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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 32
As received from the Legislative Council and read a first
time, 20 June 2006
South Australia
Water
Efficiency Labelling and Standards Bill 2006
A Bill For
An
Act to provide for water efficiency labelling and standards as part of a
cooperative scheme between the Commonwealth and the States and Territories; and
for other purposes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Objects of Act
3A Numbering consistent with Commonwealth
Act
4 Act binds Crown
Part 2—Interpretation
7 Definitions
Part 3—National WELS scheme
8 WELS scheme to be national
cooperative scheme
10 Relationship to other State laws
12 Meaning of corresponding law
16 No doubling up of liabilities
Part 4—WELS products and WELS
standards
20 Meaning of WELS labelled
Part 5—WELS Regulator
22 Functions of Regulator
23 Powers of Regulator
24 Arrangements with other agencies
25 Delegation
Part 6—Registration of WELS
products
26 Applying for registration
27 Documentation etc to be provided with
application for registration
28 Registration of products
29 Grounds for refusing to register
30 Period of registration
31 Cancelling or suspending registration
Part 7—Offences relating to
supply of WELS products
Division 1—Applicable WELS
standards
32 Meaning of applicable WELS standard
Division 2—Registration and
labelling
33 Registration requirement
34 Labelling registered products
Division 3—Minimum efficiency
and performance requirements
35 Minimum water efficiency—products
required to be registered
36 Minimum general performance—products
required to be registered
Division 4—Misuse of WELS
standards etc
37 Misuse of WELS standards and
information
38 Information inconsistent with WELS
standards
39 Using information in supply of
products
Division 5—Extensions of
criminal responsibility
39A Attempts
39B False or misleading information or
document
Part 8—Other enforcement
Division 2—Publicising
offences
41 Regulator may publicise offences
Division 3—Enforceable
undertakings
42 Acceptance of undertakings
43 Enforcement of undertakings
Division 4—Injunctions
44 Injunctions
Part 9—WELS inspectors
Division 1—Appointment of WELS
inspectors
45 Regulator may appoint WELS inspectors
46 Identity cards
46A Offences in relation to WELS inspectors
Division 2—Powers of WELS
inspectors
47 Purposes for which powers can be used
48 Inspection powers—public areas of WELS
business premises
49 Inspection powers—with consent
50 Refusing consent is not offence
51 Inspection powers—with warrant
52 Announcement before entry under
warrant
53 Copy of warrant to be given to
occupier
54 Occupier must provide inspector with
facilities and assistance
55 Seizing or securing evidential
material
56 Holding evidential material for more
than 90 days
57 Returning evidential material
Division 3—Applying for
warrants to enter WELS premises
58 Ordinary warrants
59 Warrants by telephone, fax etc
Division 4—Giving WELS
information to WELS inspectors
60 Meaning of person who has WELS
information
61 Regulator may require person to
provide information
62 Regulator may require person to appear
before WELS inspector
62A False or misleading information or
documents
Division 5—Privilege against
self incrimination
63 Privilege against self incrimination
not affected
Part 10—Money
Division 1—WELS Account
65 Credits to WELS Account
66 Purpose of WELS Account
Division 2—Charging fees etc
67 Regulator may charge for services
68 Recovery of amounts
Part 11—Review of decisions
69 Meaning of reviewable decision and
affected person
70 Notification of decisions and review
rights
71 Internal review
72 Review of decisions by District Court
Part 12—Miscellaneous
72A Imputation in proceedings of conduct or
state of mind of officer, employee etc
72B Liability of officers of body corporate
73 Compensation for damage to electronic
equipment
75 Annual report
76 Review of operation of WELS scheme
77 Regulations
Schedule 1—Comparison with
Commonwealth Act
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Water Efficiency Labelling and
Standards Act 2006.
This Act will come into operation on a day to be fixed by
proclamation.
The objects of this Act are as follows:
(a) to
conserve water supplies by reducing water consumption;
(b) to
provide information for purchasers of water use and water saving products;
(c) to
promote the adoption of efficient and effective water use and water saving
technologies.
3A—Numbering consistent with Commonwealth Act
(1) A
provision of this Act for which there is a corresponding provision in the
Commonwealth Act is given the number of the corresponding provision.
(2) A
provision of this Act for which there is no corresponding provision in the
Commonwealth Act is given a number that includes a capital letter.
Note—
Schedule 1 contains a table comparing the provisions of the
Commonwealth Act as at the date that Act came into operation with the
provisions of this Act as at its date of assent.
This Act binds the Crown in right of this State and also, so far
as the legislative power of the State extends, the Crown in all its other
capacities, but not so as to impose any criminal liability on the Crown.
In this Act—
affected person—section 69(2) and (3);
agency—
(a) in
relation to the Commonwealth, includes the following:
(i) an
Agency within the meaning of the Financial Management and Accountability Act
1997 of the Commonwealth;
(ii) a
body corporate established for a public purpose under a law of the
Commonwealth; and
(b) in
relation to this or another State or a Territory, includes the following:
(i) an
administrative unit within the meaning of the Public Sector Management
Act 1995;
(ii) a
Department of State (however described) of another State or a Territory;
(iii) a
body corporate established for a public purpose under a law of the State or
Territory;
applicable WELS standard—see section 32;
Commonwealth Act means the Water Efficiency Labelling and Standards Act 2005
of the Commonwealth;
Commonwealth Minister has the same meaning as in the Commonwealth Act;
corresponding law—see section 12;
damage, in relation to data, includes damage by erasure of data or
addition of other data;
evidential material means any thing that may be relevant to the investigation
or prosecution of an offence against this Act;
information used for, or in relation to, the supply of a
product—see
section 39;
occupier, in relation to premises, includes a person who apparently represents
the occupier of the premises;
officer of a body corporate means—
(a) a
director of the body corporate; or
(b) the
chief executive officer of the body corporate; or
(c) a
receiver or manager of property of the body corporate or a liquidator of the
body corporate,
and includes, in relation to a contravention or alleged
contravention of this Act by the body corporate, an employee of the body
corporate with management responsibilities in respect of the matters to which
the contravention or alleged contravention related;
person who has WELS information—see section 60;
registered means registered under a WELS standard;
Regulator means the Regulator established by section 21 of the Commonwealth
Act;
reviewable decision—see section 69(1);
supply means—
(a) supply
for consideration; or
(b) offer
to supply for consideration;
water saving product means a device, appliance or fitting that—
(a) is
not a water use product; and
(b) is
designed to operate in place of a water use product;
water use product means a device, appliance or fitting through which, or
into which, water flows as part of its normal operation;
WELS business premises means WELS premises that are open to the
public on a regular basis;
WELS inspector means a person appointed under section 45(1);
WELS labelled—see section 20(1);
WELS premises means premises used for, or in connection with, the supply of 1
or more WELS products;
WELS product means a WELS product within the meaning of the Commonwealth Act;
WELS scheme means the water efficiency labelling and standards scheme
established by this Act and corresponding laws;
WELS standard, in relation to a WELS product, means the WELS standard set out
for the product in the determination under section 18(1) of the Commonwealth
Act.
