{"id":"F2013L01574","name":"Water Efficiency Labelling and Standards Determination 2013 (No. 2)","slug":"water-efficiency-labelling-and-standards-determination-2013-no-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":91374,"registerId":"commonwealth-F2013L01574-current","compilationNumber":null,"startDate":"2026-04-02","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":"Name of determination","content":"#### 1 Name of determination\n\n  This determination is the Water Efficiency Labelling and Standards Determination 2013 (No. 2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This determination is made under sections 18, 19 and 26 of the Water Efficiency Labelling and Standards Act 2005.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this determination:\n\n> Act means the Water Efficiency Labelling and Standards Act 2005.\n\n> application fee means a fee payable under the Water Efficiency Labelling and Standards (Registration Fees) Determination 2013 for an application under section 9 or 10 of this determination.\n\n> AS 3718:2021 means Australian Standard AS 3718:2021 Water supply – Tap ware, as in force on 17 September 2021.\n\n> AS/NZS 3500.0:2021 means Australian/New Zealand Standard AZ/NZS 3500.0:2021 Plumbing and drainage, Part 0: Glossary of terms, as in force on 26 February 2021.\n\n> AS/NZS 3662:2013 means Australian/New Zealand Standard AS/NZS 3662:2013 Performance of showers for bathing, as in force on 1 July 2023.\n\n> AS/NZS 6400:2016 means Australian/New Zealand Standard AS/NZS 6400:2016 Water efficient products—Rating and labelling published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as in force on 4 November 2022 and as modified by subsection 5B(1).\n\n> basin has the same meaning given by AS/NZS 3500.0:2021.\n\n> bath has the same meaning given by AS/NZS 3500.0:2021.\n\n> charging year means a period of 12 months starting on 15 September.\n\n> clothes washing machine includes a clothes washing machine that has a clothes drying function.\n\n> drench shower has the same meaning given by AS/NZS 3500.0:2021.\n\n> flow controller has the same meaning given by AS/NZS 3500.0:2021.\n\n> laundry trough has the same meaning given by AS/NZS 3500.0:2021.\n\n> minor product has the meaning given by subsections 5A(1) and (2).\n\n> Plumbing Code means the document titled National Construction Code Series, Volume Three, Plumbing Code of Australia 2022, published by the Australian Building Codes Board, as in force from time to time.\n\n> registrant, for a registered WELS product, means the person in relation to whom the product is registered.\n\n> safety shower has the same meaning given by AS/NZS 3500.0:2021.\n\n> shower has the same meaning given by AS/NZS 3500.0:2021.\n\n> sink has the same meaning given by AS/NZS 3500.0:2021.\n\n> spa bath has the same meaning given by AS/NZS 3500.0:2021.\n\n> thermostatic mixing tap has the same meaning given by AS/NZS 3500.0:2021.\n\n> WaterMark has the same meaning given by the Plumbing Code.\n\n> WaterMark conformity assessment body has the same meaning given by the Plumbing Code.\n\n> WELS standard has the meaning given by section 7.\n\n> WMTS-105:2016 means WaterMark Technical Specification WMTS-105:2016 Appliances – beverage dispensers and icemakers, published by the Australian Building Codes Board in 2016.\n\n> Note: This is the same version as the one adopted by the Australian Building Codes Board on 1 August 2017.","sortOrder":3},{"sectionNumber":"5A","sectionType":"section","heading":"Meaning of minor product","content":"#### 5A Meaning of minor product\n\n  For section 9 applications\n  (1) A WELS product is a minor product for the purposes of an application by a person to register the product under section 9 if the person satisfies the Regulator that fewer than 100 units of the product are expected to be sold in Australia in a period of 12 months specified by the Regulator.\n  For section 10 applications\n  (2) A WELS product is a minor product for the purposes of an application by a person to register the product under section 10 if the product was a minor product under subsection (1) and either:\n    (a) the Regulator has not given the person a notice under subsection (3) in relation to the product; or\n    (b) the Regulator has given the person a notice under subsection (3) in relation to the product and the information provided in response to the notice satisfies the Regulator of a matter mentioned in paragraph (3)(a) or (b).\n  Regulator may ask for information\n  (3) If a person applies to register a product under section 10 and the product was a minor product under subsection (1), the Regulator may, by notice in writing given to the person, ask the person to provide information to satisfy the Regulator that:\n    (a) fewer than 100 units of the product were sold in Australia in the period of 12 months specified in the notice; or\n    (b) fewer than 100 units of the product are expected to be sold in Australia in the next period of 12 months.","sortOrder":4},{"sectionNumber":"5B","sectionType":"section","heading":"Modifications of AS/NZS 6400:2016","content":"#### 5B Modifications of AS/NZS 6400:2016\n\n  (1) For the purposes of this determination, AS/NZS 6400:2016 applies as if the following were added at the end of Note 1 to Table 3.1:\n    The tests in Appendix H (Determination of Nominal Spray Force) and Appendix I (Determination of Spray Coverage) to AS/NZS 3662:2013 are approved tests for high pressure showers in flow rate Ranges E and F.