{"id":"water-efficiency-labelling-and-standards-south-australia-act-2013","name":"Water Efficiency Labelling and Standards (South Australia) Act 2013","slug":"water-efficiency-labelling-and-standards-south-australia-act-2013","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110775,"registerId":"sa-water-efficiency-labelling-and-standards-south-australia-act-2013-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Water Efficiency Labelling and Standards (South Australia) Act 2013","content":"South Australia\nWater Efficiency Labelling and Standards (South Australia) Act 2013\nAn Act to apply the Water Efficiency Labelling and Standards Act 2005 of the Commonwealth as a law of this State; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tObject of Act\nPart 2—The applied provisions\n5\tApplication of Commonwealth water efficiency laws to this State\n6\tModification of Commonwealth water efficiency laws\n7\tInterpretation of Commonwealth water efficiency laws\nPart 3—Functions and powers under applied provisions\n8\tFunctions and powers of Commonwealth Regulator and other authorities and officers\n9\tDelegations by the Commonwealth Regulator\nPart 4—Offences\n10\tObject of this Part\n11\tApplication of Commonwealth criminal laws to offences against applied provisions\n12\tFunctions and powers conferred on Commonwealth officers and authorities relating to offences\n13\tNo double jeopardy for offences against applied provisions\nPart 5—Administrative laws\n14\tApplication of Commonwealth administrative laws to applied provisions\n15\tFunctions and powers conferred on Commonwealth officers and authorities\nPart 6—Miscellaneous\n16\tAct to bind Crown\n17\tThings done for multiple purposes\n18\tReference in Commonwealth law to a provision of another law\n19\tFees and other money\n20\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Water Efficiency Labelling and Standards (South Australia) Act 2013.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\napplied 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;\nCommonwealth administrative laws means the following Acts and regulations of the Commonwealth:\n\t(a)\tthe Administrative Review Tribunal Act 2024 of the Commonwealth (excluding Part 7);\n\t(b)\tthe Freedom of Information Act 1982;\n\t(c)\tthe Ombudsman Act 1976;\n\t(d)\tthe Privacy Act 1988;\n\t(e)\tthe regulations in force under any of those Acts;\nCommonwealth Regulator means the WELS Regulator appointed under the Water Efficiency Labelling and Standards Act 2005 of the Commonwealth;\nCommonwealth water efficiency laws means—\n\t(a)\tthe Water Efficiency Labelling and Standards Act 2005 of the Commonwealth; and\n\t(b)\tall regulations, guidelines, principles, standards and codes of practice in force under that Act;\nfunction includes duty;\nmodifications includes additions, omissions and substitutions.\n\t(2)\tIf an expression is defined in the Water Efficiency Labelling and Standards Act 2005 of the Commonwealth and is also used in this Act, the expression as used in this Act has, unless the contrary intention appears, the same meaning as in that Act.\n\t(3)\tIn this Act, a reference to a Commonwealth Act includes a reference to—\n\t(a)\tthat Commonwealth Act, as amended and in force for the time being; and\n\t(b)\tan Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.\n4—Object of Act\n\t(1)\tThe object of this Act is to adopt in this State a uniform Australian approach to the regulation of water efficiency labelling and standards.\n\t(2)\tFor that purpose, this Act—\n\t(a)\tapplies the Water Efficiency Labelling and Standards Act 2005 of the Commonwealth as a law of this State; and\n\t(b)\tmakes 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. \nPart 2—The applied provisions\n5—Application of Commonwealth water efficiency laws to this State\n\t(1)\tThe 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\t(2)\tThose Commonwealth water efficiency laws so apply as if they extended to matters in relation to which this State may make laws—\n\t(a)\twhether or not the Commonwealth may make laws in relation to those matters; and\n\t(b)\teven though the Commonwealth water efficiency laws provide that they apply only to specified matters with respect to which the Commonwealth may make laws.\n6—Modification of Commonwealth water efficiency laws\n\t(1)\tThe regulations under this Act may also modify the Commonwealth water efficiency laws for the purposes of this Act.\n\t(2)\tWithout 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\t(a)\tmade by a law of the Commonwealth; and\n\t(b)\tspecified in the regulations,\nhad not taken effect.