Water Efficiency Labelling and Standards Act 2005 (Victoria)

This Act establishes Victoria's local part in the national Water Efficiency Labelling and Standards (WELS) scheme. Mechanically it does three things.

First, it imports the framework and subject‑matter decisions made under the Commonwealth WELS Act by reference: the Commonwealth Minister determines which products are WELS products and the WELS standards for those products (see notes to ss 18-19 and s 7(2) for treatment of references to the Commonwealth Act). The Victorian Act therefore operates alongside, and generally in tandem with, Commonwealth determinations and the national Regulator established under the Commonwealth Act (see notes to ss 18-21 and s 12).

Second, it creates the local operational and enforcement architecture for that national scheme within Victoria. It recognises the Regulator (as defined by the Commonwealth Act) and sets out specific functions, powers and administrative arrangements the Regulator will exercise in relation to Victoria (ss 21-25). It provides for registration of products (ss 26-31), offences relating to supply, labelling and minimum performance (Part 7), inspection and warrant powers for WELS inspectors (Part 9), information‑gathering powers (ss 60-62), and enforcement tools including infringement notices, publicising convictions, enforceable undertakings, injunctions and Supreme Court enforcement of undertakings (Part 8).

Third, it sets financial and procedural consequences. Fines, infringement penalties and some fees collected by the State must be paid to the Commonwealth WELS Account (s 65) and the Regulator may charge fees for services (s 67). The Act also prescribes compensation mechanisms where Regulator activity damages electronic equipment (s 73).

The Act states its policy purpose in s 1 (to provide for water efficiency labelling and for the making of water efficiency standards) and s 3 sets the objects: conserve water supplies, provide purchaser information and promote efficient technologies. Those are the stated aims; the statutory mechanics show how they are intended to be pursued: product designation and standards (Commonwealth determinations), mandatory registration or labelling in specified circumstances (ss 19, 26-34), policing by inspectors and the Regulator (Parts 5, 8, 9), and civil and criminal sanctions for non‑compliance (Part 7 and others). The Act also records that it is intended to be part of a cooperative national scheme (s 8).

Version No. 008

Water Efficiency Labelling and Standards Act 2005

No. 5 of 2005

Version incorporating amendments as at
22 October 2025

table of provisions

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Objects of Act 1

4 Act to bind the Crown 2

5 External Territories 2

5A Numbering 2

Part 2—Interpretation 4

6 Application of the Criminal Code 4

7 Definitions 4

7A Increased maximum fine for body corporate 7

Part 3—National WELS scheme 9

8 WELS scheme to be a national cooperative scheme 9

9 Application of this Act 9

10 Relationship to other State laws 9

11 State and Territory laws may operate concurrently 9

12 Meaning of corresponding law 9

13 Commonwealth consent to conferral of functions etc. on the Regulator or inspectors by corresponding laws 10

14 How duty is imposed by corresponding laws 10

15 When a corresponding State-Territory law imposes a duty 10

16 No doubling‑up of liabilities 10

17 Review of decisions under this Act 11

Part 4—WELS products and WELS standards 12

18 WELS products 12

19 WELS standards 12

20 Meaning of WELS‑labelled 12

Part 5—The WELS Regulator 13

21 The Regulator 13

22 Functions of the Regulator 13

23 Powers of the Regulator 14

24 Arrangements with other agencies 14

25 Delegation 14

Part 6—Registration of WELS products 16

26 Applying for registration 16

27 Documentation etc. to be provided with application for registration 17

28 Registration of products 17

29 Grounds for refusing to register 18

30 Period of registration 18

31 Cancelling or suspending registration 19

Part 7—Offences relating to the supply of WELS products 21

Division 1—Applicable WELS standards 21

32 Meaning of applicable WELS standard 21

Division 2—Registration and labelling 21

33 Registration requirement 21

34 Labelling registered products 21

Division 3—Minimum efficiency and performance requirements 22

35 Minimum water efficiency—products required to be registered 22

36 Minimum general performance—products required to be registered 22

Division 4—Misuse of WELS standards etc. 23

37 Misuse of WELS standards and information 23

38 Information inconsistent with WELS standards 23

39 Using information in the supply of products 24

Division 5—Extensions of criminal responsibility 24

39A Attempts 24

39B False or misleading information or document 25

Part 8—Other enforcement 27

Division 1—Infringement notices 27

40 Power to serve a notice 27

40A Form of notice 28

Division 2—Publicising offences 28

41 Regulator may publicise offences 28

Division 3—Enforceable undertakings 28

42 Acceptance of undertakings 28

43 Enforcement of undertakings 29

Division 4—Injunctions 30

44 Injunctions 30

Part 9—WELS inspectors 32

Division 1—Appointment of WELS inspectors 32

45 Regulator may appoint WELS inspectors 32

46 Identity cards 32

46A Offences in relation to WELS inspectors 33

Division 2—Powers of WELS inspectors 34

47 Purposes for which powers can be used 34

48 Inspection powers—public areas of WELS business premises 34

49 Inspection powers—with consent 35

50 Refusing consent is not an offence 36

51 Inspection powers—with warrant 36

52 Announcement before entry under warrant 37

53 Copy of warrant to be given to occupier 37

54 Occupier must provide inspector with facilities and assistance 38

55 Seizing or securing evidential material 38

56 Holding evidential material for more than 90 days 39

57 Returning evidential material 39

Division 3—Applying for warrants to enter WELS premises 39

58 Ordinary warrants 39

59 Warrants by telephone, fax etc. 41

Division 4—Giving WELS information to WELS inspectors 43

60 Meaning of person who has WELS information 43

61 Regulator may require a person to provide information 44

62 Regulator may require a person to appear before a WELS inspector 44

62A False or misleading information or documents 45

Division 5—Privilege against self‑incrimination 47

63 Privilege against self‑incrimination not affected 47

Part 10—Money 48

Division 1—The WELS Account 48

64 WELS Account 48

65 Credits to the WELS Account 48

66 Purpose of the WELS Account 48

Division 2—Charging fees etc. 49

67 Regulator may charge for services 49

68 Recovery of amounts 49

Part 11—Review of decisions 50

69 Meaning of reviewable decision and affected person 50

70 Notification of decisions and review rights 50

71 Internal review 51

72 Review of decisions by Administrative Review Tribunal 51

Part 12—Miscellaneous 53

73 Compensation for damage to electronic equipment 53

74 Compensation for acquisition of property 54

75 Annual report 54

76 Review of operation of WELS scheme 54

77 Regulations 55

Endnotes 56

1 General information 56

2 Table of Amendments 58

3 Explanatory details 59

Version No. 008

Water Efficiency Labelling and Standards Act 2005

No. 5 of 2005

Version incorporating amendments as at
22 October 2025

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1 Purpose

The purpose of this Act is to provide for water efficiency labelling and for the making of water efficiency standards.

Note

This section differs from section 1 of the Commonwealth Act.

2 Commencement

(1) This section and section 1 come into operation on the day after the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act come into operation on a day or days to be proclaimed.

Note

This section differs from section 2 of the Commonwealth Act.

3 Objects of Act

The objects of this Act are as follows—

(a) to conserve water supplies by reducing water consumption;

(b) to provide information for purchasers of water‑use and water‑saving products;

4 Act to bind the Crown

(1) This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

(2) Nothing in this Act renders the Crown liable to be prosecuted for an offence.

Note

This section differs from section 4 of the Commonwealth Act.

5 External Territories

Note

The Commonwealth Act includes a provision extending that Act to every external Territory other than Norfolk Island.

5A Numbering

(1) In order to maintain consistent numbering between this Act and the Water Efficiency Labelling and Standards Act 2004 of the Commonwealth—

(a) if the Commonwealth Act contains a section that is not required in this Act, the provision number and heading to the section appearing in the Commonwealth Act are included in this Act despite the omission of the body of the section; and

(b) if this Act contains a section that is not included in the Commonwealth Act, the section is numbered so as to maintain consistency in numbering between sections common to both Acts.

(2) A provision number and heading referred to in subsection (1)(a) form part of this Act.

Notes

1 A note appears under each heading of a kind referred to in subsection (1)(a) describing the omitted section of the Commonwealth Act.

2 A note appears under each section of a kind referred to in subsection (1)(b) highlighting the non-appearance of an equivalent section in the Commonwealth Act.

3 This section does not appear in the Commonwealth Act.

Part 2—Interpretation

6 Application of the Criminal Code

Note

The Commonwealth Act includes a provision applying Chapter 2 of the Criminal Code of the Commonwealth to offences against that Act.