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"WELS products and WELS standards","content":"## Part 2—WELS products and WELS standards","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Determination of WELS products","content":"#### 6 Determination of WELS products\n\n  (1) A water‑use product or water‑saving product of any of the following kinds is a WELS product:\n    (a) tap equipment that is for use over a fixed basin, sink or laundry trough, other than:\n    (i) tap equipment that is for use exclusively over a bath or spa bath;\n    (ii) thermostatic mixing taps;\n    (iii) bidet taps;\n    (iv) taps that are exclusively used to deliver filtered, chilled or boiled water;\n    (v) drinking fountains certified in accordance with WMTS-105:2016;\n    (vi) drinking fountain outlets certified in accordance with AS 3718:2021 and categorised by a WaterMark conformity assessment body as drinking fountains and bottle fillers;\n    (vii) bottle fillers certified in accordance with WMTS-105:2016; and\n    (viii) bottle filler outlets certified in accordance with AS 3718:2021 and categorised by a WaterMark conformity assessment body as drinking fountains and bottle fillers;\n    (b) fixed showers that are for use exclusively for personal bathing, other than:\n    (i) drench showers; and\n    (ii) safety showers;\n    (c) electric dishwashers that can have a connection to a potable water supply and that are intended for household use;\n    (d) electric clothes washing machines that can have a connection to a potable water supply and that are intended for household use, including such machines that are:\n    (i) cold wash only; or\n    (ii) combination clothes washing machine dryers;\n    (e) lavatory equipment that uses water, including toilets, cisterns, pans and associated flushing devices;\n    (f) urinal equipment that uses water, including associated flushing devices;\n    (g) flow controllers that are:\n    (i) for use in a product that is a WELS product under any of paragraphs (a) to (d); and\n    (ii) offered for supply separately from the product (whether or not they are also offered for supply as a component of the product).","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"WELS standard","content":"#### 7 WELS standard\n\n  (1) This section sets out the WELS standard for the products mentioned in section 6.\n  (2) The WELS standard for a product consists of:\n    (a) the performance, testing and labelling requirements set out in AS/NZS 6400:2016; and\n    (b) the requirements mentioned in section 8.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"WELS standard requirements","content":"#### 8 WELS standard requirements\n\n  (1) A product mentioned in paragraphs 6(a) to (g) must be registered for supply as a new product for any purpose.\n  (2) A product mentioned in paragraph 6(a), (b), (e), (f) or (g) that may be used or installed in a plumbing installation must comply with clause A5G4 of the Plumbing Code.\n  (3) A product mentioned in section 6 that is registered must be WELS‑labelled for supply as a new product for any purpose.","sortOrder":9},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Registration of WELS products","content":"## Part 1—Preliminary\n\n#### 1 Name of determination\n\n  This determination is the Water Efficiency Labelling and Standards Determination 2013 (No. 2).\n\n#### 3 Authority\n\n  This determination is made under sections 18, 19 and 26 of the Water Efficiency Labelling and Standards Act 2005.\n\n#### 5 Definitions\n\n  In this determination:\n\n> Act means the Water Efficiency Labelling and Standards Act 2005.\n\n> application fee means a fee payable under the Water Efficiency Labelling and Standards (Registration Fees) Determination 2013 for an application under section 9 or 10 of this determination.\n\n> AS 3718:2021 means Australian Standard AS 3718:2021 Water supply – Tap ware, as in force on 17 September 2021.\n\n> AS/NZS 3500.0:2021 means Australian/New Zealand Standard AZ/NZS 3500.0:2021 Plumbing and drainage, Part 0: Glossary of terms, as in force on 26 February 2021.\n\n> AS/NZS 3662:2013 means Australian/New Zealand Standard AS/NZS 3662:2013 Performance of showers for bathing, as in force on 1 July 2023.\n\n> AS/NZS 6400:2016 means Australian/New Zealand Standard AS/NZS 6400:2016 Water efficient products—Rating and labelling published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as in force on 4 November 2022 and as modified by subsection 5B(1).\n\n> basin has the same meaning given by AS/NZS 3500.0:2021.\n\n> bath has the same meaning given by AS/NZS 3500.0:2021.\n\n> charging year means a period of 12 months starting on 15 September.\n\n> clothes washing machine includes a clothes washing machine that has a clothes drying function.\n\n> drench shower has the same meaning given by AS/NZS 3500.0:2021.\n\n> flow controller has the same meaning given by AS/NZS 3500.0:2021.\n\n> laundry trough has the same meaning given by AS/NZS 3500.0:2021.\n\n> minor product has the meaning given by subsections 5A(1) and (2).\n\n> Plumbing Code means the document titled National Construction Code Series, Volume Three, Plumbing Code of Australia 2022, published by the Australian Building Codes Board, as in force from time to time.\n\n> registrant, for a registered WELS product, means the person in relation to whom the product is registered.\n\n> safety shower has the same meaning given by AS/NZS 3500.0:2021.\n\n> shower has the same meaning given by AS/NZS 3500.0:2021.\n\n> sink has the same meaning given by AS/NZS 3500.0:2021.\n\n> spa bath has the same meaning given by AS/NZS 3500.0:2021.\n\n> thermostatic mixing tap has the same meaning given by AS/NZS 3500.0:2021.\n\n> WaterMark has the same meaning given by the Plumbing Code.\n\n> WaterMark conformity assessment body has the same meaning given by the Plumbing Code.\n\n> WELS standard has the meaning given by section 7.\n\n> WMTS-105:2016 means WaterMark Technical Specification WMTS-105:2016 Appliances – beverage dispensers and icemakers, published by the Australian Building Codes Board in 2016.\n\n> Note: This is the same version as the one adopted by the Australian Building Codes Board on 1 August 2017.