:   This section differs from the Commonwealth Act section 40.

     40A.        Content of notice
           (1)   An infringement notice is to be in the prescribed form and is
                 to --
15                 (a) contain a description of the alleged offence;
                   (b) advise that if the alleged offender does not wish to have
                         a complaint of the alleged offence heard and determined
                         by a court, the amount of money specified in the notice
                         as being the modified penalty for the offence may be
20                       paid to the Regulator within a period of 28 days after the
                         giving of the notice; and
                   (c) inform the alleged offender as to how and where the
                         modified penalty may be paid.
           (2)   In an infringement notice the amount specified as being the
25               modified penalty for the offence referred to in the notice is to be
                 the amount that was the prescribed modified penalty at the time
                 the alleged offence is believed to have been committed.
           (3)   The modified penalty that may be prescribed for an offence is
                 not to exceed 20% of the maximum penalty that could be
30               imposed for that offence by a court.
                 Note:   This section does not appear in the Commonwealth Act.


     page 20
                             Water Efficiency Labelling and Standards Bill 2006
                                              Other enforcement          Part 8
                                            Infringement notices    Division 1
                                                                        s. 40B



     40B.    Extension of time
             The Regulator may, in a particular case, extend the period of
             28 days within which the modified penalty may be paid and the
             extension may be allowed whether or not the period of 28 days
 5           has elapsed.
             Note:   This section does not appear in the Commonwealth Act.

     40C.    Withdrawal of notice
       (1)   The Regulator may, whether or not the modified penalty has
             been paid, withdraw an infringement notice by sending to the
10           alleged offender a notice in the prescribed form stating that the
             infringement notice has been withdrawn.
       (2)   If an infringement notice is withdrawn after the modified
             penalty has been paid, the amount is to be refunded.
             Note:   This section does not appear in the Commonwealth Act.

15   40D.    Benefit of paying modified penalty
       (1)   Subsection (2) applies if the modified penalty specified in an
             infringement notice has been paid within 28 days or such further
             time as is allowed and the notice has not been withdrawn.
       (2)   If this subsection applies it prevents the bringing of proceedings
20           and the imposition of penalties to the same extent that they
             would be prevented if the alleged offender had been convicted
             by a court of, and punished for, the alleged offence.
       (3)   Payment of a modified penalty is not to be regarded as an
             admission for the purposes of any proceedings, whether civil or
25           criminal.
             Note:   This section does not appear in the Commonwealth Act.

     40E.    Application of penalties collected
             An amount paid as a modified penalty is, subject to
             section 40C(2), to be dealt with as if it were a penalty imposed
30           by a court as a penalty for an offence.
             Note:   This section does not appear in the Commonwealth Act.


                                                                             page 21
     Water Efficiency Labelling and Standards Bill 2006
     Part 8          Other enforcement
     Division 2      Publicising offences
     s. 40F



     40F.        Production of identity card
                 A WELS inspector is to produce the identity card issued to the
                 inspector under section 46 whenever required to do so by a
                 person to whom an infringement notice has been or is about to
 5               be given.
                 Note:    This section does not appear in the Commonwealth Act.

                           Division 2 -- Publicising offences
     41.         Regulator may publicise offences
           (1)   The Regulator may publicise, in any way the Regulator thinks
10               appropriate, an offence against this Act for which a person has
                 been convicted.
           (2)   This Division does not --
                   (a)     limit the Regulator's powers to publicise an offence
                           against this Act;
15                 (b)     prevent anyone else from publicising an offence against
                           this Act; or
                   (c)     affect any obligation (however imposed) on anyone to
                           publicise an offence against this Act.

                         Division 3 -- Enforceable undertakings
20   42.         Acceptance of undertakings
           (1)   The Regulator may accept a written undertaking given by a
                 person in connection with a matter relating to --
                   (a) complying with a WELS standard; or
                   (b) complying with a registration condition (see
25                       section 27(2)).
           (2)   The person may withdraw or vary the undertaking at any time,
                 but only with the consent of the Regulator.




     page 22
                                 Water Efficiency Labelling and Standards Bill 2006
                                                  Other enforcement          Part 8
                                                          Injunctions   Division 4
                                                                               s. 43