8—WELS scheme to be national cooperative scheme
It is the intention of the Parliament that this Act form a part of
a cooperative scheme between the Commonwealth and the States and Territories to
provide for national water efficiency labelling and standards.
10—Relationship to other State laws
The provisions of this Act are in addition to, and do not limit or
derogate from, the provisions of any other law of the State.
12—Meaning of corresponding law
For the purposes of this Act—
corresponding law means—
(a) the
Commonwealth Act; or
(b) a
corresponding State-Territory law within the meaning of the Commonwealth Act,
other than this Act.
16—No doubling up of liabilities
(1) If—
(a) an
act or omission is an offence against this Act and is also an offence against
the Commonwealth Act; and
(b) the
offender has been punished for the offence under the Commonwealth Act,
the offender is not liable to be punished for the offence under
this Act.
(2) If
a person has paid, or been ordered to pay, a pecuniary penalty under the
Commonwealth Act, the person is not liable to a pecuniary penalty under this
Act in respect of the same conduct.
Part 4—WELS products and WELS standards
(1) A
product is WELS labelled if it is labelled in accordance with
requirements set out in the WELS standard for products of that kind.
(2) Such requirements may relate to 1 or more
of the following:
(a) the
characteristics, contents, placement and quality of labels attached to products
or displayed on product packaging;
(b) documents
or other material used for, or provided in connection with, the supply of the
product;
(c) advertising
the product.
The Regulator has the following functions:
(a) to
administer the WELS scheme;
(b) to
undertake or commission research in relation to water use and water saving
products;
(c) to
provide advice in relation to determining that water use or water saving
products are WELS products;
(d) to
undertake or commission research in relation to WELS standards;
(e) to
assist in the development of WELS standards;
(f) to
provide information and advice to the Minister about the operation of WELS
standards;
(g) to
provide information and advice to—
(i) the
Minister; and
(ii) the
chief executive of the administrative unit within the meaning of the Public
Sector Management Act 1995 that deals with the matters to which this
Act relates; and
(iii) the
public,
about the operation of the WELS scheme;
(h) to
undertake or commission research in relation to the effectiveness of WELS
standards in relation to reducing water usage;
(i) such
other functions as are conferred on the Regulator by this Act or any other law.
Subject to this Act, the Regulator has power to do all things
necessary or convenient to be done for or in connection with the performance of
the Regulator's functions.
24—Arrangements with other agencies
The Regulator may make an arrangement with an agency of the State
for the services of officers or employees of the agency to be made available to
assist the Regulator in the performance of the functions or duties, or the
exercise of the powers, of the Regulator.
(1) The Regulator may, by writing, delegate 1
or more of the Regulator's powers or functions under this Act to 1 or more of
the following:
(a) an
officer or employee of an agency of the State;
(b) an
officer or employee of an agency of the Commonwealth;
(c) an
officer or employee of an agency of another State or a Territory.
(2) However,
the Regulator must not delegate a power or function, under subsection (1),
to an officer or employee of an agency of the State without the agreement of
the State.
(3) A
delegate of the Regulator is, in the exercise of the delegate's delegated
powers and functions, subject to the Regulator's directions.
(4) A
delegation is revocable at will and does not derogate from the power of the
Regulator to act in a matter.
Part 6—Registration of WELS products
(1) The
manufacturer of a WELS product may apply in writing to the Regulator for
registration of the product.
(2) A
person who is not the manufacturer of a WELS product is taken to be the
manufacturer of the product for the purposes of subsection (1) and
section 31(3)(b) if that person would be taken to be the manufacturer of
the product for the purposes of sections 26(1) and 31(3)(b) of the Commonwealth
Act.
27—Documentation etc to be provided with application for registration
(1) An application for registration of a WELS
product must be made in the manner and form determined in writing by the
Commonwealth Minister under section 27(1) of the Commonwealth Act, and
must be accompanied by—
(a) any
documentation (including test results and sample labels) specified in the
determination; and
(b) any
registration fee specified in the determination.
(2) A
determination referred to in subsection (1) may also specify conditions
that must be complied with in order for a product to remain registered.
(1) If—
(a) an
application is made for registration of a WELS product; and
(b) the
Regulator does not refuse to register the product under section 29,
the Regulator must, by notice published in the Commonwealth of
Australia Gazette, register the product.
(2) The
Regulator must give the applicant written notice of the registration or
refusal.
(3) If, at the end of the period of 3 months
that begins on the day on which the application is made—
(a) a
notice registering the product has not been published in the Commonwealth of
Australia Gazette; and
(b) the
applicant has not been notified under subsection (2) that the Regulator
has refused to register the product,
the Regulator is taken to have refused to register the product.
29—Grounds for refusing to register
The Regulator may refuse to register a
WELS product if—
(a) the
application is not made in accordance with the applicable determination under
section 27(1) of the Commonwealth Act; or
(b) the
Regulator is not satisfied that all of the information provided in the
application is accurate; or
(c) the
product does not satisfy 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.
(1) Unless subsection (2) applies, a WELS
product that is registered remains registered until the first of the following
happens:
(a) the
registration is cancelled or suspended under section 31;
(b) the
period of 5 years that begins on the day on which the product is registered
ends.
(2) If—
(a) a
WELS product is registered under a WELS standard (the first WELS standard);
and
(b) the
first WELS standard is replaced,
the product remains registered under the first WELS standard until
the first of the following happens:
(c) the
product is registered under a WELS standard other than the first WELS standard;
(d) the
period of 1 year that begins on the day on which the first WELS standard was
replaced ends.
(3) If
the Commonwealth Minister, by writing, determines that, for specified purposes,
the period of 1 year mentioned in section 30(2)(d) of the Commonwealth Act is
extended by a further specified period, the period of 1 year mentioned in
subsection (2)(d) of this section is extended for the same purposes by the
same further period.
31—Cancelling or suspending registration
(1) The Regulator may, by notice published in
the Commonwealth of Australia Gazette, cancel or suspend the registration of a
WELS product if—
(a) registration
conditions are not complied with (see section 27(2)); or
(b) the
Regulator is satisfied that information provided in the application for
registration of the product—
(i) was
not accurate at the time of the application; or
(ii) is
no longer accurate because changes have been made to the product.
