Water Efficiency Labelling and Standards Amendment (Registration Fees) Act 2013
No. 64, 2013
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—Amendments
Water Efficiency Labelling and Standards Act 2005
Water Efficiency Labelling and Standards Amendment (Registration Fees) Act 2013
No. 64, 2013
An Act to amend the Water Efficiency Labelling and Standards Act 2005, and for related purposes
[Assented to 26 June 2013]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Water Efficiency Labelling and Standards Amendment (Registration Fees) Act 2013.
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. | 26 June 2013 |
2. Schedule 1 | At the same time as the Water Efficiency Labelling and Standards (Registration Fees) Act 2013 commences. | 27 June 2013 |
Note: This table relates only to the provisions of this Act as originally enacted.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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments
Water Efficiency Labelling and Standards Act 2005
1 Section 7 (definition of affected person)
Omit “and (3)”, substitute “, (3) and (4)”.
2 Paragraph 26(2)(c)
After “the fees”, insert “(other than fees imposed by the Water Efficiency Labelling and Standards (Registration Fees) Act 2013)”.
3 At the end of section 26 (after the note)
Add:
Registration fees
(8) The scheme formulated under subsection (1) may require or permit the Regulator to do any of the following:
(a) refuse, or refuse to consider, a registration application within the meaning of the Water Efficiency Labelling and Standards (Registration Fees) Act 2013 if a fee imposed by that Act is not paid, or is not paid within a period specified in the scheme;
(b) waive or refund, in whole or in part, a fee imposed by the Water Efficiency Labelling and Standards (Registration Fees) Act 2013.
Note: The Water Efficiency Labelling and Standards (Registration Fees) Act 2013 imposes fees for registration applications as taxes.
(9) A provision of the scheme formulated under subsection (1) for the purposes of subsection (8) has effect despite anything else in this Act (other than Part 11) or a corresponding State‑Territory law.
4 At the end of section 65
Add:
; (f) amounts equal to amounts received by the Commonwealth as fees imposed by the Water Efficiency Labelling and Standards (Registration Fees) Act 2013.
5 At the end of subsection 69(1)
Add:
; (c) a decision by the Regulator under the scheme formulated under subsection 26(1) to refuse a request (a waiver/refund request) to waive or refund, in whole or in part, a fee imposed by the Water Efficiency Labelling and Standards (Registration Fees) Act 2013.
6 At the end of section 69
Add:
(4) A person whose waiver/refund request is refused is the affected person for the purposes of a decision referred to in paragraph (1)(c).
[Minister’s second reading speech made in—
House of Representatives on 13 March 2013
Senate on 20 March 2013]
Overview
The Water Efficiency Labelling and Standards Amendment (Registration Fees) Act 2013 was enacted by the Parliament of Australia to amend the Water Efficiency Labelling and Standards Act 2005. This Act was introduced to address the need for clear regulation of registration fees associated with water efficiency labelling and standards. The Act aims to provide a framework for the Water Efficiency Labelling and Standards Scheme to manage registration fees effectively. As part of this legislative amendment, the Act specifies that the scheme can refuse or waive registration applications and refunds of fees, as imposed by the Water Efficiency Labelling and Standards (Registration Fees) Act 2013. The overarching policy objective is to ensure that the scheme operates efficiently and transparently, facilitating compliance with water efficiency standards while managing financial aspects appropriately.
Scope and Application
The Water Efficiency Labelling and Standards Amendment (Registration Fees) Act 2013 amends the Water Efficiency Labelling and Standards Act 2005, focusing on the registration fees imposed for water efficiency labelling and standards. The Act applies to entities and individuals engaged in the registration process for water efficiency labels, thereby affecting those involved in the manufacturing, importing, and supply of water-using products. Geographically, the Act operates at the Commonwealth level, with its provisions extending to all states and territories within Australia. It specifies that certain fees, as defined under the Water Efficiency Labelling and Standards (Registration Fees) Act 2013, are excluded from the scope of the Water Efficiency Labelling and Standards Act 2005. The Act also provides mechanisms for the refusal or waiver of these fees, as formulated by the scheme under section 26(1) of the original Act. This scheme allows the Regulator to refuse registration applications if the specified fees are not paid and to waive or refund fees in certain circumstances, subject to the Act's provisions and any subordinate instruments.
Key Provisions
The Water Efficiency Labelling and Standards Amendment (Registration Fees) Act 2013 introduces significant changes to the Water Efficiency Labelling and Standards Act 2005. Section 1 of the amending Act provides that it may be cited as the Water Efficiency Labelling and Standards Amendment (Registration Fees) Act 2013, while section 2 details the commencement of the Act. The primary provisions of this amending Act are contained in Schedule 1, which specifies amendments to the original Act.
Section 7 of the Water Efficiency Labelling and Standards Act 2005, concerning the definition of "affected person," is modified to include additional subparagraphs (3) and (4). Furthermore, paragraph 26(2)(c) of the same Act is amended to clarify that fees imposed by the Water Efficiency Labelling and Standards (Registration Fees) Act 2013 are excluded from the scope of the original fees. A new subsection (8) is added at the end of section 26, allowing the scheme formulated by the Regulator to refuse or refuse to consider a registration application if a fee under the Water Efficiency Labelling and Standards (Registration Fees) Act 2013 is not paid, or is not paid within the specified period. The scheme can also permit the Regulator to waive or refund such fees in whole or in part.
The Act imposes certain obligations on the parties governed by it. The Regulator, who is responsible for formulating the scheme, must consider the imposition of registration fees as outlined in the Water Efficiency Labelling and Standards (Registration Fees) Act 2013. The scheme must include provisions for refusing registration applications if fees are not paid within the specified timeframe, and it must also provide for the waiver or refund of these fees. The Act further stipulates that any decision by the Regulator to refuse a waiver or refund request is subject to the appeal process, and the person making the request is considered an affected party for the purposes of such a decision.
In terms of consequences for non-compliance, the Act does not explicitly outline specific offences or penalties within its text. However, it is implied that failure to adhere to the requirements of the scheme formulated by the Regulator could lead to legal actions under the Water Efficiency Labelling and Standards Act 2005. The maximum penalties for breaches of the Water Efficiency Labelling and Standards Act 2005 are not specified in the amending Act but are detailed in the original Act, which may include fines and imprisonment for serious violations.