     43.         Enforcement of undertakings
           (1)   If the Regulator considers that a person who gave an
                 undertaking under section 42 has breached any of its terms, the
                 Regulator may apply to the Supreme Court for an order under
 5               subsection (2).
           (2)   If the Supreme Court is satisfied that the person has breached a
                 term of the undertaking, the Court may make one or more of the
                 following orders --
                   (a) an order directing the person to comply with that term of
10                       the undertaking;
                   (b) an order directing the person to pay to the State an
                         amount up to the amount of any financial benefit that the
                         person has obtained directly or indirectly and that is
                         reasonably attributable to the breach;
15                 (c) any order that the Court considers appropriate directing
                         the person to compensate any other person who has
                         suffered loss or damage as a result of the breach;
                   (d) any other order that the Court considers appropriate.
                 Note:   The Commonwealth Act section 43 confers a similar power to
20                       enforce undertakings on the Federal Court of Australia.

                                Division 4 -- Injunctions
     44.         Injunctions
           (1)   If a person has engaged, is engaging or is proposing to engage
                 in conduct that constituted, constitutes or would constitute, an
25               offence against this Act, the Supreme Court may, on the
                 application of the Regulator, grant an injunction --
                   (a) restraining the person from engaging in the conduct; or
                   (b) requiring the person to do an act or thing.
           (2)   On an application, the Court may, if it thinks it appropriate,
30               grant an injunction by consent of all parties to the proceedings,
                 whether or not the Court is satisfied that the person has


                                                                                 page 23
     Water Efficiency Labelling and Standards Bill 2006
     Part 8          Other enforcement
     Division 4      Injunctions
     s. 44



               engaged, is engaging or is proposing to engage in any conduct
               that constituted, constitutes or would constitute, an offence
               against this Act.
        (3)    The Court may, if it thinks it desirable, grant an interim
 5             injunction pending its determination of an application.
        (4)    The Court is not to require the Regulator or anyone else, as a
               condition of granting an interim injunction, to give an
               undertaking as to damages.
        (5)    The Court may discharge or vary an injunction it has granted.
10      (6)    The power to grant or vary an injunction restraining a person
               from engaging in conduct may be exercised --
                 (a) whether or not it appears to the Court that the person
                      intends to engage again, or to continue to engage, in
                      such conduct; and
15               (b) whether or not the person has previously engaged in
                      such conduct.
        (7)    The power to grant or vary an injunction requiring a person to
               do an act or thing may be exercised --
                 (a) whether or not it appears to the Court that the person
20                    intends to refuse or fail again, or to continue to refuse or
                      fail, to do that act or thing; and
                (b) whether or not the person has previously refused or
                      failed to do that act or thing and whether or not there is
                      an imminent danger of substantial damage to any person
25                    if the person refuses or fails to do that act or thing.
               Note:   The Commonwealth Act section 44 confers a similar power to grant
                       injunctions on the Federal Court of Australia.




     page 24
                                  Water Efficiency Labelling and Standards Bill 2006
                                                    WELS inspectors           Part 9
                                     Appointment of WELS inspectors      Division 1
                                                                                s. 45



                           Part 9 -- WELS inspectors
                 Division 1 -- Appointment of WELS inspectors
     45.         Regulator may appoint WELS inspectors
           (1)   The Regulator may, by writing, appoint any of the following as
 5               a WELS inspector --
                   (a)   an officer or employee of an agency of the State;
                   (b)   an officer or employee of an agency of the
                         Commonwealth.
           (2)   However, the Regulator must not appoint an officer or
10               employee of an agency of the State as a WELS inspector
                 without the agreement of the State.
           (3)   In exercising powers or performing functions a WELS inspector
                 must comply with any direction of the Regulator.
                 Note:   This section differs from the Commonwealth Act section 45.

15   46.         Identity cards
           (1)   The Regulator must issue an identity card to each WELS
                 inspector.
           (2)   The identity card must --
                  (a) be in the form prescribed by the regulations made under
20                      the Commonwealth Act; and
                  (b) contain a recent photograph of the WELS inspector.
           (3)   A person commits an offence if --
                  (a) the person has been issued with an identity card;
                  (b) the person ceases to be a WELS inspector; and
25                (c) the person does not return the identity card to the
                        Regulator as soon as practicable.
                 Penalty: a fine of one penalty unit.