(2) If
the Regulator cancels or suspends the registration of a WELS product under
subsection (1), the Regulator must give written notice of the cancellation
or suspension to the person on whose application the product was registered.
(3) The Regulator must, by notice published in
the Commonwealth of Australia Gazette, cancel the registration of a WELS
product if—
(a) the
WELS standard included in the most recent determination made under section 18(1)
of the Commonwealth Act that relates to products of that kind does not require
the product to be registered; and
(b) the
manufacturer on whose application the product was registered makes a written
request to the Regulator for the registration to be cancelled.
Part 7—Offences relating to supply of WELS
products
Division 1—Applicable WELS standards
32—Meaning of applicable WELS standard
(1) The
applicable WELS standard for a WELS product that is registered is
the WELS standard under which the product is registered.
(2) The
applicable WELS standard for a WELS product that is not
registered is the WELS standard included in the most recent determination made
under section 18(1) of the Commonwealth Act that relates to products of that
kind.
Division 2—Registration and labelling
A person commits an offence if—
(a) the
person supplies a WELS product; and
(b) the
applicable WELS standard requires the product to be registered for the purposes
of the supply; and
(c) the product is not registered.
Maximum penalty:
(a) in
the case of a body corporate—$33 000;
(b) in any other case—$6 600.
Expiation fee:
(a) in
the case of a body corporate—$6 600;
(b) in
any other case—$1 320.
34—Labelling registered products
A person commits an offence if—
(a) the
person supplies a WELS product; and
(b) the
product is registered; and
(c) the
applicable WELS standard requires registered products to be WELS labelled for
the purposes of the supply; and
(d) the product is not WELS labelled.
Maximum penalty:
(a) in
the case of a body corporate—$33 000;
(b) in any other case—$6 600.
Expiation fee:
(a) in
the case of a body corporate—$6 600;
(b) in
any other case—$1 320.
Division 3—Minimum efficiency and
performance requirements
35—Minimum water efficiency—products required to be registered
A person commits an offence if—
(a) the
person supplies a WELS product; and
(b) the
applicable WELS standard requires the product—
(i) to
be registered for the purposes of the supply; and
(ii) to
comply with minimum water efficiency requirements for the purposes of the
supply; and
(c) the product does not comply with those
minimum water efficiency requirements.
Maximum penalty:
(a) in
the case of a body corporate—$33 000;
(b) in any other case—$6 600.
Expiation fee:
(a) in
the case of a body corporate—$6 600;
(b) in
any other case—$1 320.
36—Minimum general performance—products required to be registered
A person commits an offence if—
(a) the
person supplies a WELS product; and
(b) the
applicable WELS standard requires the product—
(i) to
be registered for the purposes of the supply; and
(ii) to
comply with minimum general performance requirements for the purposes of the
supply; and
(c) the product does not comply with those
minimum general performance requirements.
Maximum penalty:
(a) in
the case of a body corporate—$33 000;
(b) in any other case—$6 600.
Expiation fee:
(a) in
the case of a body corporate—$6 600;
(b) in
any other case—$1 320.
Division 4—Misuse of WELS standards etc
37—Misuse of WELS standards and information
A person commits an offence if the person—
(a) supplies
a WELS product; and
(b) uses
a WELS standard, or information included in a WELS standard, for, or in
relation to, the supply of the product; and
(c) uses the standard, or information, in a
manner that is inconsistent with the standard.
Maximum penalty:
(a) in
the case of a body corporate—$33 000;
(b) in any other case—$6 600.
Expiation fee:
(a) in
the case of a body corporate—$6 600;
(b) in
any other case—$1 320.
38—Information inconsistent with WELS standards
A person commits an offence if—
(a) the
person uses information for, or in relation to, the supply of a WELS product;
and
(b) the information is inconsistent with the
information contained in the applicable WELS standard for the product.
Maximum penalty:
(a) in
the case of a body corporate—$33 000;
(b) in any other case—$6 600.
Expiation fee:
(a) in
the case of a body corporate—$6 600;
(b) in
any other case—$1 320.
39—Using information in supply of products
(1) For the purposes of sections 37 and
38, information is used for, or in relation to, the supply of a product
if the information is conveyed on, or by—
(a) a
label attached to the product; or
(b) the
packaging in which the product is supplied; or
(c) any
document or other material used for, or provided in connection with, the supply
of the product; or
(d) any
advertising that relates to the product.
(2) Subsection (1)
does not limit the general meaning of words used in sections 37 and 38.
Division 5—Extensions of criminal responsibility
(1) A
person who attempts to commit an offence against Division 2, Division 3 or
Division 4 (the relevant offence) is guilty of the offence of
attempting to commit that offence and is liable to a fine not exceeding 60% of
the maximum fine specified for the relevant offence.
(2) A person is not guilty of attempting to
commit an offence against Division 2, Division 3 or Division 4 unless the
conduct of the person is—
(a) more
than merely preparatory to the commission of the offence; and
(b) immediately
and not remotely connected with the commission of the offence.
(3) For a person to be guilty of attempting to
commit an offence against Division 2, Division 3 or Division 4, the person must—
(a) intend
that the offence the subject of the attempt be committed; and
(b) intend
or believe that any fact or circumstance the existence of which is an element
of the offence will exist at the time the offence is to take place.
(4) A
person may be guilty of attempting to commit an offence against Division 2,
Division 3 or Division 4 despite the existence of facts of which the person is
unaware which make the commission of the offence attempted impossible.
39B—False or misleading information or document
A person must not—
(a) in
connection with an application made to the Regulator under this Act; or
(b) in
compliance or purported compliance with this Act (other than Part 9 Division
4),
do either of the following:
(c) give
information (whether orally or in writing) that the person knows to be false or
misleading in a material particular;
(d) produce
a document that the person knows to be false or misleading in a material
particular without—
(i) indicating
to the person to whom the document is produced that it is false or misleading,
and the respect in which it is false or misleading; and
(ii) providing correct information to that
person, if the person producing the document is in possession of, or can
reasonably acquire, the correct information.
Maximum penalty:
(a) in
the case of a body corporate—$33 000;
(b) in
any other case—imprisonment for 1 year or $6 600.
Division 2—Publicising offences
41—Regulator may publicise offences
(1) The
Regulator may publicise, in any way he or she thinks appropriate, an offence
against this Act for which a person has been convicted.
(2) This Division does not—
(a) limit
the Regulator's powers to publicise an offence against this Act; or
(b) prevent
anyone else from publicising an offence against this Act; or
(c) affect
any obligation (however imposed) on anyone to publicise an offence against this
Act.
