Commonwealth Numbered Acts Commonwealth Numbered ActsWater Efficiency Labelling and Standards Act 2005
1 Section 7 (definition of registered )
Repeal the definition, substitute:
"registered" : a WELS product is registered if the product is registered under the scheme formulated under subsection 26(1).
2 Part 6
Repeal the Part, substitute:
Part 6 -- Registration of WELS products
26 Registration of WELS products
(1) The Commonwealth Minister must, by legislative instrument, formulate a scheme relating to the registration of WELS products.
(2) Without limiting subsection (1), the scheme may make provision for, or in relation to, any of the following:
(a) applications for registration of WELS products (including renewal of registration);
(b) the information or documents to be provided with applications for registration (including verification by statutory declaration of the information);
(c) the fees to be paid in connection with applications for registration, including methods for working out such fees and the circumstances in which fees may be waived or refunded (either in whole or in part);
(d) the grounds for approving or refusing applications for registration;
(e) the period of registration;
(f) the requirements to be met in order for WELS products to remain registered;
(g) the consequences for the registration of a product if a WELS standard for the product is varied or replaced;
(h) the suspension and cancellation of registration;
(i) the creation, maintenance and publication of a register of WELS products;
(j) the review of decisions made by the Regulator under the scheme;
(k) other matters in connection with the registration of WELS products.
(3) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901 , the scheme may make different provision in relation to:
(a) different kinds of WELS products; or
(b) different kinds of applications; or
(c) different kinds of registrations; or
(d) different circumstances.
(4) Before formulating a scheme under subsection (1), the Commonwealth Minister must have agreement to the terms of the scheme from a majority of the participating States and Territories.
(5) Subsection (4) does not apply to a variation of the scheme to remove an ambiguity or uncertainty, or to correct an error.
(6) Subsection (5) does not, by implication, limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to the instrument.
(7) Despite subsection 44(1) of the Legislative Instruments Act 2003 , section 42 of that Act applies to the instrument.
Note: Part 6 (sunsetting) of the Legislative Instruments Act 2003 does not apply to the scheme (see section 54 of that Act).
3 Paragraph 42(1)(b)
Omit "(see subsection 27(2))", substitute "imposed under the scheme formulated under subsection 26(1)".
4 Section 69
Repeal the section, substitute:
69 Meaning of reviewable decision and affected person
(1) Each of the following decisions is a reviewable decision :
(a) a decision by the Regulator under the scheme formulated under subsection 26(1) to refuse to register a WELS product;
(b) a decision by the Regulator under the scheme formulated under subsection 26(1) to cancel or suspend the registration of a WELS product.
(2) A person whose application to register a WELS product is refused is the affected person for the purposes of a decision referred to in paragraph (1)(a).
(3) A person in relation to whom a WELS product is registered is the affected person for the purposes of a decision referred to in paragraph (1)(b).
Part 2 -- Transitional provisions
5 Definitions
In this Part:
commencement means the commencement of this item.
new WELS Act means the Water Efficiency Labelling and Standards Act 2005 as in force immediately after commencement.
old WELS Act means the Water Efficiency Labelling and Standards Act 2005 as in force immediately before commencement.
registration scheme means the scheme formulated under subsection 26(1) of the new WELS Act.
6 Pending applications at commencement
(1) This item applies if a manufacturer made an application for registration of a WELS product under section 26 of the old WELS Act and, immediately before commencement:
(a) the Regulator had not registered the product under section 28 of that Act; and
(b) the Regulator had not refused to register the product under section 29 of that Act.
(2) The application is taken, immediately after commencement, to have been refused by the Regulator.
(3) If a registration fee accompanied the application, the Regulator must refund the fee to the manufacturer.
(4) Refunds of fees under subitem (3) are taken, for the purposes of section 66 of the new WELS Act, to be payments in connection with the performance of the Regulator's functions under that Act.
7 Transitioning existing registrations
Application of item
(1) This item applies in relation to a WELS product that was registered within the meaning of the old WELS Act immediately before commencement.
Transitioning registrations
(2) Immediately after commencement:
(a) the WELS product is no longer registered within the meaning of the old WELS Act; and
(b) all of the following apply:
(i) the product is taken, for the purposes of the new WELS Act, to be registered within the meaning of that Act;
(ii) the registration scheme applies in relation to the product as if the product were registered within the meaning of the new WELS Act;
(iii) the applicable WELS standard for the product is the applicable WELS standard under which the product was registered within the meaning of the old WELS Act.
(3) The WELS product stops being registered within the meaning of the new WELS Act at the end of 80 days after commencement, unless the fee payable in accordance with the registration scheme is paid within that period.
(4) Paragraph (2)(b) and subitem (3) have effect despite anything in the registration scheme.
Refund of fees paid under old WELS Act
(5) If a fee accompanied the application that was made under the old WELS Act for registration of the WELS product, the Regulator must pay the person in relation to whom the product is registered an amount worked out using the formula:
where:
N is the number (which may be zero) of whole years, as determined immediately before commencement, for which the product was registered within the meaning of the old WELS Act.
(6) The Regulator may set off an amount payable under subitem (5) against the amount of the fee payable under subitem (3).
(7) Payments of amounts under subitem (5) are taken, for the purposes of section 66 of the new WELS Act, to be payments in connection with the performance of the Regulator's functions under that Act.
Regulations
(8) The Governor-General may make regulations prescribing additional matters of a transitional nature (including any saving or application provisions) relating to Part 6 of the new WELS Act.
