Water Efficiency Labelling and Standards Amendment Act 2011
No. 6, 2011
An Act to amend the Water Efficiency Labelling and Standards Act 2005, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendment of the Water Efficiency Labelling and Standards Act 2005
Water Efficiency Labelling and Standards Amendment Act 2011
No. 6, 2011
An Act to amend the Water Efficiency Labelling and Standards Act 2005, and for related purposes
[Assented to 22 March 2011]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Water Efficiency Labelling and Standards Amendment Act 2011.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 22 March 2011 |
2. Schedule 1 | The day after this Act receives the Royal Assent. | 23 March 2011 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in Column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Water Efficiency Labelling and Standards Act 2005
1 After subsection 19(3)
Insert:
(3A) If the WELS standard requires or permits the products to be registered, the WELS standard may require either or both of the following:
(a) that the products comply with requirements relating to plumbing that are contained in a specified document, as in force from time to time (including the Plumbing Code of Australia, or an Act or regulations made by a State or Territory, for example);
(b) that a specified type of person or body certifies that the products comply with requirements relating to plumbing that are contained in a specified document, as in force from time to time (including the Plumbing Code of Australia, or an Act or regulations made by a State or Territory, for example).
2 Paragraph 29(c)
Repeal the paragraph, substitute:
(c) the product does not satisfy:
(i) 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; or
(ii) a requirement under subsection 19(3A).
[Minister’s second reading speech made in—
Senate on 29 September 2010
House of Representatives on 21 February 2011]
Overview
The Water Efficiency Labelling and Standards Amendment Act 2011 (C2011A00006) was enacted by the Parliament of Australia to amend the Water Efficiency Labelling and Standards Act 2005. This legislation was introduced to address the need for more stringent requirements concerning the registration and certification of water-efficient products under the Water Efficiency Labelling and Standards (WELS) scheme. The amendment aimed to ensure that products meeting WELS standards also comply with plumbing requirements set out in specified documents, such as the Plumbing Code of Australia or relevant state and territory regulations. By mandating adherence to these plumbing standards, the Act sought to enhance the overall effectiveness of the WELS scheme in promoting water conservation.
The policy objective of the Water Efficiency Labelling and Standards Amendment Act 2011 was to improve the water efficiency of products by ensuring they met both water efficiency standards and plumbing requirements. This dual compliance approach was intended to provide consumers with more reliable information about the water efficiency of products, thereby encouraging the purchase of items that contribute to water conservation efforts. The Act's amendments were designed to strengthen the WELS scheme, ensuring it remained a robust tool in Australia's efforts to manage water resources sustainably.
Scope and Application
The Water Efficiency Labelling and Standards Amendment Act 2011 amends the Water Efficiency Labelling and Standards Act 2005 to enhance the water efficiency standards and labelling requirements for various products. This Act applies to products that require compliance with water efficiency standards, such as water-using appliances and fittings, which are subject to the Water Efficiency Labelling and Standards Scheme. It applies to all persons or entities involved in the manufacture, import, supply, and installation of these products within Australia. The geographic reach of the Act is national, encompassing all states and territories in Australia. The Act's provisions came into effect on 22 March 2011, with specific amendments taking effect the following day. The Act extends its application through subordinate instruments, allowing for the specification of detailed requirements and standards that products must meet. Additionally, the Act includes provisions for exclusions and exemptions, as well as thresholds that determine which products are subject to the water efficiency standards and labelling requirements.
Key Provisions
The Water Efficiency Labelling and Standards Amendment Act 2011 (C2011A00006) amends the Water Efficiency Labelling and Standards Act 2005 (WELS Act). The operative sections of the Amendment Act include the insertion of a new subsection 19(3A) into the WELS Act, which allows the Water Efficiency Labelling and Standards (WELS) standard to require or permit products to be registered. This registration can mandate compliance with plumbing requirements, as specified in documents such as the Plumbing Code of Australia or state/territory regulations, or certification by a specified person or body that the products meet these plumbing requirements. Additionally, the Amendment Act repeals and replaces paragraph 29(c) of the WELS Act to clarify that a product does not satisfy the WELS standard if it fails to meet minimum water efficiency or general performance requirements, or any plumbing requirements stipulated under subsection 19(3A).
Entities and parties governed by the WELS Act must comply with these amendments, ensuring that any registered products meet the specified plumbing requirements. If the WELS standard requires registration, entities must either ensure that products comply with the relevant plumbing standards or have them certified by a specified individual or body. This means that products must meet stringent water efficiency and plumbing performance criteria to avoid non-compliance with the WELS standard. Failure to meet these requirements can result in products being deemed non-compliant and potentially barred from the market.
The Amendment Act introduces potential civil or criminal consequences for non-compliance. While the specific penalties are not detailed in the text, the WELS Act generally provides for enforcement actions against entities that fail to comply with its requirements. These actions can include fines, legal proceedings, and other penalties as prescribed under the broader legislative framework. The maximum penalties would typically align with those outlined in the WELS Act or related legislation, which could include significant fines for individuals and corporations found in breach of the water efficiency and plumbing standards.