Division 3—Enforceable undertakings
(1) The Regulator may accept a written
undertaking given by a person in connection with a matter relating to—
(a) complying
with a WELS standard; or
(b) complying
with a registration condition (see section 27(2)).
(2) The
person may withdraw or vary the undertaking at any time, but only with the
consent of the Regulator.
43—Enforcement of undertakings
(1) If
the Regulator considers that a person who gave an undertaking under
section 42 has breached any of its terms, the Regulator may apply to the
District Court for an order under subsection (2).
(2) If the District Court is satisfied that the
person has breached a term of the undertaking, the Court may make 1 or more of
the following orders:
(a) an
order directing the person to comply with that term of the undertaking;
(b) an
order directing the person to pay to the State an amount up to the amount of
any financial benefit that the person has obtained directly or indirectly and
that is reasonably attributable to the breach;
(c) any
order that the Court considers appropriate directing the person to compensate
any other person who has suffered loss or damage as a result of the breach;
(d) any
other order that the Court considers appropriate.
(1) If a person has engaged, is engaging or is
proposing to engage in conduct that constituted, constitutes or would
constitute, an offence against this Act, the District Court may, on the
application of the Regulator, grant an injunction—
(a) restraining
the person from engaging in the conduct; or
(b) requiring
the person to do an act or thing.
(2) On
an application, the Court may, if it thinks it appropriate, grant an injunction
by consent of all parties to the proceedings, whether or not the Court is
satisfied that the person has engaged, is engaging or is proposing to engage in
any conduct that constituted, constitutes or would constitute, an offence
against this Act.
(3) The
Court may, if it thinks it desirable, grant an interim injunction pending its
determination of an application.
(4) The
Court is not to require the Regulator or anyone else, as a condition of
granting an interim injunction, to give an undertaking as to damages.
(5) The
Court may discharge or vary an injunction it has granted.
(6) The power to grant or vary an injunction
restraining a person from engaging in conduct may be exercised—
(a) whether
or not it appears to the Court that the person intends to engage again, or to
continue to engage, in such conduct; and
(b) whether
or not the person has previously engaged in such conduct.
(7) The power to grant or vary an injunction
requiring a person to do an act or thing may be exercised—
(a) whether
or not it appears to the Court that the person intends to refuse or fail again,
or to continue to refuse or fail, to do that act or thing; and
(b) whether
or not the person has previously refused or failed to do that act or thing and
whether or not there is an imminent danger of substantial damage to any person
if the person refuses or fails to do that act or thing.
Division 1—Appointment of WELS inspectors
45—Regulator may appoint WELS inspectors
(1) The Regulator may, by writing, appoint any
of the following as a WELS inspector:
(a) an
officer or employee of an agency of the State;
(b) an
officer or employee of an agency of the Commonwealth.
(2) However,
the Regulator must not appoint an officer or employee of an agency of the State
as a WELS inspector without the agreement of the State.
(3) In
exercising his or her powers or performing his or her functions a WELS
inspector must comply with any direction of the Regulator.
(1) The
Regulator must issue an identity card to each WELS inspector.
(2) The identity card must—
(a) be
in the form prescribed by the regulations made under the Commonwealth Act; and
(b) contain
a recent photograph of the WELS inspector.
(3) A person commits an offence if—
(a) the
person has been issued with an identity card; and
(b) the
person ceases to be a WELS inspector; and
(c) the person does not return the identity
card to the Regulator as soon as practicable.
Maximum penalty: $110.
(4) A
WELS inspector must carry his or her identity card at all times when exercising
powers or performing functions as a WELS inspector.
(5) A WELS inspector is not entitled to
exercise any powers under this Part in relation to premises if—
(a) the
occupier of the premises has required the WELS inspector to produce his or her
identity card for inspection by the occupier; and
(b) the
WELS inspector fails to comply with the requirement.
46A—Offences in relation to WELS inspectors
(1) A person must not, without reasonable
excuse, hinder or obstruct a WELS inspector who is exercising a power under
this Act.
Maximum penalty:
(a) in
the case of a body corporate—$33 000;
(b) in
any other case—$6 600.
(2) A person who is not a WELS inspector must
not, in any way, hold himself or herself out to be a WELS inspector.
Maximum penalty: $6 600.
Division 2—Powers of WELS inspectors
47—Purposes for which powers can be used
A WELS inspector may exercise the powers
set out in this Division for the following purposes:
(a) determining
whether a person is complying with this Act;
(b) investigating
a possible offence against this Act.
48—Inspection powers—public areas of WELS business premises
(1) For the purposes set out in section 47,
a WELS inspector may do 1 or more of the following in a public area of WELS
business premises when the premises are open to the public:
(a) inspect
WELS products;
(b) purchase
any WELS product that is available for sale;
(c) inspect
or collect written information, advertising or any other document that is
available, or made available, to the public;
(d) discuss
product features with any person;
(e) observe
practices relating to the supply of products.
(2) Subsection (1)
does not affect any right of the occupier of the premises to refuse to allow a
WELS inspector to enter, or remain on, the premises.
49—Inspection powers—with consent
(1) A
WELS inspector may enter WELS premises and exercise the powers set out in
subsection (3) if the occupier of the premises consents to the entry and
the exercise of those powers.
(2) Before
obtaining consent, the WELS inspector must inform the occupier that he or she
may refuse consent, or withdraw consent, at any time.
(3) For the purposes set out in
section 47, a WELS inspector who enters WELS premises in accordance with
subsection (1) may do 1 or more of the following:
(a) search
the premises and any thing (including a vehicle) on the premises;
(b) inspect,
examine, take measurements of or conduct tests on any thing on the premises;
(c) take
photographs, make video or audio recordings or make sketches of the premises or
any thing on the premises;
(d) inspect
any book, record or document on the premises;
(e) take
extracts from or make copies of any such book, record or document;
(f) take
onto the premises such equipment and materials as the WELS inspector requires
for the purposes of exercising powers in relation to the premises;
(g) operate
equipment on the premises for the purposes of gaining access to a document or
record relating to 1 or more WELS products.
50—Refusing consent is not offence
The occupier of WELS premises does not
commit an offence if—
(a) the
occupier refuses to allow a WELS inspector to enter, or remain on, the
premises; and
(b) the
WELS inspector does not have a warrant to enter the premises.
51—Inspection powers—with warrant
(1) A
WELS inspector may enter WELS premises and exercise the powers set out in
subsection (2) if the WELS inspector has a warrant for the entry.
(2) For the purposes set out in
section 47, a WELS inspector who enters WELS premises under warrant may do
1 or more of the following:
(a) exercise
1 or more of the powers set out in section 49(3);
(b) require
any person on the premises to—
(i) answer
any questions put by the WELS inspector; and
(ii) produce
any book, record or document requested by the WELS inspector;
(c) seize
or secure any evidential material on the premises.