\n\n#### 5A Meaning of minor product\n\n  For section 9 applications\n  (1) A WELS product is a minor product for the purposes of an application by a person to register the product under section 9 if the person satisfies the Regulator that fewer than 100 units of the product are expected to be sold in Australia in a period of 12 months specified by the Regulator.\n  For section 10 applications\n  (2) A WELS product is a minor product for the purposes of an application by a person to register the product under section 10 if the product was a minor product under subsection (1) and either:\n    (a) the Regulator has not given the person a notice under subsection (3) in relation to the product; or\n    (b) the Regulator has given the person a notice under subsection (3) in relation to the product and the information provided in response to the notice satisfies the Regulator of a matter mentioned in paragraph (3)(a) or (b).\n  Regulator may ask for information\n  (3) If a person applies to register a product under section 10 and the product was a minor product under subsection (1), the Regulator may, by notice in writing given to the person, ask the person to provide information to satisfy the Regulator that:\n    (a) fewer than 100 units of the product were sold in Australia in the period of 12 months specified in the notice; or\n    (b) fewer than 100 units of the product are expected to be sold in Australia in the next period of 12 months.\n\n#### 5B Modifications of AS/NZS 6400:2016\n\n  (1) For the purposes of this determination, AS/NZS 6400:2016 applies as if the following were added at the end of Note 1 to Table 3.1:\n    The tests in Appendix H (Determination of Nominal Spray Force) and Appendix I (Determination of Spray Coverage) to AS/NZS 3662:2013 are approved tests for high pressure showers in flow rate Ranges E and F.\n\n## Part 2—WELS products and WELS standards\n\n#### 6 Determination of WELS products\n\n  (1) A water‑use product or water‑saving product of any of the following kinds is a WELS product:\n    (a) tap equipment that is for use over a fixed basin, sink or laundry trough, other than:\n    (i) tap equipment that is for use exclusively over a bath or spa bath;\n    (ii) thermostatic mixing taps;\n    (iii) bidet taps;\n    (iv) taps that are exclusively used to deliver filtered, chilled or boiled water;\n    (v) drinking fountains certified in accordance with WMTS-105:2016;\n    (vi) drinking fountain outlets certified in accordance with AS 3718:2021 and categorised by a WaterMark conformity assessment body as drinking fountains and bottle fillers;\n    (vii) bottle fillers certified in accordance with WMTS-105:2016; and\n    (viii) bottle filler outlets certified in accordance with AS 3718:2021 and categorised by a WaterMark conformity assessment body as drinking fountains and bottle fillers;\n    (b) fixed showers that are for use exclusively for personal bathing, other than:\n    (i) drench showers; and\n    (ii) safety showers;\n    (c) electric dishwashers that can have a connection to a potable water supply and that are intended for household use;\n    (d) electric clothes washing machines that can have a connection to a potable water supply and that are intended for household use, including such machines that are:\n    (i) cold wash only; or\n    (ii) combination clothes washing machine dryers;\n    (e) lavatory equipment that uses water, including toilets, cisterns, pans and associated flushing devices;\n    (f) urinal equipment that uses water, including associated flushing devices;\n    (g) flow controllers that are:\n    (i) for use in a product that is a WELS product under any of paragraphs (a) to (d); and\n    (ii) offered for supply separately from the product (whether or not they are also offered for supply as a component of the product).\n\n#### 7 WELS standard\n\n  (1) This section sets out the WELS standard for the products mentioned in section 6.\n  (2) The WELS standard for a product consists of:\n    (a) the performance, testing and labelling requirements set out in AS/NZS 6400:2016; and\n    (b) the requirements mentioned in section 8.\n\n#### 8 WELS standard requirements\n\n  (1) A product mentioned in paragraphs 6(a) to (g) must be registered for supply as a new product for any purpose.\n  (2) A product mentioned in paragraph 6(a), (b), (e), (f) or (g) that may be used or installed in a plumbing installation must comply with clause A5G4 of the Plumbing Code.\n  (3) A product mentioned in section 6 that is registered must be WELS‑labelled for supply as a new product for any purpose.\n\n## Part 2A—Registration of WELS products\n\n#### 9 Application for registration of new product\n\n  (1) Any of the following may apply in writing to the Regulator to register a WELS product that is not registered:\n    (a) the manufacturer of the product;\n    (b) the importer of the product, if the importer has the agreement of the manufacturer in writing that the importer will make the application;\n    (c) another person, if:\n    (i) the person has the agreement of the manufacturer in writing that the person will make the application; and\n    (ii) the Regulator is satisfied that registering the product in relation to the person would allow the proper administration of the Act in relation to the product;\n    (d) another person, if the Regulator is satisfied that:\n    (i) the person has an appropriate connection with the product; and\n    (ii) registering the product in relation to the person would allow the proper administration of the Act in relation to the product.\n  (2) The application must be made in a form approved by the Regulator.\n\n> Note: In 2013, the application forms were available at http://www.waterrating.gov.au.\n\n  (3) The application must be accompanied by:\n    (a) test reports from a laboratory approved by the Regulator that evaluate the compliance of the product with the water efficiency requirements in the WELS standard for the product; and\n    (b) test reports from a laboratory approved by the Regulator, or WaterMark conformity assessment body’s certification reports, that evaluate the compliance of the product with the performance requirements in the WELS standard for the product; and\n    (c) an application fee.