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WATER EFFICIENCY LABELLING AND STANDARDS ACT 2005 (NO. 10 OF 2005) - NOTES

Dictionary

(see s 7)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     administrative unit

              •     chief executive (see s 163)

              •     Commonwealth gazette

              •     document

              •     Executive

              •     exercise

              •     fail

              •     function

              •     in relation to

              •     Minister (see s 162)

              •     oath

              •     public employee

              •     swear

              •     territory authority

              •     territory instrumentality.

Note 3     Most of the definitions in this dictionary have equivalent definitions in the Commonwealth Act, s 7.

"affected person"—see 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 (Cwlth);

              (ii)     a corporation established for a public purpose under a law of the Commonwealth; and

        (b)     in relation to a State or another Territory, includes the following:

              (i)     a department of state (however described) of the State or Territory;

              (ii)     a corporation 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 (Cwlth).

"Commonwealth administrative appeals tribunal" means the Administrative Appeals Tribunal established under the Commonwealth Administrative Appeals Tribunal Act.

"Commonwealth Administrative Appeals Tribunal Act "means the Administrative Appeals Tribunal Act 1975 (Cwlth).

"Commonwealth Minister"—see the Commonwealth Act, section 7.

"corresponding law"—see section 12.

"damage", in relation to data, includes damage by erasure of data or addition of other data.

"evidential material" means anything that may be relevant to the investigation or prosecution of an offence against this Act.

"occupier", of premises, includes a person who apparently represents the occupier of the premises.

"person who has WELS information"—see section 60.

registered means registered under a WELS standard.

regulator means the Regulator established by the Commonwealth Act, section 21.

"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 account"—see the Commonwealth Act, section 7, definition of "WELS Account".

"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 relation to, the supply of 1 or more WELS products.

"WELS product "means a product that is a WELS product under the Commonwealth Act, section 18 (1).

"WELS scheme" means the water efficiency labelling and standards scheme established by this Act and corresponding laws.

"WELS standard", for a WELS product, means the WELS standard set out for the product in the determination applying to the WELS product under the Commonwealth Act, section 18 (1).

Endnotes

1     Presentation speech

    Presentation speech made in the Legislative Assembly on 9 December 2004.

2     Notification

    Notified under the Legislation Act on 16 March 2005.

3     Republications of amended laws

    For the latest republication of amended laws, see www.legislation.act.gov.au.


I certify that the above is a true copy of the
Water Efficiency Labelling and Standards Bill 2005, which originated in the Legislative Assembly as the Water Efficiency Labelling and Standards Bill 2004 and was passed by the Assembly on 10 March 2005.





Clerk of the Legislative Assembly













© Australian Capital Territory 2005

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Australian Capital Territory

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Australian Capital Territory

Water Efficiency Labelling and Standards Act 2005

A2005-10



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