(3) A person commits an offence if—
(a) the
person is required to answer a question or produce a book, record or document
under subsection (2)(b); and
(b) the person does not answer the question or
produce the book, record or document.
Maximum penalty: $6 600.
52—Announcement before entry under warrant
(1) A WELS inspector must, before entering WELS
premises under a warrant—
(a) announce
that he or she is authorised to enter the premises; and
(b) give
any person on the premises an opportunity to allow entry to the premises.
(2) A
WELS inspector is not required to comply with subsection (1) if he or she
believes on reasonable grounds that immediate entry to the premises is required
to ensure that the effective execution of the warrant is not frustrated.
53—Copy of warrant to be given to occupier
(1) If a warrant in relation to WELS premises
is being executed and the occupier of the premises is present at the premises,
the WELS inspector must—
(a) give
a copy of the warrant to the occupier; and
(b) identify
himself or herself to the occupier.
(2) The
copy of the warrant does not need to include the signature of the magistrate
who issued the warrant.
54—Occupier must provide inspector with facilities and assistance
A person commits an offence if—
(a) the
person is the occupier of WELS premises; and
(b) a
WELS inspector enters the premises under a warrant; and
(c) the person does not provide the WELS
inspector with all reasonable facilities and assistance for the effective
execution of the warrant.
Maximum penalty:
(a) in
the case of a body corporate—$16 500;
(b) in
any other case—$3 300.
55—Seizing or securing evidential material
(1) If
a WELS inspector seizes or secures evidential material on WELS premises, the
WELS inspector must give the occupier of the premises a receipt for the
material.
(2) The
Regulator may make copies of the material.
(3) The
Regulator may examine or test the material, even though that might result in
damage or destruction of the material or a reduction in its value.
(4) The Regulator must return or release the
material when the first of the following occurs:
(a) the
material is no longer needed for the purposes for which it was seized or
secured;
(b) the
period of 90 days that begins on the day on which the material was seized or
secured ends.
56—Holding evidential material for more than 90 days
(1) Despite section 55(4)(b), the
Regulator may—
(a) apply
to the Magistrates Court for an order allowing possession or control of
evidential material for such further period as is specified in the order; and
(b) if
the Magistrates Court makes such an order—so retain possession or control of
the material.
(2) In
determining the application, the Magistrates Court must allow the owner of the
material to appear and be heard.
(3) The
Magistrates Court must not make an order allowing possession or control of the
material for a further period unless it is satisfied that the order is
necessary for the purposes of prosecuting an offence against this Act.
57—Returning evidential material
If the Regulator cannot, despite making reasonable efforts, locate
the owner of evidential material, the Regulator may dispose of the material in
such manner as the Regulator thinks appropriate.
Division 3—Applying for warrants to enter
WELS premises
(1) A
WELS inspector may apply to a magistrate for the issue of a search warrant in
relation to particular WELS premises.
(2) The magistrate may issue the warrant if the
magistrate is satisfied, by evidence on oath or by affidavit, that it is
necessary to enter the WELS premises for 1 or more of the following purposes:
(a) determining
whether a person is complying with this Act;
(b) investigating
a possible offence against this Act.
(3) However,
the magistrate must not issue the warrant unless the WELS inspector or some other
person has given to the magistrate, either orally or by affidavit, such further
information (if any) as the magistrate requires concerning the grounds on which
the issue of the warrant is being sought.
(4) The warrant must—
(a) authorise
the WELS inspector to enter the premises using such assistance and such force
to enter the premises as is necessary and reasonable; and
(b) state
whether the entry is authorised to be made at any time of the day or night or
during specified hours of the day or night; and
(c) specify
the day (not more than 1 week after the issue of the warrant) on which the
warrant ceases to have effect; and
(d) state
the purpose for which the warrant is issued.
59—Warrants by telephone, fax etc
(1) If,
in an urgent case, a WELS inspector considers it necessary to do so, the WELS
inspector may apply to a magistrate by telephone, fax or other electronic means
for a warrant under section 58.
(2) The magistrate may—
(a) require
communication by voice to the extent that it is practicable in the
circumstances; and
(b) make
a recording of the whole or any part of any such communication by voice.
(3) Before
applying for the warrant, the WELS inspector must prepare an affidavit of the
kind mentioned in section 58(2) that sets out the grounds on which the
warrant is sought.
(4) If
it is necessary to do so, the WELS inspector may apply for the warrant before
the affidavit is sworn or affirmed.
(5) If the magistrate is satisfied—
(a) after
having considered the terms of the affidavit; and
(b) after
having received such further information (if any) as the magistrate requires
concerning the grounds on which the issue of the warrant is being sought,
that there are reasonable grounds for issuing the warrant, the
magistrate may complete and sign the same warrant that the magistrate would
issue under section 58 if the application had been made under that
section.
(6) If the magistrate completes and signs the
warrant—
(a) the
magistrate must—
(i) tell
the WELS inspector what the terms of the warrant are; and
(ii) tell
the WELS inspector the day on which and the time at which the warrant was
signed; and
(iii) tell
the WELS inspector the day (not more than 1 week after the magistrate completes
and signs the warrant) on which the warrant ceases to have effect; and
(iv) record
on the warrant the reasons for issuing the warrant; and
(b) the
WELS inspector must—
(i) complete
a form of warrant in the same terms as the warrant completed and signed by the
magistrate; and
(ii) write
on the form the name of the magistrate and the day on which and the time at
which the warrant was signed.
(7) The WELS inspector must also, not later
than the day after the day of expiry or execution of the warrant, whichever is
the earlier, send to the magistrate—
(a) the
form of warrant completed by the WELS inspector; and
(b) the
affidavit referred to in subsection (3), which must have been duly sworn
or affirmed.
(8) When the magistrate receives those
documents, the magistrate must—
(a) attach
them to the warrant that the magistrate completed and signed; and
(b) deal
with them in the way in which the magistrate would have dealt with them if the
application had been made under section 58.
(9) A
form of warrant duly completed under subsection (6) is authority for the
same powers as are authorised by the warrant signed by the magistrate.
(10) If—
(a) it
is material, in any proceedings, for a court to be satisfied that an exercise
of a power was authorised by this section; and
(b) the
warrant signed by the magistrate authorising the exercise of the power is not
produced in evidence,
the court must assume, unless the contrary is proved, that the
exercise of the power was not authorised by such a warrant.
