{"id":"tas:act-2013-026","name":"Water Efficiency Labelling and Standards Act 2013","slug":"water-efficiency-labelling-and-standards-act-2013","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"26 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176834,"registerId":"tas-tas:act-2013-026-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Water Efficiency Labelling and Standards Act 2013](/view/html/inforce/2026-04-12/act-2013-026) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which this Act receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"### 3 Object of Act\n\n> > (1)  The object of this Act is to adopt in this State a uniform national approach to the regulation of water efficiency labelling and standards.\n> \n> > (2)  For that purpose, this Act –\n> > \n> > > > (a) applies the *Water Efficiency Labelling and Standards Act 2005* of the Commonwealth as a law of this State; and\n> > > \n> > > > (b) makes provision to help ensure that the Commonwealth Act and the law of this State are administered on a uniform basis by the Commonwealth as if they constituted a single law of the Commonwealth.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"### 4 Interpretation\n\n> > (1)  In this Act –\n> > \n> > > ***applied provisions*** means the Commonwealth water efficiency laws that apply as a law of this State because of [section 6](#GS6@EN) including any modification under [section 7](#GS7@EN) ;\n> > \n> > > ***Commonwealth administrative laws*** means the following Acts and regulations of the Commonwealth:\n> > > \n> > > > > (a) [*\\[Section 4 Subsection (1) amended by No. 8 of 2025, s. 34, Applied:14 Oct 2024\\]*](/view/html/inforce/2024-10-14/act-2025-008#GS34@EN) the *Administrative Review Tribunal Act 2024* (excluding Part 7) ;\n> > > > \n> > > > > (b) the *Freedom of Information Act 1982*;\n> > > > \n> > > > > (c) the *Ombudsman Act 1976*;\n> > > > \n> > > > > (d) the *Privacy Act 1988*;\n> > > > \n> > > > > (e) the regulations in force under any of those Acts;\n> > \n> > > ***Commonwealth Regulator*** means the WELS Regulator appointed under the *Water Efficiency Labelling and Standards Act 2005* of the Commonwealth;\n> > \n> > > ***Commonwealth water efficiency laws*** means –\n> > > \n> > > > > (a) the *Water Efficiency Labelling and Standards Act 2005* of the Commonwealth; and\n> > > > \n> > > > > (b) all regulations, guidelines, principles, standards and codes of practice in force under that Act;\n> > \n> > > ***function*** includes duty;\n> > \n> > > ***modify*** includes add to, omit and substitute;\n> > \n> > > ***offence*** includes a civil breach that gives rise to a civil penalty.\n> \n> > (2)  If an expression is defined in the *Water Efficiency Labelling and Standards Act 2005* of the Commonwealth 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.\n> \n> > (3)  In this Act, a reference to a Commonwealth Act includes a reference to –\n> > \n> > > > (a) that Commonwealth Act, as amended and in force for the time being; and\n> > > \n> > > > (b) an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Act to bind the Crown","content":"### 5 Act to bind the Crown\n\n> This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Applied Provisions","content":"# Part 2 The Applied Provisions","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Application of Commonwealth water efficiency laws to this State","content":"### 6 Application of Commonwealth water efficiency laws to this State\n\n> > (1)  The Commonwealth water efficiency laws, as in force for the time being and as modified by or under this Act, apply as a law of this State.\n> \n> > (2)  Those Commonwealth water efficiency laws so apply as if they extended to matters in relation to which this State may make laws –\n> > \n> > > > (a) whether or not the Commonwealth may make laws in relation to those matters; and\n> > > \n> > > > (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.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Modification of Commonwealth water efficiency laws","content":"### 7 Modification of Commonwealth water efficiency laws\n\n> > (1)  The regulations under this Act may also modify the Commonwealth water efficiency laws for the purposes of this Act.\n> \n> > (2)  Without limiting [subsection (1)](#GS7@Gs1@EN) , the regulations may provide that the Commonwealth water efficiency laws apply under [section 6(1)](#GS6@Gs1@EN) as if an amendment to the Commonwealth water efficiency laws –\n> > \n> > > > (a) made by a law of the Commonwealth; and\n> > > \n> > > > (b) specified in the regulations –\n> > \n> > had not taken effect.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Interpretation of Commonwealth water efficiency laws","content":"### 8 Interpretation of Commonwealth water efficiency laws\n\n> > (1)  The *Acts Interpretation Act 1901* of the Commonwealth applies as a law of this State in relation to the interpretation of the applied provisions.\n> \n> > (2)  The *Acts Interpretation Act 1901* of the Commonwealth so applies as if the applied provisions were a Commonwealth Act or were regulations or other instruments under a Commonwealth Act, as the case requires.\n> \n> > (3)  The [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) of Tasmania does not apply to the applied provisions.