{"id":"qld:act-2005-welsqa","name":"Water Efficiency Labelling and Standards (Queensland) Act 2005","slug":"water-efficiency-labelling-and-standards-queensland-act-2005","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"welsqa of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30385,"registerId":"qld-act-2005-welsqa-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Water Efficiency Labelling and Standards (Queensland) Act 2005 .\ns 1 amd 2014 No. 51 s 30","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.\ns 2 amd 2014 No. 51 s 31","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Object of Act","content":"### sec.3 Object of Act\n\nThe object of this Act is to adopt in this State a uniform Australian approach to the regulation of water efficiency labelling and standards.\nFor the purpose mentioned in subsection (1) , this Act—\napplies the Water Efficiency Labelling and Standards Act 2005 (Cwlth) as a law of this State; and\nmakes 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.\ns 3 sub 2014 No. 51 s 32\n(sec.3-ssec.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(sec.3-ssec.2) For the purpose mentioned in subsection (1) , this Act— applies the Water Efficiency Labelling and Standards Act 2005 (Cwlth) as a law of this State; and 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.\n- (a) applies the Water Efficiency Labelling and Standards Act 2005 (Cwlth) as a law of this State; and\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":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nNothing in this Act renders the Commonwealth or a State liable to be prosecuted for an offence.\ns 4 amd 2014 No. 51 s 33\n(sec.4-ssec.1) This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.4-ssec.2) Nothing in this Act renders the Commonwealth or a State liable to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nIn this Act—\napplied provisions means the Commonwealth water efficiency laws that apply as a law of this State because of section 6 , including any modification under section 7 .\nCommonwealth administrative laws means the following Acts and any regulations in force under those Acts—\nthe Administrative Review Tribunal Act 2024 (Cwlth) , other than part 7 ;\nthe Freedom of Information Act 1982 (Cwlth) ;\nthe Ombudsman Act 1976 (Cwlth) ;\nthe Privacy Act 1988 (Cwlth) .\ns 5(1) def Commonwealth administrative laws amd 2024 No. 47 s 78 sch 2\nCommonwealth regulator means the WELS Regulator appointed under the Water Efficiency Labelling and Standards Act 2005 (Cwlth) .\nCommonwealth water efficiency laws means—\nthe Water Efficiency Labelling and Standards Act 2005 (Cwlth) ; and\nall regulations, guidelines, principles, standards and codes of practice in force under that Act.\nfunction includes duty.\nmodifications includes additions, omissions and substitutions.\nIf an expression is defined in the Water Efficiency Labelling and Standards Act 2005 (Cwlth) 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.\nIn this Act, a reference to a Commonwealth Act includes a reference to—\nthat Commonwealth Act, as amended and in force for the time being; and\nan Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.\ns 5 sub 2014 No. 51 s 34\n(sec.5-ssec.1) In this Act— applied provisions means the Commonwealth water efficiency laws that apply as a law of this State because of section 6 , including any modification under section 7 . Commonwealth administrative laws means the following Acts and any regulations in force under those Acts— the Administrative Review Tribunal Act 2024 (Cwlth) , other than part 7 ; the Freedom of Information Act 1982 (Cwlth) ; the Ombudsman Act 1976 (Cwlth) ; the Privacy Act 1988 (Cwlth) . s 5(1) def Commonwealth administrative laws amd 2024 No. 47 s 78 sch 2 Commonwealth regulator means the WELS Regulator appointed under the Water Efficiency Labelling and Standards Act 2005 (Cwlth) . Commonwealth water efficiency laws means— the Water Efficiency Labelling and Standards Act 2005 (Cwlth) ; and all regulations, guidelines, principles, standards and codes of practice in force under that Act. function includes duty. modifications includes additions, omissions and substitutions.\n(sec.5-ssec.2) If an expression is defined in the Water Efficiency Labelling and Standards Act 2005 (Cwlth) 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(sec.5-ssec.3) In this Act, a reference to a Commonwealth Act includes a reference to— that Commonwealth Act, as amended and in force for the time being; and an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.\n- (a) the Administrative Review Tribunal Act 2024 (Cwlth) , other than part 7 ;\n- (b) the Freedom of Information Act 1982 (Cwlth) ;\n- (c) the Ombudsman Act 1976 (Cwlth) ;\n- (d) the Privacy Act 1988 (Cwlth) .\n- (a) the Water Efficiency Labelling and Standards Act 2005 (Cwlth) ; and\n- (b) all regulations, guidelines, principles, standards and codes of practice in force under that Act.