Title: Water Efficiency Labelling and StandardsAct 2006
Author: Office of Parliamentary Counsel
Category: historical
Document comments: 17.6.2013 to 11.9.2013

Historical version: 17.6.2013 to 11.9.2013—Act repealed

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 1—Preliminary

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
Preliminary—Part 1

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 2—Interpretation

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
Interpretation—Part 2

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 3—National WELS scheme

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
National WELS scheme—Part 3

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 4—WELS products and WELS standards

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
WELS products and WELS standards—Part 4

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 5—WELS Regulator

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
WELS Regulator—Part 5

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 6—Registration of WELS products

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
Registration of WELS products—Part 6

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 7—Offences relating to supply of WELS products
Division 1—Applicable WELS standards

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
Offences relating to supply of WELS products—Part 7
Applicable WELS standards—Division 1

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 7—Offences relating to supply of WELS products
Division 2—Registration and labelling

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
Offences relating to supply of WELS products—Part 7
Registration and labelling—Division 2

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 7—Offences relating to supply of WELS products
Division 3—Minimum efficiency and performance requirements

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
Offences relating to supply of WELS products—Part 7
Minimum efficiency and performance requirements—Division 3

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 7—Offences relating to supply of WELS products
Division 4—Misuse of WELS standards etc

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
Offences relating to supply of WELS products—Part 7
Misuse of WELS standards etc—Division 4

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 7—Offences relating to supply of WELS products
Division 5—Extensions of criminal responsibility

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
Offences relating to supply of WELS products—Part 7
Extensions of criminal responsibility—Division 5

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 8—Other enforcement
Division 2—Publicising offences

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
Other enforcement—Part 8
Publicising offences—Division 2

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 8—Other enforcement
Division 3—Enforceable undertakings

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
Other enforcement—Part 8
Enforceable undertakings—Division 3

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 8—Other enforcement
Division 4—Injunctions

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
Other enforcement—Part 8
Injunctions—Division 4

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 9—WELS inspectors
Division 1—Appointment of WELS inspectors

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
WELS inspectors—Part 9
Appointment of WELS inspectors—Division 1

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 9—WELS inspectors
Division 2—Powers of WELS inspectors

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
WELS inspectors—Part 9
Powers of WELS inspectors—Division 2

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 9—WELS inspectors
Division 3—Applying for warrants to enter WELS premises

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
WELS inspectors—Part 9
Applying for warrants to enter WELS premises—Division 3

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 9—WELS inspectors
Division 4—Giving WELS information to WELS inspectors

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
WELS inspectors—Part 9
Giving WELS information to WELS inspectors—Division 4

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 9—WELS inspectors
Division 5—Privilege against self incrimination

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
WELS inspectors—Part 9
Privilege against self incrimination—Division 5

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 10—Money
Division 1—WELS Account

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
Money—Part 10
WELS Account—Division 1

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 10—Money
Division 2—Charging fees etc

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
Money—Part 10
Charging fees etc—Division 2

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 11—Review of decisions

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
Review of decisions—Part 11

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Part 12—Miscellaneous

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
Miscellaneous—Part 12

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Schedule 1—Comparison with Commonwealth Act

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
Comparison with Commonwealth Act—Schedule 1

Water Efficiency Labelling and Standards Act 2006—17.6.2013 to 11.9.2013—repealed
Legislative history

repealed—17.6.2013 to 11.9.2013—Water Efficiency Labelling and Standards Act 2006
Legislative history

South Australia
Water Efficiency Labelling and Standards Act 2006
An Act to provide for water efficiency labelling and standards as part of a cooperative scheme between the Commonwealth and the States and Territories; and for other purposes.

