Water Efficiency Labelling and Standards Determination 20111
Water Efficiency Labelling and Standards Act 2005
I, DON FARRELL, Parliamentary Secretary for Sustainability and Urban Water, make this Determination under sections 18, 19, 27 and 30 of the Water Efficiency Labelling and Standards Act 2005.
Dated 14 October 2011
DON FARRELL
Parliamentary Secretary for Sustainability and Urban Water
Contents
1 Name of Determination 2
2 Commencement 2
3 Repeal 2
4 Definitions 2
5 Determination of WELS products 3
6 WELS standard 3
7 WELS standard requirements 3
8 Application for registration 4
9 Conditions for product to remain registered 4
10 Registration fee 4
11 Further registration 4
12 Minor products 5
1 Name of Determination
This Determination is the Water Efficiency Labelling and Standards Determination 2011.
2 Commencement
This Determination commences on 1 November 2011.
3 Repeal
The Water Efficiency Labelling and Standards Determination 2007 is repealed.
4 Definitions
In this Determination:
Act means the Water Efficiency Labelling and Standards Act 2005.
AS/NZS 6400 means Australian/New Zealand Standard AS/NZS 6400:2005 Water efficient products — Rating and labelling, as in force immediately before the commencement of this Determination.
Note AS/NZS 6400, as in force at that time, incorporates amendments No. 1, 2, 3, 4 and 5.
clothes washing machine includes a clothes washing machine that has a clothes drying function.
Plumbing Code means the document entitled National Construction Code Series, Volume Three, Plumbing Code of Australia 2011, published by the Australian Building Codes Board, as in force from time to time.
set of minor products means 2 or more products that are declared to be a set of minor products under section 12.
WELS standard has the meaning given by section 6.
5 Determination of WELS products
For subsection 18 (1) of the Act, a water‑use or water‑saving product of any of the following kinds is a WELS product if the WELS standard applies to it:
(a) showers;
(b) dishwashers;
(c) clothes washing machines;
(d) lavatory equipment;
(e) urinal equipment;
(f) tap equipment;
(g) flow controllers.
6 WELS standard
For subsection 18 (2) of the Act, the WELS standard for the products mentioned in section 5 of this Determination consists of:
(a) AS/NZS 6400, apart from clauses C.3 to C.6 in Appendix C; and
(b) the requirements mentioned in section 7.
7 WELS standard requirements
(1) For subsection 19 (2) of the Act, a product mentioned in paragraphs 5 (a) to (f) of this Determination must be registered for supply as a new product for any purpose.
(2) For subsection 19 (3A) of the Act, a product mentioned in paragraph 5 (a), (d), (e), (f) or (g) of this Determination that may be used or installed in a plumbing installation must comply with section G of the Plumbing Code.
(3) For subsection 19 (4) of the Act, a product mentioned in section 5 of this Determination that is registered must be WELS labelled for supply as a new product for any purpose.
(4) For subsection 19 (3A) of the Act and despite subsection (2) of this section, until 1 November 2013 a product mentioned in paragraph 5 (a), (d), (e), (f) or (g) that may be used or installed in a plumbing installation may comply with section 2.2 of Part 1 of AS/NZS 3500 instead of complying with section G of the Plumbing Code.
(5) In this section:
AS/NZS 3500 means Australian/New Zealand Standard AS/NZS 3500:2003 Plumbing and drainage, as in force from time to time.
(6) Subsections (4) and (5), and this subsection, expire on 2 November 2013.
8 Application for registration
(1) For subsection 27 (1) of the Act, an application for registration must be made in the manner and form mentioned in section 4 in, and Appendix A to, AS/NZS 6400.
(2) For paragraph 27 (1) (a) of the Act, the documentation for the application is that mentioned in clause 4.4 in AS/NZS 6400.
9 Conditions for product to remain registered
For subsection 27 (2) of the Act, clauses 4.5, 4.6 and 4.7 in AS/NZS 6400 specify the conditions that must be complied with in order for a WELS product to remain registered.
10 Registration fee
(1) For paragraph 27 (1) (b) of the Act, a fee of $1 500 is payable for an application for the registration of:
(a) a WELS product; or
(b) 2 or more WELS products of the same family of models; or
(c) a set of minor products.
(2) For paragraph (1) (b), WELS products are of the same family of models if each product:
(a) is in the same category; and
(b) has the same:
(i) manufacturer; and
(ii) brand name; and
(iii) water efficiency rating; and
(iv) performance; and
(c) has the same physical characteristics (that is, characteristics that could affect the water efficiency or performance of the product, and do not affect only its appearance).
11 Further registration
(1) This section applies to a WELS product if:
(a) immediately before this Determination commenced, the product had more than one year remaining before its registration was to end; and
(b) for a clothes washing machine — the product meets the requirements mentioned in paragraph (4) (a) or (b).
(2) For subsection 30 (3) of the Act, the period of one year mentioned in paragraph 30 (2) (d) of the Act is extended to the end of 5 years beginning on the day the product was registered.
(3) The period is extended to allow the WELS product to remain registered as if the previous WELS standard, determined in the Water Efficiency Labelling and Standards Determination 2007, was still in force.
(4) For paragraph (1) (b), the requirements are that the clothes washing machine:
(a) has a load capacity of 5 kg or more and has a water efficiency star rating of at least 3 stars; or
(b) has a load capacity under 5 kg and has a water efficiency star rating of at least 2.5 stars.
Note A washing machine that is registered on 31 October 2011, the day before this Determination commences, and that does not meet the requirements in subsection (4), remains registered for a year after 1 November 2011 (see subsection 30 (2) of the Act).
12 Minor products
On application by a manufacturer of WELS products, the WELS Regulator must declare 2 or more products of the manufacturer to be a set of minor products if:
(a) each product has the same brand name; and
(b) the manufacturer submits evidence to the Regulator showing that fewer than 100 of each of the products are expected to be sold each year.
Note A person who is not the manufacturer of a WELS product may be taken to be the manufacturer: see subsection 26 (2) of the Act and regulation 5 of the Water Efficiency Labelling and Standards Regulations 2005.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