\n- (a) that Commonwealth Act, as amended and in force for the time being; and\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":5},{"sectionNumber":"sec.5A","sectionType":"section","heading":null,"content":"### Section sec.5A\n\ns 5A om 2014 No. 51 s 34","sortOrder":6},{"sectionNumber":"sec.5B","sectionType":"section","heading":null,"content":"### Section sec.5B\n\ns 5B om 2014 No. 51 s 34","sortOrder":7},{"sectionNumber":"pt.2","sectionType":"part","heading":"The applied provisions","content":"# The applied provisions","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Application of Commonwealth water efficiency laws to this State","content":"### sec.6 Application of Commonwealth water efficiency laws to this State\n\nThe Commonwealth water efficiency laws, as in force for the time being and as modified under this Act, apply as a law of this State.\nThe Commonwealth water efficiency laws, as applied under subsection (1) , apply as if the laws extend to matters in relation to which this State may make laws—\nwhether or not the Commonwealth may make laws in relation to those matters; and\neven though the Commonwealth water efficiency laws provide that they apply only to specified matters with respect to which the Commonwealth may make laws.\ns 6 om 2014 No. 51 s 34\nins 2014 No. 51 s 35\n(sec.6-ssec.1) The Commonwealth water efficiency laws, as in force for the time being and as modified under this Act, apply as a law of this State.\n(sec.6-ssec.2) The Commonwealth water efficiency laws, as applied under subsection (1) , apply as if the laws extend to matters in relation to which this State may make laws— whether or not the Commonwealth may make laws in relation to those matters; and even though the Commonwealth water efficiency laws provide that they apply only to specified matters with respect to which the Commonwealth may make laws.\n- (a) whether or not the Commonwealth may make laws in relation to those matters; and\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":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Modification of Commonwealth water efficiency laws","content":"### sec.7 Modification of Commonwealth water efficiency laws\n\nA regulation may modify the Commonwealth water efficiency laws for the purposes of this Act.\nWithout limiting subsection (1) , a regulation may provide that the Commonwealth water efficiency laws apply under section 6 (1) as if an amendment to the Commonwealth water efficiency laws—\nmade by a law of the Commonwealth; and\nstated in the regulation;\nhad not taken effect.\ns 7 sub 2014 No. 51 s 35\n(sec.7-ssec.1) A regulation may modify the Commonwealth water efficiency laws for the purposes of this Act.\n(sec.7-ssec.2) Without limiting subsection (1) , a regulation may provide that the Commonwealth water efficiency laws apply under section 6 (1) as if an amendment to the Commonwealth water efficiency laws— made by a law of the Commonwealth; and stated in the regulation; had not taken effect.\n- (a) made by a law of the Commonwealth; and\n- (b) stated in the regulation;","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Interpretation of Commonwealth water efficiency laws","content":"### sec.8 Interpretation of Commonwealth water efficiency laws\n\nThe Acts Interpretation Act 1901 (Cwlth) applies—\nas a law of this State in relation to the interpretation of the applied provisions; and\nas if the applied provisions were a Commonwealth Act or regulation or other instrument under a Commonwealth Act.\nThe Acts Interpretation Act 1954 does not apply to the applied provisions.\ns 8 sub 2014 No. 51 s 35\n(sec.8-ssec.1) The Acts Interpretation Act 1901 (Cwlth) applies— as a law of this State in relation to the interpretation of the applied provisions; and as if the applied provisions were a Commonwealth Act or regulation or other instrument under a Commonwealth Act.\n(sec.8-ssec.2) The Acts Interpretation Act 1954 does not apply to the applied provisions.\n- (a) as a law of this State in relation to the interpretation of the applied provisions; and\n- (b) as if the applied provisions were a Commonwealth Act or regulation or other instrument under a Commonwealth Act.","sortOrder":11},{"sectionNumber":"pt.3","sectionType":"part","heading":"Functions and powers under applied provisions","content":"# Functions and powers under applied provisions","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Functions and powers of Commonwealth regulator and other authorities and officers","content":"### sec.9 Functions and powers of Commonwealth regulator and other authorities and officers\n\nThe 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.\ns 9 sub 2014 No. 51 s 35","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Delegations by the Commonwealth regulator","content":"### sec.10 Delegations by the Commonwealth regulator\n\nAny delegation by the Commonwealth regulator under the Water Efficiency Labelling and Standards Act 2005 (Cwlth) is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.