Division 4—Giving WELS information to WELS
inspectors
60—Meaning of person who has WELS information
A person is a person who has WELS information if the
Regulator believes, on reasonable grounds, that the person is capable of giving
information, or producing books, records or documents, relevant for the
purposes of investigating or preventing an offence against this Act.
61—Regulator may require person to provide information
(1) The Regulator may, by written notice,
require a person who has WELS information to give to the WELS inspector
specified in the notice, and in the manner and within the period specified in
the notice—
(a) such
information as is specified in the notice; or
(b) any
book, record or document that is specified in the notice.
The period must end not less than 14 days after the notice is
given.
(2) A
notice under subsection (1) must set out the effect of section 62A.
(3) A person commits an offence if—
(a) the
person is required to give information or a book, record or document to a WELS
inspector under subsection (1); and
(b) the person does not give the WELS inspector
the information, book, record or document.
Maximum penalty:
(a) in
the case of a body corporate—$33 000;
(b) in
any other case—$6 600.
62—Regulator may require person to appear before WELS inspector
(1) The Regulator may, by written notice,
require a person who has WELS information to appear before the WELS inspector
specified in the notice, at a time and place specified in the notice—
(a) to
answer any questions put by the WELS inspector; and
(b) to
produce to the WELS inspector such books, records or documents as are referred
to in the notice.
The time must not be earlier than 14 days after the notice is
given.
(2) A
notice under subsection (1) must set out the effect of section 62A.
(3) A person commits an offence if—
(a) the
person is required to appear before a WELS inspector under subsection (1);
and
(b) the person does not appear before the WELS
inspector.
Maximum penalty: $6 600.
(4) A person commits an offence if—
(a) the
person is required under subsection (1) to appear before a WELS inspector;
and
(b) when
appearing before the WELS inspector, the person does not—
(i) answer
a question put by the WELS inspector; or
(ii) produce a book, record or document to the
WELS inspector as required by notice given under that subsection.
Maximum penalty: $6 600.
62A—False or misleading information or documents
(1) A person is guilty of an offence if—
(a) the
person gives information to a WELS inspector under section 61(1) or
section 62; and
(b) the
person does so knowing that the information—
(i) is
false or misleading in a material particular; or
(ii) omits any matter or thing without which the
information is misleading in a material particular.
Maximum penalty:
(a) in
the case of a body corporate—$33 000;
(b) in
any other case—$6 600.
(2) A person is guilty of an offence if—
(a) the
person produces a book, record or document to a WELS inspector under
section 61(1) or section 62; and
(b) the person does so knowing that the
document is false or misleading in a material particular.
Maximum penalty:
(a) in
the case of a body corporate—$33 000;
(b) in
any other case—$6 600.
(3) Subsection (2) does not apply to a
person who produces a book, record or document if the book, record or document
is accompanied by a written statement signed by the person or, in the case of a
body corporate, by a competent officer of the body corporate—
(a) stating
that the book, record or document is, to the knowledge of the first mentioned
person, false or misleading in a material particular; and
(b) setting
out, or referring to, the material particular in which the book, record or
document is, to the knowledge of the first mentioned person, false or
misleading.
Division 5—Privilege against self incrimination
63—Privilege against self incrimination not affected
Nothing in this Part affects the right of a person to refuse to
answer a question, give information, or produce a document, on the ground that
the answer to the question, the information, or the production of the document,
might tend to incriminate him or her or make him or her liable to a penalty.
(1) Amounts equal to money received by the
State—
(a) in
respect of fines, expiation fees or undertakings given under section 42;
or
(b) under
Division 2,
must be paid to the Commonwealth for crediting to the WELS
Account.
(2) The
Consolidated Account is appropriated to the necessary extent to enable amounts
to be paid to the Commonwealth in accordance with subsection (1).
The purpose of the WELS Account is to make
payments—
(a) to
further the objects of this Act (as set out in section 3) and those of any
corresponding law; and
(b) otherwise
in connection with the performance of the Regulator's functions under this Act
or a corresponding law.
67—Regulator may charge for services
The Regulator may charge fees for services provided by, or on
behalf of, the Regulator in the performance of the Regulator's functions under
this Act.
The following amounts may be recovered in
a court of competent jurisdiction as debts due to the State:
(a) fees
payable to the State under this Act or a corresponding law;
(b) amounts
payable to the State in connection with the performance of the Regulator's
functions under this Act.
69—Meaning of reviewable decision and affected person
(1) Each of the following decisions is a reviewable
decision:
(a) a
decision by the Regulator to refuse to register a WELS product under
section 29;
(b) a
decision by the Regulator to cancel or suspend the registration of a WELS
product under section 31.
(2) A
person whose application to register a WELS product is refused under
section 29 is the affected person in relation to the
decision to refuse to register the WELS product.
(3) The
person on whose application a WELS product was registered is the affected
person in relation to a decision to cancel or suspend that registration
under section 31.
70—Notification of decisions and review rights
(1) The Regulator must, as soon as practicable
after making a reviewable decision, cause a notice in writing to be given to
the affected person in relation to the decision, containing—
(a) the
terms of the decision; and
(b) the
reasons for the decision; and
(c) a
statement setting out particulars of the person's review rights.
(2) A
failure to comply with the requirements of subsection (1) in relation to a
decision does not affect the validity of the decision.
(1) The
affected person in relation to a reviewable decision (other than a decision
made by the Regulator personally) may apply in writing to the Regulator for
review (the internal review) of the decision.
(2) An
application for internal review must be made within 30 days after the day on
which the decision first came to the notice of the applicant, or within such
further period (if any) as the Regulator, either before or after the end of
that period, allows.
(3) The
Regulator must, on receiving an application, review the reviewable decision personally.
(4) The Regulator may—
(a) make
a decision affirming, varying or revoking the reviewable decision; and
(b) if
the Regulator revokes the decision, make such other decision as the Regulator
thinks appropriate.
72—Review of decisions by District Court
(1) An affected person may appeal to the
District Court against—
(a) a
reviewable decision made by the Regulator personally; or
(b) a
decision made by the Regulator under section 71 (which provides for
internal review).
(2) An
appeal must be instituted within 28 days after the making of the decision
appealed against.
(3) In
proceedings on an appeal, the District Court will, if a Judge of the Court so
determines, sit with assessors.
(4) For the purposes of subsection (3)—
(a) the
Minister must establish a panel of persons who may sit as assessors;
(b) a
member of the panel will hold office on terms and conditions specified by the
Minister in the instrument of appointment (and a member of the panel whose term
of office expires is eligible for reappointment);
(c) subject
to paragraph (d), if assessors are to sit with the District Court, the
Judge of the Court on the appeal will select 2 members of the panel to sit with
the Court in the proceedings;
(d) a
member of the panel who has a personal or direct or indirect pecuniary interest
in a matter before the District Court is disqualified from participating in
proceedings relating to the matter;
(e) if
an assessor dies or is for any reason unable to continue with any proceedings,
the District Court constituted of the judicial officer who is presiding at the
proceedings and the other assessor may, if the judicial officer so determines,
continue and complete the proceedings.