7 Definitions

(1) In this Act—

S. 7(1) def. of Administrative Appeals Tribunal repealed by No. 41/2025 s. 3(Sch. 1 item 34.1(a)).

S. 7(1) def. of Administrative Review Tribunal inserted by No. 41/2025 s. 3(Sch. 1 item 34.1(b)).

Administrative Review Tribunal means the Administrative Review Tribunal established by the Administrative Review Tribunal Act 2024 of the Commonwealth;

affected person has the meaning given by sections 69(2) and 69(3);

agency—

(a) in relation to the Commonwealth, includes the following—

(i) an Agency within the meaning of the Financial Management and Accountability Act 1997 of the Commonwealth;

(ii) a body corporate established for a public purpose under a law of the Commonwealth; and

(b) in relation to this or another State or a Territory, includes the following—

(i) a Department of State (however described) of the State or Territory;

(ii) a body corporate established for a public purpose under a law of the State or Territory;

applicable WELS standard has the meaning given by section 32;

S. 7(1) def. of Common-wealth Act amended by No. 43/2012 s. 3(Sch. item 57).

Commonwealth Act means the Water Efficiency Labelling and Standards Act 2005 of the Commonwealth;

Commonwealth Minister has the same meaning as in the Commonwealth Act;

corresponding law has the meaning given by section 12;

damage, in relation to data, includes damage by erasure of data or addition of other data;

evidential material means any thing that may be relevant to the investigation or prosecution of an offence against this Act;

occupier, in relation to premises, includes a person who apparently represents the occupier of the premises;

offence against this Act includes an offence against the regulations;

penalty unit has the same meaning as in the Commonwealth Act;

Note

Penalty unit is defined for the purposes of laws of the Commonwealth in section 4AA of the Crimes Act 1914 of the Commonwealth.

person who has WELS information has the meaning given by section 60;

registered means registered under a WELS standard;

Regulator means the Regulator established by section 21 of the Commonwealth Act;

reviewable decision has the meaning given by section 69(1);

supply means—

(a) supply for consideration; or

(b) offer to supply for consideration;

water‑saving product means a device, appliance or fitting that—

(a) is not a water‑use product; and

(b) is designed to operate in place of a water‑use product;

water‑use product means a device, appliance or fitting through which, or into which, water flows as part of its normal operation;

WELS business premises means WELS premises that are open to the public on a regular basis;

WELS inspector means a person appointed under section 45(1);

WELS‑labelled has the meaning given by section 20(1);

WELS premises means premises used for, or in connection with, the supply of one or more WELS products;

WELS product means a WELS product within the meaning of the Commonwealth Act;

WELS scheme means the water efficiency labelling and standards scheme established by this Act and corresponding laws;

WELS standard, in relation to a WELS product, means the WELS standard set out for the product in the determination under section 18(1) of the Commonwealth Act.

(2) A reference in this Act to the Commonwealth Act or a corresponding State-Territory law within the meaning of the Commonwealth Act is a reference to that Act or law—

(a) as amended and in force for the time being; and

(b) as re-enacted (and, if subsequently amended, as amended) and in force for the time being.

Note

This section differs from section 7 of the Commonwealth Act.

7A Increased maximum fine for body corporate

(1) If a body corporate is found guilty of an offence against this Act or the regulations and the court has power to fine the body corporate, it may, unless the contrary intention appears, impose on the body corporate a fine not greater than 5 times the amount of the maximum fine that could be imposed by the court on a natural person found guilty of the same offence committed at the same time.

(2) This section has effect despite the prescription of a maximum fine for the offence applicable to all offenders.

Note

This section does not appear in the Commonwealth Act but a provision to the same effect is included in section 4B of the Crimes Act 1914 of the Commonwealth.

Part 3—National WELS scheme

8 WELS scheme to be a national cooperative scheme

It is the intention of the Parliament that this Act form a part of a cooperative scheme between the Commonwealth and the States and Territories to provide for national water efficiency labelling and standards.

9 Application of this Act

Note

The Commonwealth Act includes a provision about the application of that Act.

10 Relationship to other State laws

The provisions of this Act are in addition to, and do not limit or derogate from, the provisions of any other law of the State.

Note

This section differs from section 10 of the Commonwealth Act.

11 State and Territory laws may operate concurrently

Note

The Commonwealth Act includes a provision allowing State laws to operate concurrently with that Act.

12 Meaning of *corresponding law*

For the purposes of this Act, corresponding law means—

(a) the Commonwealth Act; or

(b) a corresponding State-Territory law within the meaning of the Commonwealth Act, other than this Act.

Notes

1 This section differs from section 12 of the Commonwealth Act.

2 See section 7(2) for construction of references in this Act to enactments.

13 Commonwealth consent to conferral of functions etc. on the Regulator or inspectors by corresponding laws

Note

Section 13 of the Commonwealth Act provides Commonwealth consent to the conferral of functions or powers, or the imposition of duties, on the Regulator or WELS inspectors by corresponding State-Territory laws.

14 How duty is imposed by corresponding laws

Note

Section 14 of the Commonwealth Act deals with the imposing of duties on the Regulator or WELS inspectors by corresponding State-Territory laws.

15 When a corresponding State-Territory law imposes a duty

Note

Section 15 of the Commonwealth Act provides a definition of the phrase imposes a duty for the purposes of sections 13 and 14 of that Act.

16 No doubling‑up of liabilities

(1) If—

(a) an act or omission is an offence against this Act and is also an offence against the Commonwealth Act; and

(b) the offender has been punished for the offence under the Commonwealth Act—

the offender is not liable to be punished for the offence under this Act.

(2) If a person has paid, or been ordered to pay, a pecuniary penalty under the Commonwealth Act, the person is not liable to a pecuniary penalty under this Act in respect of the same conduct.

Note

This section differs from section 16 of the Commonwealth Act.

17 Review of decisions under this Act

S. 17(1) amended by No. 41/2025 s. 3(Sch. 1 item 34.2).

(1) Application may be made to the Administrative Review Tribunal for review of a reviewable decision if the decision is declared by the regulations made under the Commonwealth Act to be a reviewable State-Territory decision for the purposes of section 17 of the Commonwealth Act.

S. 17(2) amended by No. 41/2025 s. 3(Sch. 1 item 34.3).

(2) The Administrative Review Tribunal Act 2024 of the Commonwealth (excluding Part 7) and the regulations in force for the time being under that Act apply as laws of Victoria in relation to reviewable decisions.

S. 17(3) amended by No. 41/2025 s. 3(Sch. 1 item 34.3).

(3) For 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 Victoria) 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.

Note

This section differs from section 17 of the Commonwealth Act.

Part 4—WELS products and WELS standards

18 WELS products

Note

Section 18 of the Commonwealth Act enables the Commonwealth Minister to determine that water-use or water-saving products are WELS products and set out the WELS standard for the products.

19 WELS standards

Note

Section 19 of the Commonwealth Act states what must be set out in WELS standards and enables WELS standards to require products to be registered, and registered products to be WELS-labelled, for the purposes of specified supplies of the product.

20 Meaning of WELS‑labelled

(1) A product is WELS‑labelled if it is labelled in accordance with requirements set out in the WELS standard for products of that kind.

(2) Such requirements may relate to one or more of the following—

(a) the characteristics, contents, placement and quality of labels attached to products or displayed on product packaging;

(b) documents or other material used for, or provided in connection with, the supply of the product;

Part 5—The WELS Regulator

21 The Regulator

Note

Section 21 of the Commonwealth Act appoints the Secretary of the Department of State of the Commonwealth that deals with the matters to which the Commonwealth Act relates as the Regulator.

22 Functions of the Regulator

The Regulator has the following functions—

(a) to administer the WELS scheme;

(b) to undertake or commission research in relation to water‑use and water‑saving products;

(d) to undertake or commission research in relation to WELS standards;

(e) to assist in the development of WELS standards;

(f) to provide information and advice to the Minister about the operation of WELS standards;

(g) to provide information and advice to—

(i) the Minister; and

(ii) the Secretary of the Department of State of Victoria that deals with the matters to which this Act relates; and

(iii) the public—

about the operation of the WELS scheme;

(h) to undertake or commission research in relation to the effectiveness of WELS standards in relation to reducing water usage;

(i) such other functions as are conferred on the Regulator by this Act, the regulations or any other law.

Note

This section differs from section 22 of the Commonwealth Act.

23 Powers of the Regulator

Subject to this Act, the Regulator has power to do all things necessary or convenient to be done for or in connection with the performance of the Regulator's functions.

24 Arrangements with other agencies

The Regulator may make an arrangement with an agency of the State for the services of officers or employees of the agency to be made available to assist the Regulator in the performance of the functions or duties, or the exercise of the powers, of the Regulator.

Note

This section differs from section 24 of the Commonwealth Act.

25 Delegation

(1) The Regulator may, by writing, delegate one or more of the Regulator's powers or functions under this Act to one or more of the following—

(a) an officer or employee of an agency of the State;

(b) an officer or employee of an agency of the Commonwealth;

(2) However, the Regulator must not delegate a power or function, under subsection (1), to an officer or employee of an agency of the State without the agreement of the State.

(3) A delegate of the Regulator is, in the exercise of the delegate's delegated powers and functions, subject to the Regulator's directions.

Note

This section differs from section 25 of the Commonwealth Act.

Part 6—Registration of WELS products

26 Applying for registration

(1) The manufacturer of a WELS product may apply in writing to the Regulator for registration of the product.