\n  (4) The application may be accompanied by any other document that is relevant to whether the product complies with the water efficiency requirements or performance requirements in the WELS standard for the product.\n  (5) An application under this section may relate to a WELS product that is a minor product.\n\n#### 10 Application for renewal of registration\n\n  (1) The registrant for a registered WELS product may apply in writing to the Regulator to register the product for a further period.\n  (2) The application must be made in a form approved by the Regulator.\n\n> Note: In 2013, application forms were available at http://www.waterrating.gov.au.\n\n  (3) The application may be made only during the period beginning on 15 September and ending on 5 December in the charging year in which the registration is due to end under subsection 13(1).\n  (4) The registrant may:\n    (a) identify documents previously submitted to the Regulator that the registrant wishes to rely on to show that the product complies with the water efficiency requirements or performance requirements in the WELS standard for the product; or\n    (b) if the registrant does not wish to rely on a previous document—submit a new document to the Regulator.\n\n> Note: Reasons a new document, such as a new test report, might be required include a change in the product or a change in the WELS standard since the product was registered.\n\n  (5) The application must be accompanied by an application fee.\n  (6) An application under this section may relate to a WELS product that is a minor product.\n\n#### 11 Waiver and refund of fees\n\n  (1) The Regulator may waive or refund an application fee, or part of an application fee, if:\n    (a) the application is refused; or\n    (b) the application fee was calculated incorrectly; or\n    (c) the application fee should not have been charged; or\n    (d) the application was made as a result of the cancellation or suspension of a registration and the Regulator considers that the cancellation or suspension should not have occurred; or\n    (e) the application relates to the performance of a product at a particular water pressure, and a fee has already been received for an earlier application in relation to the performance of the product at another water pressure; or\n    (f) the product to which the application relates is not registered; or\n    (g) the Regulator considers that a waiver or refund of the application fee is appropriate in the circumstances.\n  (2) If the Regulator waives or refunds the whole of the application fee, the application is taken not to have been made for the purpose of working out the application fees for subsequent applications by the same person in the same charging year.\n\n#### 12 Registration of products\n\n  (1) If an application is made for registration of a WELS product, the Regulator must register the product in relation to the person who made the application unless the Regulator refuses to register the product under subsection (2).\n  (2) The Regulator may refuse to register a WELS product if:\n    (a) the application is not made in accordance with section 9 or 10; or\n    (b) the application fee is not paid and has not been waived; or\n    (c) the Regulator is not satisfied that all of the information provided in the application is accurate; or\n    (d) the product:\n    (i) does not satisfy a minimum water efficiency requirement or a minimum performance requirement in the WELS standard for the product; or\n    (ii) does not satisfy the requirements of subsection 8(2).\n\n> Note: For the review of a decision to refuse to register a WELS product, see section 69 of the Act.\n\n#### 13 Period of registration\n\n  (1) Subject to subsection (1A), a registered WELS product is registered until 21 January in the next charging year after the charging year in which the application was made to register the product.\n  (1A) If, in the charging year in which the registration of a WELS product would otherwise end under subsection (1), an application to register the product for a further period is not made in accordance with subsection 10(3), the product is registered until 21 July in that charging year.\n  (2) Despite subsections (1) and (1A):\n    (a) if the registration of a WELS product is cancelled, the registration ends on the date of cancellation; and\n    (b) if the registration of a WELS product is suspended, the product is taken to not be registered while the suspension is in force.\n\n#### 14 Requirements for product to remain registered\n\n  (1) This section sets out the requirements that must be complied with in order for a WELS product to remain registered.\n  (3) The registrant must notify the Regulator as soon as practicable in writing if the product is altered in a way that affects:\n    (a) the performance of the product, including water consumption; or\n    (b) the compliance of the product with the WELS standard for the product.\n\n#### 14A Requirements for recordkeeping\n\n  (1) The registrant must:\n    (a) retain copies of all documents included in the application for registration for 2 years after the registration has ended; and\n    (b) make the documents available for inspection by the Regulator on the Regulator’s request.\n\n#### 15 Cancelling or suspending registration\n\n  (1) The Regulator may cancel or suspend the registration of a WELS product if:\n    (a) the requirements in section 14 are not complied with; or\n    (b) the Regulator is satisfied that the information provided either in the application for registration of the product or by notification to the Regulator:\n    (i) was not accurate at the time of the provision of the information; or\n    (ii) is no longer accurate; or\n    (c) the Regulator is satisfied that the product does not comply with the WELS standard for that product set out in section 7.