                                                                                      page 25
     Water Efficiency Labelling and Standards Bill 2006
     Part 9          WELS inspectors
     Division 2      Powers of WELS inspectors
     s. 46A



           (4)   A WELS inspector must carry his or her identity card at all
                 times when exercising powers or performing functions as a
                 WELS inspector.
           (5)   A WELS inspector is not entitled to exercise any powers under
 5               this Part in relation to premises if --
                   (a) the occupier of the premises has required the WELS
                         inspector to produce his or her identity card for
                         inspection by the occupier; and
                   (b) the WELS inspector fails to comply with the
10                       requirement.
                 Note:   This section differs from the Commonwealth Act section 46.

     46A.        Offences in relation to WELS inspectors
           (1)   A person must not hinder or obstruct a WELS inspector who is
                 exercising a power under this Act.
15               Penalty: a fine of 60 penalty units.
           (2)   A person who is not a WELS inspector must not, in any way,
                 hold himself or herself out to be a WELS inspector.
                 Penalty: a fine of 60 penalty units.
                 Note:   This section does not appear in the Commonwealth Act but
20                       provisions to the same effect (except as to penalty) are included in
                         Part 7.8 of the Criminal Code of the Commonwealth.

                     Division 2 -- Powers of WELS inspectors
     47.         Purposes for which powers can be used
                 A WELS inspector may exercise the powers set out in this
25               Division for the following purposes --
                  (a) determining whether a person is complying with
                        this Act;
                  (b) investigating a possible offence against this Act.




     page 26
                                Water Efficiency Labelling and Standards Bill 2006
                                                  WELS inspectors           Part 9
                                        Powers of WELS inspectors      Division 2
                                                                              s. 48



     48.         Inspection powers -- public areas of WELS business
                 premises
           (1)   For the purposes set out in section 47, a WELS inspector may
                 do one or more of the following in a public area of WELS
 5               business premises when the premises are open to the public --
                  (a)   inspect WELS products;
                  (b)   purchase any WELS product that is available for sale;
                  (c)   inspect or collect written information, advertising or any
                        other document that is available, or made available, to
10                      the public;
                  (d)   discuss product features with any person;
                  (e)   observe practices relating to the supply of products.
           (2)   Subsection (1) does not affect any right of the occupier of the
                 premises to refuse to allow a WELS inspector to enter, or
15               remain on, the premises.

     49.         Inspection powers -- with consent
           (1)   A WELS inspector may enter WELS premises and exercise the
                 powers set out in subsection (3) if the occupier of the premises
                 consents to the entry and the exercise of those powers.
20         (2)   Before obtaining consent, the WELS inspector must inform the
                 occupier that the occupier may refuse consent, or withdraw
                 consent, at any time.
           (3)   For the purposes set out in section 47, a WELS inspector who
                 enters WELS premises in accordance with subsection (1) may
25               do one or more of the following --
                   (a) search the premises and any thing (including a vehicle)
                         on the premises;
                   (b) inspect, examine, take measurements of or conduct tests
                         on any thing on the premises;




                                                                           page 27
     Water Efficiency Labelling and Standards Bill 2006
     Part 9          WELS inspectors
     Division 2      Powers of WELS inspectors
     s. 50



                  (c)    take photographs, make video or audio recordings or
                         make sketches of the premises or any thing on the
                         premises;
                  (d)    inspect any book, record or document on the premises;
 5                (e)    take extracts from or make copies of any such book,
                         record or document;
                   (f)   take onto the premises such equipment and materials as
                         the WELS inspector requires for the purposes of
                         exercising powers in relation to the premises;
10                (g)    operate equipment on the premises for the purposes of
                         gaining access to a document or record relating to one or
                         more WELS products.

     50.         Refusing consent is not an offence
                 The occupier of WELS premises does not commit an offence
15               if --
                    (a) the occupier refuses to allow a WELS inspector to enter,
                        or remain on, the premises; and
                    (b) the WELS inspector does not have a warrant to enter the
                        premises.