Notes

1 A WELS standard may require products to be registered for the purposes of specified supplies: see section 19(2) of the Commonwealth Act. It is an offence to supply an unregistered product if the product is required to be registered for the purposes of the supply: see section 33.

However, if a WELS standard permits a product to be registered for the purposes of specified supplies and such a product is registered despite not being required to, WELS‑labelling requirements may apply: see section 19(4) of the Commonwealth Act. It is an offence to supply a product that is not WELS‑labelled if WELS‑labelling requirements apply: see section 34.

2 Section 39B provides offences in relation to false or misleading statements.

(2) A person who is not the manufacturer of a WELS product is taken to be the manufacturer of the product for the purposes of subsection (1) and section 31(3)(b) if that person would be taken to be the manufacturer of the product for the purposes of sections 26(1) and 31(3)(b) of the Commonwealth Act.

Note

This section differs from section 26 of the Commonwealth Act.

27 Documentation etc. to be provided with application for registration

(1) An application for registration of a WELS product must be made in the manner and form determined in writing by the Commonwealth Minister under section 27(1) of the Commonwealth Act, and must be accompanied by—

(a) any documentation (including test results and sample labels) specified in the determination; and

(b) any registration fee specified in the determination.

(2) A determination referred to in subsection (1) may also specify conditions that must be complied with in order for a product to remain registered.

Note

This section differs from section 27 of the Commonwealth Act.

28 Registration of products

(1) If—

(a) an application is made for registration of a WELS product; and

(b) the Regulator does not refuse to register the product under section 29—

the Regulator must, by notice published in the Commonwealth of Australia Gazette, register the product.

(2) The Regulator must give the applicant written notice of the registration or refusal.

(3) If, at the end of the period of 3 months that begins on the day on which the application is made—

(a) a notice registering the product has not been published in the Commonwealth of Australia Gazette; and

(b) the applicant has not been notified, under subsection (2), that the Regulator has refused to register the product—

the Regulator is taken to have refused to register the product.

29 Grounds for refusing to register

The Regulator may refuse to register a WELS product if—

(a) the application is not made in accordance with the applicable determination under section 27(1) of the Commonwealth Act; or

(b) the Regulator is not satisfied that all of the information provided in the application is accurate; or

(c) the product does not satisfy a minimum water efficiency or minimum general performance requirement that the product is required to satisfy by the WELS standard for products of that kind.

30 Period of registration

(1) Unless subsection (2) applies, a WELS product that is registered remains registered until the first of the following happens—

(a) the registration is cancelled or suspended under section 31;

(b) the period of 5 years that begins on the day on which the product is registered ends.

(2) If—

(a) a WELS product is registered under a WELS standard (the first WELS standard); and

(b) the first WELS standard is replaced—

the product remains registered under the first WELS standard until the first of the following happens—

(d) the period of one year that begins on the day on which the first WELS standard was replaced ends.

(3) If the Commonwealth Minister, by writing, determines that, for specified purposes, the period of one year mentioned in section 30(2)(d) of the Commonwealth Act is extended by a further specified period, the period of one year mentioned in subsection (2)(d) of this section is extended for the same purposes by the same further period.

Note

This section differs from section 30 of the Commonwealth Act.

31 Cancelling or suspending registration

(1) The Regulator may, by notice published in the Commonwealth of Australia Gazette, cancel or suspend the registration of a WELS product if—

(a) registration conditions are not complied with (see section 27(2)); or

(b) the Regulator is satisfied that information provided in the application for registration of the product—

(i) was not accurate at the time of the application; or

(ii) is no longer accurate because changes have been made to the product.

(2) If the Regulator cancels or suspends the registration of a WELS product under subsection (1), the Regulator must give written notice of the cancellation or suspension to the person on whose application the product was registered.

(3) The Regulator must, by notice published in the Commonwealth of Australia Gazette, cancel the registration of a WELS product if—

(a) the WELS standard included in the most recent determination made under section 18(1) of the Commonwealth Act that relates to products of that kind does not require the product to be registered; and

(b) the manufacturer on whose application the product was registered makes a written request to the Regulator for the registration to be cancelled.

Part 7—Offences relating to the supply of WELS products

Division 1—Applicable WELS standards

32 Meaning of applicable WELS standard

(1) The applicable WELS standard for a WELS product that is registered is the WELS standard under which the product is registered.

(2) The applicable WELS standard for a WELS product that is not registered is the WELS standard included in the most recent determination made under section 18(1) of the Commonwealth Act that relates to products of that kind.

Division 2—Registration and labelling

33 Registration requirement

A person commits an offence if—

(a) the person supplies a WELS product; and

(b) the applicable WELS standard requires the product to be registered for the purposes of the supply; and

60 penalty units.

34 Labelling registered products

A person commits an offence if—

(a) the person supplies a WELS product; and

(b) the product is registered; and

(d) the product is not WELS‑labelled.

60 penalty units.

Division 3—Minimum efficiency and performance requirements

35 Minimum water efficiency—products required to be registered

A person commits an offence if—

(a) the person supplies a WELS product; and

(b) the applicable WELS standard requires the product—

(i) to be registered for the purposes of the supply; and

(ii) to comply with minimum water efficiency requirements for the purposes of the supply; and

60 penalty units.

36 Minimum general performance—products required to be registered

A person commits an offence if—

(a) the person supplies a WELS product; and

(b) the applicable WELS standard requires the product—

(i) to be registered for the purposes of the supply; and

(ii) to comply with minimum general performance requirements for the purposes of the supply; and

60 penalty units.

Division 4—Misuse of WELS standards etc.

37 Misuse of WELS standards and information

A person commits an offence if the person—

(a) supplies a WELS product; and

(b) uses a WELS standard, or information included in a WELS standard, for, or in relation to, the supply of the product; and

60 penalty units.

Note

Section 39 sets out circumstances in which information is used for, or in relation to, the supply of a product.

38 Information inconsistent with WELS standards

A person commits an offence if—

(a) the person uses information for, or in relation to, the supply of a WELS product; and

(b) the information is inconsistent with the information contained in the applicable WELS standard for the product.

60 penalty units.

Note

Section 39 sets out circumstances in which information is used for, or in relation to, the supply of a product.

39 Using information in the supply of products

(1) For the purposes of sections 37 and 38, information is used for, or in relation to, the supply of a product if the information is conveyed on, or by—

(a) a label attached to the product; or

(b) the packaging in which the product is supplied; or

(d) any advertising that relates to the product.

(2) Subsection (1) does not limit the general meaning of words used in sections 37 and 38.

Division 5—Extensions of criminal responsibility

39A Attempts

(1) A person who attempts to commit an offence against Division 2, 3 or 4 (the relevant offence) is guilty of the offence of attempting to commit that offence and is liable to a fine not exceeding 60% of the maximum fine specified by that Division for the relevant offence.

(2) A person is not guilty of attempting to commit an offence against Division 2, 3 or 4 unless the conduct of the person is—

(a) more than merely preparatory to the commission of the offence; and

(b) immediately and not remotely connected with the commission of the offence.

(3) For a person to be guilty of attempting to commit an offence against Division 2, 3 or 4, the person must—

(a) intend that the offence the subject of the attempt be committed; and

(b) intend or believe that any fact or circumstance the existence of which is an element of the offence will exist at the time the offence is to take place.

(4) A person may be guilty of attempting to commit an offence against Division 2, 3 or 4 despite the existence of facts of which the person is unaware which make the commission of the offence attempted impossible.

Note

This section does not appear in the Commonwealth Act but a provision to the same effect (except as to penalty) is included in section 11.1 of the Criminal Code of the Commonwealth.

39B False or misleading information or document

A person must not—

(a) in connection with an application made to the Regulator under this Act or the regulations; or

(b) in compliance or purported compliance with this Act (other than Division 4 of Part 9) or the regulations—

do either of the following—

(c) give information (whether orally or in writing) that the person knows to be false or misleading in a material particular;

(d) produce a document that the person knows to be false or misleading in a material particular without—

(i) indicating to the person to whom the document is produced that it is false or misleading, and the respect in which it is false or misleading; and

(ii) providing correct information to that person, if the person producing the document is in possession of, or can reasonably acquire, the correct information.

Imprisonment for 1 year or 60 penalty units.

Note

This section does not appear in the Commonwealth Act but provisions to the same effect (except as to penalty) are included in Part 7.4 of the Criminal Code of the Commonwealth.

Part 8—Other enforcement

Division 1—Infringement notices

40 Power to serve a notice

(1) A WELS inspector may serve an infringement notice on any person that he or she has reason to believe has committed an offence against Division 2 or 3 of Part 7.

S. 40(1A) inserted by No. 32/2006 s. 94(Sch. item 51(1)).

(1A) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.

(2) The infringement penalty for an alleged offence is one‑tenth of the maximum fine that a court could impose as a penalty for that offence.

(3) An infringement notice may be served on a person—

(a) by delivering it personally to the person; or

(b) by leaving it at the last known place of residence or business of the person with a person, apparently over the age of 16 years, who appears to live or work at the place; or

Note

This section differs from section 40 of the Commonwealth Act.

