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.
Overview
The Water Efficiency Labelling and Standards Act 2005 was enacted by the Parliament of Australia to address the need for improved water efficiency and conservation within the country. This Act established a framework to mandate water efficiency labelling and standards (WELS) for a range of prescribed products, empowering consumers to make informed choices based on water efficiency. The policy objective of the Act is to promote water conservation and efficient water use across various sectors by providing transparent and standardised information on product water efficiency. The Water Efficiency Labelling and Standards Amendment Determination 2006 (No. 1) was subsequently introduced to implement technical and editorial changes to the Australia/New Zealand Water efficient products–Rating and labelling Standard (AS/NZS 6400:2005), ensuring the ongoing effectiveness and relevance of the WELS Scheme.
Scope and Application
The Water Efficiency Labelling and Standards Act 2005 applies to entities and individuals involved in the manufacture, importation, supply, and labelling of water-use and water-saving products within Australia. The Act establishes a national framework for mandating water efficiency labelling and standards (WELS) for prescribed products, enabling consumers to make informed choices based on water efficiency. The Act's application extends across the Commonwealth, with participating States and Territories having corresponding State-Territory laws once declared by the Commonwealth Minister. The Act allows the Commonwealth Minister to determine, by written determination and with majority agreement from participating States and Territories, which products will be subject to WELS. The Water Efficiency Labelling and Standards Amendment Determination 2006 (No. 1) provides for technical and editorial amendments to the Australia/New Zealand Water efficient products–Rating and labelling Standard (AS/NZS 6400:2005), which is prescribed in the Water Efficiency Labelling and Standards Determination 2005. This amendment determination commenced on the day after its registration on the Federal Register of Legislative Instruments and modifies the original determination to incorporate these changes.
Key Provisions
The Water Efficiency Labelling and Standards Amendment Determination 2006 (No. 1) (the Amendment Determination) amends the existing Water Efficiency Labelling and Standards Determination 2005 (the Determination). This Amendment Determination, which came into effect from the day after it was registered on the Federal Register of Legislative Instruments, introduces technical and editorial changes to the Australia/New Zealand Water efficient products–Rating and labelling Standard (AS/NZS 6400:2005) (the Standard). Section 1 of the Amendment Determination specifies its name, while Section 2 sets out that it takes effect from the day after its registration. Section 3 then provides that Schedule 1 amends the 2005 Determination by substituting it, thereby incorporating the changes made by the Amendment Determination.
The primary obligation under this legislation is for entities to comply with the amended WELS standard, which reflects the updated technical and editorial changes to the Australia/New Zealand Standard. Manufacturers, importers, and suppliers of water-use or water-saving products must ensure that their products meet the new criteria for rating and labelling as per the amended Standard. This includes ensuring that product labels communicate the water efficiency ratings accurately and that the products meet the specified requirements for water efficiency and general performance.
Failure to comply with the requirements of the Water Efficiency Labelling and Standards Act 2005 and the subsequent determinations can lead to various legal consequences. Although specific penalties are not detailed in the provided explanatory statement, it is known that breaches of the Act or the Regulations could result in civil or criminal penalties, depending on the nature and severity of the breach. The penalties could include fines and other enforcement actions, which are typically stipulated in the regulations themselves. Additionally, non-compliance could also result in product recalls, injunctions, or other corrective measures to ensure that the products meet the required standards.
The Amendment Determination ensures that the WELS framework remains current and effective by addressing any technical or editorial issues in the original Standard. By amending the 2005 Determination, the Amendment Determination maintains the integrity of the labelling and standards system, thereby supporting the broader objectives of water conservation and informed consumer choice. This legislative action underscores the commitment to a consistent and reliable water efficiency rating and labelling system in Australia.