20   51.         Inspection powers -- with warrant
           (1)   A WELS inspector may enter WELS premises and exercise the
                 powers set out in subsection (2) if the WELS inspector has a
                 warrant for the entry.
           (2)   For the purposes set out in section 47, a WELS inspector who
25               enters WELS premises under warrant may do one or more of the
                 following --
                   (a) exercise one or more of the powers set out in
                         section 49(3);
                   (b) require any person on the premises to --
30                         (i) answer any questions put by the WELS
                                inspector; and


     page 28
                                 Water Efficiency Labelling and Standards Bill 2006
                                                   WELS inspectors           Part 9
                                         Powers of WELS inspectors      Division 2
                                                                               s. 52



                          (ii)  produce any book, record or document requested
                                by the WELS inspector;
                  (c)   seize or secure any evidential material on the premises.
           (3)   A person commits an offence if --
 5                (a) the person is required to answer a question or produce a
                        book, record or document under subsection (2)(b); and
                  (b) the person does not answer the question or produce the
                        book, record or document.
                 Penalty: a fine of 60 penalty units.

10   52.         Announcement before entry under warrant
           (1)   A WELS inspector must, before entering WELS premises under
                 a warrant --
                   (a) announce that he or she is authorised to enter the
                        premises; and
15                 (b) give any person on the premises an opportunity to allow
                        entry to the premises.
           (2)   A WELS inspector is not required to comply with subsection (1)
                 if the WELS inspector believes on reasonable grounds that
                 immediate entry to the premises is required to ensure that the
20               effective execution of the warrant is not frustrated.

     53.         Copy of warrant to be given to occupier
           (1)   If a warrant in relation to WELS premises is being executed and
                 the occupier of the premises is present at the premises, the
                 WELS inspector must --
25                 (a) give a copy of the warrant to the occupier; and
                   (b) identify himself or herself to the occupier.
           (2)   The copy of the warrant does not need to include the signature
                 of the magistrate who issued the warrant.




                                                                            page 29
     Water Efficiency Labelling and Standards Bill 2006
     Part 9          WELS inspectors
     Division 2      Powers of WELS inspectors
     s. 54



     54.         Occupier must provide inspector with facilities and
                 assistance
                 A person commits an offence if --
                  (a) the person is the occupier of WELS premises;
 5                (b) a WELS inspector enters the premises under a warrant;
                        and
                  (c) the person does not provide the WELS inspector with all
                        reasonable facilities and assistance for the effective
                        execution of the warrant.
10               Penalty: a fine of 30 penalty units.

     55.         Seizing or securing evidential material
           (1)   If a WELS inspector seizes or secures evidential material on
                 WELS premises, the WELS inspector must give the occupier of
                 the premises a receipt for the material.
15         (2)   The Regulator may make copies of the material.
           (3)   The Regulator may examine or test the material, even though
                 that might result in damage or destruction of the material or a
                 reduction in its value.
           (4)   The Regulator must return or release the material when the first
20               of the following occurs --
                   (a) the material is no longer needed for the purposes for
                         which it was seized or secured;
                   (b) the period of 90 days that begins on the day on which
                         the material was seized or secured ends.

25   56.         Holding evidential material for more than 90 days
           (1)   Despite section 55(4)(b), the Regulator may --
                  (a) apply to the Magistrates Court for an order allowing
                        possession or control of evidential material for such
                        further period as is specified in the order; and



     page 30
                                 Water Efficiency Labelling and Standards Bill 2006
                                                     WELS inspectors         Part 9
                        Applying for warrants to enter WELS premises    Division 3
                                                                               s. 57



                  (b)    if the Magistrates Court makes such an order -- so
                         retain possession or control of the material.
           (2)   In determining the application, the Magistrates Court must
                 allow the owner of the material to appear and be heard.
 5         (3)   The Magistrates Court must not make an order allowing
                 possession or control of the material for a further period unless
                 it is satisfied that the order is necessary for the purposes of
                 prosecuting an offence against this Act.

     57.         Returning evidential material
10               If the Regulator cannot, despite making reasonable efforts,
                 locate the owner of evidential material, the Regulator may
                 dispose of the material in such manner as the Regulator thinks
                 appropriate.

      Division 3 -- Applying for warrants to enter WELS premises
15   58.         Ordinary warrants
           (1)   A WELS inspector may apply to a magistrate for the issue of a
                 search warrant in relation to particular WELS premises.
           (2)   The magistrate may issue the warrant if the magistrate is
                 satisfied, by evidence on oath or by affidavit, that it is necessary
20               to enter the WELS premises for one or more of the following
                 purposes --
                   (a) determining whether a person is complying with
                          this Act;
                   (b) investigating a possible offence against this Act.
25         (3)   However, the magistrate must not issue the warrant unless the
                 WELS inspector or some other person has given to the
                 magistrate, either orally or by affidavit, such further information
                 (if any) as the magistrate requires concerning the grounds on
                 which the issue of the warrant is being sought.