72A—Imputation in proceedings of conduct or state of mind of officer, employee etc
(1) For the purposes of proceedings for an
offence against this Act—
(a) the
conduct and state of mind of an officer, employee or agent of a body corporate
acting within the scope of his or her actual, usual or ostensible authority
will be imputed to the body corporate; and
(b) the
conduct and state of mind of an employee or agent of a natural person acting
within the scope of his or her actual, usual or ostensible authority will be
imputed to that person.
(2) If—
(a) a
natural person is convicted of an offence against this Act; and
(b) the
person would not have been convicted of the offence but for the operation of
subsection (1),
the person is not liable to be punished by imprisonment for the
offence.
(3) For
the purposes of this section, a reference to conduct or acting
includes a reference to failure to act.
72B—Liability of officers of body corporate
(1) If a body corporate contravenes a provision
of this Act, a person who is an officer of the body corporate is—
(a) guilty
of a contravention of this Act unless it is proved that the alleged contravention
did not result from any failure on the officer's part to take all reasonable
and practicable measures to prevent the contravention or contraventions of the
same or a similar nature; and
(b) subject
to subsection (2), liable to the same penalty as may be imposed for the
principal contravention when committed by a natural person.
(2) If
an officer of a body corporate is convicted of an offence under
subsection (1), the officer is not liable to be punished by imprisonment
for the offence.
(3) If
a body corporate contravenes a provision of this Act, an officer of the body
corporate who knowingly promoted or acquiesced in the contravention is also
guilty of contravening that provision.
(4) An
officer of a body corporate may be prosecuted and convicted of an offence
pursuant to subsection (1) or (3) whether or not there has been a finding
by a court that the body corporate committed the contravention.
73—Compensation for damage to electronic equipment
(1) This section applies if—
(a) as
a result of electronic equipment being operated as mentioned in section 49—
(i) damage
is caused to the equipment; or
(ii) the
data recorded on the equipment is damaged; or
(iii) programs
associated with the use of the equipment, or with the use of the data, are
damaged or corrupted; and
(b) the
damage or corruption occurs because—
(i) insufficient
care was exercised in selecting the person who was to operate the equipment; or
(ii) insufficient
care was exercised by the person operating the equipment.
(2) The
Regulator must pay the owner of the equipment, or the user of the data or
programs, such reasonable compensation for the damage or corruption as the
owner or user agree on.
(3) However,
if the owner or user and the Regulator fail to agree, the owner or user may
institute proceedings in the District Court for such reasonable amount of
compensation as the Court determines.
(4) In
determining the amount of compensation payable, regard is to be had to whether the
occupier of the premises, or the occupier's employees and agents, if they were
available at the time, provided any appropriate warning or guidance on the
operation of the equipment.
The Minister must cause a copy of each annual report of the
Regulator on the operation of the WELS scheme given to the State under section
75 of the Commonwealth Act to be laid before each House of the Parliament
within 15 sitting days of that House after the Minister receives the report.
76—Review of operation of WELS scheme
The Minister must cause a copy of the report of the independent
review of the WELS scheme given to the State under section 76 of the
Commonwealth Act to be laid before each House of the Parliament within 15
sitting days of that House after the Minister receives the report.
(1) The
Governor may make such regulations as are contemplated by, or necessary or
expedient for the purposes of, this Act.
(2) Without limiting the generality of
subsection (1), the regulations may—
(a) prescribe
fees in respect of matters under this Act; and
(b) impose
fines (not exceeding $11 000 in cases involving bodies corporate and $2 200
in cases involving natural persons) for offences against the regulations; and
(c) fix
expiation fees (not exceeding $2 200 in cases involving bodies corporate
and $440 in cases involving natural persons) for alleged offences against the
regulations.
(3) Regulations under this Act may—
(a) be
of general application or limited application;
(b) make
different provision according to the matters or circumstances to which they are
expressed to apply;
(c) provide
that a matter or thing in respect of which regulations may be made is to be
determined according to the discretion of the Minister, the Regulator or any
other person or body prescribed by the regulations;
(d) include
evidentiary provisions to facilitate proof of contraventions of the regulations
for the purposes of proceedings for offences.
Schedule 1—Comparison with Commonwealth Act
The following table compares the
provisions of the Commonwealth Act as at the date that Act came into operation
with the provisions of this Act as at its date of assent.
|
Commonwealth Act |
State Act |
|
Part 1—Preliminary |
|
|
3—Objects of Act |
same |
|
|
The State Act contains the following additional provision: 3A—Numbering consistent with Commonwealth Act This section explains the numbering scheme adopted in the State
Act. |
|
4—Act to bind the Crown |
— In South Australia see section 20 Acts Interpretation
Act 1915. |
|
5—External Territories This section extends the Act to every external Territory other
than Norfolk Island. |
— |
|
Part 2—Interpretation |
|
|
6—Application of the Criminal Code This section applies Chapter 2 of the Commonwealth Criminal Code
to offences against the Commonwealth Act. |
— |
|
7—Definitions |
adjusted for State purposes |
|
Part 3—National WELS scheme |
|
|
8—WELS scheme to be a national cooperative scheme |
same |
|
9—Application of this Act This section applies the Act to matters within the
Commonwealth's constitutional power. |
— |
|
10—Relationship between this Act and other Commonwealth laws |
adjusted for State purposes |
|
11—State and Territory laws may operate concurrently This section allows State and Territory laws to operate
concurrently with the Commonwealth Act. |
— |
|
12—Meaning of corresponding State-Territory law |
adjusted for State purposes |
|
13—Commonwealth consent to conferral of functions etc. on the
Regulator or inspectors by corresponding State-Territory laws This section provides Commonwealth consent to the conferral of
functions and powers, and the imposition of duties, on the Regulator and WELS
inspectors by corresponding State-Territory laws. |
— |
|
14—How duty is imposed by corresponding laws This section deals with the imposing of duties on the Regulator
or WELS inspectors by corresponding State-Territory laws. |
— |
|
15—When a corresponding State-Territory law imposes a duty This section provides a definition of the phrase "imposes a
duty" for the purposes of sections 13 and 14. |
— |
|
16—No doubling-up of liabilities |
