Water Efficiency Labelling And Standards (National Uniform Legislation) Act 2014 (NT)

NORTHERN TERRITORY OF AUSTRALIA

WATER EFFECIENCY LABELLING AND STANDARDS (NATIONAL UNIFORM LEGISLATION) ACT 2014

As in force at 2 June 2014

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary matters1 — Short title2 — Purpose of Act3 — Interpretation4 — Act binds CrownPart 2 — Applied provisions5 — Application of Commonwealth laws as a law of Territory6 — Modification of Commonwealth water efficiency laws7 — Interpretation of applied provisionsPart 3 — Functions and powers under applied provisions8 — Functions and powers of Commonwealth Regulator and other authorities and officers9 — Delegations by the Commonwealth RegulatorPart 4 — Offences10 — Purpose of Part11 — Application of Commonwealth criminal laws to offences against applied provisions12 — Functions and powers conferred on Commonwealth officers and authorities relating to offences13 — No double jeopardy for offences against applied provisionsPart 5 — Administrative laws14 — Application of Commonwealth administrative laws to applied provisions15 — Functions and powers conferred on Commonwealth officers and authoritiesPart 6 — Miscellaneous matters16 — Things done for multiple purposes17 — Reference in Commonwealth law to a provision of another law18 — Fees and other money19 — Regulations of TerritoryPart 7 — Repeal and transitional matters20 — Act repealed21 — Transitional matters for ENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 2 June 2014

WATER EFFICIENCY LABELLING AND STANDARDS (NATIONAL UNIFORM LEGISLATION) ACT 2014

An Act to apply as a law of the Territory a national law relating to water efficiency labelling and standards, and for related purposes

Part 1Preliminary matters 1Short title

This Act may be cited as the Water Efficiency Labelling and Standards (National Uniform Legislation) Act 2014.

2Purpose of Act

• (1)

  The purpose of this Act is to adopt in the Territory a uniform national approach to the regulation of water efficiency labelling and standards.

• (2)

  Accordingly, this Act:

  • (a)

    applies the Commonwealth water efficiency laws as a law of the Territory; and

  • (b)

    makes provision to enable the Commonwealth water efficiency laws and the applied provisions to be administered on a uniform basis by the Commonwealth as if they constituted a single law of the Commonwealth.

  3Interpretation
• (1)

  In this Act:

  applied provisions means the Commonwealth water efficiency laws that apply as a law of the Territory because of section 5, including any modification under section 6.

  Commonwealth administrative laws means the following Commonwealth Acts and regulations:

  • (a)

    the Administrative Appeals Tribunal Act 1975 (excluding Part IVA);

  • (b)

    the Freedom of Information Act 1982;

  • (c)

    the Ombudsman Act 1976;

  • (d)

    the Privacy Act 1988;

  • (e)

    the regulations in force under any of those Acts.

  Commonwealth Regulator means the WELS Regulator appointed under the Water Efficiency Labelling and Standards Act 2005 (Cth).

  Commonwealth water efficiency laws means:

  • (a)

    the Water Efficiency Labelling and Standards Act 2005 (Cth); and

  • (b)

    all regulations, guidelines, principles, standards and codes of practice in force under that Act.

  function includes a duty.

  modify includes add to, omit and substitute.

  offence includes a contravention for which a civil penalty may be imposed.

• (2)

  Terms used in this Act and also in the Water Efficiency Labelling and Standards Act 2005 (Cth) have the same meanings in this Act as they have in that Act.

• (3)

  In this Act, a reference to a Commonwealth Act includes a reference to:

  • (a)

    that Commonwealth Act, as amended and in force for the time being; and

  • (b)

    if another Act is substituted for that Commonwealth Act – the substituted Act as amended and in force for the time being.

  4Act binds Crown

  This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.

Part 2Applied provisions 5Application of Commonwealth laws as a law of Territory

• (1)

  The Commonwealth water efficiency laws, as in force from time to time and as modified by or under this Act, apply as a law of the Territory.

• (2)

  The Commonwealth water efficiency laws so apply as if they extended to matters in relation to which the Territory may make laws:

  • (a)

    whether or not the Commonwealth may make laws in relation to those matters; and

  • (b)

    even though the Commonwealth water efficiency laws provide that they apply only to specified matters with respect to which the Commonwealth may make laws.

  6Modification of Commonwealth water efficiency laws
• (1)

  Regulations under this Act may also modify the Commonwealth water efficiency laws for the purposes of this Act.

• (2)

  Without limiting subsection (1), the regulations may provide that the Commonwealth water efficiency laws apply under section 5(1) as if an amendment to the Commonwealth water efficiency laws:

  • (a)

    made by a law of the Commonwealth; and

  • (b)

    specified in the regulations;

  had not taken effect.

7Interpretation of applied provisions

• (1)

  The Acts Interpretation Act 1901 (Cth) applies as a law of the Territory in relation to the interpretation of the applied provisions, and so applies as if the applied provisions were a Commonwealth Act or were regulations or other instruments under a Commonwealth Act, as the case requires.