S. 40A substituted by No. 32/2006 s. 94(Sch. item 51(2)).

40A Form of notice

For the purposes of section 40, an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Regulator.

Ss 40B–40F repealed by No. 32/2006 s. 94(Sch. item 51(3)).

S. 40G repealed by No. 87/2009 s. 61.

Division 2—Publicising offences

41 Regulator may publicise offences

(1) The Regulator may publicise, in any way he or she thinks appropriate, an offence against this Act for which a person has been convicted.

(2) This Division does not—

(a) limit the Regulator's powers to publicise an offence against this Act; or

(b) prevent anyone else from publicising an offence against this Act; or

Division 3—Enforceable undertakings

42 Acceptance of undertakings

(1) The Regulator may accept a written undertaking given by a person in connection with a matter relating to—

(a) complying with a WELS standard; or

(b) complying with a registration condition (see section 27(2)).

(2) The person may withdraw or vary the undertaking at any time, but only with the consent of the Regulator.

43 Enforcement of undertakings

(1) If the Regulator considers that a person who gave an undertaking under section 42 has breached any of its terms, the Regulator may apply to the Supreme Court for an order under subsection (2).

(2) If the Supreme Court is satisfied that the person has breached a term of the undertaking, the Court may make one or more of the following orders—

(a) an order directing the person to comply with that term of the undertaking;

(b) an order directing the person to pay to the State an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;

(c) any order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;

(d) any other order that the Court considers appropriate.

Note

Section 43 of the Commonwealth Act confers a similar power to enforce undertakings on the Federal Court of Australia.

Division 4—Injunctions

44 Injunctions

(1) If a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute, an offence against this Act, the Supreme Court may, on the application of the Regulator, grant an injunction—

(a) restraining the person from engaging in the conduct; or

(b) requiring the person to do an act or thing.

(2) On an application, the Court may, if it thinks it appropriate, grant an injunction by consent of all parties to the proceedings, whether or not the Court is satisfied that the person has engaged, is engaging or is proposing to engage in any conduct that constituted, constitutes or would constitute, an offence against this Act.

(3) The Court may, if it thinks it desirable, grant an interim injunction pending its determination of an application.

(4) The Court is not to require the Regulator or anyone else, as a condition of granting an interim injunction, to give an undertaking as to damages.

(5) The Court may discharge or vary an injunction it has granted.

(6) The power to grant or vary an injunction restraining a person from engaging in conduct may be exercised—

(a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in such conduct; and

(b) whether or not the person has previously engaged in such conduct.

(7) The power to grant or vary an injunction requiring a person to do an act or thing may be exercised—

(a) whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and

(b) whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.

Note

Section 44 of the Commonwealth Act confers a similar power to grant injunctions on the Federal Court of Australia.

Part 9—WELS inspectors

Division 1—Appointment of WELS inspectors

45 Regulator may appoint WELS inspectors

(1) The Regulator may, by writing, appoint any of the following as a WELS inspector—

(a) an officer or employee of an agency of the State;

(b) an officer or employee of an agency of the Commonwealth.

(2) However, the Regulator must not appoint an officer or employee of an agency of the State as a WELS inspector without the agreement of the State.

(3) In exercising his or her powers or performing his or her functions a WELS inspector must comply with any direction of the Regulator.

Notes

1 Section 46A provides offences in relation to hindering, obstructing or impersonating WELS inspectors.

2 This section differs from section 45 of the Commonwealth Act.

46 Identity cards

(1) The Regulator must issue an identity card to each WELS inspector.

(2) The identity card must—

(a) be in the form prescribed by the regulations made under the Commonwealth Act; and

(b) contain a recent photograph of the WELS inspector.

(3) A person commits an offence if—

(a) the person has been issued with an identity card; and

(b) the person ceases to be a WELS inspector; and

1 penalty unit.

(4) A WELS inspector must carry his or her identity card at all times when exercising powers or performing functions as a WELS inspector.

(5) A WELS inspector is not entitled to exercise any powers under this Part in relation to premises if—

(a) the occupier of the premises has required the WELS inspector to produce his or her identity card for inspection by the occupier; and

(b) the WELS inspector fails to comply with the requirement.

Note

This section differs from section 46 of the Commonwealth Act.

46A Offences in relation to WELS inspectors

(1) A person must not, without reasonable excuse, hinder or obstruct a WELS inspector who is exercising a power under this Act.

60 penalty units.

(2) A person who is not a WELS inspector must not, in any way, hold himself or herself out to be a WELS inspector.

60 penalty units.

Note

This section does not appear in the Commonwealth Act but provisions to the same effect are included in Part 7.8 of the Criminal Code of the Commonwealth.

Division 2—Powers of WELS inspectors

47 Purposes for which powers can be used

A WELS inspector may exercise the powers set out in this Division for the following purposes—

(a) determining whether a person is complying with this Act or the regulations;

(b) investigating a possible offence against this Act or the regulations.

48 Inspection powers—public areas of WELS business premises

(1) For the purposes set out in section 47, a WELS inspector may do one or more of the following in a public area of WELS business premises when the premises are open to the public—

(a) inspect WELS products;

(b) purchase any WELS product that is available for sale;

(c) inspect or collect written information, advertising or any other document that is available, or made available, to the public;

(d) discuss product features with any person;

(e) observe practices relating to the supply of products.

(2) Subsection (1) does not affect any right of the occupier of the premises to refuse to allow a WELS inspector to enter, or remain on, the premises.

49 Inspection powers—with consent

(1) A WELS inspector may enter WELS premises and exercise the powers set out in subsection (3) if the occupier of the premises consents to the entry and the exercise of those powers.

(2) Before obtaining consent, the WELS inspector must inform the occupier that he or she may refuse consent, or withdraw consent, at any time.

(3) For the purposes set out in section 47, a WELS inspector who enters WELS premises in accordance with subsection (1) may do one or more of the following—

(a) search the premises and any thing (including a vehicle) on the premises;

(b) inspect, examine, take measurements of or conduct tests on any thing on the premises;

(d) inspect any book, record or document on the premises;

(e) take extracts from or make copies of any such book, record or document;

(f) take onto the premises such equipment and materials as the WELS inspector requires for the purposes of exercising powers in relation to the premises;

(g) operate equipment on the premises for the purposes of gaining access to a document or record relating to one or more WELS products.

50 Refusing consent is not an offence

The occupier of WELS premises does not commit an offence if—

(a) the occupier refuses to allow a WELS inspector to enter, or remain on, the premises; and

(b) the WELS inspector does not have a warrant to enter the premises.

51 Inspection powers—with warrant

(1) A WELS inspector may enter WELS premises and exercise the powers set out in subsection (2) if the WELS inspector has a warrant for the entry.

Note

Division 3 deals with applications for warrants.

(2) For the purposes set out in section 47, a WELS inspector who enters WELS premises under warrant may do one or more of the following—

(a) exercise one or more of the powers set out in section 49(3);

(b) require any person on the premises to—

(i) answer any questions put by the WELS inspector; and

(ii) produce any book, record or document requested by the WELS inspector;

(3) A person commits an offence if—

(a) the person is required to answer a question or produce a book, record or document under subsection (2)(b); and

(b) the person does not answer the question or produce the book, record or document.

60 penalty units.

Note

This section differs from section 51 of the Commonwealth Act.

52 Announcement before entry under warrant

(1) A WELS inspector must, before entering WELS premises under a warrant—

(a) announce that he or she is authorised to enter the premises; and

(b) give any person on the premises an opportunity to allow entry to the premises.

(2) A WELS inspector is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.

53 Copy of warrant to be given to occupier

(1) If a warrant in relation to WELS premises is being executed and the occupier of the premises is present at the premises, the WELS inspector must—

(a) give a copy of the warrant to the occupier; and

(b) identify himself or herself to the occupier.

(2) The copy of the warrant does not need to include the signature of the magistrate who issued the warrant.

54 Occupier must provide inspector with facilities and assistance

A person commits an offence if—

(a) the person is the occupier of WELS premises; and

(b) a WELS inspector enters the premises under a warrant; and

(c) the person does not provide the WELS inspector with all reasonable facilities and assistance for the effective execution of the warrant.

30 penalty units.

55 Seizing or securing evidential material

(1) If a WELS inspector seizes or secures evidential material on WELS premises, the WELS inspector must give the occupier of the premises a receipt for the material.

(2) The Regulator may make copies of the material.

(3) The Regulator may examine or test the material, even though that might result in damage or destruction of the material or a reduction in its value.

(4) The Regulator must return or release the material when the first of the following occurs—

(a) the material is no longer needed for the purposes for which it was seized or secured;

(b) the period of 90 days that begins on the day on which the material was seized or secured ends.

56 Holding evidential material for more than 90 days

(1) Despite section 55(4)(b), the Regulator may—

(a) apply to the Magistrates' Court for an order allowing possession or control of evidential material for such further period as is specified in the order; and

(b) if the Magistrates' Court makes such an order—so retain possession or control of the material.