Contents
Part 1—Preliminary
1	Short title
3	Objects of Act
3A	Numbering consistent with Commonwealth Act
4	Act binds Crown
Part 2—Interpretation
7	Definitions
Part 3—National WELS scheme
8	WELS scheme to be national cooperative scheme
10	Relationship to other State laws
12	Meaning of corresponding law
16	No doubling up of liabilities
Part 4—WELS products and WELS standards
20	Meaning of WELS labelled
Part 5—WELS Regulator
22	Functions of Regulator
23	Powers of Regulator
24	Arrangements with other agencies
25	Delegation
Part 6—Registration of WELS products
26	Applying for registration
27	Documentation etc to be provided with application for registration
28	Registration of products
29	Grounds for refusing to register
30	Period of registration
31	Cancelling or suspending registration
Part 7—Offences relating to supply of WELS products
Division 1—Applicable WELS standards
32	Meaning of applicable WELS standard
Division 2—Registration and labelling
33	Registration requirement
34	Labelling registered products
Division 3—Minimum efficiency and performance requirements
35	Minimum water efficiency—products required to be registered
36	Minimum general performance—products required to be registered
Division 4—Misuse of WELS standards etc
37	Misuse of WELS standards and information
38	Information inconsistent with WELS standards
39	Using information in supply of products
Division 5—Extensions of criminal responsibility
39A	Attempts
39B	False or misleading information or document
Part 8—Other enforcement
Division 2—Publicising offences
41	Regulator may publicise offences
Division 3—Enforceable undertakings
42	Acceptance of undertakings
43	Enforcement of undertakings
Division 4—Injunctions
44	Injunctions
Part 9—WELS inspectors
Division 1—Appointment of WELS inspectors
45	Regulator may appoint WELS inspectors
46	Identity cards
46A	Offences in relation to WELS inspectors
Division 2—Powers of WELS inspectors
47	Purposes for which powers can be used
48	Inspection powers—public areas of WELS business premises
49	Inspection powers—with consent
50	Refusing consent is not offence
51	Inspection powers—with warrant
52	Announcement before entry under warrant
53	Copy of warrant to be given to occupier
54	Occupier must provide inspector with facilities and assistance
55	Seizing or securing evidential material
56	Holding evidential material for more than 90 days
57	Returning evidential material
Division 3—Applying for warrants to enter WELS premises
58	Ordinary warrants
59	Warrants by telephone, fax etc
Division 4—Giving WELS information to WELS inspectors
60	Meaning of person who has WELS information
61	Regulator may require person to provide information
62	Regulator may require person to appear before WELS inspector
62A	False or misleading information or documents
Division 5—Privilege against self incrimination
63	Privilege against self incrimination not affected
Part 10—Money
Division 1—WELS Account
65	Credits to WELS Account
66	Purpose of WELS Account
Division 2—Charging fees etc
67	Regulator may charge for services
68	Recovery of amounts
Part 11—Review of decisions
69	Meaning of reviewable decision and affected person
70	Notification of decisions and review rights
71	Internal review
72	Review of decisions by District Court
Part 12—Miscellaneous
72A	Imputation in proceedings of conduct or state of mind of officer, employee etc
72B	Liability of officers of body corporate
73	Compensation for damage to electronic equipment
75	Annual report
76	Review of operation of WELS scheme
77	Regulations
Schedule 1—Comparison with Commonwealth Act
Legislative history

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Water Efficiency Labelling and Standards Act 2006.
3—Objects of Act
The objects of this Act are as follows:
	(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 use and water saving technologies.
3A—Numbering consistent with Commonwealth Act
	(1)	A provision of this Act for which there is a corresponding provision in the Commonwealth Act is given the number of the corresponding provision.
	(2)	A provision of this Act for which there is no corresponding provision in the Commonwealth Act is given a number that includes a capital letter.
Note—
Schedule 1 contains a table comparing the provisions of the Commonwealth Act as at the date that Act came into operation with the provisions of this Act as at its date of assent.
4—Act binds Crown
This Act binds the Crown in right of this State and also, so far as the legislative power of the State extends, the Crown in all its other capacities, but not so as to impose any criminal liability on the Crown.

Part 2—Interpretation
7—Definitions
In this Act—
affected person—see section 69(2) and (3);
agency—
	(a)	in relation to the Commonwealth, includes the 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 purpose under a law of the Commonwealth; and
	(b)	in relation to this or another State or a Territory, includes the following:
	(i)	an administrative unit of the Public Service;
	(ii)	a Department of State (however described) of another State or a Territory;
	(iii)	a body corporate established for a public purpose under a law of the State or Territory;
applicable WELS standard—see section 32;
Commonwealth Act means the Water Efficiency Labelling and Standards Act 2005 of the Commonwealth;
Commonwealth Minister has the same meaning as in the Commonwealth Act;
corresponding law—see section 12;
damage, in relation to data, includes damage by erasure of data or addition of other data;
District Court means the Administrative and Disciplinary Division of the District Court;
evidential material means any thing that may be relevant to the investigation or prosecution of an offence against this Act;
information used for, or in relation to, the supply of a product—see section 39;
occupier, in relation to premises, includes a person who apparently represents the occupier of the premises;
officer of a body corporate means—
	(a)	a director of the body corporate; or
	(b)	the chief executive officer of the body corporate; or
	(c)	a receiver or manager of property of the body corporate or a liquidator of the body corporate,
and includes, in relation to a contravention or alleged contravention of this Act by the body corporate, an employee of the body corporate with management responsibilities in respect of the matters to which the contravention or alleged contravention related;
person who has WELS information—see section 60;
registered means registered under a WELS standard;
Regulator means the Regulator established by section 21 of the Commonwealth Act;
reviewable decision—see section 69(1);
supply means—
	(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
	(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 business premises means WELS premises that are open to the public on a regular basis;
WELS inspector means a person appointed under section 45(1);
WELS labelled—see section 20(1);
WELS premises means premises used for, or in connection with, the supply of 1 or more WELS products;
WELS product means a WELS product within the meaning of the Commonwealth Act;
WELS scheme means the water efficiency labelling and standards scheme established by this Act and corresponding laws;
WELS standard, in relation to a WELS product, means the WELS standard set out for the product in the determination under section 18(1) of the Commonwealth Act.

