Explanatory STatement
Issued by the Minister for the Environment and Heritage
Water Efficiency Labelling and Standards Act 2005
Water Efficiency Labelling and Standards Amendment Determination 2006 (No. 1)
The Water Efficiency Labelling and Standards Act 2005 (the Act) and the Water Efficiency Labelling and Standards Regulations 2005 establish a framework for mandating water efficiency labelling and standards (WELS) for a range of prescribed products. This legislation delivers a number of important water conservation benefits by enabling consumers to choose between products on the basis of water efficiency. The WELS Scheme will become mandatory on 1 July 2006.
Subsection 18(1) of the Act provides that the Commonwealth Minister may, by writing and in accordance with subsection 18(4), determine that water-use or water-saving products of a specified kind are WELS products. Subsection 19(1) of the Act provides that the WELS standard must set out criteria for rating the products in relation to either (or both) water efficiency and general performance, and must also set out requirements in relation to communicating such ratings on product labels.
Subsection 33(3) of the Acts Interpretation Act 1091 provides that where an Act confers a power to make, grant or issue any instrument (including rules, regulations or by-laws) the power shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
The Water Efficiency Labelling and Standards Determination 2005 (the Determination) prescribes the WELS products, and details the standard in the Australia/New Zealand Water efficient products–Rating and labelling Standard (AS/NZS 6400:2005) (the Standard). The Standard is a schedule to the Determination.
The Water Efficiency Labelling and Standards Amendment Determination
2006 (No. 1) amends the Determination to give effect to primarily technical and editorial changes to the Australia/New Zealand Water efficient products–Rating and labelling Standard (AS/NZS 6400:2005).
Section 1 provides that the name of the Determination is the Water Efficiency Labelling and Standards Amendment Determination 2006 (No. 1) (the Determination).
Section 2 provides that the Determination takes effect from the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 provides that Schedule 1 amends the Water Efficiency Labelling and Standards Determination 2005 by its substitution.
Pursuant to the Act and subsection 33(3) of the Acts Interpretation Act 1901, certain conditions need to be met before the power to make determinations concerning WELS products may be exercised. Subsection 18(4) of the Act requires that the Commonwealth Minister must have agreement to the terms of a determination from a majority of the participating States and Territories. Pursuant to subsection 18(5) of the Act, a participating State or Territory has corresponding State-Territory law for that State or Territory when it has been declared by the Commonwealth Minister.
This consultation process was undertaken and majority agreement reached. Broader consultation was not required as this instrument implements changes that are minor or machinery in nature that do not substantially change the law.
The Water Efficiency Labelling and Standards Amendment Determination
2006 (No. 1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commenced on the day after registration on the Federal Register of Legislative Instruments.