Registration before supply (section 33): A person must not supply a WELS product if the applicable WELS standard requires the product to be registered for the purposes of the supply, unless the product is registered at the time of supply. This is a strict liability offence (60 penalty units) and a civil penalty provision (60 penalty units per contravention).
WELS labelling before supply (section 34): A person must not supply a WELS product if the applicable WELS standard requires it to be WELS-labelled and the product is not WELS-labelled. Strict liability offence and civil penalty provision, each 60 penalty units.
Minimum water efficiency (section 35): Where the WELS standard requires registered products to comply with minimum water efficiency requirements, the product must comply before it can be supplied. Strict liability offence and civil penalty provision, each 60 penalty units.
Minimum general performance (section 36): Similarly for minimum general performance requirements. Strict liability offence and civil penalty provision, each 60 penalty units.
Consistent use of WELS standards and information (sections 37-38): A person supplying WELS products must not use the WELS standard or information derived from it inconsistently with the standard (section 37). A person must not use information for or in relation to the supply of a WELS product that is inconsistent with the information contained in the applicable WELS standard (section 38). Using information on labels, packaging, documents, or advertising are all covered (section 39). Both are strict liability offences and civil penalty provisions.
Not labelling non-WELS products as WELS products (section 37A): A person must not supply a product that purports to be WELS-labelled if the product is not a WELS product. Strict liability offence and civil penalty provision.
Honest information in registration applications (section 32A): A person must not provide false or misleading information or documents with a registration application. Civil penalty provision (60 penalty units); no strict liability.
Compliance with compliance audit notices (section 43A): If the Regulator suspects a contravention and considers it in the public interest, the Regulator may require a person to undertake and report on a compliance audit. Failure to comply is a strict liability offence and civil penalty provision (30 penalty units).
Compliance with remedial action notices (section 43B): Similarly, the Regulator may require remedial action, with the same enforcement pathway and 30-penalty-unit consequence.
Occupier to assist WELS inspector with warrant (section 54): If a WELS inspector enters premises under warrant, the occupier must provide all reasonable facilities and assistance. Failure is a 30-penalty-unit offence.
WELS inspector must produce identity card: A WELS inspector cannot exercise entry or inspection powers unless they produce their identity card when required (section 46(5)).