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions and Powers Under Applied Provisions","content":"# Part 3 Functions and Powers Under Applied Provisions","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Functions and powers of Commonwealth Regulator and other authorities and officers","content":"### 9 Functions and powers of Commonwealth Regulator and other authorities and officers\n\n> 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.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Delegations by the Commonwealth Regulator","content":"### 10 Delegations by the Commonwealth Regulator\n\n> Any delegation by the Commonwealth Regulator under the *Water Efficiency Labelling and Standards Act 2005* of the Commonwealth is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Offences","content":"# Part 4 Offences","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Object of this Part","content":"### 11 Object of this Part\n\n> > (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.\n> \n> > (2)  The purposes for which an offence is to be treated as mentioned in [subsection (1)](#GS11@Gs1@EN) include, for example (but are not limited to) –\n> > \n> > > > (a) the investigation and prosecution of offences; and\n> > > \n> > > > (b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and\n> > > \n> > > > (c) proceedings relating to a matter referred to in [paragraph (a)](#GS11@Gs2@Hpa@EN) or [(b)](#GS11@Gs2@Hpb@EN) ; and\n> > > \n> > > > (d) appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in [paragraph (c)](#GS11@Gs2@Hpc@EN) ; and\n> > > \n> > > > (e) the sentencing, punishment and release of persons convicted of offences; and\n> > > \n> > > > (f) fines, penalties and forfeitures; and\n> > > \n> > > > (g) liability to make reparation in connection with offences; and\n> > > \n> > > > (h) proceeds of crime; and\n> > > \n> > > > (i) spent convictions.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Application of Commonwealth criminal laws to offences against applied provisions","content":"### 12 Application of Commonwealth criminal laws to offences against applied provisions\n\n> > (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.\n> \n> > (2)  For the purposes of a law of this State, an offence against the applied provisions –\n> > \n> > > > (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\n> > > \n> > > > (b) is taken not to be an offence against the laws of this State.\n> \n> > (3)  [Subsection (2)](#GS12@Gs2@EN) has effect for the purposes of a law of this State except as provided by the regulations under this Act.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities relating to offences","content":"### 13 Functions and powers conferred on Commonwealth officers and authorities relating to offences\n\n> > (1)  A Commonwealth law applying because of [section 12](#GS12@EN) 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.\n> \n> > (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.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"No double jeopardy for offences against applied provisions","content":"### 14 No double jeopardy for offences against applied provisions\n\n> > (1)  If –\n> > \n> > > > (a) an act or omission is an offence against this Act and is also an offence against the Commonwealth Act; and\n> > > \n> > > > (b) the offender has been punished for the offence under the Commonwealth Act –\n> > \n> > the offender is not liable to be punished for the offence under this Act.\n> \n> > (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.","sortOrder":17},{"sectionNumber":"Part 5","sectionType":"part","heading":"Administration Laws","content":"# Part 5 Administration Laws","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Application of Commonwealth administrative laws to applied provisions","content":"### 15 Application of Commonwealth administrative laws to applied provisions\n\n> > (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.\n> \n> > (2)  For the purposes of a law of this State, a matter arising in relation to the applied provisions –\n> > \n> > > > (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\n> > > \n> > > > (b) is taken not to be a matter arising in relation to laws of this State.\n> \n> > (3)  [Subsection (2)](#GS15@Gs2@EN) has effect for the purposes of a law of this State except as provided by the regulations under this Act.\n> \n> > (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.\n> \n> > (5)  [*\\[Section 15 Subsection (5) amended by No. 8 of 2025, s. 35, Applied:14 Oct 2024\\]*](/view/html/inforce/2024-10-14/act-2025-008#GS35@Hpb@EN) [*\\[Section 15 Subsection (5) amended by No. 8 of 2025, s. 35, Applied:14 Oct 2024\\]*](/view/html/inforce/2024-10-14/act-2025-008#GS35@Hpa@EN) For the purposes of this section, a reference in a provision of the *Administrative Review Tribunal Act 2024* of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part 7 of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities","content":"### 16 Functions and powers conferred on Commonwealth officers and authorities\n\n> > (1)  A Commonwealth administrative law applying because of [section 15](#GS15@EN) 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.