Water Efficiency Labelling and Standards (Queensland) Act 2005

An Act to apply the Water Efficiency Labelling and Standards Act 2005 (Cwlth) as a law of this State and for related purposes

Long title amd 2014 No. 51s 29

1Short title

This Act may be cited as the Water Efficiency Labelling and Standards (Queensland) Act 2005.

s 1 amd 2014 No. 51s 30

2Commencement

This Act commences on a day to be fixed by proclamation.

s 2 amd 2014 No. 51s 31

3Object of Act

(1)The object of this Act is to adopt in this State a uniform Australian approach to the regulation of water efficiency labelling and standards.

(2)For the purpose mentioned in subsection (1), this Act—

(a)applies the Water Efficiency Labelling and Standards Act 2005 (Cwlth) as a law of this State; and

(b)makes provision to help ensure that the Commonwealth Act and the applied law of this State are administered on a uniform basis by the Commonwealth as if they constituted a single law of the Commonwealth.

s 3 sub 2014 No. 51s 32

4Act binds all persons

(1)This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)Nothing in this Act renders the Commonwealth or a State liable to be prosecuted for an offence.

s 4 amd 2014 No. 51s 33

5Definitions

(1)In this Act—

applied provisions means the Commonwealth water efficiency laws that apply as a law of this State because of section 6, including any modification under section 7.

Commonwealth administrative laws means the following Acts and any regulations in force under those Acts—

(a)the Administrative Review Tribunal Act 2024 (Cwlth), other than part 7;

(b)the Freedom of Information Act 1982 (Cwlth);

(c)the Ombudsman Act 1976 (Cwlth);

(d)the Privacy Act 1988 (Cwlth).

s 5(1) def Commonwealth administrative laws amd 2024 No. 47 s 78 sch 2

Commonwealth regulator means the WELS Regulator appointed under the Water Efficiency Labelling and Standards Act 2005 (Cwlth).

Commonwealth water efficiency laws means—

(a)the Water Efficiency Labelling and Standards Act 2005 (Cwlth); and

(b)all regulations, guidelines, principles, standards and codes of practice in force under that Act.

function includes duty.

modifications includes additions, omissions and substitutions.

(2)If an expression is defined in the Water Efficiency Labelling and Standards Act 2005 (Cwlth) and is also used in this Act, the expression as used in this Act has, unless the contrary intention appears, the same meaning as in that Act.

(3)In this Act, a reference to a Commonwealth Act includes a reference to—

(a)that Commonwealth Act, as amended and in force for the time being; and

(b)an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.

s 5 sub 2014 No. 51s 34

pt 2 hdg sub 2014 No. 51s 35

6Application of Commonwealth water efficiency laws to this State

(1)The Commonwealth water efficiency laws, as in force for the time being and as modified under this Act, apply as a law of this State.

(2)The Commonwealth water efficiency laws, as applied under subsection (1), apply as if the laws extend to matters in relation to which this State may make laws—

(a)whether or not the Commonwealth may make laws in relation to those matters; and

(b)even though the Commonwealth water efficiency laws provide that they apply only to specified matters with respect to which the Commonwealth may make laws.

s 6 om 2014 No. 51s 34

ins 2014 No. 51s 35

7Modification of Commonwealth water efficiency laws

(1)A regulation may modify the Commonwealth water efficiency laws for the purposes of this Act.

(2)Without limiting subsection (1), a regulation may provide that the Commonwealth water efficiency laws apply under section 6(1) as if an amendment to the Commonwealth water efficiency laws—

(a)made by a law of the Commonwealth; and

(b)stated in the regulation;

had not taken effect.

s 7 sub 2014 No. 51s 35

8Interpretation of Commonwealth water efficiency laws

(1)The Acts Interpretation Act 1901 (Cwlth) applies—

(a)as a law of this State in relation to the interpretation of the applied provisions; and

(b)as if the applied provisions were a Commonwealth Act or regulation or other instrument under a Commonwealth Act.

(2)The Acts Interpretation Act 1954 does not apply to the applied provisions.

s 8 sub 2014 No. 51s 35

pt 3 hdg sub 2014 No. 51s 35

9Functions and powers of Commonwealth regulator and other authorities and officers

The Commonwealth regulator and other authorities and officers referred to in the applied provisions have the same functions and powers under the applied provisions as they have under the Commonwealth water efficiency laws, as those laws apply to the Commonwealth.

s 9 sub 2014 No. 51s 35

10Delegations by the Commonwealth regulator

Any delegation by the Commonwealth regulator under the Water Efficiency Labelling and Standards Act 2005 (Cwlth) is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.

s 10 sub 2014 No. 51s 35

pt 4 hdg sub 2014 No. 51s 35

11Object of pt 4

(1)The object of this part is to further the object of this Act by providing for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth.