                                                                             page 31
     Water Efficiency Labelling and Standards Bill 2006
     Part 9          WELS inspectors
     Division 3      Applying for warrants to enter WELS premises
     s. 59



           (4)   The warrant must --
                  (a) authorise the WELS inspector to enter the premises
                       using such assistance and such force to enter the
                       premises as is necessary and reasonable;
 5                (b) state whether the entry is authorised to be made at any
                       time of the day or night or during specified hours of the
                       day or night;
                  (c) specify the day (not more than one week after the issue
                       of the warrant) on which the warrant ceases to have
10                     effect; and
                  (d) state the purpose for which the warrant is issued.

     59.         Warrants by telephone, fax or other electronic means
           (1)   If, in an urgent case, a WELS inspector considers it necessary to
                 do so, the WELS inspector may apply to a magistrate by
15               telephone, fax or other electronic means for a warrant under
                 section 58.
           (2)   The magistrate may --
                  (a)   require communication by voice to the extent that it is
                        practicable in the circumstances; and
20                (b)   make a recording of the whole or any part of any such
                        communication by voice.
           (3)   Before applying for the warrant, the WELS inspector must
                 prepare an affidavit of the kind mentioned in section 58(2) that
                 sets out the grounds on which the warrant is sought.
25         (4)   If it is necessary to do so, the WELS inspector may apply for
                 the warrant before the affidavit is sworn or affirmed.
           (5)   If the magistrate is satisfied --
                   (a) after having considered the terms of the affidavit; and




     page 32
                           Water Efficiency Labelling and Standards Bill 2006
                                               WELS inspectors         Part 9
                  Applying for warrants to enter WELS premises    Division 3
                                                                         s. 59



            (b)    after having received such further information (if any) as
                   the magistrate requires concerning the grounds on which
                   the issue of the warrant is being sought,
           that there are reasonable grounds for issuing the warrant, the
 5         magistrate may complete and sign the same warrant that the
           magistrate would issue under section 58 if the application had
           been made under that section.
     (6)   If the magistrate completes and signs the warrant --
             (a) the magistrate must --
10                    (i) tell the WELS inspector what the terms of the
                           warrant are;
                     (ii) tell the WELS inspector the day on which and
                           the time at which the warrant was signed;
                    (iii) tell the WELS inspector the day (not more than
15                         one week after the magistrate completes and
                           signs the warrant) on which the warrant ceases to
                           have effect; and
                    (iv) record on the warrant the reasons for issuing the
                           warrant;
20                 and
             (b) the WELS inspector must --
                      (i) complete a form of warrant in the same terms as
                           the warrant completed and signed by the
                           magistrate; and
25                   (ii) write on the form the name of the magistrate and
                           the day on which and the time at which the
                           warrant was signed.
     (7)   The WELS inspector must also, not later than the day after the
           day of expiry or execution of the warrant, whichever is the
30         earlier, send to the magistrate --
             (a) the form of warrant completed by the WELS inspector;
                    and


                                                                      page 33
     Water Efficiency Labelling and Standards Bill 2006
     Part 9          WELS inspectors
     Division 4      Giving WELS information to WELS inspectors
     s. 60



                  (b)    the affidavit referred to in subsection (3), which must
                         have been duly sworn or affirmed.
           (8)   When the magistrate receives those documents, the magistrate
                 must --
 5                (a) attach them to the warrant that the magistrate completed
                       and signed; and
                  (b) deal with them in the way in which the magistrate would
                       have dealt with them if the application had been made
                       under section 58.
10         (9)   A form of warrant duly completed under subsection (6) is
                 authority for the same powers as are authorised by the warrant
                 signed by the magistrate.
      (10)       If --
                   (a)   it is material, in any proceedings, for a court to be
15                       satisfied that an exercise of a power was authorised by
                         this section; and
                  (b)    the warrant signed by the magistrate authorising the
                         exercise of the power is not produced in evidence,
                 the court must assume, unless the contrary is proved, that the
20               exercise of the power was not authorised by such a warrant.