\n> \n> > (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.","sortOrder":20},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Things done for multiple purposes","content":"### 17 Things done for multiple purposes\n\n> 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.","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Reference in Commonwealth law to a provision of another law","content":"### 18 Reference in Commonwealth law to a provision of another law\n\n> For the purposes of [sections 12](#GS12@EN) and [15](#GS15@EN) , 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.","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Fees and other money","content":"### 19 Fees and other money\n\n> 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 (but not including an amount ordered to be refunded to another person) must be paid to the Commonwealth.","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Amendments to Commonwealth Water Efficiency Labelling and Standards Act 2005, &c.","content":"### 20 Amendments to Commonwealth Water Efficiency Labelling and Standards Act 2005, &c.\n\n> > (1)  The Minister is to cause any amendment to –\n> > \n> > > > (a) the *Water Efficiency Labelling and Standards Act 2005* of the Commonwealth; and\n> > > \n> > > > (b) any regulations in force under that Act –\n> > \n> > to be tabled in each House of Parliament within 10 sitting-days from the date on which the amendment commences.\n> \n> > (2)  Nothing in this section affects the operation of that amendment.","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Regulations","content":"### 21 Regulations\n\n> The Governor may make regulations for the purposes of this Act.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Administration of Act","content":"### 22 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Primary Industries and Water; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Primary Industries, Parks, Water and Environment.","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Legislation repealed","content":"### 23 Legislation repealed\n\n> The legislation specified in [Schedule 1](#JS1@EN) is repealed.","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Legislation revoked","content":"### 24 Legislation revoked\n\n> The legislation specified in [Schedule 2](#JS2@EN) is revoked.","sortOrder":29},{"sectionNumber":"SCHEDULE 1 - Legislation repea","sectionType":"part","heading":"SCHEDULE 1 - Legislation repealed","content":"# SCHEDULE 1 - Legislation repea SCHEDULE 1 - Legislation repealed\n\n[Section 23](#GS23@EN)\n\n| Water Efficiency Labelling and Standards Act 2005 (No. 34 of 2005) |","sortOrder":30},{"sectionNumber":"SCHEDULE 2 - Legislation revok","sectionType":"part","heading":"SCHEDULE 2 - Legislation revoked","content":"# SCHEDULE 2 - Legislation revok SCHEDULE 2 - Legislation revoked\n\n[Section 24](#GS24@EN)\n\n| Proclamation under the Water Efficiency Labelling and Standards Act 2005 (No. 9 of 2006) |","sortOrder":31}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have maintained its original scope as a state-level mechanism to apply the national Water Efficiency Labelling and Standards scheme within Tasmania. No significant expansion or narrowing of scope is evident from the metadata provided."},"complexity_factors":["The legislation text provided is largely metadata and status information rather than substantive legal provisions, limiting full analysis","The underlying subject matter (product labelling and standards) follows a well-established regulatory model already used in energy efficiency schemes","Involves interaction between state (Tasmanian) and federal (national WELS scheme) legislative frameworks, adding a layer of jurisdictional nuance","Compliance obligations span multiple parties — manufacturers, importers, retailers — requiring understanding of supply chain responsibilities","Technical standards for water efficiency ratings may require reference to external standards documents or regulations not visible in this excerpt"],"plain_english_summary":"The Water Efficiency Labelling and Standards Act 2013 (Tasmania) requires many water-using products sold or installed in the state to carry water-efficiency labels and meet minimum performance standards, aligning Tasmania with the national WELS scheme.  \n\nIt affects consumers, retailers, manufacturers and installers by promoting water-saving purchases and blocking inefficient products from sale — helping reduce water use, lower bills, and enforce compliance."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act replaces the former State WELS framework and extends Commonwealth water-efficiency laws to matters within State legislative competence by applying those laws as State law (s6). It shifts enforcement, procedural regimes and revenue (fees/penalties) to operate under Commonwealth frameworks (ss12, 15, 19), and permits the State to regulate which Commonwealth amendments take effect for the State (s7). These changes alter both substantive scope and administrative jurisdiction compared with the prior State-only scheme (s23, s24)."