\ns 10 sub 2014 No. 51 s 35","sortOrder":14},{"sectionNumber":"pt.4","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Object of pt 4","content":"### sec.11 Object of pt 4\n\nThe 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.\nThe purposes for which an offence is to be treated as mentioned in subsection (1) include, for example, the following—\nthe investigation and prosecution of offences;\nthe arrest, custody, bail, trial and conviction of offenders or persons charged with offences;\nproceedings relating to a matter referred to in paragraph (a) or (b) ;\nappeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c) ;\nthe sentencing, punishment and release of persons convicted of offences;\nfines, penalties and forfeitures;\nliability to make reparation in connection with offences;\nproceeds of crime;\nspent convictions.\nFor the purposes of this part, offences include contraventions for which a civil penalty may be imposed.\ns 11 sub 2014 No. 51 s 35\n(sec.11-ssec.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(sec.11-ssec.2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example, the following— the investigation and prosecution of offences; the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; proceedings relating to a matter referred to in paragraph (a) or (b) ; appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c) ; the sentencing, punishment and release of persons convicted of offences; fines, penalties and forfeitures; liability to make reparation in connection with offences; proceeds of crime; spent convictions.\n(sec.11-ssec.3) For the purposes of this part, offences include contraventions for which a civil penalty may be imposed.\n- (a) the investigation and prosecution of offences;\n- (b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences;\n- (c) proceedings relating to a matter referred to in paragraph (a) or (b) ;\n- (d) appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c) ;\n- (e) the sentencing, punishment and release of persons convicted of offences;\n- (f) fines, penalties and forfeitures;\n- (g) liability to make reparation in connection with offences;\n- (h) proceeds of crime;\n- (i) spent convictions.","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Application of Commonwealth criminal laws to offences against applied provisions","content":"### sec.12 Application of Commonwealth criminal laws to offences against applied provisions\n\nThe 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.\nFor the purposes of a law of this State, an offence against the applied provisions—\nis 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\nis taken not to be an offence against the laws of this State.\nSubsection (2) has effect for the purposes of a law of this State except as provided by a regulation under this Act.\ns 12 sub 2014 No. 51 s 35\n(sec.12-ssec.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(sec.12-ssec.2) For the purposes of a law of this State, an offence against the applied provisions— 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 is taken not to be an offence against the laws of this State.\n(sec.12-ssec.3) Subsection (2) has effect for the purposes of a law of this State except as provided by a regulation under this Act.\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- (b) is taken not to be an offence against the laws of this State.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities relating to offences","content":"### sec.13 Functions and powers conferred on Commonwealth officers and authorities relating to offences\n\nA Commonwealth law applying because of section 12 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.\nIn 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.\ns 13 sub 2014 No.51 s 35\n(sec.13-ssec.1) A Commonwealth law applying because of section 12 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(sec.13-ssec.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":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"No double jeopardy for offences against applied provisions","content":"### sec.14 No double jeopardy for offences against applied provisions\n\nIf—\nan act or omission is an offence against both the applied provisions and an offence against the Commonwealth water efficiency laws; and\nthe offender has been punished for that offence under the Commonwealth water efficiency laws;\nthe offender is not liable to be punished for the offence under the applied provisions.