\n7—Interpretation of Commonwealth water efficiency laws\n\t(1)\tThe Acts Interpretation Act 1901 of the Commonwealth applies as a law of this State in relation to the interpretation of the applied provisions (and 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\t(2)\tThe Acts Interpretation Act 1915 of South Australia does not apply to the applied provisions.\nPart 3—Functions and powers under applied provisions\n8—Functions and powers of Commonwealth Regulator and other authorities and officers\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.\n9—Delegations by the Commonwealth Regulator\nAny delegation by the Commonwealth Regulator under the Water Efficiency Labelling and Standards Act 2005 of the Commonwealth is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.\nPart 4—Offences\n10—Object of this Part\n\t(1)\tThe 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\t(2)\tThe purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but are not limited to)—\n\t(a)\tthe investigation and prosecution of offences; and\n\t(b)\tthe arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and\n\t(c)\tproceedings relating to a matter referred to in paragraph (a) or (b); and\n\t(d)\tappeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); and\n\t(e)\tthe sentencing, punishment and release of persons convicted of offences; and\n\t(f)\tfines, penalties and forfeitures; and\n\t(g)\tliability to make reparation in connection with offences; and\n\t(h)\tproceeds of crime; and\n\t(i)\tspent convictions.\n11—Application of Commonwealth criminal laws to offences against applied provisions\n\t(1)\tThe 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\t(2)\tFor the purposes of a law of this State, an offence against the applied provisions—\n\t(a)\tis 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\t(b)\tis taken not to be an offence against the laws of this State.\n\t(3)\tSubsection (2) has effect for the purposes of a law of this State except as provided by the regulations under this Act.\n12—Functions and powers conferred on Commonwealth officers and authorities relating to offences\n\t(1)\tA 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\t(2)\tIn 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.\n13—No double jeopardy for offences against applied provisions\nIf—\n\t(a)\tan act or omission is an offence against both the applied provisions and an offence against the Commonwealth water efficiency laws; and\n\t(b)\tthe offender has been punished for that offence under those Commonwealth laws,\nthe offender is not liable to be punished for the offence under the applied provisions.\nPart 5—Administrative laws\n14—Application of Commonwealth administrative laws to applied provisions\n\t(1)\tThe 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\t(2)\tFor the purposes of a law of this State, a matter arising in relation to the applied provisions—\n\t(a)\tis 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\t(b)\tis taken not to be a matter arising in relation to laws of this State.\n\t(3)\tSubsection (2) has effect for the purposes of a law of this State except as provided by the regulations under this Act.\n\t(4)\tAny 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\t(5)\tFor the purposes of this section, a reference in a provision of the Administrative Review Tribunal Act 2024 of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part 7 of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth.\n15—Functions and powers conferred on Commonwealth officers and authorities\n\t(1)\tA 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\t(2)\tIn 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.\nPart 6—Miscellaneous\n16—Act to bind Crown\nThis Act binds the Crown in right of South Australia and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.\n17—Things done for multiple purposes\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.\n18—Reference in Commonwealth law to a provision of another law\nFor 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.\n19—Fees and other money\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 (but not including an amount ordered to be refunded to another person) must be paid to the Commonwealth.