\n\n> Note: For the review of a decision to cancel or suspend the registration of a WELS product, see section 69 of the Act.\n\n#### 16 Reviewable decisions\n\n  (1) If a person making an application for registration requests the waiver or refund of the application fee under subsection 11(1), a decision by the Regulator to refuse to waive or refund the application fee is a reviewable decision for the purposes of Part 11 of the Act.\n  (2) The applicant is the affected person for the purposes of Part 11 of the Act.\n\n## Part 3—Register of WELS products\n\n#### 17 Register of WELS products\n\n  (1) The Regulator must keep a register of WELS products.\n  (2) The Register must be maintained by electronic means.\n  (3) The Register must be made available for inspection on the Regulator’s website.\n\n#### 18 Correction of Register\n\n  The Regulator may alter the Register to correct a clerical error or obvious defect in the Register.\n\n#### 19 Change of registrant\n\n  Request by current registrant\n  (1) The registrant for a registered WELS product may make a request in writing to the Regulator for another person (the transferee) to become the registrant.\n  (2) The Regulator may accept the transferee as the registrant if the Regulator is satisfied that the transferee has agreed to become the registrant.\n  Request by transferee\n  (3) A person (the transferee) may make a request in writing to the Regulator to become the registrant for a registered WELS product.\n  (4) The Regulator may accept the transferee as the registrant if:\n    (a) the Regulator is satisfied that the current registrant has agreed to the transferee becoming the registrant; or\n    (b) the Regulator is satisfied that accepting the transferee as the registrant would allow the proper administration of the Act.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Application for registration of new product","content":"#### 9 Application for registration of new product\n\n  (1) Any of the following may apply in writing to the Regulator to register a WELS product that is not registered:\n    (a) the manufacturer of the product;\n    (b) the importer of the product, if the importer has the agreement of the manufacturer in writing that the importer will make the application;\n    (c) another person, if:\n    (i) the person has the agreement of the manufacturer in writing that the person will make the application; and\n    (ii) the Regulator is satisfied that registering the product in relation to the person would allow the proper administration of the Act in relation to the product;\n    (d) another person, if the Regulator is satisfied that:\n    (i) the person has an appropriate connection with the product; and\n    (ii) registering the product in relation to the person would allow the proper administration of the Act in relation to the product.\n  (2) The application must be made in a form approved by the Regulator.\n\n> Note: In 2013, the application forms were available at http://www.waterrating.gov.au.\n\n  (3) The application must be accompanied by:\n    (a) test reports from a laboratory approved by the Regulator that evaluate the compliance of the product with the water efficiency requirements in the WELS standard for the product; and\n    (b) test reports from a laboratory approved by the Regulator, or WaterMark conformity assessment body’s certification reports, that evaluate the compliance of the product with the performance requirements in the WELS standard for the product; and\n    (c) an application fee.\n  (4) The application may be accompanied by any other document that is relevant to whether the product complies with the water efficiency requirements or performance requirements in the WELS standard for the product.\n  (5) An application under this section may relate to a WELS product that is a minor product.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Application for renewal of registration","content":"#### 10 Application for renewal of registration\n\n  (1) The registrant for a registered WELS product may apply in writing to the Regulator to register the product for a further period.\n  (2) The application must be made in a form approved by the Regulator.\n\n> Note: In 2013, application forms were available at http://www.waterrating.gov.au.\n\n  (3) The application may be made only during the period beginning on 15 September and ending on 5 December in the charging year in which the registration is due to end under subsection 13(1).\n  (4) The registrant may:\n    (a) identify documents previously submitted to the Regulator that the registrant wishes to rely on to show that the product complies with the water efficiency requirements or performance requirements in the WELS standard for the product; or\n    (b) if the registrant does not wish to rely on a previous document—submit a new document to the Regulator.\n\n> Note: Reasons a new document, such as a new test report, might be required include a change in the product or a change in the WELS standard since the product was registered.\n\n  (5) The application must be accompanied by an application fee.\n  (6) An application under this section may relate to a WELS product that is a minor product.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Waiver and refund of fees","content":"#### 11 Waiver and refund of fees\n\n  (1) The Regulator may waive or refund an application fee, or part of an application fee, if:\n    (a) the application is refused; or\n    (b) the application fee was calculated incorrectly; or\n    (c) the application fee should not have been charged; or\n    (d) the application was made as a result of the cancellation or suspension of a registration and the Regulator considers that the cancellation or suspension should not have occurred; or\n    (e) the application relates to the performance of a product at a particular water pressure, and a fee has already been received for an earlier application in relation to the performance of the product at another water pressure; or\n    (f) the product to which the application relates is not registered; or\n    (g) the Regulator considers that a waiver or refund of the application fee is appropriate in the circumstances.