Part 3—National WELS scheme
8—WELS scheme to be 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 and Territories to provide for national water efficiency labelling and standards.
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 law of the State.
12—Meaning of corresponding law
For the purposes of this Act—
corresponding law means—
	(a)	the Commonwealth Act; or
	(b)	a corresponding State-Territory law within the meaning of the Commonwealth Act, other than this Act.
16—No doubling up of liabilities
	(1)	If—
	(a)	an act or omission is an offence against this Act and is also an offence against the Commonwealth Act; and
	(b)	the offender has been punished for the offence under the Commonwealth Act,
the offender is not liable to be punished for the offence under this Act.
	(2)	If a person has paid, or been ordered to pay, a pecuniary penalty under the Commonwealth Act, the person is not liable to a pecuniary penalty under this Act in respect of the same conduct.

Part 4—WELS products and WELS standards
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.
	(2)	Such requirements may relate to 1 or more of the following:
	(a)	the characteristics, contents, placement and quality of labels attached to products or displayed on product packaging;
	(b)	documents or other material used for, or provided in connection with, the supply of the product;
	(c)	advertising the product.

Part 5—WELS Regulator
22—Functions of Regulator
The Regulator has the following functions:
	(a)	to administer the WELS scheme;
	(b)	to undertake or commission research in relation to water 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;
	(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; and
	(ii)	the chief executive of the administrative unit of the Public Service that is, under the Minister, responsible for 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 effectiveness of WELS standards in relation to reducing water usage;
	(i)	such other functions as are conferred on the Regulator by this Act or any other law.
23—Powers of 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.
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 Regulator.
25—Delegation
	(1)	The Regulator may, by writing, delegate 1 or more of the Regulator's powers or functions under this Act to 1 or more of the following:
	(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.
	(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.
	(3)	A delegate of the Regulator is, in the exercise of the delegate's delegated powers and functions, subject to the Regulator's directions.
	(4)	A delegation is revocable at will and does not derogate from the power of the Regulator to act in a matter.

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.
	(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 subsection (1) and section 31(3)(b) if that person would be taken to be the manufacturer of the product for the purposes of sections 26(1) and 31(3)(b) of the Commonwealth Act.
27—Documentation etc to be provided with application for 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 section 27(1) of the Commonwealth Act, and must be accompanied by—
	(a)	any documentation (including test results and sample labels) specified in the determination; and
	(b)	any registration fee specified in the determination.
	(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.
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 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.
	(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) 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 applicable determination under section 27(1) of the Commonwealth Act; or
	(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 or minimum general performance requirement that the 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 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.
	(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 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 1 year that begins on the day on which the first WELS standard was replaced ends.
	(3)	If the Commonwealth Minister, by writing, determines that, for specified purposes, the period of 1 year mentioned in section 30(2)(d) of the Commonwealth Act is extended by a further specified period, the period of 1 year mentioned in subsection (2)(d) of this section is extended for the same 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—
	(a)	registration conditions are not complied with (see section 27(2)); or
	(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 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.
	(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 section 18(1) of the Commonwealth Act 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.

Part 7—Offences relating to supply of WELS products
Division 1—Applicable WELS standards
32—Meaning of applicable WELS standard
	(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 determination made under section 18(1) of the Commonwealth Act that relates to products of that kind.