\n20—Regulations\nThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Water Efficiency Labelling and Standards (South Australia) Act 2013 repealed the following:\nWater Efficiency Labelling and Standards Act 2006\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2013\n30\nWater Efficiency Labelling and Standards (South Australia) Act 2013\n1.8.2013\n12.9.2013 (Gazette 5.9.2013 p3769)\n2025\n54\nStatutes Amendment (Administrative Review Tribunal) Act 2025\n20.11.2025\nPt 13 (ss 23 & 24)—20.11.2025: s 2\nProvisions amended\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n20.11.2025\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n20.11.2025\ns 3\n\n\ns 3(1)\n\n\nCommonwealth administrative laws\namended by 54/2025 s 23\n20.11.2025\nPt 5\n\n\ns 14\n\n\ns 14(5)\namended by 54/2025 s 24(1), (2)\n20.11.2025\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n20.11.2025\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the full text of the Act was not retrievable. No comparison between original intent and enacted provisions is possible. The website returned a 404-style error, suggesting a broken or outdated URL rather than a genuine legislative document."},"complexity_factors":["Legislative text was entirely unavailable — only a website error page was returned","No provisions, definitions, schedules, or operative clauses could be assessed","Complexity score of 1 reflects absence of analysable content, not simplicity of the underlying law","The actual Act may score significantly higher if analysed with full text available"],"plain_english_summary":"## Water Efficiency Labelling and Standards (South Australia) Act 2013\n\n**⚠️ Content Unavailable**\n\nThe actual text of this legislation could not be retrieved — the source URL returned a **Page Not Found** error from the South Australian legislation website.\n\n### What we can infer from the title alone:\n\nBased on the Act's name, this law likely mirrors the **federal Water Efficiency Labelling and Standards (WELS) scheme**, which requires certain water-using products (like taps, showerheads, toilets, and washing machines) to:\n\n- Display a **star rating label** showing how water-efficient they are\n- Meet **minimum water efficiency standards** before they can be sold\n\nSouth Australia's version would apply these requirements at the **state level**, likely to ensure the federal scheme operates consistently within SA's jurisdiction.\n\n**Who it likely affects:**\n- Plumbers and builders installing water fixtures\n- Retailers selling taps, toilets, showerheads, dishwashers, and washing machines\n- Manufacturers and importers of water-using products\n- Everyday consumers buying household appliances\n\n> ⚠️ **This summary is based on the Act's title only. The full legislative text was unavailable for analysis. Do not rely on this summary for legal or compliance purposes.**"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act changes scope by importing the Commonwealth WELS Act into State law and treating it as if it were Commonwealth law while extending application to matters the State can legislate (s4; s5(1)–(2)). It also permits State regulations to modify how Commonwealth amendments apply (s6) and makes offences and administrative matters operate under Commonwealth criminal and administrative laws (s10–15), thereby altering the original Commonwealth jurisdictional limits."},"complexity_factors":["Applies an entire Commonwealth regulatory regime as state law, including statutes, regulations and instruments, creating cross‑jurisdictional legal status (s5(1)).","Extends the Commonwealth law to matters for which the State may legislate, whether or not the Commonwealth has power, broadening subject‑matter reach (s5(2)).","Grants State regulations power to modify or ‘freeze’ particular Commonwealth amendments for State application, adding layered amendment rules (s6(1)–(2)).","Treats offences under the applied provisions as if they were Commonwealth offences and applies relevant Commonwealth criminal laws and procedures, shifting prosecutorial/administrative regimes (s10–13).","Applies specified Commonwealth administrative laws (FOI, Privacy, Ombudsman, Administrative Review Tribunal provisions) to the applied provisions, while excluding State interpretation and limiting federal court jurisdiction where specified (s3 definition; s14(1)–(5)).","Confers the Commonwealth Regulator and Commonwealth officers the same functions, powers and delegations in relation to the applied provisions as under the Commonwealth Act, requiring operational coordination (s8–9, s12, s15).","Directs fees, fines and other money authorised under the applied law to be paid to the Commonwealth, creating a Commonwealth revenue stream from State application (s19).","Adopts the Commonwealth Acts Interpretation Act for interpreting the applied provisions and excludes the State’s own interpretation Act, affecting legal construction (s7).","Permits regulations to carve out or limit the application of certain State consequences of applying Commonwealth criminal/administrative laws, creating conditional exceptions and reliance on subordinate instruments (s11(3), s14(3), s20)."],"plain_english_summary":"Applies the Commonwealth Water Efficiency Labelling and Standards Act 2005 as a law of South Australia so the Commonwealth scheme (labelling, standards, enforcement) governs water‑using products in this State. It also makes investigations, prosecutions, administrative review and fees operate as if the law were federal.