{"id":"nsw:act-2005-012","name":"Water Efficiency Labelling and Standards (New South Wales) Act 2005","slug":"water-efficiency-labelling-and-standards-new-south-wales-act-2005","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"12 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104731,"registerId":"nsw-act-2005-012-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Water Efficiency Labelling and Standards (New South Wales) Act 2005](/view/html/inforce/current/act-2005-012).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"#### 3 Object of Act\n\n3 Object of Act\n\n> > (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.\n> \n> > (2) For that purpose, this Act—\n> > \n> > > (a) applies the [Water Efficiency Labelling and Standards Act 2005](http://www.legislation.gov.au/) of the Commonwealth as a law of this State, and\n> > \n> > > (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.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\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 5, including any modification under section 6.\n> > \n> > Commonwealth administrative laws means the following Acts and regulations of the Commonwealth—\n> > \n> > > (a) the [Administrative Review Tribunal Act 2024](http://www.legislation.gov.au/), excluding Part 7,\n> > \n> > > (b) the [Freedom of Information Act 1982](http://www.legislation.gov.au/),\n> > \n> > > (c) the [Ombudsman Act 1976](http://www.legislation.gov.au/),\n> > \n> > > (d) the [Privacy Act 1988](http://www.legislation.gov.au/),\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](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > Commonwealth water efficiency laws means—\n> > \n> > > (a) the [Water Efficiency Labelling and Standards Act 2005](http://www.legislation.gov.au/) 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> > modifications includes additions, omissions and substitutions.\n> \n> > (2) If an expression is defined in the [Water Efficiency Labelling and Standards Act 2005](http://www.legislation.gov.au/) 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.\n> \n> **s 4:** Am 2025 No 38, Sch 1.14\\[1\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"The applied provisions","content":"# Part 2 The applied provisions\n\nPart 2 The applied provisions","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Application of Commonwealth water efficiency laws to this State","content":"#### 5 Application of Commonwealth water efficiency laws to this State\n\n5 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":6},{"sectionNumber":"6","sectionType":"section","heading":"Modification of Commonwealth water efficiency laws","content":"#### 6 Modification of Commonwealth water efficiency laws\n\n6 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), the regulations may provide that the Commonwealth water efficiency laws apply under section 5 (1) 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":7},{"sectionNumber":"7","sectionType":"section","heading":"Interpretation of Commonwealth water efficiency laws","content":"#### 7 Interpretation of Commonwealth water efficiency laws\n\n7 Interpretation of Commonwealth water efficiency laws\n\n> > (1) The [Acts Interpretation Act 1901](http://www.legislation.gov.au/) of the Commonwealth applies as a law of this State in relation to the interpretation of the applied provisions. That Act 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> > (2) The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) of New South Wales does not apply to the applied provisions.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions and powers under applied provisions","content":"# Part 3 Functions and powers under applied provisions\n\nPart 3 Functions and powers under applied provisions","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Functions and powers of Commonwealth Regulator and other authorities and officers","content":"#### 8 Functions and powers of Commonwealth Regulator and other authorities and officers\n\n8 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":10},{"sectionNumber":"9","sectionType":"section","heading":"Delegations by the Commonwealth Regulator","content":"#### 9 Delegations by the Commonwealth Regulator\n\n9 Delegations by the Commonwealth Regulator\n\n> Any delegation by the Commonwealth Regulator under the [Water Efficiency Labelling and Standards Act 2005](http://www.legislation.gov.au/) of the Commonwealth is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.","sortOrder":11},{"sectionNumber":"Part 4","sectionType":"part","heading":"Offences","content":"# Part 4 Offences\n\nPart 4 Offences","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Object of this Part","content":"#### 10 Object of this Part\n\n10 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) 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) or (b), and\n> > \n> > > (d) appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c), 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.\n> \n> > (3) For the purposes of this Part, offences include contraventions for which a civil penalty may be imposed.\n> \n> **s 10:** Am 2013 No 47, Sch 1.42.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Application of Commonwealth criminal laws to offences against applied provisions","content":"#### 11 Application of Commonwealth criminal laws to offences against applied provisions\n\n11 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) has effect for the purposes of a law of this State except as provided by the regulations under this Act.