\n  (2) If the Regulator waives or refunds the whole of the application fee, the application is taken not to have been made for the purpose of working out the application fees for subsequent applications by the same person in the same charging year.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Registration of products","content":"#### 12 Registration of products\n\n  (1) If an application is made for registration of a WELS product, the Regulator must register the product in relation to the person who made the application unless the Regulator refuses to register the product under subsection (2).\n  (2) The Regulator may refuse to register a WELS product if:\n    (a) the application is not made in accordance with section 9 or 10; or\n    (b) the application fee is not paid and has not been waived; or\n    (c) the Regulator is not satisfied that all of the information provided in the application is accurate; or\n    (d) the product:\n    (i) does not satisfy a minimum water efficiency requirement or a minimum performance requirement in the WELS standard for the product; or\n    (ii) does not satisfy the requirements of subsection 8(2).\n\n> Note: For the review of a decision to refuse to register a WELS product, see section 69 of the Act.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Period of registration","content":"#### 13 Period of registration\n\n  (1) Subject to subsection (1A), a registered WELS product is registered until 21 January in the next charging year after the charging year in which the application was made to register the product.\n  (1A) If, in the charging year in which the registration of a WELS product would otherwise end under subsection (1), an application to register the product for a further period is not made in accordance with subsection 10(3), the product is registered until 21 July in that charging year.\n  (2) Despite subsections (1) and (1A):\n    (a) if the registration of a WELS product is cancelled, the registration ends on the date of cancellation; and\n    (b) if the registration of a WELS product is suspended, the product is taken to not be registered while the suspension is in force.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Requirements for product to remain registered","content":"#### 14 Requirements for product to remain registered\n\n  (1) This section sets out the requirements that must be complied with in order for a WELS product to remain registered.\n  (3) The registrant must notify the Regulator as soon as practicable in writing if the product is altered in a way that affects:\n    (a) the performance of the product, including water consumption; or\n    (b) the compliance of the product with the WELS standard for the product.","sortOrder":16},{"sectionNumber":"14A","sectionType":"section","heading":"Requirements for recordkeeping","content":"#### 14A Requirements for recordkeeping\n\n  (1) The registrant must:\n    (a) retain copies of all documents included in the application for registration for 2 years after the registration has ended; and\n    (b) make the documents available for inspection by the Regulator on the Regulator’s request.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Cancelling or suspending registration","content":"#### 15 Cancelling or suspending registration\n\n  (1) The Regulator may cancel or suspend the registration of a WELS product if:\n    (a) the requirements in section 14 are not complied with; or\n    (b) the Regulator is satisfied that the information provided either in the application for registration of the product or by notification to the Regulator:\n    (i) was not accurate at the time of the provision of the information; or\n    (ii) is no longer accurate; or\n    (c) the Regulator is satisfied that the product does not comply with the WELS standard for that product set out in section 7.\n\n> Note: For the review of a decision to cancel or suspend the registration of a WELS product, see section 69 of the Act.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Reviewable decisions","content":"#### 16 Reviewable decisions\n\n  (1) If a person making an application for registration requests the waiver or refund of the application fee under subsection 11(1), a decision by the Regulator to refuse to waive or refund the application fee is a reviewable decision for the purposes of Part 11 of the Act.\n  (2) The applicant is the affected person for the purposes of Part 11 of the Act.","sortOrder":19},{"sectionNumber":"Part 3","sectionType":"part","heading":"Register of WELS products","content":"## Part 3—Register of WELS products","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Register of WELS products","content":"#### 17 Register of WELS products\n\n  (1) The Regulator must keep a register of WELS products.\n  (2) The Register must be maintained by electronic means.\n  (3) The Register must be made available for inspection on the Regulator’s website.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Correction of Register","content":"#### 18 Correction of Register\n\n  The Regulator may alter the Register to correct a clerical error or obvious defect in the Register.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Change of registrant","content":"#### 19 Change of registrant\n\n  Request by current registrant\n  (1) The registrant for a registered WELS product may make a request in writing to the Regulator for another person (the transferee) to become the registrant.\n  (2) The Regulator may accept the transferee as the registrant if the Regulator is satisfied that the transferee has agreed to become the registrant.