\n\nThis affects manufacturers, suppliers and retailers of covered products (they must meet WELS rules), places enforcement and decision‑making with the WELS Regulator and Commonwealth officers, and directs fees and fines to the Commonwealth—creating state compliance obligations administered under federal processes."},"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"},"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 state law. The 2025 amendments merely updated references to administrative review tribunals (replacing AAT with ART) without expanding the substantive scope beyond water efficiency labelling and standards."},"complexity_factors":["Extensive cross-referencing to external Commonwealth legislation (Water Efficiency Labelling and Standards Act 2005, plus four administrative law statutes)","Complex legal mechanism of 'application' rather than direct enactment—requires readers to consult two parallel texts (Commonwealth original and state modifications)","Conditional logic in section 6 allowing regulations to 'switch off' future Commonwealth amendments","Nested deeming provisions (sections 11, 14) that treat state offences/matters as if they were Commonwealth offences/matters","Specific exclusion of standard state interpretation rules (Acts Interpretation Act 1915) in favour of Commonwealth interpretation rules","Recent amendment (2025) substituting Administrative Review Tribunal Act 2024 for previous tribunal legislation, indicating evolving administrative overlay"],"plain_english_summary":"This South Australian law adopts a national scheme for rating how water-efficient appliances and fixtures are—things like washing machines, toilets, and taps.\n\n**What it does:**\n- **Adopts Commonwealth law:** Instead of writing its own rules from scratch, South Australia applies the federal *Water Efficiency Labelling and Standards Act 2005* (called \"WELS\") as if it were state law. This creates a single, consistent system across Australia.\n- **Makes federal rules enforceable locally:** The federal WELS Regulator and other Commonwealth officers can enforce these rules in South Australia, investigating breaches and issuing penalties.\n- **Treats state offences as federal offences:** If someone breaks these rules in South Australia, they're dealt with under Commonwealth criminal procedures—not the usual South Australian court system. This includes investigations, trials, sentencing, and appeals.\n- **Applies federal administrative laws:** People can use Commonwealth review processes (like the Administrative Review Tribunal, Freedom of Information, and Privacy Act) to challenge decisions made under this scheme.\n- **Prevents double punishment:** If someone is fined under the federal law, they can't be fined again under the state version for the same offence.\n\n**Who it affects:**\n- Manufacturers, importers, and retailers of water-using products (like dishwashers, showers, and flow controllers)\n- Consumers buying these products\n- The Commonwealth WELS Regulator, who administers the scheme nationally\n\n**Why it matters:**\nWithout this law, South Australia would need its own separate water efficiency rules, creating red tape for businesses operating across state borders. By \"referring\" to and applying federal law, the state ensures consumers see consistent water efficiency labels (the star ratings on appliances) and businesses face one set of rules nationwide, while still allowing South Australia to make specific modifications if needed."}},"importantCases":[],"_links":{"self":"/api/acts/water-efficiency-labelling-and-standards-south-australia-act-2013","history":"/api/acts/water-efficiency-labelling-and-standards-south-australia-act-2013/history","analysis":"/api/acts/water-efficiency-labelling-and-standards-south-australia-act-2013/analysis","conflicts":"/api/acts/water-efficiency-labelling-and-standards-south-australia-act-2013/conflicts","importantCases":"/api/acts/water-efficiency-labelling-and-standards-south-australia-act-2013/important-cases","documents":"/api/acts/water-efficiency-labelling-and-standards-south-australia-act-2013/documents"}}