Division 2—Registration and labelling
33—Registration requirement
A person commits an offence if—
	(a)	the person supplies a WELS product; and
	(b)	the applicable WELS standard requires the product to be registered for the purposes of the supply; and
	(c)	the product is not registered.
Maximum penalty: 
	(a)	in the case of a body corporate—$33 000;
	(b)	in any other case—$6 600.
Expiation fee: 
	(a)	in the case of a body corporate—$6 600;
	(b)	in any other case—$1 320.
34—Labelling registered products
A person commits an offence if—
	(a)	the person supplies a WELS product; and
	(b)	the product is registered; and
	(c)	the applicable WELS standard requires registered products to be WELS labelled for the purposes of the supply; and
	(d)	the product is not WELS labelled.
Maximum penalty: 
	(a)	in the case of a body corporate—$33 000;
	(b)	in any other case—$6 600.
Expiation fee: 
	(a)	in the case of a body corporate—$6 600;
	(b)	in any other case—$1 320.

Division 3—Minimum efficiency and performance requirements
35—Minimum water efficiency—products required to be registered
A person commits an offence if—
	(a)	the person supplies a WELS product; and
	(b)	the applicable WELS standard requires the product—
	(i)	to be registered for the purposes of the supply; and
	(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.
Maximum penalty: 
	(a)	in the case of a body corporate—$33 000;
	(b)	in any other case—$6 600.
Expiation fee: 
	(a)	in the case of a body corporate—$6 600;
	(b)	in any other case—$1 320.
36—Minimum general performance—products required to be registered
A person commits an offence if—
	(a)	the person supplies a WELS product; and
	(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; and
	(c)	the product does not comply with those minimum general performance requirements.
Maximum penalty: 
	(a)	in the case of a body corporate—$33 000;
	(b)	in any other case—$6 600.
Expiation fee: 
	(a)	in the case of a body corporate—$6 600;
	(b)	in any other case—$1 320.

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; and
	(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.
Maximum penalty: 
	(a)	in the case of a body corporate—$33 000;
	(b)	in any other case—$6 600.
Expiation fee: 
	(a)	in the case of a body corporate—$6 600;
	(b)	in any other case—$1 320.
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
	(b)	the information is inconsistent with the information contained in the applicable WELS standard for the product.
Maximum penalty: 
	(a)	in the case of a body corporate—$33 000;
	(b)	in any other case—$6 600.
Expiation fee: 
	(a)	in the case of a body corporate—$6 600;
	(b)	in any other case—$1 320.
39—Using information in supply of products
	(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; or
	(b)	the packaging in which the product is supplied; or
	(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.

Division 5—Extensions of criminal responsibility
39A—Attempts
	(1)	A person who attempts to commit an offence against Division 2, Division 3 or Division 4 (the relevant offence) is guilty of the offence of attempting to commit that offence and is liable to a fine not exceeding 60% of the maximum fine specified for the relevant offence.
	(2)	A person is not guilty of attempting to commit an offence against Division 2, Division 3 or Division 4 unless the conduct of the person is—
	(a)	more than merely preparatory to the commission of the offence; and
	(b)	immediately and not remotely connected with the commission of the offence.
	(3)	For a person to be guilty of attempting to commit an offence against Division 2, Division 3 or Division 4, the person must—
	(a)	intend that the offence the subject of the attempt be committed; and
	(b)	intend or believe that any fact or circumstance the existence of which is an element of the offence will exist at the time the offence is to take place.
	(4)	A person may be guilty of attempting to commit an offence against Division 2, Division 3 or Division 4 despite the existence of facts of which the person is unaware which make the commission of the offence attempted impossible.
39B—False or misleading information or document
A person must not—
	(a)	in connection with an application made to the Regulator 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 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 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 correct information.
Maximum penalty: 
	(a)	in the case of a body corporate—$33 000;
	(b)	in any other case—imprisonment for 1 year or $6 600.

Part 8—Other enforcement
Division 2—Publicising offences
41—Regulator may publicise offences
	(1)	The Regulator may publicise, in any way he or she thinks 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; or
	(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
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 section 27(2)).
	(2)	The person may withdraw or vary the undertaking at any time, but only with the consent of the Regulator.
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 District Court for an order under subsection (2).
	(2)	If the District Court is satisfied that the person has breached a term of the undertaking, the Court may make 1 or more of the following orders:
	(a)	an order directing the person to comply with that term of 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;
	(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.

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 offence against this Act, the District 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, grant an injunction by consent of all parties to the proceedings, whether or not the Court is satisfied that the person has 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 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.
	(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
	(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 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 if the person refuses or fails to do that act or thing.