\ns 14 sub 2014 No. 51 s 35\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- (b) the offender has been punished for that offence under the Commonwealth water efficiency laws;","sortOrder":19},{"sectionNumber":"pt.5","sectionType":"part","heading":"Administrative laws","content":"# Administrative laws","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Application of Commonwealth administrative laws to applied provisions","content":"### sec.15 Application of Commonwealth administrative laws to applied provisions\n\nThe 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.\nFor the purposes of a law of this State, a matter arising in relation to the applied provisions—\nis 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\nis taken not to be a matter arising in relation to laws of this State.\nSubsection (2) has effect for the purposes of a law of this State except as prescribed by regulation under this Act.\nAny 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.\nFor this section, a reference in a provision of the Administrative Review Tribunal Act 2024 (Cwlth) , as that provision applies as a law of this State, to the whole or part of part 7 of that Act is taken to be a reference to the whole or part of that part as it has effect as a law of the Commonwealth.\ns 15 sub 2014 No. 51 s 35\namd 2024 No. 47 s 78 sch 2\n(sec.15-ssec.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(sec.15-ssec.2) For the purposes of a law of this State, a matter arising in relation to the applied provisions— 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 is taken not to be a matter arising in relation to laws of this State.\n(sec.15-ssec.3) Subsection (2) has effect for the purposes of a law of this State except as prescribed by regulation under this Act.\n(sec.15-ssec.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(sec.15-ssec.5) For this section, a reference in a provision of the Administrative Review Tribunal Act 2024 (Cwlth) , as that provision applies as a law of this State, to the whole or part of part 7 of that Act is taken to be a reference to the whole or part of that part as it has effect as a law of the Commonwealth.\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- (b) is taken not to be a matter arising in relation to laws of this State.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities","content":"### sec.16 Functions and powers conferred on Commonwealth officers and authorities\n\nA Commonwealth administrative law applying because of section 15 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.\nIn 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.\ns 16 sub 2014 No. 51 s 35\n(sec.16-ssec.1) A Commonwealth administrative law applying because of section 15 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(sec.16-ssec.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":22},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"Things done for multiple purposes","content":"### sec.17 Things done for multiple purposes\n\nThe 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.\ns 17 sub 2014 No. 51 s 35","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Reference in Commonwealth law to a provision of another law","content":"### sec.18 Reference in Commonwealth law to a provision of another law\n\nFor the purposes of sections 12 and 15 , 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.\ns 18 sub 2014 No. 51 s 35","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Fees and other money","content":"### sec.19 Fees and other money\n\nAll 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, other than an amount ordered to be refunded to another person, must be paid to the Commonwealth.\ns 19 sub 2014 No. 51 s 35","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Tabling amendments of the Water Efficiency Labelling and Standards Act 2005 (Cwlth)","content":"### sec.20 Tabling amendments of the Water Efficiency Labelling and Standards Act 2005 (Cwlth)\n\nThe Minister must cause a copy of an amendment of the following—\nthe Water Efficiency Labelling and Standards Act 2005 (Cwlth) ;\nany regulations in force under that Act;\nto be laid before the Legislative Assembly within 10 sitting days from the date on which the amendment commences.\nNothing in this section affects the operation of an amendment of the Water Efficiency Labelling and Standards Act 2005 (Cwlth) .\ns 20 sub 2014 No. 51 s 35\n(sec.20-ssec.1) The Minister must cause a copy of an amendment of the following— the Water Efficiency Labelling and Standards Act 2005 (Cwlth) ; any regulations in force under that Act; to be laid before the Legislative Assembly within 10 sitting days from the date on which the amendment commences.\n(sec.20-ssec.2) Nothing in this section affects the operation of an amendment of the Water Efficiency Labelling and Standards Act 2005 (Cwlth) .