No 8 of 2006 assented to
29.6.2006
South Australia
Water Efficiency Labelling and Standards
Act 2006
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
20—Meaning of WELS labelled
(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
26—Applying for registration
(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.
Part
8—Other enforcement
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.
71—Internal review
(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 |