\n  Request by transferee\n  (3) A person (the transferee) may make a request in writing to the Regulator to become the registrant for a registered WELS product.\n  (4) The Regulator may accept the transferee as the registrant if:\n    (a) the Regulator is satisfied that the current registrant has agreed to the transferee becoming the registrant; or\n    (b) the Regulator is satisfied that accepting the transferee as the registrant would allow the proper administration of the Act.","sortOrder":23}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This determination refines and updates the operational details of the existing WELS scheme rather than expanding its fundamental scope. It specifies which products are WELS products, binds them to AS/NZS 6400:2016 (with a technical modification permitting certain AS/NZS 3662:2013 tests for high‑pressure showers), and sets out registration, fee, labelling, recordkeeping and enforcement rules. Those are implementation and technical updates (including newer versions of referenced Australian Standards and explicit administrative procedures such as the minor‑product rule), rather than a significant broadening beyond the original purpose of setting and enforcing minimum water‑efficiency and labelling requirements under the Water Efficiency Labelling and Standards Act 2005."},"complexity_factors":["Multiple external standards referenced and incorporated by reference (AS/NZS 6400:2016, AS/NZS 3662:2013, AS 3718:2021, Plumbing Code, WMTS-105:2016) increasing interpretive dependencies (Definitions, subsection 5B(1), section 7).","At least 20 defined terms in the Definitions section, some of which link to other standards (section 5).","Conditional pathways and exceptions: e.g. product exclusions within tap equipment (section 6(a)), minor-product rules with Regulator verification (subsection 5A), and flow controllers treated differently when sold separately (paragraph 6(g)).","Administrative timelines and windows (renewal application period: 15 September–5 December; charging year definition and staggered registration end dates) create procedural complexity (section 10(3), section 13).","Multiple Regulator discretions (refuse/accept registrant, waive/refund fees, request information, cancel/suspend registration) requiring factual assessment and creating enforcement variance (subsection 5A(3), section 11, sections 12, 15).","Cross-references to the principal Act for review rights and enforcement (e.g. review under Part 11 of the Act referenced in section 12 and section 16).","Technical testing and certification evidence requirements (test reports from Regulator‑approved labs, WaterMark certification) with potential for iteration and re-testing (section 9(3), section 10(4)).","Recordkeeping and disclosure obligations (retain documents for 2 years after registration ends; make available on request) add compliance burden (section 14A)."],"plain_english_summary":"**What this instrument does (mechanics)\n\n- Identifies which water-using products are covered by the WELS scheme (WELS products). Key categories include taps (for basins, sinks, laundry troughs), fixed showers for personal bathing, household dishwashers and clothes washing machines, toilets and urinals, and flow controllers sold separately (see section 6).\n- Establishes the WELS standard that those products must meet: the testing, performance and labelling rules in AS/NZS 6400:2016 together with specific additional requirements in the determination (sections 7–8).\n- Requires registration of any listed WELS product before supply as a new product (sections 8(1), 9–13). Registration must be supported by test reports from Regulator‑approved laboratories and, where relevant, WaterMark certification reports (section 9(3)).\n- Sets out who may apply to be the registrant (manufacturer, importer with written agreement, or other persons in specified circumstances) and the form and timing of applications and renewals (sections 9–10, 13).\n- Creates a minor‑product pathway for products expected to sell fewer than 100 units in a 12‑month period, subject to Regulator verification (subsection 5A(1)–(3)).\n- Prescribes fees, and gives the Regulator power to waive or refund fees in particular circumstances (section 11).\n- Requires registrants to notify the Regulator promptly of product changes affecting performance or compliance, to retain application documents for two years after registration ends, and to make them available on request (sections 14, 14A).\n- Gives the Regulator powers to refuse, cancel or suspend registrations where information is inaccurate, records are deficient, or products fail to meet standards; also establishes review rights for certain fee decisions (sections 12, 15–16).\n- Requires the Regulator to keep an electronic public register of WELS products and permits correction of clerical errors (sections 17–18). \n\n\n**Who this affects**\n\n- Manufacturers and importers of the listed products: they must ensure products meet the WELS standard, supply test reports and pay application/renewal fees when registering products (sections 6, 7–9, 11).\n- Distributors and retailers who supply new products into the Australian market: they can only supply registered products that carry the required WELS label (section 8(3)).\n- Small-volume suppliers: the determination creates a minor‑product category (fewer than 100 units expected per 12 months) with relaxed registration treatment subject to Regulator verification (subsection 5A).\n- Testing laboratories and WaterMark conformity assessment bodies: their approvals and reports are the evidentiary basis for registration (section 9(3)).\n- The Regulator: exercises discretion over registration, fee waivers, cancellations and public record‑keeping (multiple sections).