\n- (a) the Water Efficiency Labelling and Standards Act 2005 (Cwlth) ;\n- (b) any regulations in force under that Act;","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Regulation-making power","content":"### sec.21 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\ns 21 sub 2014 No. 51 s 35","sortOrder":28},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provision for Water Legislation (Miscellaneous Provisions) Amendment Act 2014","content":"# Transitional provision for Water Legislation (Miscellaneous Provisions) Amendment Act 2014","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Existing WELS inspectors","content":"### sec.22 Existing WELS inspectors\n\nThis section applies to a person who—\nwas appointed as a WELS inspector under section 45 of this Act as in force immediately before the commencement of this section; and\nstill held the appointment immediately before the commencement.\nOn the commencement, the person’s appointment as a WELS inspector—\ncontinues to have effect according to its terms; and\nis taken to be an appointment made under the applied provisions.\ns 22 sub 2014 No. 51 s 35\n(sec.22-ssec.1) This section applies to a person who— was appointed as a WELS inspector under section 45 of this Act as in force immediately before the commencement of this section; and still held the appointment immediately before the commencement.\n(sec.22-ssec.2) On the commencement, the person’s appointment as a WELS inspector— continues to have effect according to its terms; and is taken to be an appointment made under the applied provisions.\n- (a) was appointed as a WELS inspector under section 45 of this Act as in force immediately before the commencement of this section; and\n- (b) still held the appointment immediately before the commencement.\n- (a) continues to have effect according to its terms; and\n- (b) is taken to be an appointment made under the applied provisions.","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":null,"content":"### Section sec.23\n\ns 23 om 2014 No. 51 s 35","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns 24 om 2014 No. 51 s 35","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\ns 25 om 2014 No. 51 s 35","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns 26 om 2014 No. 51 s 35","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":null,"content":"### Section sec.27\n\ns 27 om 2014 No. 51 s 35","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":null,"content":"### Section sec.28\n\ns 28 om 2014 No. 51 s 35","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":null,"content":"### Section sec.29\n\ns 29 om 2014 No. 51 s 35","sortOrder":37},{"sectionNumber":"sec.30","sectionType":"section","heading":null,"content":"### Section sec.30\n\ns 30 om 2014 No. 51 s 35","sortOrder":38},{"sectionNumber":"sec.31","sectionType":"section","heading":null,"content":"### Section sec.31\n\ns 31 om 2014 No. 51 s 35","sortOrder":39},{"sectionNumber":"sec.32","sectionType":"section","heading":null,"content":"### Section sec.32\n\ns 32 om 2014 No. 51 s 35","sortOrder":40},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns 33 om 2014 No. 51 s 35","sortOrder":41},{"sectionNumber":"sec.34","sectionType":"section","heading":null,"content":"### Section sec.34\n\ns 34 om 2014 No. 51 s 35","sortOrder":42},{"sectionNumber":"sec.35","sectionType":"section","heading":null,"content":"### Section sec.35\n\ns 35 om 2014 No. 51 s 35","sortOrder":43},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 om 2014 No. 51 s 35","sortOrder":44},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 om 2014 No. 51 s 35","sortOrder":45},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 om 2014 No. 51 s 35","sortOrder":46},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 om 2014 No. 51 s 35","sortOrder":47},{"sectionNumber":"sec.39A","sectionType":"section","heading":null,"content":"### Section sec.39A\n\ns 39A om 2014 No. 51 s 35","sortOrder":48},{"sectionNumber":"sec.39B","sectionType":"section","heading":null,"content":"### Section sec.39B\n\ns 39B om 2014 No. 51 s 35","sortOrder":49},{"sectionNumber":"pt.8","sectionType":"part","heading":null,"content":"","sortOrder":50},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":null,"content":"","sortOrder":51},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 om 2014 No. 51 s 35","sortOrder":52},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":null,"content":"","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns 41 om 2014 No. 51 s 35","sortOrder":54},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":null,"content":"","sortOrder":55},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 om 2014 No. 51 s 35","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":null,"content":"### Section sec.43\n\ns 43 om 2014 No. 51 s 35","sortOrder":57},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":null,"content":"","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":null,"content":"### Section sec.44\n\ns 44 om 2014 No. 51 s 35","sortOrder":59},{"sectionNumber":"pt.9","sectionType":"part","heading":null,"content":"","sortOrder":60},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":null,"content":"","sortOrder":61},{"sectionNumber":"sec.45","sectionType":"section","heading":null,"content":"### Section