      Division 4 -- Giving WELS information to WELS inspectors
     60.         Meaning of person who has WELS information
                 A person is a person who has WELS information if the
                 Regulator believes, on reasonable grounds, that the person is
25               capable of giving information, or producing books, records or
                 documents, relevant for the purposes of investigating or
                 preventing an offence against this Act.

     61.         Regulator may require a person to provide information
           (1)   The Regulator may, by written notice, require a person who has
30               WELS information to give to the WELS inspector specified in

     page 34
                                Water Efficiency Labelling and Standards Bill 2006
                                                   WELS inspectors          Part 9
                        Giving WELS information to WELS inspectors     Division 4
                                                                              s. 62



                 the notice, and in the manner and within the period specified in
                 the notice --
                   (a) such information as is specified in the notice; or
                   (b) any book, record or document that is specified in the
 5                       notice.
       (1a)      The period specified in a notice under subsection (1) must end
                 not less than 14 days after the notice is given.
           (2)   A notice under subsection (1) must set out the effect of
                 section 62A.
10         (3)   A person commits an offence if --
                  (a)   the person is required to give information or a book,
                        record or document to a WELS inspector under
                        subsection (1); and
                  (b) the person does not give the WELS inspector the
15                      information, book, record or document.
                 Penalty: a fine of 60 penalty units.

     62.         Regulator may require a person to appear before a WELS
                 inspector
           (1)   The Regulator may, by written notice, require a person who has
20               WELS information to appear before the WELS inspector
                 specified in the notice, at a time and place specified in the
                 notice --
                   (a) to answer any questions put by the WELS inspector; and
                   (b) to produce to the WELS inspector such books, records
25                       or documents as are referred to in the notice.
       (1a)      The time specified in a notice under subsection (1) must not be
                 earlier than 14 days after the notice is given.
           (2)   A notice under subsection (1) must set out the effect of
                 section 62A.



                                                                            page 35
     Water Efficiency Labelling and Standards Bill 2006
     Part 9          WELS inspectors
     Division 4      Giving WELS information to WELS inspectors
     s. 62A



        (3)    A person commits an offence if --
                 (a) the person is required to appear before a WELS
                      inspector under subsection (1); and
                (b) the person does not appear before the WELS inspector.
 5             Penalty: a fine of 60 penalty units.
        (4)    A person commits an offence if --
                (a) the person is required under subsection (1) to appear
                      before a WELS inspector; and
                (b) when appearing before the WELS inspector, the person
10                    does not --
                         (i)   answer a question put by the WELS inspector; or
                        (ii)   produce a book, record or document to the
                               WELS inspector as required by notice given
                               under that subsection.
15             Penalty: a fine of 60 penalty units.

     62A.      False or misleading information or documents
        (1)    A person commits an offence if --
                 (a) the person gives information to a WELS inspector under
                      section 61(1) or 62(1); and
20              (b) the person does so knowing that the information --
                         (i) is false or misleading in a material particular; or
                        (ii) omits any matter or thing without which the
                               information is misleading in a material
                               particular.
25             Penalty: a fine of 60 penalty units.
        (2)    A person commits an offence if --
                (a) the person produces a book, record or document to a
                      WELS inspector under section 61(1) or 62(1); and




     page 36
                                  Water Efficiency Labelling and Standards Bill 2006
                                                     WELS inspectors          Part 9
                                    Privilege against self incrimination Division 5
                                                                                s. 63



                   (b)  the person does so knowing that the document is false or
                        misleading in a material particular.
                 Penalty: a fine of 60 penalty units.
           (3)   Subsection (2) does not apply to a person who produces a book,
 5               record or document if the book, record or document is
                 accompanied by a written statement signed by the person or, in
                 the case of a body corporate, by a competent officer of the body
                 corporate --
                   (a) stating that the book, record or document is, to the
10                       knowledge of the first mentioned person, false or
                         misleading in a material particular; and
                   (b) setting out, or referring to, the material particular in
                         which the book, record or document is, to the
                         knowledge of the first mentioned person, false or
15                       misleading.
                 Note:   This section does not appear in the Commonwealth Act but
                         provisions to the same effect (except as to penalty) are included in
                         Part 7.4 of the Criminal Code of the Commonwealth.

