Water Efficiency Labelling and Standards Act 2006 (WA)

Western Australia Water Efficiency Labelling and Standards Act 2006 Western Australia Water Efficiency Labelling and Standards Act 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 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 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 22 40F. Production of identity card 22 Division 2 — Publicising offences 41. Regulator may publicise offences 22 Division 3 — Enforceable undertakings 42. Acceptance of undertakings 23 43. Enforcement of undertakings 23 Division 4 — Injunctions 44. Injunctions 24 Part 9 — WELS inspectors Division 1 — Appointment of WELS inspectors 45. Regulator may appoint WELS inspectors 26 46. Identity cards 26 46A. Offences in relation to WELS inspectors 27 Division 2 — Powers of WELS inspectors 47. Purposes for which powers can be used 27 48. Inspection powers — public areas of WELS business premises 28 49. Inspection powers — with consent 28 50. Refusing consent is not an offence 29 51. Inspection powers — with warrant 29 52. Announcement before entry under warrant 30 53. Copy of warrant to be given to occupier 30 54. Occupier must provide inspector with facilities and assistance 31 55. Seizing or securing evidential material 31 56. Holding evidential material for more than 90 days 31 57. Returning evidential material 32 Division 3 — Applying for warrants to enter WELS premises 58. Ordinary warrants 32 59. Warrants by telephone, fax or other electronic means 33 Division 4 — Giving WELS information to WELS inspectors 60. Meaning of person who has WELS information 35 61. Regulator may require a person to provide information 35 62. Regulator may require a person to appear before a WELS inspector 36 62A. False or misleading information or documents 37 Division 5 — Privilege against self incrimination 63. Privilege against self incrimination not affected 38 Part 10 — Money Division 1 — The WELS Account 64. WELS Account 39 65. Credits to the WELS Account 39 66. Purpose of the WELS Account 39 Division 2 — Charging fees and recovering fees and other amounts 67. Regulator may charge for services 40 68. Recovery of amounts 40 Part 11 — Review of decisions 69. Meaning of reviewable decision and affected person 41 70. Notification of decisions and review rights 41 71. Internal review 41 72. Review of decisions by AAT 42 Part 12 — Miscellaneous 73. Compensation for damage to electronic equipment 43 74. Compensation for acquisition of property 44 75. Annual report 44 76. Review of operation of WELS scheme 44 77. Regulations 44 Notes Compilation table 46 Defined terms Western Australia Water Efficiency Labelling and Standards Act 2006 An Act to provide for water efficiency labelling and for the making of water efficiency standards, and for related purposes.