sec.45\n\ns 45 om 2014 No. 51 s 35","sortOrder":62},{"sectionNumber":"sec.46","sectionType":"section","heading":null,"content":"### Section sec.46\n\ns 46 om 2014 No. 51 s 35","sortOrder":63},{"sectionNumber":"sec.46A","sectionType":"section","heading":null,"content":"### Section sec.46A\n\ns 46A om 2014 No. 51 s 35","sortOrder":64},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":null,"content":"","sortOrder":65},{"sectionNumber":"sec.47","sectionType":"section","heading":null,"content":"### Section sec.47\n\ns 47 om 2014 No. 51 s 35","sortOrder":66},{"sectionNumber":"sec.48","sectionType":"section","heading":null,"content":"### Section sec.48\n\ns 48 om 2014 No. 51 s 35","sortOrder":67},{"sectionNumber":"sec.49","sectionType":"section","heading":null,"content":"### Section sec.49\n\ns 49 om 2014 No. 51 s 35","sortOrder":68},{"sectionNumber":"sec.50","sectionType":"section","heading":null,"content":"### Section sec.50\n\ns 50 om 2014 No. 51 s 35","sortOrder":69},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns 51 om 2014 No. 51 s 35","sortOrder":70},{"sectionNumber":"sec.52","sectionType":"section","heading":null,"content":"### Section sec.52\n\ns 52 om 2014 No. 51 s 35","sortOrder":71},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 om 2014 No. 51 s 35","sortOrder":72},{"sectionNumber":"sec.54","sectionType":"section","heading":null,"content":"### Section sec.54\n\ns 54 om 2014 No. 51 s 35","sortOrder":73},{"sectionNumber":"sec.55","sectionType":"section","heading":null,"content":"### Section sec.55\n\ns 55 om 2014 No. 51 s 35","sortOrder":74},{"sectionNumber":"sec.56","sectionType":"section","heading":null,"content":"### Section sec.56\n\ns 56 om 2014 No. 51 s 35","sortOrder":75},{"sectionNumber":"sec.57","sectionType":"section","heading":null,"content":"### Section sec.57\n\ns 57 om 2014 No. 51 s 35","sortOrder":76},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":null,"content":"","sortOrder":77},{"sectionNumber":"sec.58","sectionType":"section","heading":null,"content":"### Section sec.58\n\ns 58 om 2014 No. 51 s 35","sortOrder":78},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 om 2014 No. 51 s 35","sortOrder":79},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":null,"content":"","sortOrder":80},{"sectionNumber":"sec.60","sectionType":"section","heading":null,"content":"### Section sec.60\n\ns 60 om 2014 No. 51 s 35","sortOrder":81},{"sectionNumber":"sec.61","sectionType":"section","heading":null,"content":"### Section sec.61\n\ns 61 om 2014 No. 51 s 35","sortOrder":82},{"sectionNumber":"sec.62","sectionType":"section","heading":null,"content":"### Section sec.62\n\ns 62 om 2014 No. 51 s 35","sortOrder":83},{"sectionNumber":"sec.62A","sectionType":"section","heading":null,"content":"### Section sec.62A\n\ns 62A om 2014 No. 51 s 35","sortOrder":84},{"sectionNumber":"pt.9-div.5","sectionType":"division","heading":null,"content":"","sortOrder":85},{"sectionNumber":"sec.63","sectionType":"section","heading":null,"content":"### Section sec.63\n\ns 63 om 2014 No. 51 s 35","sortOrder":86},{"sectionNumber":"pt.10","sectionType":"part","heading":null,"content":"","sortOrder":87},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":null,"content":"","sortOrder":88},{"sectionNumber":"sec.64","sectionType":"section","heading":null,"content":"### Section sec.64\n\ns 64 om 2014 No. 51 s 35","sortOrder":89},{"sectionNumber":"sec.65","sectionType":"section","heading":null,"content":"### Section sec.65\n\ns 65 om 2014 No. 51 s 35","sortOrder":90},{"sectionNumber":"sec.66","sectionType":"section","heading":null,"content":"### Section sec.66\n\ns 66 om 2014 No. 51 s 35","sortOrder":91},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":null,"content":"","sortOrder":92},{"sectionNumber":"sec.67","sectionType":"section","heading":null,"content":"### Section sec.67\n\ns 67 om 2014 No. 51 s 35","sortOrder":93},{"sectionNumber":"sec.68","sectionType":"section","heading":null,"content":"### Section sec.68\n\ns 68 om 2014 No. 51 s 35","sortOrder":94},{"sectionNumber":"pt.11","sectionType":"part","heading":null,"content":"","sortOrder":95},{"sectionNumber":"sec.69","sectionType":"section","heading":null,"content":"### Section sec.69\n\ns 69 om 2014 No. 51 s 35","sortOrder":96},{"sectionNumber":"sec.70","sectionType":"section","heading":null,"content":"### Section sec.70\n\ns 70 om 2014 No. 51 s 35","sortOrder":97},{"sectionNumber":"sec.71","sectionType":"section","heading":null,"content":"### Section sec.71\n\ns 71 om 2014 No. 51 s 35","sortOrder":98},{"sectionNumber":"sec.72","sectionType":"section","heading":null,"content":"### Section sec.72\n\ns 72 om 2014 No. 51 s 35","sortOrder":99},{"sectionNumber":"pt.12","sectionType":"part","heading":null,"content":"","sortOrder":100},{"sectionNumber":"sec.73","sectionType":"section","heading":null,"content":"### Section