adjusted for State purposes |
|
17—Review of decisions under corresponding State-Territory laws This section provides that an application may be made to the
Administrative Appeals Tribunal for review of a reviewable State decision
within the meaning of that section. |
— |
|
Part 4—WELS products and WELS standards |
|
|
18—WELS products This section enables the Commonwealth Minister to determine that
water-use or water-saving products are WELS products and set out the WELS
standard for the products. |
— |
|
19—WELS standards The Commonwealth section states what must be set out in WELS
standards and enables WELS standards to require products to be registered,
and registered products to be WELS-labelled, for the purposes of specified
supplies of the product. |
— |
|
20—Meaning of WELS labelled |
same |
|
Part 5—The WELS regulator |
|
|
21—The Regulator This section appoints the Secretary of the Department of State
of the Commonwealth that deals with the matters to which the Commonwealth Act
relates as the Regulator. |
— |
|
22—Functions of the Regulator |
adjusted for State purposes |
|
23—Powers of the Regulator |
same |
|
24—Arrangements with other agencies |
adjusted for State purposes |
|
25—Delegation |
adjusted for State purposes |
|
Part 6—Registration of WELS products |
|
|
26—Applying for registration |
adjusted for State purposes |
|
27—Documentation etc. to be provided with application for
registration |
adjusted for State purposes |
|
28—Registration of products |
same |
|
29—Grounds for refusing to register |
same |
|
30—Period of registration |
adjusted for State purposes |
|
31—Cancelling or suspending registration |
same |
|
Part 7—Offences relating to the supply
of WELS products |
|
|
Division 1—Applicable WELS standards |
|
|
32—Meaning of applicable WELS standard |
same |
|
Division 2—Registration and labelling |
|
|
33—Registration requirement |
same |
|
34—Labelling registered products |
same |
|
Division 3—Minimum efficiency and
performance requirements |
|
|
35—Minimum water efficiency—products required to be registered |
same |
|
36—Minimum general performance—products required to be
registered |
same |
|
Division 4—Misuse of WELS standards etc. |
|
|
37—Misuse of WELS standards and information |
same |
|
38—Information inconsistent with WELS standards |
same |
|
39—Using information in the supply of products |
same |
|
|
The State Act contains the following additional provisions: Division 5—Extensions of criminal responsibility 39A—Attempts 39B—False or misleading information or document The Criminal Code of the Commonwealth contains provisions to
similar effect except as to penalty (section 11.1 and Part 7.4). |
|
Part 8—Other enforcement |
|
|
Division 1—Infringement notices |
|
|
40—Infringement notices The Commonwealth section allows the regulations to establish a
scheme of infringement notices. |
— In South Australia this is dealt with by the Expiation of
Offences Act 1996. |
|
Division 2—Publicising offences |
|
|
41—Regulator may publicise offences |
same |
|
Division 3—Enforceable undertakings |
|
|
42—Acceptance of undertakings |
same |
|
43—Enforcement of undertakings This section confers power to enforce undertakings on the
Federal Court of Australia. |
adjusted for State purposes |
|
Division 4—Injunctions |
|
|
44—Injunctions This section confers power to grant injunctions on the Federal
Court of Australia. |
adjusted for State purposes |
|
Part 9—WELS inspectors |
|
|
Division 1—Appointment of WELS
inspectors |
|
|
45—Regulator may appoint WELS inspectors |
adjusted for State purposes |
|
46—Identity cards |
adjusted for State purposes |
|
|
The State Act contains the following additional provision: 46A—Offences in relation to WELS inspectors The Criminal Code of the Commonwealth contains provisions to
similar effect except as to penalty (Part 7.8). |
|
Division 2—Powers of WELS inspectors |
|
|
47—Purposes for which powers can be used |
same |
|
48—Inspection powers—public areas of WELS business premises |
same |
|
49—Inspection powers—with consent |
same |
|
50—Refusing consent is not an offence |
same |
|
51—Inspection powers—with warrant |
adjusted for State purposes |
|
52—Announcement before entry under warrant |
same |
|
53—Copy of warrant to be given to occupier |
same |
|
54—Occupier must provide inspector with facilities and
assistance |
same |
|
55—Seizing or securing evidential material |
same |
|
56—Holding evidential material for more than 90 days |
same |
|
57—Returning evidential material |
same |
|
Division 3—Applying for warrants to
enter WELS premises |
|
|
58—Ordinary warrants |
adjusted for State purposes |
|
59—Warrants by telephone, fax etc. |
adjusted for State purposes |
|
Division 4—Giving WELS information to
WELS inspectors |
|
|
60—Meaning of person who has WELS information |
same |
|
61—Meaning of person who has WELS information |
adjusted for State purposes |
|
62—Regulator may require a person to appear before a WELS
inspector |
adjusted for State purposes |
|
|
The State Act contains the following additional provision: 62A—False or misleading information or documents The Criminal Code of the Commonwealth contains provisions to
similar effect except as to penalty (Part 7.4). |
|
Division 5—Privilege against
self-incrimination |
|
|
63—Privilege against self-incrimination |
same |
|
Part 10—Money |
|
|
Division 1—The WELS Account |
|
|
64—WELS Account This section establishes the WELS Account. |
— |
|
65—Credits to the WELS Account |
adjusted for State purposes |
|
66—Purpose of the WELS Account |
adjusted for State purposes |
|
Division 2—Charging fees etc. |
|
|
67—Regulator may charge for services |
adjusted for State purposes |
|
68—Recovery of amounts |
adjusted for State purposes |
|
Part 11—Review of decisions |
|
|
69—Meaning of reviewable decision and affected person |
same |
|
70—Notification of decisions and review rights |
same |
|
71—Internal review |
same |
|
72—Review of decisions by Administrative Appeals Tribunal |
The State Act contains the following alternative provision: 72—Review of decisions by District Court |
|
Part 12—Miscellaneous |
|
|
|
The State Act contains the following additional provisions: 72A—Imputation in proceedings of conduct or state of mind of
officer, employee etc 72B—Liability of officers of body corporate The Commonwealth Criminal Code contains relevant provisions in
Chapter 2. |
|
73—Compensation for damage to electronic equipment |
adjusted for State purposes |
|
74—Compensation for acquisition of property This section provides for payment of compensation by the
Commonwealth for acquisition of property. |
— |
|
75—Annual report This section provides for the preparation by the Regulator of an
annual report on the operation of the WELS scheme. The Commonwealth Minister
is required to give a copy to the State. |
adjusted for State purposes |
|
76—Review of operation of WELS scheme This section provides for an independent review of the operation
of the WELS scheme to be undertaken as soon as possible after the fifth
anniversary of the commencement of the section. The Commonwealth Minister is
required to give a copy to the State. |
adjusted for State purposes |
|
77—Regulations |
adjusted for State purposes |