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities relating to offences","content":"#### 12 Functions and powers conferred on Commonwealth officers and authorities relating to offences\n\n12 Functions and powers conferred on Commonwealth officers and authorities relating to offences\n\n> > (1) A Commonwealth law applying because of section 11 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":15},{"sectionNumber":"13","sectionType":"section","heading":"No double jeopardy for offences against applied provisions","content":"#### 13 No double jeopardy for offences against applied provisions\n\n13 No double jeopardy for offences against applied provisions\n\n> If—\n> \n> > (a) an act or omission is an offence against both the applied provisions and an offence against the Commonwealth water efficiency laws, and\n> \n> > (b) the offender has been punished for that offence under those Commonwealth laws,\n> \n> the offender is not liable to be punished for the offence under the applied provisions.","sortOrder":16},{"sectionNumber":"Part 5","sectionType":"part","heading":"Administrative laws","content":"# Part 5 Administrative laws\n\nPart 5 Administrative laws","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Application of Commonwealth administrative laws to applied provisions","content":"#### 14 Application of Commonwealth administrative laws to applied provisions\n\n14 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) 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) For this section, a reference in a provision of the [Administrative Review Tribunal Act 2024](http://www.legislation.gov.au/) of the Commonwealth, as the provision applies as a law of this jurisdiction, to the whole or a part of that Act, Part 7 is taken to be a reference to the whole or a part of that Act, Part 7 as it has effect as a law of the Commonwealth.\n> \n> **s 14:** Am 2025 No 38, Sch 1.14\\[2\\].","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities","content":"#### 15 Functions and powers conferred on Commonwealth officers and authorities\n\n15 Functions and powers conferred on Commonwealth officers and authorities\n\n> > (1) A Commonwealth administrative law applying because of section 14 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":19},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous\n\nPart 6 Miscellaneous","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Act to bind Crown","content":"#### 16 Act to bind Crown\n\n16 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Things done for multiple purposes","content":"#### 17 Things done for multiple purposes\n\n17 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\n18 Reference in Commonwealth law to a provision of another law\n\n> For the purposes of sections 11 and 14, 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\n19 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":"Regulations","content":"#### 20 Regulations\n\n20 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":null,"content":"#### 21\n\n21 (Repealed)","sortOrder":26},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1 (Repealed)\n\n**sch 1:** Rep 2008 No 62, Sch 4.","sortOrder":28}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of adopting the Commonwealth WELS scheme as NSW law. The 2025 amendment updating the reference from the Administrative Appeals Tribunal Act 1975 to the Administrative Review Tribunal Act 2024 is a machinery update maintaining the same administrative oversight framework. No expansion beyond the core water efficiency labelling function has occurred."},"complexity_factors":["Mirror legislation structure requiring cross-referencing to Commonwealth Water Efficiency Labelling and Standards Act 2005","Application of external Commonwealth administrative laws (Administrative Review Tribunal Act 2024, Freedom of Information Act 1982, Ombudsman Act 1976, Privacy Act 1988)","Complex criminal law integration in Part 4 treating state offences as Commonwealth offences","Modification powers in section 6 allowing regulations to 'un-apply' future Commonwealth amendments","Dual interpretation framework: Commonwealth Acts Interpretation Act 1901 applies instead of NSW Interpretation Act 1987","8 defined terms in section 4, but with recursive definitions linking back to Commonwealth legislation","Nested application provisions (Commonwealth laws applied as NSW laws, then treated as Commonwealth laws again for enforcement purposes)"],"plain_english_summary":"This NSW law adopts the Commonwealth's water efficiency rules as if they were NSW laws. It ensures that when you buy water-using products like washing machines, dishwashers, or toilets in NSW, the same star-rating labels and efficiency standards apply nationwide.\n\n**What it does:**\n- **Adopts Commonwealth law**: The federal Water Efficiency Labelling and Standards (WELS) scheme automatically becomes NSW law through this Act.\n- **Single national regulator**: The Commonwealth WELS Regulator enforces the rules in NSW, avoiding duplicate state and federal agencies.\n- **Uniform penalties**: Breaking these water efficiency rules is treated as breaking a Commonwealth law, meaning federal police and courts handle prosecutions.\n- **Administrative oversight**: Federal laws about freedom of information, privacy, and appeals to the Administrative Review Tribunal apply to decisions made under this scheme.