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 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 employee of an agency of the State as a WELS inspector without the agreement of the State.
	(3)	In exercising his or her powers or performing his or her functions a WELS inspector must comply with any direction of the Regulator.
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 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; and
	(b)	the person ceases to be a WELS inspector; and
	(c)	the person does not return the identity card to the Regulator as soon as practicable.
Maximum penalty: $110.
	(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 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 requirement.
46A—Offences in relation to WELS inspectors
	(1)	A person must not, without reasonable excuse, hinder or obstruct a WELS inspector who is exercising a power under this Act.
Maximum penalty: 
	(a)	in the case of a body corporate—$33 000;
	(b)	in any other case—$6 600.
	(2)	A person who is not a WELS inspector must not, in any way, hold himself or herself out to be a WELS inspector.
Maximum penalty: $6 600.

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 Division for the following purposes:
	(a)	determining whether a person is complying with this Act;
	(b)	investigating a possible offence against this Act.
48—Inspection powers—public areas of WELS business premises
	(1)	For the purposes set out in section 47, a WELS inspector may do 1 or more of the following in a public area of WELS 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 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 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.
	(2)	Before obtaining consent, the WELS inspector must inform the occupier that he or she 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 do 1 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;
	(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;
	(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;
	(g)	operate equipment on the premises for the purposes of gaining access to a document or record relating to 1 or more WELS products.
50—Refusing consent is not offence
The occupier of WELS premises does not commit an offence 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.
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 enters WELS premises under warrant may do 1 or more of the following:
	(a)	exercise 1 or more of the powers set out in section 49(3);
	(b)	require any person on the premises to—
	(i)	answer any questions put by the WELS inspector; and
	(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—
	(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.
Maximum penalty: $6 600.
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
	(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 he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the 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—
	(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.
54—Occupier must provide inspector with facilities and assistance
A person commits an offence if—
	(a)	the person is the occupier of WELS premises; and
	(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.
Maximum penalty: 
	(a)	in the case of a body corporate—$16 500;
	(b)	in any other case—$3 300.
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.
	(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 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.
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
	(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.
	(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
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
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 to enter the WELS premises for 1 or more of the following purposes:
	(a)	determining whether a person is complying with this Act;
	(b)	investigating a possible offence against this Act.
	(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.
	(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; and
	(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; and
	(c)	specify the day (not more than 1 week after the issue of the warrant) on which the warrant ceases to have effect; and
	(d)	state the purpose for which the warrant is issued.
59—Warrants by telephone, fax etc
	(1)	If, in an urgent case, a WELS inspector considers it necessary to do so, the WELS inspector may apply to a magistrate by 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
	(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.
	(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
	(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 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—
	(i)	tell the WELS inspector what the terms of the warrant are; and
	(ii)	tell the WELS inspector the day on which and the time at which the warrant was signed; and
	(iii)	tell the WELS inspector the day (not more than 1 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; 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
	(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 earlier, send to the magistrate—
	(a)	the form of warrant completed by the WELS inspector; and
	(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—
	(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.
	(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 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 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 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 person to provide information
	(1)	The Regulator may, by written notice, require a person who has WELS information to give to the WELS inspector specified in 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 notice.
The period 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.
	(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 information, book, record or document.
Maximum penalty: 
	(a)	in the case of a body corporate—$33 000;
	(b)	in any other case—$6 600.
62—Regulator may require person to appear before WELS inspector
	(1)	The Regulator may, by written notice, require a person who has 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 or documents as are referred to in the notice.
The time 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.
	(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.
Maximum penalty: $6 600.
	(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 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.
Maximum penalty: $6 600.
62A—False or misleading information or documents
	(1)	A person is guilty of an offence if—
	(a)	the person gives information to a WELS inspector under section 61(1) or section 62; and
	(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.
Maximum penalty: 
	(a)	in the case of a body corporate—$33 000;
	(b)	in any other case—$6 600.
	(2)	A person is guilty of an offence if—
	(a)	the person produces a book, record or document to a WELS inspector under section 61(1) or section 62; and
	(b)	the person does so knowing that the document is false or misleading in a material particular.
Maximum penalty: 
	(a)	in the case of a body corporate—$33 000;
	(b)	in any other case—$6 600.
	(3)	Subsection (2) does not apply to a person who produces a book, 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 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 misleading.

Division 5—Privilege against self incrimination
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 him or her or make him or her liable to a penalty.

Part 10—Money
Division 1—WELS Account
65—Credits to WELS Account
	(1)	Amounts equal to money received by the State—
	(a)	in respect of fines, expiation fees or undertakings given under section 42; or
	(b)	under Division 2,
must be paid to the Commonwealth for crediting to the WELS Account.
	(2)	The Consolidated Account is appropriated to the necessary extent to enable amounts to be paid to the Commonwealth in accordance with subsection (1).
66—Purpose of WELS Account
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 law.