(2) In determining the application, the Magistrates' Court must allow the owner of the material to appear and be heard.

(3) The Magistrates' Court must not make an order allowing possession or control of the material for a further period unless it is satisfied that the order is necessary for the purposes of prosecuting an offence against this Act.

57 Returning evidential material

If the Regulator cannot, despite making reasonable efforts, locate the owner of evidential material, the Regulator may dispose of the material in such manner as the Regulator thinks appropriate.

Division 3—Applying for warrants to enter WELS premises

58 Ordinary warrants

(1) A WELS inspector may apply to a magistrate for the issue of a search warrant in relation to particular WELS premises.

S. 58(2) amended by No. 6/2018 s. 68(Sch. 2 item 138).

(2) The magistrate may issue the warrant, in accordance with the Magistrates' Court Act 1989, if the magistrate is satisfied, by evidence on oath or by affirmation or by affidavit, that it is necessary to enter the WELS premises for one or more of the following purposes—

(a) determining whether a person is complying with this Act or the regulations;

(b) investigating a possible offence against this Act or the regulations.

(3) However, the magistrate must not issue the warrant unless the WELS inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.

(4) The warrant must—

(a) authorise the WELS inspector to enter the premises using such assistance and such force to enter the premises as is necessary and reasonable; and

(b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

(c) specify the day (not more than one week after the issue of the warrant) on which the warrant ceases to have effect; and

(d) state the purpose for which the warrant is issued.

(5) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section.

Note

This section differs from section 58 of the Commonwealth Act.

59 Warrants by telephone, fax etc.

(1) If, in an urgent case, a WELS inspector considers it necessary to do so, the WELS inspector may apply to a magistrate by telephone, fax or other electronic means for a warrant under section 58.

(2) The magistrate may—

(a) require communication by voice to the extent that it is practicable in the circumstances; and

(b) make a recording of the whole or any part of any such communication by voice.

(3) Before applying for the warrant, the WELS inspector must prepare an affidavit of the kind mentioned in section 58(2) that sets out the grounds on which the warrant is sought.

(4) If it is necessary to do so, the WELS inspector may apply for the warrant before the affidavit is sworn or affirmed.

(5) If the magistrate is satisfied—

(a) after having considered the terms of the affidavit; and

(b) after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought—

that there are reasonable grounds for issuing the warrant, the magistrate may complete and sign the same warrant that the magistrate would issue under section 58 if the application had been made under that section.

(6) If the magistrate completes and signs the warrant—

(a) the magistrate must—

(i) tell the WELS inspector what the terms of the warrant are; and

(ii) tell the WELS inspector the day on which and the time at which the warrant was signed; and

(iii) tell the WELS inspector the day (not more than one week after the magistrate completes and signs the warrant) on which the warrant ceases to have effect; and

(iv) record on the warrant the reasons for issuing the warrant; and

(b) the WELS inspector must—

(i) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and

(ii) write on the form the name of the magistrate and the day on which and the time at which the warrant was signed.

(7) The WELS inspector must also, not later than the day after the day of expiry or execution of the warrant, whichever is the earlier, send to the magistrate—

(a) the form of warrant completed by the WELS inspector; and

(b) the affidavit referred to in subsection (3), which must have been duly sworn or affirmed.

(8) When the magistrate receives those documents, the magistrate must—

(a) attach them to the warrant that the magistrate completed and signed; and

(b) deal with them in the way in which the magistrate would have dealt with them if the application had been made under section 58.

(9) A form of warrant duly completed under subsection (6) is authority for the same powers as are authorised by the warrant signed by the magistrate.

(10) If—

(a) it is material, in any proceedings, for a court to be satisfied that an exercise of a power was authorised by this section; and

(b) the warrant signed by the magistrate authorising the exercise of the power is not produced in evidence—

the court must assume, unless the contrary is proved, that the exercise of the power was not authorised by such a warrant.

Note

This section differs from section 59 of the Commonwealth Act.

Division 4—Giving WELS information to WELS inspectors

60 Meaning of person who has WELS information

A person is a person who has WELS information if the Regulator believes, on reasonable grounds, that the person is capable of giving information, or producing books, records or documents, relevant for the purposes of investigating or preventing an offence against this Act.

61 Regulator may require a person to provide information

(1) The Regulator may, by written notice, require a person who has WELS information to give to the WELS inspector specified in the notice, and in the manner and within the period specified in the notice—

(a) such information as is specified in the notice; or

(b) any book, record or document that is specified in the notice.

The period must end not less than 14 days after the notice is given.

(2) A notice under subsection (1) must set out the effect of section 62A.

(3) A person commits an offence if—

(a) the person is required to give information or a book, record or document to a WELS inspector under subsection (1); and

(b) the person does not give the WELS inspector the information, book, record or document.

60 penalty units.

Note

This section differs from section 61 of the Commonwealth Act.

62 Regulator may require a person to appear before a WELS inspector

(1) The Regulator may, by written notice, require a person who has WELS information to appear before the WELS inspector specified in the notice, at a time and place specified in the notice—

(a) to answer any questions put by the WELS inspector; and

(b) to produce to the WELS inspector such books, records or documents as are referred to in the notice.

The time must not be earlier than 14 days after the notice is given.

(2) A notice under subsection (1) must set out the effect of section 62A.

(3) A person commits an offence if—

(a) the person is required to appear before a WELS inspector under subsection (1); and

(b) the person does not appear before the WELS inspector.

60 penalty units.

(4) A person commits an offence if—

(a) the person is required under subsection (1) to appear before a WELS inspector; and

(b) when appearing before the WELS inspector, the person does not—

(i) answer a question put by the WELS inspector; or

(ii) produce a book, record or document to the WELS inspector as required by notice given under that subsection.

60 penalty units.

Note

This section differs from section 62 of the Commonwealth Act.

62A False or misleading information or documents

(1) A person is guilty of an offence if—

(a) the person gives information to a WELS inspector under section 61(1) or 62; and

(b) the person does so knowing that the information—

(i) is false or misleading in a material particular; or

(ii) omits any matter or thing without which the information is misleading in a material particular.

60 penalty units.

(2) A person is guilty of an offence if—

(a) the person produces a book, record or document to a WELS inspector under section 61(1) or 62; and

(b) the person does so knowing that the document is false or misleading in a material particular.

60 penalty units.

(3) Subsection (2) does not apply to a person who produces a book, record or document if the book, record or document is accompanied by a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate—

(a) stating that the book, record or document is, to the knowledge of the first‑mentioned person, false or misleading in a material particular; and

(b) setting out, or referring to, the material particular in which the book, record or document is, to the knowledge of the first‑mentioned person, false or misleading.

Note

This section does not appear in the Commonwealth Act but provisions to the same effect (except as to penalty) are included in Part 7.4 of the Criminal Code of the Commonwealth.

Division 5—Privilege against self‑incrimination

63 Privilege against self‑incrimination not affected

Nothing in this Part affects the right of a person to refuse to answer a question, give information, or produce a document, on the ground that the answer to the question, the information, or the production of the document, might tend to incriminate him or her or make him or her liable to a penalty.

Part 10—Money

Division 1—The WELS Account

64 WELS Account

Note

Section 64 of the Commonwealth Act establishes the WELS Account.

65 Credits to the WELS Account

(1) Amounts equal to money received by the State—

(a) in respect of fines, infringement penalties or undertakings given under section 42; or

(b) under Division 2 of this Part—

must be paid to the Commonwealth for crediting to the WELS Account.

(2) The Consolidated Fund is appropriated to the necessary extent to enable amounts to be paid to the Commonwealth in accordance with subsection (1).

Note

This section differs from section 65 of the Commonwealth Act.

66 Purpose of the WELS Account

The purpose of the WELS Account is to make payments—

(a) to further the objects of this Act (as set out in section 3) and those of any corresponding law; and

(b) otherwise in connection with the performance of the Regulator's functions under this Act or the regulations or a corresponding law.

Note

This section differs from section 66 of the Commonwealth Act.

Division 2—Charging fees etc.

67 Regulator may charge for services

The Regulator may charge fees for services provided by, or on behalf of, the Regulator in the performance of the Regulator's functions under this Act or the regulations.

Note

This section differs from section 67 of the Commonwealth Act.

68 Recovery of amounts

The following amounts may be recovered in a court of competent jurisdiction as debts due to the State—

(a) fees payable to the State under this Act, the regulations or a corresponding law;

(b) amounts payable to the State in connection with the performance of the Regulator's functions under this Act or the regulations.

Note

This section differs from section 68 of the Commonwealth Act.

Part 11—Review of decisions

69 Meaning of reviewable decision and affected person

(1) Each of the following decisions is a reviewable decision—

(a) a decision by the Regulator to refuse to register a WELS product under section 29;

(b) a decision by the Regulator to cancel or suspend the registration of a WELS product under section 31.

(2) A person whose application to register a WELS product is refused under section 29 is the affected person in relation to the decision to refuse to register the WELS product.