\n\n**Who it affects:**\n- Manufacturers and retailers of water-using appliances\n- Plumbers and builders installing regulated products\n- NSW consumers buying labelled products\n- The Commonwealth WELS Regulator operating in NSW\n\n**Why it matters:**\nWithout this law, NSW would need its own separate water efficiency bureaucracy. Instead, families and businesses get consistent product standards across Australia, and the government saves money by using one national system rather than eight separate state schemes."},"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act's stated object is to adopt a uniform Australian approach by applying the Commonwealth WELS law in NSW (s 3) and it does so by importing those Commonwealth laws as State law (s 5). It retains mechanisms for NSW to modify the applied law by regulation (s 6) and to rely on Commonwealth interpretation and administrative laws (ss 7, 14). Nothing in the text indicates a departure from that original object; rather the Act implements that object with specified modification and procedural arrangements."},"complexity_factors":["Cross-jurisdictional application: Commonwealth water efficiency laws are applied as State law but 'as if' Commonwealth laws (s 5) — creates interaction complexity between Commonwealth and State regimes","Modification power: NSW regulations may modify the applied Commonwealth laws and can specify Commonwealth amendments that 'had not taken effect' for NSW purposes (s 6)","Interpretation rules: Commonwealth Acts Interpretation Act applies to the applied provisions and NSW Interpretation Act is excluded for those provisions (s 7) — dual interpretive frameworks","Administrative law overlay: multiple Commonwealth administrative statutes are applied to matters under the applied provisions (s 4 def'n; s 14) with an explicit exclusion of conferring federal court jurisdiction (s 14(4))","Criminal/penal treatment: offences against applied provisions are to be treated as Commonwealth offences for investigation, prosecution and sentencing purposes (Part 4, ss 10–13) — procedural and jurisdictional implications","Delegation and functional parity: delegations and functions of Commonwealth Regulator and officers are taken to extend to the applied provisions and must be exercised 'as nearly as practicable' as under Commonwealth law (ss 8, 9, 12, 15)","Financial flows: all fees, fines and penalties under the applied provisions are payable to the Commonwealth (s 19) — fiscal effect for State stakeholders","Regulatory discretions: Governor may make regulations to carry out the Act, potentially affecting the scope and operation of applied provisions (s 20)"],"plain_english_summary":"This Act makes the Commonwealth Water Efficiency Labelling and Standards law operate in New South Wales by applying that Commonwealth law as a law of this State and giving the Commonwealth WELS Regulator the same roles in NSW (ss 3, 5, 8). It permits NSW regulations to modify the applied Commonwealth law (s 6) and uses Commonwealth interpretation and administrative law rules when dealing with the applied provisions (ss 7, 14).\n\nFees and penalties under the applied provisions are payable to the Commonwealth (s 19). Offences under the applied provisions are treated and prosecuted as Commonwealth offences (Part 4, ss 10–13)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have maintained its original purpose: giving NSW legislative effect to the national water efficiency labelling and standards scheme. Amendments appear to reflect administrative updates and alignment with changes to the Commonwealth scheme rather than any expansion or contraction of scope."},"complexity_factors":["The Act is primarily a mirror/referral law that adopts the national Commonwealth WELS scheme into NSW, meaning its operation depends on understanding the interplay between state and federal legislation.","Technical product standards are set externally (by Commonwealth regulation), so the practical compliance obligations are not visible from the NSW Act alone.","Multiple amendments over 20 years (2008, 2013, 2025) mean readers must identify the correct version applicable to their situation.","Relatively short and purposive in structure — the core concepts (labelling, standards, compliance) are straightforward and widely understood by consumers.","Limited standalone enforcement machinery visible from the metadata provided, reducing interpretive complexity."],"plain_english_summary":"This NSW Act implements the national WELS scheme requiring water-using products (taps, showerheads, toilets, washers, dishwashers) to carry water-efficiency labels and meet minimum performance standards. It affects consumers, manufacturers, importers, retailers and installers by mandating clear labelling and compliance, helping buyers compare products, reducing water use and aligning NSW with Australia’s national water‑saving rules."}},"importantCases":[],"_links":{"self":"/api/acts/water-efficiency-labelling-and-standards-new-south-wales-act-2005","history":"/api/acts/water-efficiency-labelling-and-standards-new-south-wales-act-2005/history","analysis":"/api/acts/water-efficiency-labelling-and-standards-new-south-wales-act-2005/analysis","conflicts":"/api/acts/water-efficiency-labelling-and-standards-new-south-wales-act-2005/conflicts","importantCases":"/api/acts/water-efficiency-labelling-and-standards-new-south-wales-act-2005/important-cases","documents":"/api/acts/water-efficiency-labelling-and-standards-new-south-wales-act-2005/documents"}}