Division 2—Charging fees etc
67—Regulator may charge for services
The Regulator may charge fees for services provided by, or on 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:
	(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.

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 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 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
	(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; and
	(b)	the reasons for the decision; and
	(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
	(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.
	(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.
	(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
	(b)	if the Regulator revokes the decision, make such other decision as the Regulator thinks appropriate.
72—Review of decisions by District Court
	(1)	An affected person may appeal to the District Court against—
	(a)	a reviewable decision made by the Regulator personally; or
	(b)	a decision made by the Regulator under section 71 (which provides for internal review).
	(2)	An appeal must be instituted within 28 days after the making of the decision appealed against.
	(3)	In proceedings on an appeal, the District Court will, if a Judge of the Court so determines, sit with assessors.
	(4)	For the purposes of subsection (3)—
	(a)	the Minister must establish a panel of persons who may sit as assessors;
	(b)	a member of the panel will hold office on terms and conditions specified by the Minister in the instrument of appointment (and a member of the panel whose term of office expires is eligible for reappointment);
	(c)	subject to paragraph (d), if assessors are to sit with the District Court, the Judge of the Court on the appeal will select 2 members of the panel to sit with the Court in the proceedings;
	(d)	a member of the panel who has a personal or direct or indirect pecuniary interest in a matter before the District Court is disqualified from participating in proceedings relating to the matter;
	(e)	if an assessor dies or is for any reason unable to continue with any proceedings, the District Court constituted of the judicial officer who is presiding at the proceedings and the other assessor may, if the judicial officer so determines, continue and complete the proceedings.

Part 12—Miscellaneous
72A—Imputation in proceedings of conduct or state of mind of officer, employee etc
	(1)	For the purposes of proceedings for an offence against this Act—
	(a)	the conduct and state of mind of an officer, employee or agent of a body corporate acting within the scope of his or her actual, usual or ostensible authority will be imputed to the body corporate; and
	(b)	the conduct and state of mind of an employee or agent of a natural person acting within the scope of his or her actual, usual or ostensible authority will be imputed to that person.
	(2)	If—
	(a)	a natural person is convicted of an offence against this Act; and
	(b)	the person would not have been convicted of the offence but for the operation of subsection (1),
the person is not liable to be punished by imprisonment for the offence.
	(3)	For the purposes of this section, a reference to conduct or acting includes a reference to failure to act.
72B—Liability of officers of body corporate
	(3)	If a body corporate contravenes a provision of this Act, an officer of the body corporate who knowingly promoted or acquiesced in the contravention is also guilty of contravening that provision.
	(4)	An officer of a body corporate may be prosecuted and convicted of an offence pursuant to subsection (3) whether or not there has been a finding by a court that the body corporate committed the contravention.
73—Compensation for damage to electronic equipment
	(1)	This section applies if—
	(a)	as a result of electronic equipment being operated as mentioned in section 49—
	(i)	damage is caused to the equipment; or
	(ii)	the data recorded on the equipment is damaged; or
	(iii)	programs associated with the use of the 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 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 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 District Court for such reasonable amount of compensation as the Court determines.
	(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.
75—Annual report
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 section 75 of the Commonwealth Act to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
76—Review of operation of WELS scheme
The Minister must cause a copy of the report of the independent review of the WELS scheme given to the State under section 76 of the Commonwealth Act to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
77—Regulations
	(1)	The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.
	(2)	Without limiting the generality of subsection (1), the regulations may—
	(a)	prescribe fees in respect of matters under this Act; and
	(b)	impose fines (not exceeding $11 000 in cases involving bodies corporate and $2 200 in cases involving natural persons) for offences against the regulations; and
	(c)	fix expiation fees (not exceeding $2 200 in cases involving bodies corporate and $440 in cases involving natural persons) for alleged offences against the regulations.
	(3)	Regulations under this Act may—
	(a)	be of general application or limited application;
	(b)	make different provision according to the matters or circumstances to which they are expressed to apply;
	(c)	provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Regulator or any other person or body prescribed by the regulations;
	(d)	include evidentiary provisions to facilitate proof of contraventions of the regulations for the purposes of proceedings for offences.

Schedule 1—Comparison with Commonwealth Act
The following table compares the provisions of the Commonwealth Act as at the date that Act came into operation with the provisions of this Act as at its date of assent.

Commonwealth Act | State Act
Part 1—Preliminary |
3—Objects of Act | same

The State Act contains the following additional provision:
3A—Numbering consistent with Commonwealth Act
This section explains the numbering scheme adopted in the State Act.