(3) The person on whose application a WELS product was registered is the affected person in relation to a decision to cancel or suspend that registration under section 31.

70 Notification of decisions and review rights

(1) The Regulator must, as soon as practicable after making a reviewable decision, cause a notice in writing to be given to the affected person in relation to the decision, containing—

(a) the terms of the decision; and

(b) the reasons for the decision; and

(2) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.

71 Internal review

(1) The affected person in relation to a reviewable decision (other than a decision made by the Regulator personally) may apply in writing to the Regulator for review (the internal review) of the decision.

(2) An application for internal review must be made within 30 days after the day on which the decision first came to the notice of the applicant, or within such further period (if any) as the Regulator, either before or after the end of that period, allows.

(3) The Regulator must, on receiving an application, review the reviewable decision personally.

(4) The Regulator may—

(a) make a decision affirming, varying or revoking the reviewable decision; and

(b) if the Regulator revokes the decision, make such other decision as the Regulator thinks appropriate.

S. 72 (Heading) amended by No. 41/2025 s. 3(Sch. 1 item 34.4).

72 Review of decisions by Administrative Review Tribunal

S. 72(1) amended by No. 41/2025 s. 3(Sch. 1 item 34.5).

(1) Subject to the Administrative Review Tribunal Act 2024 of the Commonwealth, an application may be made to the Administrative Review Tribunal for review of the following decisions—

(a) a reviewable decision made by the Regulator personally;

(b) an internal review decision made by the Regulator under section 71.

(2) An application under subsection (1) may be made only by the affected person concerned.

Note

This section differs from section 72 of the Commonwealth Act.

Part 12—Miscellaneous

73 Compensation for damage to electronic equipment

(1) This section applies if—

(a) as a result of electronic equipment being operated as mentioned in section 49—

(i) damage is caused to the equipment; or

(ii) the data recorded on the equipment is damaged; or

(iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and

(b) the damage or corruption occurs because—

(i) insufficient care was exercised in selecting the person who was to operate the equipment; or

(ii) insufficient care was exercised by the person operating the equipment.

(2) The Regulator must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the owner or user agree on.

(3) However, if the owner or user and the Regulator fail to agree, the owner or user may institute proceedings in the Supreme Court for such reasonable amount of compensation as the Court determines.

(4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier's employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.

Note

This section differs from section 73 of the Commonwealth Act.

74 Compensation for acquisition of property

Note

Section 74 of the Commonwealth Act provides for payment of compensation by the Commonwealth for acquisition of property.

75 Annual report

The Minister must cause a copy of each annual report of the Regulator on the operation of the WELS scheme given to the State under section 75 of the Commonwealth Act to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

Note

This section differs from section 75 of the Commonwealth Act. That section provides for the preparation by the Regulator of an annual report on the operation of the WELS scheme. The Commonwealth Minister is required to give a copy to the State.

76 Review of operation of WELS scheme

The Minister must cause a copy of the report of the independent review of the WELS scheme given to the State under section 76 of the Commonwealth Act to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

Note

This section differs from section 76 of the Commonwealth Act. That section provides for an independent review of the operation of the WELS scheme to be undertaken as soon as possible after the fifth anniversary of the commencement of that section. The Commonwealth Minister is required to give a copy to the State.

77 Regulations

(1) The Governor in Council may make regulations prescribing matters—

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Without limiting subsection (1), the regulations may—

(a) prescribe fees in respect of matters under this Act (including the regulations); and

(b) prescribe penalties of not more than 20 penalty units for offences against the regulations.

Note

This section differs from section 77 of the Commonwealth Act.

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 3 November 2004

Legislative Council: 22 March 2005

The long title for the Bill for this Act was "to provide for water efficiency labelling and the making of water efficiency standards and for other purposes."

The Water Efficiency Labelling and Standards Act 2005 was assented to on 5 April 2005 and came into operation as follows:

Sections 1 and 2 on 6 April 2005: section 2(1); rest of Act on 29 April 2005: Government Gazette 28 April 2005 page 811.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Water Efficiency Labelling and Standards Act 2005 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 51) on 1.7.06: Government Gazette 29.6.06 p. 1315
Current State:	This information relates only to the provision/s amending the Water Efficiency Labelling and Standards Act 2005

Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009

Assent Date:	15.12.09
Commencement Date:	S. 61 on 17.12.09: Government Gazette 17.12.09 p. 3338
Current State:	This information relates only to the provision/s amending the Water Efficiency Labelling and Standards Act 2005

Statute Law Revision Act 2012, No. 43/2012

Assent Date:	27.6.12
Commencement Date:	S. 3(Sch. item 57) on 28.6.12: s. 2(1)
Current State:	This information relates only to the provision/s amending the Water Efficiency Labelling and Standards Act 2005

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 138) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Water Efficiency Labelling and Standards Act 2005

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 3(Sch. 1 item 34) on 22.10.25: s. 2
Current State:	This information relates only to the provision/s amending the Water Efficiency Labelling and Standards Act 2005

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3 Explanatory details

No entries at date of publication.

1 Water Efficiency Labelling and Standards Act 2005

Version No. 008

Water Efficiency Labelling and Standards Act 2005

No. 5 of 2005

Version incorporating amendments as at
22 October 2025

table of provisions

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Objects of Act 1

4 Act to bind the Crown 2

5 External Territories 2

5A Numbering 2

Part 2—Interpretation 4

6 Application of the Criminal Code 4

7 Definitions 4

7A Increased maximum fine for body corporate 7

Part 3—National WELS scheme 9

8 WELS scheme to be a national cooperative scheme 9

9 Application of this Act 9

10 Relationship to other State laws 9

11 State and Territory laws may operate concurrently 9

12 Meaning of corresponding law 9

13 Commonwealth consent to conferral of functions etc. on the Regulator or inspectors by corresponding laws 10

14 How duty is imposed by corresponding laws 10

15 When a corresponding State-Territory law imposes a duty 10

16 No doubling‑up of liabilities 10

17 Review of decisions under this Act 11

Part 4—WELS products and WELS standards 12

18 WELS products 12

19 WELS standards 12

20 Meaning of WELS‑labelled 12

Part 5—The WELS Regulator 13

21 The Regulator 13

22 Functions of the Regulator 13

23 Powers of the Regulator 14

24 Arrangements with other agencies 14

25 Delegation 14

Part 6—Registration of WELS products 16

26 Applying for registration 16

27 Documentation etc. to be provided with application for registration 17

28 Registration of products 17

29 Grounds for refusing to register 18

30 Period of registration 18

31 Cancelling or suspending registration 19

Part 7—Offences relating to the supply of WELS products 21

Division 1—Applicable WELS standards 21

The Act is built around a small number of repeatable statutory concepts; understanding these is the key to mapping obligations and enforcement risk.

WELS product and WELS standard: A "WELS product" is defined by reference to the Commonwealth Act (s 7). The Commonwealth Minister determines the kinds of products that become WELS products and the relevant WELS standards (notes to s 18 and s 19). The "applicable WELS standard" for a product is the standard under which the product is registered, or if not registered, the most recent determination relating to that kind of product (s 32). WELS standards can require registration, minimum water‑efficiency and minimum general performance, and set labelling requirements (note to s 19; s 20).

Registered and WELS‑labelled: Registration is an administrative act by the Regulator after an application by the manufacturer (ss 26-28). A product is "WELS‑labelled" if it is labelled in accordance with the relevant WELS standard; labelling requirements can cover the label itself, any documents provided with the product and advertising (s 20). The Act treats "supply" broadly to include offers to supply (s 7), so labelling and advertising reach pre‑contractual commercial activity.

The Regulator and WELS inspectors: The Regulator is the body established by the Commonwealth Act; the Victorian Act specifies functions (s 22) and broad powers (s 23). WELS inspectors are persons appointed by the Regulator (s 45) and have inspection powers in public business areas (s 48), on consent (s 49), and with warrants (s 51). The appointment of State officers as inspectors, and delegation to State agency officers, requires the State's agreement (ss 45(2), 25(2)). Inspectors must carry identity cards (s 46) and there are specific offences for hindering or impersonating inspectors (s 46A).

Supply offences and information offences: Part 7 structures criminal liability. Key offences include supplying a product that must be registered but is not (s 33), supplying a registered product that is not WELS‑labelled where labelling is required (s 34), and breaches of minimum water efficiency or general performance where those minima apply (ss 35-36). Misuse or inconsistency with WELS standards,using a standard in a manner inconsistent with it or using information inconsistent with a standard in supply or advertising,are also offences (ss 37-39). Attempts are criminalised for these offence categories (s 39A). Separate provisions criminalise false or misleading information in applications or compliance contexts (s 39B) and false or misleading information or documents given to inspectors (s 62A).

Enforcement toolbox beyond criminal offences: The Regulator can serve infringement notices for specified offences (s 40, with form requirements at s 40A), publicise convictions (s 41), accept and enforce undertakings (ss 42-43), seek injunctions from the Supreme Court (s 44), and apply to the Supreme Court for enforcement against breach of undertakings (s 43(2)). Seizure and temporary retention of evidential material is provided for (ss 55-57), as are information‑gathering notices and attendance notices for persons who have WELS information (ss 60-62).