• (2)

  The Interpretation Act 1978 does not apply to the applied provisions.

  Note for subsection (2)

  Even though the Interpretation Act 1978 does not apply to the applied provisions, it applies to this Act and to instruments made under this Act.

Part 3Functions and powers under applied provisions 8Functions and powers of Commonwealth Regulator and other authorities and officers

The Commonwealth Regulator and other authorities and officers referred to in the applied provisions have the same functions and powers under the applied provisions as they have under the Commonwealth water efficiency laws, as those laws apply to the Commonwealth.

9Delegations by the Commonwealth Regulator

Any delegation by the Commonwealth Regulator under the Water Efficiency Labelling and Standards Act 2005 (Cth) is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.

Part 4Offences 10Purpose of Part

• (1)

  The purpose of this Part is to further the purpose of this Act by providing for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth.

• (2)

  The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but are not limited to):

  • (a)

    the investigation and prosecution of offences; and

  • (b)

    the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and

  • (c)

    proceedings relating to a matter referred to in paragraph (a) or (b); and

  • (d)

    appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); and

  • (e)

    the sentencing, punishment and release of persons convicted of offences; and

  • (f)

    fines, penalties and forfeitures; and

  • (g)

    infringement notices in connection with offences; and

  • (h)

    liability to make reparation in connection with offences; and

  • (i)

    proceeds of crime; and

  • (j)

    spent convictions.

  11Application of Commonwealth criminal laws to offences against applied provisions
• (1)

  The relevant Commonwealth laws apply as laws of the Territory in relation to an offence against the applied provisions as if those provisions were a law of the Commonwealth and not a law of the Territory.

• (2)

  For the purposes of a law of the Territory, an offence against the applied provisions:

  • (a)

    is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth; and

  • (b)

    is taken not to be an offence against the laws of the Territory.

• (3)

  Subsection (2) has effect for the purposes of a law of the Territory except as provided by the regulations made under this Act.

12Functions and powers conferred on Commonwealth officers and authorities relating to offences

• (1)

  A Commonwealth law applying because of section 11 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth water efficiency laws also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.

• (2)

  In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth water efficiency laws.

13No double jeopardy for offences against applied provisions

If:

• (a)

  an act or omission is an offence against both the applied provisions and the Commonwealth water efficiency laws; and

• (b)

  the offender has been punished for that offence under the Commonwealth water efficiency laws;

the offender is not liable to be punished for the offence under the applied provisions.

Part 5Administrative laws 14Application of Commonwealth administrative laws to applied provisions

• (1)

  The Commonwealth administrative laws apply as laws of the Territory to any matter arising in relation to the applied provisions as if those provisions were a law of the Commonwealth and not a law of the Territory.

• (2)

  For the purposes of a law of the Territory, a matter arising in relation to the applied provisions:

  • (a)

    is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if those provisions were a law of the Commonwealth; and

  • (b)

    is taken not to be a matter arising in relation to laws of the Territory.

• (3)

  Subsection (2) has effect for the purposes of a law of the Territory except as provided by the Regulations made under this Act.

• (4)

  Any provision of a Commonwealth administrative law applying because of this section that purports to confer jurisdiction on a federal court is taken not to have that effect.

• (5)

  For the purposes of this section, a reference in a provision of the Administrative Appeals Tribunal Act 1975 (Cth) (as that provision applies as a law of this jurisdiction) to the whole or any part of Part IVA of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth.

15Functions and powers conferred on Commonwealth officers and authorities

• (1)

  A Commonwealth administrative law applying because of section 14 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the applied provisions.

• (2)

  In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.

Part 6Miscellaneous matters 16Things done for multiple purposes

The validity of a licence, certificate or other thing issued, given or done for the purposes of the applied provisions is not affected only because it was issued, given or done also for the purposes of the Commonwealth water efficiency laws.

17Reference in Commonwealth law to a provision of another law

For the purposes of sections 11 and 14, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of those sections.

18Fees and other money

All fees, penalties, fines and other money that, under this Act and the applied provisions, are authorised or directed to be payable by or imposed on any person (but not including an amount ordered to be refunded to another person) must be paid to the Commonwealth.

19Regulations of Territory

The Administrator may make regulations under this Act.

Part 7Repeal and transitional matters 20Act repeal

The Water Efficiency Labelling and Standards Act 2006 (Act No. 30 of 2006) is repealed.

21Transitional matters for

• (1)

  On the commencement date, anything that was in effect in relation to the former law immediately before the commencement date becomes a thing with the same effect in relation to this Act and the applied provisions.

• (2)

  In this section:

  commencement date means the date on which section 5 commences.

  former law means the Water Efficiency Labelling and Standards Act as in force before its repeal by section 20.

   

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Water Efficiency Labelling and Standards (National Uniform Legislation) Act 2014 (Act No. 21, 2014)
Assent date	2 June 2014
Commenced	2 June 2014

• 3

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: s 7.