                 Division 5 -- Privilege against self incrimination
20   63.         Privilege against self incrimination not affected
                 Nothing in this Part affects the right of a person to refuse to
                 answer a question, give information, or produce a document, on
                 the ground that the answer to the question, the information, or
                 the production of the document, might tend to incriminate the
25               person or make the person liable to a penalty, and the person
                 does not commit an offence under section 46A(1) by so
                 refusing.
                 Note:   This section differs from the Commonwealth Act section 63.




                                                                                      page 37
     Water Efficiency Labelling and Standards Bill 2006
     Part 10         Money
     Division 1      The WELS Account
     s. 64



                                   Part 10 -- Money
                          Division 1 -- The WELS Account
     64.         WELS Account
                 Note: The Commonwealth Act section 64 establishes the WELS Account.

 5   65.         Credits to the WELS Account
           (1)   Money received by the State --
                  (a) in respect of fines or modified penalties for offences
                       against this Act;
                   (b)   in respect of undertakings given under section 42; or
10                 (c)   under Division 2,
                 must be paid into the Consolidated Fund.
           (2)   The Treasurer must pay amounts equal to money paid into the
                 Consolidated Fund under subsection (1) to the Commonwealth
                 for crediting to the WELS Account.
15         (3)   The Consolidated Fund is appropriated to the necessary extent
                 to enable amounts to be paid to the Commonwealth in
                 accordance with subsection (2).
                 Note:   This section differs from the Commonwealth Act section 65.

     66.         Purpose of the WELS Account
20               The purpose of the WELS Account is to make payments --
                  (a) to further the objects of this Act (as set out in section 3)
                        and those of any corresponding law; and
                  (b) otherwise in connection with the performance of the
                        Regulator's functions under this Act or a corresponding
25                      law.




     page 38
                            Water Efficiency Labelling and Standards Bill 2006
                                                         Money        Part 10
            Charging fees and recovering fees and other amounts    Division 2
                                                                          s. 67



           Division 2 -- Charging fees and recovering fees and
                            other amounts
     67.    Regulator may charge for services
            The Regulator may charge fees for services provided by, or on
 5          behalf of, the Regulator in the performance of the Regulator's
            functions under this Act.

     68.    Recovery of amounts
            The following amounts may be recovered in a court of
            competent jurisdiction as debts due to the State --
10            (a) fees payable to the State under this Act or a
                    corresponding law;
              (b) amounts payable to the State in connection with the
                    performance of the Regulator's functions under this Act.




                                                                       page 39
     Water Efficiency Labelling and Standards Bill 2006
     Part 11         Review of decisions

     s. 69



                        Part 11 -- Review of decisions
     69.         Meaning of reviewable decision and affected person
           (1)   Each of the following decisions is a reviewable decision --
                  (a) a decision by the Regulator to refuse to register a WELS
 5                      product under section 29;
                  (b) a decision by the Regulator to cancel or suspend the
                        registration of a WELS product under section 31.
           (2)   A person whose application to register a WELS product is
                 refused under section 29 is the affected person in relation to the
10               decision to refuse to register the WELS product.
           (3)   The person on whose application a WELS product was
                 registered is the affected person in relation to a decision to
                 cancel or suspend that registration under section 31.

     70.         Notification of decisions and review rights
15         (1)   The Regulator must, as soon as practicable after making a
                 reviewable decision, cause a notice in writing to be given to the
                 affected person in relation to the decision, containing --
                   (a) the terms of the decision;
                   (b) the reasons for the decision; and
20                 (c) a statement setting out particulars of the person's review
                         rights.
           (2)   A failure to comply with the requirements of subsection (1) in
                 relation to a decision does not affect the validity of the decision.

     71.         Internal review
25         (1)   The affected person in relation to a reviewable decision (other
                 than a decision made by the Regulator personally) may apply in
                 writing to the Regulator for review (the internal review) of the
                 decision.



     page 40
                                Water Efficiency Labelling and Standards Bill 2006
                                               Review of decisions        Part 11

                                                                               s. 72



           (2)   An application for internal review must be made within 30 days
                 after the day on which the decision first came to the notice of
                 the applicant, or within such further period (if any) as the
                 Regulator, either before or after the end of that period, allows.
 5         (3)   The Regulator must, on receiving an application, review the
                 reviewable decision personally.
           (4)   The Regulator may --
                  (a) make a decision affirming, varying or revoking the
                       reviewable decision; and
10                (b) if the Regulator revokes the decision, make such other
                       decision as the Regulator thinks appropriate.