sec.73\n\ns 73 om 2014 No. 51 s 35","sortOrder":101},{"sectionNumber":"sec.74","sectionType":"section","heading":null,"content":"### Section sec.74\n\ns 74 om 2014 No. 51 s 35","sortOrder":102},{"sectionNumber":"sec.75","sectionType":"section","heading":null,"content":"### Section sec.75\n\ns 75 om 2014 No. 51 s 35","sortOrder":103},{"sectionNumber":"sec.76","sectionType":"section","heading":null,"content":"### Section sec.76\n\ns 76 om 2014 No. 51 s 35","sortOrder":104},{"sectionNumber":"sec.77","sectionType":"section","heading":null,"content":"### Section sec.77\n\ns 77 om 2014 No. 51 s 35","sortOrder":105},{"sectionNumber":"sec","sectionType":"section","heading":null,"content":"### Section sec\n\nsch om 2014 No. 51 s 36","sortOrder":106}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has undergone significant scope reduction and restructuring. The original 2005 Act appears to have contained substantial substantive provisions (sections 23-77, a schedule, and specific inspector appointment powers in section 45), but the 2014 amendments stripped out most detailed operational content. The current version is essentially a 'shell' or 'application' statute that imports federal law rather than creating standalone Queensland rules. The scope shifted from potentially duplicative state-based regulation to a pure referral/adoption model where Queensland relies entirely on Commonwealth administration and enforcement."},"complexity_factors":["Extensive cross-referencing to external Commonwealth legislation (Water Efficiency Labelling and Standards Act 2005, Administrative Review Tribunal Act 2024, Criminal Code, etc.)","Conceptual complexity of 'applied provisions' mechanism — the Act functions as a legislative 'mirror' rather than containing substantive rules itself","Dual-application provisions requiring simultaneous interpretation of state and federal law (sections 6, 12, 15)","Multiple modification powers allowing regulations to alter how federal law applies (section 7)","Transitional provisions preserving appointments made under repealed sections (section 22)","Approximately 8 defined terms in section 5, but definitions incorporate entire Commonwealth Acts by reference","Nested conditional logic in sections 12 and 15 (treating state offences as federal offences 'except as provided by regulation')","Large number of omitted sections (sections 23-77, schedule) indicating substantial legislative history and restructure in 2014"],"plain_english_summary":"**What this law does:**\n\nThis is Queensland's way of joining a national scheme that makes sure water-using products (like washing machines, toilets, and taps) have labels showing how water-efficient they are. Instead of writing its own detailed rules, Queensland \"borrows\" the Commonwealth (federal) Water Efficiency Labelling and Standards Act 2005 and applies it as if it were Queensland law.\n\n**Who it affects:**\n\n- **Manufacturers and suppliers** of water-using products sold in Queensland\n- **Retailers** who sell these products\n- **Consumers** who buy labelled products (helping them choose water-efficient options)\n- **The Commonwealth regulator** (the WELS Regulator), who enforces the rules in Queensland on behalf of both governments\n\n**Why it matters:**\n\nWithout this law, Queensland would have different rules from other states, creating a headache for businesses selling products across Australia. By adopting the federal law as its own, Queensland ensures:\n- **One set of rules nationwide** — businesses don't need to comply with different state laws\n- **Consistent labelling** — consumers can compare water efficiency across all products\n- **Single national enforcement** — the Commonwealth regulator handles compliance, avoiding duplication\n\n**Key features:**\n- The federal law \"applies\" in Queensland with any modifications the Queensland Government decides (section 6-7)\n- Offences under this law are treated as if they were Commonwealth offences, meaning federal criminal procedures apply (sections 11-14)\n- Commonwealth administrative laws (like freedom of information and privacy laws) also apply to decisions made under this scheme (section 15)\n- All fines and fees go to the Commonwealth, not Queensland (section 19)\n- The Queensland Parliament must be notified of any changes to the federal law (section 20)"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act's scope remains to import and apply the Commonwealth WELS framework in Queensland to achieve a uniform national approach (sec.3, sec.6). While regulations may alter how specific Commonwealth amendments or provisions operate in the State (sec.7), those modification powers are provided within the Act and do not, on their face, change its core scope of adopting the Commonwealth law as State law."