\n\n\n**Why it matters (stated purpose, and tested against trade-offs and incentives)\n\n- Stated purpose: the determination operationalises the WELS scheme for particular product categories by setting the technical standard, labelling and registration framework so that minimum water efficiency and performance can be enforced (sections 6–8).\n\n- Compliance costs and incentives: manufacturers and importers bear direct costs of testing, certification, registration fees and recordkeeping (sections 9(3), 11, 14A). These costs create incentives to design products to meet the stated standard (section 7) and to consolidate supply chains (e.g. appoint a registrant responsible for compliance) to reduce repetitive testing.\n\n- Treatment of small suppliers: the minor‑product rule (subsection 5A) reduces upfront compliance burden for very low volume products but leaves the Regulator discretion to require evidence, which imposes an administrative step for applicants.\n\n- Administrative discretion and enforcement risk: the Regulator has broad powers to refuse, suspend or cancel registrations for inaccurate information or non‑compliance (section 12(2), section 15). That centralised discretion focuses enforcement capacity but creates operational risk for firms that do not keep contemporaneous records or that change products without notifying the Regulator (section 14).\n\n- Market effects: the rules set a minimum performance floor and require labelling. This can affect product design costs, wholesale and retail prices, and the set of products available in Australia. Firms already selling higher‑efficiency products capture the compliance advantage; new entrants face testing and fee costs.\n\n- Interaction with other technical instruments: the determination references and incorporates external technical standards (AS/NZS 6400:2016, AS/NZS 3662:2013, AS 3718:2021, the Plumbing Code, WaterMark technical specifications). That ties compliance to standards maintained outside this instrument and requires affected firms to track updates to those documents (Definitions and subsection 5B(1)).\n\n\n**Who pays, who decides, and what changes in behaviour**\n\n- Who pays: manufacturers or importers (or other registrants) pay testing costs, certification costs, application and renewal fees, and internal compliance costs (sections 9(3), 11, 14A).\n- Who decides: the Regulator determines whether to accept registrants, whether a product qualifies as a minor product, whether fees will be waived or refunded, and whether registrations will be suspended or cancelled (subsection 5A(3), sections 11, 12, 15).\n- Behavioural changes expected: firms will test and certify products to meet AS/NZS 6400:2016 and related standards; appoint or remain registrants who manage compliance; retain records for at least two years post‑registration; and notify the Regulator of material product changes. Some suppliers may avoid bringing very low‑volume products to market or restructure supply chains to share registration costs.\n\n\n**Key cross‑references and operational details to watch**\n\n- The determination relies heavily on external, technical documents (AS/NZS 6400:2016 and others) for the detailed performance and labelling rules (section 7 and Definitions).\n- Timing windows for renewal are prescriptive (section 10(3), section 13), so registrants must calendar those dates to avoid unintended shortfalls in registration.\n- Flow controllers offered separately are captured when intended for use with WELS products, which affects aftermarket parts and component suppliers (paragraph 6(g)).\n\n(Primary provisions cited: sections 5–5B (definitions and standards incorporation), 6–8 (product coverage and standards), 9–16 (registration, fees, recordkeeping, enforcement), 17–19 (register and change of registrant).)"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of establishing product registration and labelling requirements for water efficiency. The scope remains focused on WELS product classification, registration procedures, and administrative requirements without significant mission creep."},"complexity_factors":["Multiple nested exception lists in section 6 (tap equipment exclusions have 8 sub-points; shower exclusions have 2 sub-points)","21 defined terms in section 5, many referencing external standards (AS/NZS documents)","Incorporation of 5 external standards by reference (AS 3718:2021, AS/NZS 3500.0:2021, AS/NZS 3662:2013, AS/NZS 6400:2016, WMTS-105:2016)","Complex conditional logic for 'minor product' status in section 5A with multiple pathways","Cross-references between sections 9, 10, 13, and 14 creating interdependent compliance requirements","Specific date-based calculations for registration periods (charging years, 15 September-5 December window, 21 January/21 July end dates)","Dual pathways for registrant transfer in section 19 with different evidentiary requirements"],"plain_english_summary":"This law sets Australia’s Water Efficiency Labelling and Standards scheme: it requires manufacturers, importers and suppliers to register covered water-using products (taps, showers, dishwashers, washing machines, toilets, urinals, flow controllers) and display WELS star ratings based on tested water-efficiency. \n\nIt matters because it steers consumer and industry choices toward lower-water appliances, enforces minimum performance for plumbing compliance, and supports household and business water‑bill savings."}},"importantCases":[],"_links":{"self":"/api/acts/water-efficiency-labelling-and-standards-determination-2013-no-2","history":"/api/acts/water-efficiency-labelling-and-standards-determination-2013-no-2/history","analysis":"/api/acts/water-efficiency-labelling-and-standards-determination-2013-no-2/analysis","conflicts":"/api/acts/water-efficiency-labelling-and-standards-determination-2013-no-2/conflicts","importantCases":"/api/acts/water-efficiency-labelling-and-standards-determination-2013-no-2/important-cases","documents":"/api/acts/water-efficiency-labelling-and-standards-determination-2013-no-2/documents"}}