(2)The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example, the following—

(a)the investigation and prosecution of offences;

(b)the arrest, custody, bail, trial and conviction of offenders or persons charged with offences;

(c)proceedings relating to a matter referred to in paragraph (a) or (b);

(d)appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c);

(e)the sentencing, punishment and release of persons convicted of offences;

(f)fines, penalties and forfeitures;

(g)liability to make reparation in connection with offences;

(h)proceeds of crime;

(i)spent convictions.

(3)For the purposes of this part, offences include contraventions for which a civil penalty may be imposed.

s 11 sub 2014 No. 51s 35

12Application of Commonwealth criminal laws to offences against applied provisions

(1)The relevant Commonwealth laws apply as laws of this State in relation to an offence against the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State.

(2)For the purposes of a law of this State, an offence against the applied provisions—

(a)is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth; and

(b)is taken not to be an offence against the laws of this State.

(3)Subsection (2) has effect for the purposes of a law of this State except as provided by a regulation under this Act.

s 12 sub 2014 No. 51s 35

13Functions and powers conferred on Commonwealth officers and authorities relating to offences

(1)A Commonwealth law applying because of section 12 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth water efficiency laws also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.

(2)In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth water efficiency laws.

s 13 sub 2014 No.51 s 35

14No double jeopardy for offences against applied provisions

If—

(a)an act or omission is an offence against both the applied provisions and an offence against the Commonwealth water efficiency laws; and

(b)the offender has been punished for that offence under the Commonwealth water efficiency laws;

the offender is not liable to be punished for the offence under the applied provisions.

s 14 sub 2014 No. 51s 35

pt 5 hdg sub 2014 No. 51s 35

15Application of Commonwealth administrative laws to applied provisions

(1)The Commonwealth administrative laws apply as laws of this State to any matter arising in relation to the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State.

(2)For the purposes of a law of this State, a matter arising in relation to the applied provisions—

(a)is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if those provisions were a law of the Commonwealth; and

(b)is taken not to be a matter arising in relation to laws of this State.

(3)Subsection (2) has effect for the purposes of a law of this State except as prescribed by regulation under this Act.

(4)Any provision of a Commonwealth administrative law applying because of this section that purports to confer jurisdiction on a federal court is taken not to have that effect.

(5)For this section, a reference in a provision of the Administrative Review Tribunal Act 2024 (Cwlth), as that provision applies as a law of this State, to the whole or part of part 7 of that Act is taken to be a reference to the whole or part of that part as it has effect as a law of the Commonwealth.

s 15 sub 2014 No. 51s 35

amd 2024 No. 47 s 78 sch 2

16Functions and powers conferred on Commonwealth officers and authorities

(1)A Commonwealth administrative law applying because of section 15 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the applied provisions.

(2)In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.

s 16 sub 2014 No. 51s 35

pt 6 hdg sub 2014 No. 51s 35

17Things done for multiple purposes

The validity of a licence, certificate or other thing issued, given or done for the purposes of the applied provisions is not affected only because it was issued, given or done also for the purposes of the Commonwealth water efficiency laws.

s 17 sub 2014 No. 51s 35

18Reference in Commonwealth law to a provision of another law

For the purposes of sections 12 and 15, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of those sections.

s 18 sub 2014 No. 51s 35

19Fees and other money

All fees, penalties, fines and other money that, under this Act and the applied provisions, are authorised or directed to be payable by or imposed on any person, other than an amount ordered to be refunded to another person, must be paid to the Commonwealth.

s 19 sub 2014 No. 51s 35

20Tabling amendments of the Water Efficiency Labelling and Standards Act 2005 (Cwlth)

(1)The Minister must cause a copy of an amendment of the following—

(a)the Water Efficiency Labelling and Standards Act 2005 (Cwlth);

(b)any regulations in force under that Act;

to be laid before the Legislative Assembly within 10 sitting days from the date on which the amendment commences.

(2)Nothing in this section affects the operation of an amendment of the Water Efficiency Labelling and Standards Act 2005 (Cwlth).

s 20 sub 2014 No. 51s 35

21Regulation-making power

The Governor in Council may make regulations under this Act.

s 21 sub 2014 No. 51s 35

pt 7 hdg sub 2014 No. 51s 35

pt 7 div 1 hdg om 2014 No. 51s 35

pt 7 div 2 hdg om 2014 No. 51s 35

pt 7 div 3 hdg om 2014 No. 51s 35

pt 7 div 4 hdg om 2014 No. 51s 35

pt 7 div 5 hdg om 2014 No. 51s 35

22Existing WELS inspectors

(1)This section applies to a person who—

(a)was appointed as a WELS inspector under section 45 of this Act as in force immediately before the commencement of this section; and

(b)still held the appointment immediately before the commencement.

(2)On the commencement, the person’s appointment as a WELS inspector—

(a)continues to have effect according to its terms; and

(b)is taken to be an appointment made under the applied provisions.

s 22 sub 2014 No. 51s 35