},"complexity_factors":["Incorporation of an entire Commonwealth Act and its subordinate instruments as State law, including ongoing amendments (s6, s4(3))","Power for State regulations to modify which Commonwealth amendments apply, including freezing amendments (s7)","Application of Commonwealth administrative and criminal laws to State matters ‘as if’ they were Commonwealth laws, altering procedural and review pathways (ss12, 15)","Conferral of functions and powers on Commonwealth regulators and officers to operate in the State, and preservation of existing delegations (ss9, 10, 13, 16)","Import of Commonwealth interpretation rules and exclusion of the State Acts Interpretation Act for applied provisions (s8)","Directing of fees, fines and penalties payable under the applied provisions to the Commonwealth (s19)","No-double-jeopardy and pecuniary-penalty coordination between Commonwealth and State enforcement (s14)","Limit on conferring federal-court jurisdiction under applied Commonwealth administrative laws (s15(4))","Administrative requirements for tabling Commonwealth amendments and Governor/Ministerial roles in regulation and administration (s20, ss21–22)","Repeal and revocation of prior State legislation and proclamations to effect the transfer (s23, s24, Schedules)"],"plain_english_summary":"This Act applies the Commonwealth *Water Efficiency Labelling and Standards Act 2005* as a law of the State to create a uniform national regime for water-efficiency labelling and standards (s3, s6). It makes the Commonwealth WELS Regulator and Commonwealth administrative and criminal procedures operate in Tasmania, allows regulations to modify which Commonwealth amendments apply (ss9–16, 7), and directs fees and penalties to the Commonwealth (s19). Businesses must comply with Commonwealth labelling and standards enforced by Commonwealth officers in the State."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of adopting the national water efficiency labelling scheme. It does not expand beyond this core function into broader environmental or consumer protection areas. The mechanism of applying Commonwealth laws as State law was the intended design from inception, not a later expansion."},"complexity_factors":["Mirror legislation structure: The Act doesn't create substantive rules itself but imports an entire Commonwealth Act by reference, requiring readers to consult two separate statutes simultaneously","Multiple layers of application: Commonwealth criminal laws, administrative laws, and interpretation laws all apply as Tasmanian law through separate mechanisms (sections 8, 12, 15)","Conditional modifications: Section 7 allows regulations to modify the applied Commonwealth laws, including 'un-applying' future federal amendments, creating uncertainty about which version applies","Jurisdictional complexity: The Act creates a hybrid where offences are treated as Commonwealth offences for some purposes but remain State law for others (sections 12(2) and 15(2))","Cross-referencing density: Heavy reliance on defined terms from the Commonwealth Act (section 4(2)), and application of external statutes including the Administrative Review Tribunal Act 2024, Freedom of Information Act 1982, Ombudsman Act 1976, and Privacy Act 1988","Double jeopardy provisions: Section 14 creates exceptions to prevent dual punishment, adding conditional logic","Nested definitions: 8 defined terms in section 4, several of which themselves refer to complex external legislative schemes"],"plain_english_summary":"**What this law does:**\n\nThis is Tasmania's version of a national scheme that makes sure water-using products (like washing machines, toilets, and taps) meet efficiency standards and display water rating labels. Instead of writing its own detailed rules, Tasmania has \"adopted\" the Commonwealth (federal) Water Efficiency Labelling and Standards Act 2005 and made it apply as Tasmanian law.\n\n**Who it affects:**\n\n- **Manufacturers and suppliers** of water-using products sold in Tasmania\n- **Retailers** who sell these products\n- **Consumers** who buy labelled products (the labels help you compare water efficiency)\n- The **Commonwealth Regulator** (the federal official who enforces the scheme)\n\n**Why it matters:**\n\n- **Uniformity:** It ensures the same rules apply whether you're in Hobart or Sydney, so businesses don't face different state regulations.\n- **Water conservation:** The labels help Australians choose products that use less water.\n- **Single regulator:** The federal government administers and enforces the law for Tasmania too, saving the state from duplicating bureaucracy.\n\n**Key features:**\n\n- The federal law applies in Tasmania as if it were Tasmanian law (section 6)\n- Federal criminal and administrative laws (like those covering investigations, courts, and freedom of information) also apply to offences and decisions under this Act (sections 12 and 15)\n- You can't be punished twice for the same offence under both federal and state law (section 14)\n- Any fees or fines go to the Commonwealth, not Tasmania (section 19)\n- The Minister must table any federal amendments in Parliament so Tasmania stays informed of changes (section 20)"}},"importantCases":[],"_links":{"self":"/api/acts/water-efficiency-labelling-and-standards-act-2013","history":"/api/acts/water-efficiency-labelling-and-standards-act-2013/history","analysis":"/api/acts/water-efficiency-labelling-and-standards-act-2013/analysis","conflicts":"/api/acts/water-efficiency-labelling-and-standards-act-2013/conflicts","importantCases":"/api/acts/water-efficiency-labelling-and-standards-act-2013/important-cases","documents":"/api/acts/water-efficiency-labelling-and-standards-act-2013/documents"}}