Money and account mechanics: The WELS Account is the Commonwealth account used to further WELS objects. Crucially, amounts equal to money received by the State from fines, infringement penalties or undertakings must be paid to the Commonwealth for crediting to the WELS Account (s 65). The Regulator may charge fees for services (s 67), and the State may recover fees and amounts payable as debts (s 68).

Review and remedies: Decisions to refuse registration or to cancel or suspend registration are reviewable decisions (s 69). The Act provides for internal review by the Regulator (s 71) and review by the Administrative Review Tribunal under the Administrative Review Tribunal Act 2024 as applied (s 72). Enforcement in the courts for injunctions and enforcement of undertakings is via the Supreme Court (ss 43-44).

Ancillary provisions: The Act binds the Crown (s 4) but preserves the Crown’s immunity from prosecution in subsection (2). It preserves the privilege against self‑incrimination for information and production compelled under Part 9 (s 63). Compensation for damage to electronic equipment arising from Regulator‑operated equipment operations is provided for, with negotiated or Court‑determined compensation (s 73).

These concepts form a coherent administrative and criminal regulatory structure: product designation and standards are national; registration, inspection and enforcement are conducted under this Act with specified State‑level procedural protections and review pathways; monetary flows and certain decisions remain connected to the Commonwealth WELS Account and national regime.

Primary regulated entities

Manufacturers of water‑use and water‑saving products. The Act puts the onus on manufacturers to apply for registration (s 26) and supplies offences are framed around those who supply products (Part 7). The statutory definition of "manufacturer" is imported from the Commonwealth Act by reference (s 26(2) and note), and the Act treats persons who are not manufacturers as manufacturers for registration purposes where the Commonwealth Act so treats them.
Suppliers and retailers. "Supply" includes offers to supply (s 7). That means retailers, wholesalers and any intermediary whose advertising or sale activities present a product to the market are within the scope of labelling and information offences (ss 34, 37-39). Advertising that is inconsistent with a WELS standard or labelling requirement can attract liability (s 20(2); ss 37-39).
Importers, distributors and re‑branders. The Act’s registration, labelling and minimum performance obligations will extend to imported or re‑branded products if the applicable WELS standard requires registration or labelling for the supply in question (note to s 26(1) and s 19(4) in the Commonwealth Act contexts). Chain‑of‑supply roles need to understand who counts as the "manufacturer" for registration purposes under the Commonwealth definitions.

Enforcement and administrative actors

The Regulator (Commonwealth office), which administers registrations, research, standards assistance, enforcement and communication (s 22). The Regulator may make arrangements with State agencies for services (s 24) and may delegate (s 25) subject to State agreement where delegations involve State officers.
WELS inspectors appointed by the Regulator (s 45). Inspectors may be State or Commonwealth officers (s 45(1)) but appointment of State officers requires State agreement (s 45(2)).
State agencies and officers who may be engaged under arrangements (s 24) or appointed as delegates/inspectors subject to State agreement (ss 25, 45).

Other affected actors

Advertisers and marketing agencies. Advertising is explicitly included in the labelling definition (s 20(2)) and in the definition of "using information in the supply" (s 39(1)(d)). Marketing campaigns that claim water efficiency or performance must be consistent with applicable WELS standards.
Consumers and purchasers. The Act’s stated objects (s 3) target purchasers by providing information and promoting adoption of efficient technologies. Practically, consumers are protected indirectly by registration, minimum performance requirements and labelling obligations that shape available products.
Courts and tribunals. The Supreme Court and Magistrates’ Court have roles: Magistrates issue warrants under s 58 (linked to the Magistrates’ Court Act 1989), the Supreme Court enforces undertakings and grants injunctions (ss 43-44), and the Administrative Review Tribunal hears reviewable decisions under ss 71-72.

Fiscal and intergovernmental stakeholders

The Commonwealth, by receiving amounts credited to the WELS Account from State collections (s 65). This creates a direct flow of fines and other amounts from State enforcement to the Commonwealth account.
The Victorian Treasury/State agencies that collect fines and enforce offences, since amounts received by the State are to be passed to the Commonwealth for credit to the WELS Account (s 65), and the Consolidated Fund is appropriated accordingly (s 65(2)).

Who pays and who decides

Who pays: suppliers/manufacturers risk criminal fines (often 60 penalty units), infringement penalties (one‑tenth of the maximum fine per s 40(2)), costs associated with compliance (testing, labelling, registration fees), and potential compensation awards (s 73). Where the State levies fines or collects penalties, those amounts are credited to the Commonwealth WELS Account (s 65).
Who decides: key policy decisions about what products are WELS products and the content of standards are made at Commonwealth level (notes to ss 18-19). Administrative decisions about registration, cancellation and enforcement are taken by the Regulator under this Act (ss 28, 31, 22), subject to internal review (s 71) and external review by the Administrative Review Tribunal (s 72). Courts decide on warrants (s 58), injunctions and enforcement of undertakings (ss 43-44).

In short, the Act affects product manufacturers and their commercial partners across the supply chain, imposes inspection and disclosure obligations on businesses, places enforcement discretion with the national Regulator operating in Victoria, and channels monetary penalties from the State to the Commonwealth WELS Account.

Key duties

Duty to register when required: A person who supplies a WELS product commits an offence if the applicable WELS standard requires registration for the supply and the product is not registered (s 33). Registration is initiated by a manufacturer’s written application to the Regulator (s 26) accompanied by documentation and fees as specified in a Commonwealth determination (s 27).
Duty to label registered products when required: Supplying a registered product that the applicable WELS standard requires to be WELS‑labelled, but supplying it without the label, is an offence (s 34). "WELS‑labelled" is defined by s 20 and encompasses label content, documents provided with the product and advertising (s 20(2)).
Duty to meet minimum performance and efficiency requirements: Supplying a product that is required to be registered and to meet minimum water efficiency (s 35) or minimum general performance (s 36) but does not comply, constitutes an offence.
Duty to not misuse WELS standards or provide inconsistent information: Using a WELS standard or information from it inconsistently in the supply of a product is an offence (s 37). Using information in supply that is inconsistent with the information in the applicable WELS standard is an offence (s 38). "Use" includes labels, packaging, documents and advertising (s 39).
Duty to provide information to inspectors or the Regulator when lawfully required: The Regulator may require persons who have WELS information to provide specified information or documents (s 61) or to appear and answer questions and provide documents (s 62). Failure to comply is an offence (s 61(3), s 62(3)-(4)). Provision of false or misleading information in these contexts is separately criminalised (s 62A).
Duty to assist in execution of warrants: An occupier must provide reasonable facilities and assistance when an inspector executes a warrant (s 54), and failure to do so is an offence attracting 30 penalty units.
Duty of occupier to accept identity checks: Inspectors must carry identity cards (s 46); where an occupier requests production of the card, the inspector cannot exercise powers if they fail to produce it (s 46(5)).

Key rights and protections

Right to refuse consent to entry: An occupier may refuse consent to an inspector entering premises; refusal is not an offence (s 50). Entry without consent requires a warrant (s 51).
Privilege against self‑incrimination preserved: The Act does not affect a person’s right to refuse to answer a question or produce a document on the grounds that it might incriminate them (s 63).
Review and procedural fairness: Affected persons have an internal review right to the Regulator for most reviewable decisions (s 71) and may appeal to the Administrative Review Tribunal where applicable (s 72). The Regulator must notify the affected person in writing of the decision, reasons and particulars of review rights (s 70(1)), although failure to give notice does not invalidate the decision (s 70(2)). The Regulator must personally review decisions when internal review is sought (s 71(3)).
Protections in warrant and seizure processes: When material is seized the inspector must give a receipt (s 55(1)). Material must be returned when it is no longer needed or after 90 days (s 55(4)), subject to Magistrates' Court extension on application (s 56). The owner has the right to appear in court in hearings about retaining material (s 56(2)).
Compensation for damage to electronic equipment: If damage arises from operation of electronic equipment by or on behalf of the Regulator and is caused by insufficient care in operator selection or operation, the Regulator must pay reasonable compensation or the owner may seek the Supreme Court’s determination (s 73).

Other operational rights/duties

The Regulator’s functions include research, advice, assisting in standard development, administering the scheme and providing information to the Minister and the public (s 22). The Regulator can make arrangements with agencies for assistance (s 24), delegate powers (s 25) subject to State agreement where relevant, and exercise wide powers necessary for its functions (s 23).
The State has a procedural right to agree or not to consenting to delegation to State officers, and to agree to the appointment of State officers as inspectors (ss 25(2), 45(2)).

Concrete thresholds and penalties

Many of the core supply offences carry a maximum penalty of 60 penalty units (ss 33-39, s 46A, s 62A). The Act defines "penalty unit" by reference to the Commonwealth Act (s 7) with a note linking that definition to the Crimes Act 1914 s 4AA. For bodies corporate, the court may, unless a contrary intention appears, impose a fine up to five times the amount that could be imposed on a natural person for the same offence (s 7A).