     72.         Review of decisions by AAT
           (1)   Application may be made to the AAT for review of --
                  (a) a reviewable decision made by the Regulator personally;
15                      or
                  (b) an internal review decision made by the Regulator under
                        section 71,
                 if the decision is declared by the regulations made under the
                 Commonwealth Act to be a reviewable State-Territory decision
20               for the purposes of the Commonwealth Act section 17.
           (2)   The AAT Act (excluding Part IVA) and the regulations in force
                 for the time being under that Act apply as laws of the State in
                 relation to reviewable decisions as if this Act were a law of the
                 Commonwealth and not a law of this State.
25         (3)   For the purposes of this section, a reference in a provision of the
                 AAT Act (as that provision applies as a law of the State) 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.
30         (4)   An application under subsection (1) may be made only by the
                 affected person concerned.
           (5)   Subsection (4) has effect despite the AAT Act section 27(1).

                                                                            page 41
     Water Efficiency Labelling and Standards Bill 2006
     Part 12         Miscellaneous

     s. 73



                            Part 12 -- Miscellaneous
     73.         Compensation for damage to electronic equipment
           (1)   This section applies if --
                  (a) as a result of electronic equipment being operated as
 5                       mentioned in section 49 --
                            (i) damage is caused to the equipment;
                           (ii) the data recorded on the equipment is damaged;
                                or
                          (iii) programs associated with the use of the
10                              equipment, or with the use of the data, are
                                damaged or corrupted;
                         and
                  (b) the damage or corruption occurs because --
                            (i) insufficient care was exercised in selecting the
15                              person who was to operate the equipment; or
                          (ii)   insufficient care was exercised by the person
                                 operating the equipment.
           (2)   The Regulator must pay the owner of the equipment, or the user
                 of the data or programs, such reasonable compensation for the
20               damage or corruption as the owner or user agree on.
           (3)   However, if the owner or user and the Regulator fail to agree,
                 the owner or user may institute proceedings in the Supreme
                 Court for such reasonable amount of compensation as the Court
                 determines.
25         (4)   In determining the amount of compensation payable, regard is
                 to be had to whether the occupier of the premises, or the
                 occupier's employees and agents, if they were available at the
                 time, provided any appropriate warning or guidance on the
                 operation of the equipment.




     page 42
                                  Water Efficiency Labelling and Standards Bill 2006
                                                      Miscellaneous         Part 12

                                                                                         s. 74



     74.         Compensation for acquisition of property
                 Note:   The Commonwealth Act section 74 provides for payment of
                         compensation by the Commonwealth for acquisition of property.

     75.         Annual report
 5               The Minister must cause a copy of each annual report of the
                 Regulator on the operation of the WELS scheme given to the
                 State under the Commonwealth Act section 75 to be laid before
                 each House of the Parliament within 15 sitting days of that
                 House after the Minister receives the report.
10               Note:   The Commonwealth Act section 75 provides for the preparation by
                         the Regulator of an annual report on the operation of the WELS
                         scheme. The Commonwealth Minister is required to give a copy to
                         the State.

     76.         Review of operation of WELS scheme
15               The Minister must cause a copy of the report of the independent
                 review of the WELS scheme given to the State under the
                 Commonwealth Act section 76 to be laid before each House of
                 the Parliament within 15 sitting days of that House after the
                 Minister receives the report.
20               Note:   The Commonwealth Act section 76 provides for an independent
                         review of the operation of the WELS scheme to be undertaken as
                         soon as possible after the fifth anniversary of the commencement of
                         that section. The Commonwealth Minister is required to give a copy
                         to the State.

25   77.         Regulations
           (1)   The Governor may make regulations prescribing matters --
                  (a) required or permitted by this Act to be prescribed; or
                  (b) necessary or convenient to be prescribed for carrying out
                       or giving effect to this Act.
30         (2)   Without limiting subsection (1), the regulations may --
                  (a) prescribe fees in respect of matters under this Act; and



                                                                                    page 43
Water Efficiency Labelling and Standards Bill 2006
Part 12         Miscellaneous

s. 77



          (b)   prescribe penalties of not more than 50 penalty units for
                offences against the regulations.




 


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