},"complexity_factors":["Cross-jurisdictional application: imports the Commonwealth Water Efficiency Labelling and Standards Act 2005 to operate as State law (sec.3, sec.6).","Regulation modification power: regulations may modify the applied Commonwealth laws and can treat specified Commonwealth amendments as not having effect (sec.7).","Criminal/administrative integration: offences under the applied provisions are treated as Commonwealth offences for investigation, prosecution and sentencing purposes (pt.4, sec.11–14) and Commonwealth administrative laws apply (pt.5, sec.15–16).","Delegation and agency functions: Commonwealth regulator delegations and powers extend to the applied provisions and officers must act consistently with Commonwealth practice (sec.9–10, sec.13, sec.16).","Interpretation rules: Acts Interpretation Act 1901 (Cwlth) applies to interpret the applied provisions, while the State Acts Interpretation Act does not (sec.8).","Financial flow: all fees, fines and other money payable under the applied provisions must be paid to the Commonwealth (sec.19), creating a direct fiscal link.","Transitional and continuity provisions: existing WELS inspector appointments are preserved and taken to be appointments under the applied provisions (sec.22).","Scope‑ambiguity risk: treating Commonwealth laws as State law but applying Commonwealth administrative/criminal frameworks creates potential overlap and dependency on federal instruments and discretionary regulations (sec.6, sec.15, sec.7)."],"plain_english_summary":"This Act adopts the Commonwealth Water Efficiency Labelling and Standards Act 2005 as Queensland law, so the Commonwealth WELS regulator, offences, administrative procedures and penalties apply in Queensland to suppliers, manufacturers, importers and WELS inspectors. Its stated purpose is to create a uniform Australian approach to water-efficiency labelling and standards. Regulation-making can modify how Commonwealth amendments or parts apply, and fees and penalties collected under the scheme are payable to the Commonwealth."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2005 Act had its own detailed Queensland-specific enforcement machinery — inspectors, powers of entry, penalties, registration requirements and administrative processes (sections 23–77 plus a schedule, all later omitted). The 2014 amendments fundamentally changed the scope from a standalone Queensland scheme mirroring Commonwealth law to a pure referral/adoption model that simply incorporates the Commonwealth scheme wholesale. Queensland shed its own enforcement infrastructure and ceded administration entirely to the Commonwealth, making the scope significantly narrower in terms of Queensland-specific content while achieving broader uniformity nationally."},"complexity_factors":["Involves intergovernmental law — understanding it requires knowledge of both the Queensland Act AND the Commonwealth Water Efficiency Labelling and Standards Act 2005","Uses 'applied provisions' mechanism where a Commonwealth law is adopted wholesale as a State law, creating a layered legal framework","Constitutional law concepts involved — the Act extends Commonwealth laws to matters within State legislative competence, navigating federal/state jurisdiction boundaries","Multiple Commonwealth administrative laws (FOI, Ombudsman, Privacy, Administrative Review Tribunal) are also adopted by reference, adding further layers","The Act was substantially rewritten in 2014, with most original sections deleted — the current text is largely a skeleton referral structure, making it harder to understand substance without reading the Commonwealth Act","Double jeopardy and jurisdiction treatment provisions require understanding of criminal law principles","References to other legislation are dynamic (applying 'as amended from time to time'), meaning the effective content of the law changes without Queensland Parliament acting"],"plain_english_summary":"This Queensland Act adopts the Commonwealth Water Efficiency Labelling and Standards (WELS) scheme as if it were Queensland law, so manufacturers, suppliers and retailers of taps, showers, toilets and appliances in Queensland must follow the national labelling and efficiency rules.  \n\nEnforcement, fees and penalties are handled under the Commonwealth regime (no double punishment), and the Queensland Minister must table any federal changes in Parliament."}},"importantCases":[],"_links":{"self":"/api/acts/water-efficiency-labelling-and-standards-queensland-act-2005","history":"/api/acts/water-efficiency-labelling-and-standards-queensland-act-2005/history","analysis":"/api/acts/water-efficiency-labelling-and-standards-queensland-act-2005/analysis","conflicts":"/api/acts/water-efficiency-labelling-and-standards-queensland-act-2005/conflicts","importantCases":"/api/acts/water-efficiency-labelling-and-standards-queensland-act-2005/important-cases","documents":"/api/acts/water-efficiency-labelling-and-standards-queensland-act-2005/documents"}}