4—Act to bind the Crown

—
In South Australia see section 20 Acts Interpretation Act 1915.

5—External Territories
This section extends the Act to every external Territory other than Norfolk Island.

—

Part 2—Interpretation |

6—Application of the Criminal Code
This section applies Chapter 2 of the Commonwealth Criminal Code to offences against the Commonwealth Act.

—

7—Definitions | adjusted for State purposes
Part 3—National WELS scheme |
8—WELS scheme to be a national cooperative scheme | same

9—Application of this Act
This section applies the Act to matters within the Commonwealth's constitutional power.

—

10—Relationship between this Act and other Commonwealth laws | adjusted for State purposes

11—State and Territory laws may operate concurrently
This section allows State and Territory laws to operate concurrently with the Commonwealth Act.

—

12—Meaning of corresponding State-Territory law | adjusted for State purposes

13—Commonwealth consent to conferral of functions etc. on the Regulator or inspectors by corresponding State-Territory laws
This section provides Commonwealth consent to the conferral of functions and powers, and the imposition of duties, on the Regulator and WELS inspectors by corresponding State-Territory laws.

—

14—How duty is imposed by corresponding laws
This section deals with the imposing of duties on the Regulator or WELS inspectors by corresponding State-Territory laws.

—

15—When a corresponding State-Territory law imposes a duty
This section provides a definition of the phrase "imposes a duty" for the purposes of sections 13 and 14.

—

16—No doubling-up of liabilities | adjusted for State purposes

17—Review of decisions under corresponding State-Territory laws
This section provides that an application may be made to the Administrative Appeals Tribunal for review of a reviewable State decision within the meaning of that section.

—

Part 4—WELS products and WELS standards |

18—WELS products
This section enables the Commonwealth Minister to determine that water-use or water-saving products are WELS products and set out the WELS standard for the products.

—

19—WELS standards
The Commonwealth section 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 the purposes of specified supplies of the product.

—

20—Meaning of WELS labelled | same
Part 5—The WELS regulator |

21—The Regulator
This section appoints the Secretary of the Department of State of the Commonwealth that deals with the matters to which the Commonwealth Act relates as the Regulator.

—

22—Functions of the Regulator | adjusted for State purposes
23—Powers of the Regulator | same
24—Arrangements with other agencies | adjusted for State purposes
25—Delegation | adjusted for State purposes
Part 6—Registration of WELS products |
26—Applying for registration | adjusted for State purposes
27—Documentation etc. to be provided with application for registration | adjusted for State purposes
28—Registration of products | same
29—Grounds for refusing to register | same
30—Period of registration | adjusted for State purposes
31—Cancelling or suspending registration | same
Part 7—Offences relating to the supply of WELS products |
Division 1—Applicable WELS standards |
32—Meaning of applicable WELS standard | same
Division 2—Registration and labelling |
33—Registration requirement | same
34—Labelling registered products | same
Division 3—Minimum efficiency and performance requirements |
35—Minimum water efficiency—products required to be registered | same
36—Minimum general performance—products required to be registered | same
Division 4—Misuse of WELS standards etc. |
37—Misuse of WELS standards and information | same
38—Information inconsistent with WELS standards | same
39—Using information in the supply of products | same

The State Act contains the following additional provisions:
Division 5—Extensions of criminal responsibility
39A—Attempts
39B—False or misleading information or document
The Criminal Code of the Commonwealth contains provisions to similar effect except as to penalty (section 11.1 and Part 7.4).

Part 8—Other enforcement |
Division 1—Infringement notices |

40—Infringement notices
The Commonwealth section allows the regulations to establish a scheme of infringement notices.

—
In South Australia this is dealt with by the Expiation of Offences Act 1996.

Division 2—Publicising offences |
41—Regulator may publicise offences | same
Division 3—Enforceable undertakings |
42—Acceptance of undertakings | same

43—Enforcement of undertakings
This section confers power to enforce undertakings on the Federal Court of Australia.

adjusted for State purposes

Division 4—Injunctions |

44—Injunctions
This section confers power to grant injunctions on the Federal Court of Australia.

adjusted for State purposes

Part 9—WELS inspectors |
Division 1—Appointment of WELS inspectors |
45—Regulator may appoint WELS inspectors | adjusted for State purposes
46—Identity cards | adjusted for State purposes

The State Act contains the following additional provision:
46A—Offences in relation to WELS inspectors
The Criminal Code of the Commonwealth contains provisions to similar effect except as to penalty (Part 7.8).

