Water Efficiency Labelling and Standards Determination 2007

Administered by Department of the Environment and Energy

Legislation au F2007L00330 Not in force Legislative Instrument

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Explanatory STatement

 

Issued by the Minister for the Environment and Water Resources

Water Efficiency Labelling and Standards Act 2005

Water Efficiency Labelling and Standards Determination 2007

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 became 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 18(2) of the Act provides that a determination must set out, or incorporate by reference, the WELS standard for the 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 1901 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) prescribed 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 had been set out as a schedule to the Determination.

The Water Efficiency Labelling and Standards Determination 2007 amends the Determination to incorporate by reference the Australian and New Zealand Standard AS/NZS 6400:2005 (Incorporating Amendment Nos 1 and 2) Water efficient products—Rating and labelling Reissued incorporating Amendment No. 3 (AS/NZS 6400:2005). This has recently been updated primarily with technical and editorial changes.  The changes were made by Standards Australia under Amendment No. 3 to AS/NZS 6400—2005 Water efficient products—Rating and labelling.  In particular the changes clarify in Section 2 of AS/NZS 6400:2005 which specific elements of certain Australian Standards are applicable water efficiency performance requirements for WELS products for registration and compliance purposes. 

Section 1 of this Determination provides that the name of the Determination is the Water Efficiency Labelling and Standards Determination 2007.

Section 2 of this Determination provides that the Determination takes effect from the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 repeals the Water Efficiency Labelling and Standards Determination 2005.

 

Section 4 provides definitions for the Act, "set of minor products", and "WELS standard".

 

Section 5 defines the products as WELS products if the WELS standard applies to them.

 

Section 6 incorporates by reference the Australian and New Zealand Standard AS/NZS 6400:2005 (Incorporating Amendment Nos 1 and 2) Water efficient products—Rating and labelling Reissued incorporating Amendment No. 3 as the WELS Standard for the purposes of subsection 18 (2) of the Act.

 

Section 7 provides that for subsection 27 (1) of the Act, section 4 of, and Annex A to, the WELS standard sets out the manner and form in which application may be made for the registration of a WELS product.

 

Section 8 provides that for subsection 27 (2) of the Act, clauses 4.5, 4.6 and 4.7 of the WELS standard specify conditions that must be complied with in order for a WELS product to remain registered.

 

Section 9 provides the requirements for registration fees being the same requirements for fees that were provided for under the repealed Water Efficiency Labelling and Standards Determination 2005.

 

Section 10 provides the requirements including for registration fees for a set of minor products being the same requirements that were provided for under the repealed Water Efficiency Labelling and Standards Determination 2005.

 

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 the 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.  Nevertheless, the amendments were made under Standards Australia consensus arrangements incorporating participation by industry organisations, community groups and Australian, state and territory government representatives.  This process also involves public comment and member balloting processes.

The Water Efficiency Labelling and Standards Amendment Determination
2007 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 Australian Parliament to address the need for a comprehensive framework that promotes water conservation through the labelling and standardisation of water-efficient products. The Act, along with the accompanying regulations, established the Water Efficiency Labelling and Standards (WELS) Scheme, which became mandatory on 1 July 2006. This legislative framework empowers the Commonwealth Minister to determine which products should be subject to water efficiency labelling and standards, setting out criteria for rating and the communication of these ratings on product labels. The policy objective is to enable consumers to make informed choices based on water efficiency, thereby contributing to broader water conservation efforts. The Water Efficiency Labelling and Standards Determination 2007 updates the original 2005 determination to incorporate recent amendments to the Australian and New Zealand Standard AS/NZS 6400:2005, ensuring that the standards remain current and effective. This determination is made in accordance with the authority provided under the Acts Interpretation Act 1901 and requires majority agreement from participating States and Territories, reflecting a collaborative approach to water efficiency regulation.

Scope and Application

The Water Efficiency Labelling and Standards Act 2005 applies to a variety of products that consume or save water, with the objective of promoting water conservation by enabling consumers to make informed choices based on water efficiency. The Act mandates water efficiency labelling and standards (WELS) for these products, ensuring they meet specific criteria for water efficiency and general performance. The scope of the Act extends to both individual consumers and entities involved in the production, distribution, and sale of water-use or water-saving products. The geographic reach of the Act is national, as it applies across Australia, including the Commonwealth, states, and territories. The Act is implemented through subordinate instruments, such as the Water Efficiency Labelling and Standards Determination 2007, which incorporates the Australian and New Zealand Standard AS/NZS 6400:2005 as the WELS standard. This Determination outlines the specific products that fall under the WELS scheme, the criteria for their water efficiency ratings, and the requirements for communicating these ratings on product labels. Additionally, the Act allows for the amendment of these standards through further determinations, subject to consultation and agreement from a majority of participating states and territories.

Key Provisions

The main operative sections of the Water Efficiency Labelling and Standards Act 2005 (the Act) concern the establishment of water efficiency labelling and standards (WELS) for a range of prescribed products, as outlined in subsections 18(1) and 18(2). These provisions empower the Commonwealth Minister to determine that specific water-use or water-saving products are subject to the WELS. The Act mandates that these determinations must set out, or incorporate by reference, the WELS standard, which includes criteria for rating the products based on water efficiency and general performance, as well as requirements for communicating these ratings on product labels, as stipulated in subsection 19(1). The Water Efficiency Labelling and Standards Determination 2007 updates the previous Determination by incorporating the Australian and New Zealand Standard AS/NZS 6400:2005 (Incorporating Amendment Nos 1 and 2) Water efficient products—Rating and labelling Reissued incorporating Amendment No. 3, which includes technical and editorial changes aimed at clarifying the applicable standards for compliance purposes. The Act imposes several obligations on the entities it governs. Firstly, manufacturers and importers of WELS products must ensure that their products meet the specified WELS standards and are appropriately labelled. This includes adhering to the criteria for rating water efficiency and general performance and ensuring that the labels accurately reflect these ratings. The Act also mandates that these products undergo registration processes as outlined in section 7 of the Determination, which specifies the manner and form of application for registration. Furthermore, section 8 of the Determination details the conditions that must be met to maintain the registration of a WELS product, ensuring ongoing compliance with the WELS standards. The Water Efficiency Labelling and Standards Act 2005 and the associated regulations establish various offences and penalties for non-compliance. Under the Act, failure to comply with the WELS standards and labelling requirements can result in civil penalties. For instance, misleading or deceptive conduct in relation to water efficiency ratings may lead to significant fines. The maximum penalty for such offences is detailed in section 127 of the Act, which stipulates that an individual can be fined up to $222,222 and a body corporate up to $1,111,110 for each offence. Additionally, criminal penalties may apply for more severe breaches, such as wilful or negligent conduct, further underscoring the importance of compliance with the WELS standards and regulations.

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Area of Law
Environmental Law
Consumer Law
Instrument
Determination
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.