Division 2—Powers of WELS inspectors |
47—Purposes for which powers can be used | same
48—Inspection powers—public areas of WELS business premises | same
49—Inspection powers—with consent | same
50—Refusing consent is not an offence | same
51—Inspection powers—with warrant | adjusted for State purposes
52—Announcement before entry under warrant | same
53—Copy of warrant to be given to occupier | same
54—Occupier must provide inspector with facilities and assistance | same
55—Seizing or securing evidential material | same
56—Holding evidential material for more than 90 days | same
57—Returning evidential material | same
Division 3—Applying for warrants to enter WELS premises |
58—Ordinary warrants | adjusted for State purposes
59—Warrants by telephone, fax etc. | adjusted for State purposes
Division 4—Giving WELS information to WELS inspectors |
60—Meaning of person who has WELS information | same
61—Meaning of person who has WELS information | adjusted for State purposes
62—Regulator may require a person to appear before a WELS inspector | adjusted for State purposes

The State Act contains the following additional provision:
62A—False or misleading information or documents
The Criminal Code of the Commonwealth contains provisions to similar effect except as to penalty (Part 7.4).

Division 5—Privilege against self-incrimination |
63—Privilege against self-incrimination | same
Part 10—Money |
Division 1—The WELS Account |

64—WELS Account
This section establishes the WELS Account.

—

65—Credits to the WELS Account | adjusted for State purposes
66—Purpose of the WELS Account | adjusted for State purposes
Division 2—Charging fees etc. |
67—Regulator may charge for services | adjusted for State purposes
68—Recovery of amounts | adjusted for State purposes
Part 11—Review of decisions |
69—Meaning of reviewable decision and affected person | same
70—Notification of decisions and review rights | same
71—Internal review | same

72—Review of decisions by Administrative Appeals Tribunal

The State Act contains the following alternative provision:
72—Review of decisions by District Court

Part 12—Miscellaneous |

The State Act contains the following additional provisions:
72A—Imputation in proceedings of conduct or state of mind of officer, employee etc
72B—Liability of officers of body corporate
The Commonwealth Criminal Code contains relevant provisions in Chapter 2.

73—Compensation for damage to electronic equipment | adjusted for State purposes

74—Compensation for acquisition of property
This section provides for payment of compensation by the Commonwealth for acquisition of property.

—

75—Annual report
This section 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.

adjusted for State purposes

76—Review of operation of WELS scheme
This section 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 the section. The Commonwealth Minister is required to give a copy to the State.

adjusted for State purposes

77—Regulations | adjusted for State purposes

Legislative history
Notes
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Repeal of Act
The Water Efficiency Labelling and Standards Act 2006 was repealed by Sch 1 cl 1 of the Water Efficiency Labelling and Standards (South Australia) Act 2013 on 12.9.2013.
Principal Act and amendments
Year | No | Title | Assent | Commencement
2006 | 8 | Water Efficiency Labelling and Standards Act 2006 | 29.6.2006 | 17.7.2006 (Gazette 13.7.2006 p2251)
2006 | 44 | Statutes Amendment (Justice Portfolio) Act 2006 | 14.12.2006 | Pt 32 (s 68)—18.1.2007 (Gazette 18.1.2007 p234)
2009 | 84 | Statutes Amendment (Public Sector Consequential Amendments) Act 2009 | 10.12.2009 | Pt 161 (ss 364 & 365)—1.2.2010 (Gazette 28.1.2010 p320)
2013 | 16 | Statutes Amendment (Directors' Liability) Act 2013 | 23.5.2013 | Pt 50 (s 102)—17.6.2013 (Gazette 6.6.2013 p2498)
Provisions amended
Entries that relate to provisions that have been deleted appear in italics.
Provision | How varied | Commencement
Pt 1 | |
s 2 | omitted under Legislation Revision and Publication Act 2002 | 18.1.2007
Pt 2 | |
s 7 | |
agency | amended by 84/2009 s 364 | 1.2.2010
District Court | inserted by 44/2006 s 68 | 18.1.2007
Pt 5 | |
s 22 | amended by 84/2009 s 365 | 1.2.2010
Pt 12 | |
s 72B | |
s 72B(1) and (2) | deleted by 16/2013 s 102(1) | 17.6.2013
s 72B(4) | amended by 16/2013 s 102(2) | 17.6.2013
Historical versions
18.1.2007 |
1.2.2010 |

[12.9.2013] This version is not published under the Legislation Revision and Publication Act 2002

This version is not published under the Legislation Revision and Publication Act 2002 [12.9.2013]