Practical interplay

Importantly, a WELS standard may require registration for certain supplies only; it may also permit voluntary registration with concomitant labelling obligations (note to s 26(1) referencing Commonwealth Act s 19(4)). That nuance means a manufacturer might voluntarily register for certain supply contexts but thereby incur ongoing labelling obligations for those supplies.

In sum, affected parties face a structured set of duties,registration, labelling, minimum performance, truthful information and cooperation with inspectors,balanced by review rights, privilege protections and defined procedural safeguards around warrants and seizure.

Penalty architecture

Standard criminal maxima: Many of the supply, labelling, efficiency and information offences carry a maximum penalty listed as 60 penalty units (ss 33-39, s 46A, s 62A). The Act assigns specific penalties for other procedural offences: failure to return an identity card is 1 penalty unit (s 46(3)); failure to provide facilities after a warrant is 30 penalty units (s 54); false or misleading statements in connection with an application or compliance may attract imprisonment for 1 year or 60 penalty units (s 39B). Note that "penalty unit" is defined by reference to the Commonwealth Act (s 7) and the explanatory note references section 4AA of the Crimes Act 1914 for the Commonwealth definition.
Increased corporate maximums: Section 7A provides that, unless a contrary intention appears, a court may impose on a body corporate a fine up to five times the maximum that could be imposed on a natural person for the same offence. This applies despite the prescription of a maximum fine for the offence (s 7A(1)-(2)). The section is modelled on a similar federal provision and does not appear in the Commonwealth Act, but the effect is that companies face an elevated maximum exposure.

Administrative enforcement tools

Infringement notices: WELS inspectors may serve infringement notices for offences against Divisions 2 or 3 of Part 7 (registration, labelling, minimum efficiency/performance) (s 40(1)). The infringement penalty is one‑tenth of the maximum fine the court could impose for the offence (s 40(2)). Infringement notices must comply with the form required by the Infringements Act 2006 (s 40A), and such offences are declared to be infringement offences under that Act (s 40(1A)).
Publicity of convictions: The Regulator may publicise convictions in any way it thinks appropriate (s 41(1)). The Division makes clear this power does not limit others from publicising and does not affect other obligations to publicise (s 41(2)).
Enforceable undertakings: The Regulator may accept a written undertaking to comply with a WELS standard or registration condition (s 42). If the Regulator considers the undertaking breached, it may apply to the Supreme Court. The Court may order compliance, disgorgement of financial benefit up to the amount attributable to the breach, compensation to persons who suffered loss, and other appropriate orders (s 43(2)(a)-(d)). The enforcement of undertakings is civil and provides a route for remedial relief and financial remedies short of criminal prosecution.

Court remedies and coercive powers

Injunctions: The Regulator may apply to the Supreme Court for injunctions to restrain conduct that constitutes or would constitute an offence, or to require action (s 44(1)). The Court may grant injunctions even by consent (s 44(2)), grant interim relief (s 44(3)), and is not to require an undertaking as to damages as a precondition for interim injunctions (s 44(4)). The Court’s powers can be exercised irrespective of whether the person has previously engaged in the conduct (s 44(6)-(7)).
Inspection and seizure powers: WELS inspectors can inspect public areas of business premises and perform certain activities without a warrant (s 48). Entry with consent allows broad search, seizure and data access powers (s 49(3)). Entry with a warrant permits seizure and requirement to answer questions and produce documents (s 51(2)(b)-(c)). Seized evidential material must be receipted and may be examined or tested even if that damages it (s 55(1)-(3)). Material must be returned when no longer needed or after 90 days unless a Magistrates' Court authorises further retention (ss 55(4), 56).
Compulsion and penalties for non‑cooperation: Persons required to provide information under ss 61-62 who fail to do so commit offences carrying 60 penalty units (s 61(3), s 62(3)-(4)). A person required under a warrant to answer or produce documents commits an offence if they do not (s 51(3)).

Special offences and extensions

Attempts: Attempts to commit offences in Divisions 2-4 of Part 7 are criminalised, with attempted offences carrying up to 60% of the maximum fine for the completed offence (s 39A).
False and misleading statements: Section 39B criminalises false or misleading information or documents in connection with Regulator applications or in compliance contexts; the maximum is imprisonment for one year or 60 penalty units. Section 62A criminalises providing false or misleading information or documents to inspectors, with the same 60 penalty unit maximums.

Monetary flows and incentives

Credit to the WELS Account: Amounts equal to money received by the State in respect of fines, infringement penalties or undertakings must be paid to the Commonwealth for credit to the WELS Account (s 65(1)). The Consolidated Fund is appropriated to enable those payments (s 65(2)). This mechanism channels State‑collected monetary sanctions to the Commonwealth account used to further WELS objects (s 66).

Procedural and judicial review

Review rights: Decisions to refuse registration or to cancel or suspend registration are reviewable by the Regulator internally (s 71) and then by the Administrative Review Tribunal (s 72), which applies the Administrative Review Tribunal Act 2024 as a law of Victoria (s 17(2); s 72(1)). Where the Regulator accepts an undertaking, breach enforcement goes to the Supreme Court (s 43).

Practical enforcement takeaways

The mix of criminal, administrative (infringements), civil (undertakings and injunctions) and supervisory powers gives the Regulator multiple enforcement pathways. Many of the most commonly encountered statutory breaches attract the same quantum of maximum penalty (60 penalty units), while procedural non‑compliance (for example, failing to provide assistance under a warrant) attracts lower specific penalties (30 penalty units).
Corporates potentially face elevated maximum fines via s 7A. Entities should therefore treat registration, labelling and testing obligations seriously because non‑compliance exposes them to multiple enforcement options and significant monetary exposure, and monetary recoveries collected by the State are redirected to the Commonwealth WELS Account (s 65).

National framework and references

The Act is expressly designed to operate as part of a national cooperative scheme (s 8). It references the Commonwealth WELS Act and treats Commonwealth determinations and the Regulator established under that Act as central to operation (s 7 note and notes throughout Parts 4-5). References to the Commonwealth Act or corresponding State‑Territory laws are to those enactments "as amended and in force for the time being" (s 7(2)).

Concurrent State laws and non‑derogation

The Act states its provisions are in addition to, and do not limit or derogate from, any other law of the State (s 10). That means State regulatory regimes in related areas (building codes, plumbing standards, consumer protection laws) may operate concurrently. The Act lacks an express preclusion of State regulation in the subject matter area and instead confirms that it supplements other State law.

Double punishment and overlapping Commonwealth jurisdiction

The Act contains an anti‑duplication provision: if an act or omission is an offence under both this Act and the Commonwealth Act and the offender has been punished under the Commonwealth Act, the offender is not liable to be punished under this Act (s 16(1)). Similarly, a person who has paid a pecuniary penalty under the Commonwealth Act is not liable to a pecuniary penalty under this Act for the same conduct (s 16(2)). This mechanistic rule protects against double punishment where Commonwealth enforcement has already been applied.

Delegations, appointments and State consent

Delegation mechanics (s 25) and WELS inspector appointments (s 45) expressly require the agreement of the State before delegation to, or appointment of, State officers. This creates an intergovernmental check: national administration via the Commonwealth Regulator will function in Victoria only with State agreement where State officers are to be used. That requirement is a specific cross‑jurisdictional control the Act embeds.

Interaction with enforcement and criminal procedure laws

Warrants are to be issued by magistrates in accordance with the Magistrates' Court Act 1989 (s 58(2)-(5)); telephone/written warrant procedures are provided (s 59). Infringement notices operate under the Infringements Act 2006 (s 40(1A)-(2); s 40A). The Act also cross‑references the Administrative Review Tribunal Act 2024 for review procedures (s 17, s 72(1)). False statement provisions echo federal Criminal Code provisions (notes to s 39B and s 62A referencing Commonwealth Code analogues).

Monetary transfers and appropriation

Amounts collected by the State in respect of fines, infringement penalties or undertakings must be paid to the Commonwealth for credit to the WELS Account (s 65(1)). The Consolidated Fund is appropriated to enable payments (s 65(2)). This is an explicit financial interaction where State enforcement revenue is channelled to a Commonwealth account used to further the WELS objects (s 66).

Crown immunity and application

The Act binds the Crown in right of Victoria to the extent permitted by Parliament (s 4(1)) but explicitly provides that nothing in the Act renders the Crown liable to be prosecuted for an offence (s 4(2)). Therefore, prosecution of the Crown is preserved as excluded by the Act; other legal avenues may still be available against agencies and officers where the Act authorises them.

Regulatory overlap and consumer protection regimes

Because the Act operates in addition to other State laws (s 10), businesses must align compliance with WELS standards, labelling and registration, while also complying with State consumer protection, building and plumbing regulations. For example, a plumbing product might be subject to WELS labelling, State plumbing approvals, and Australian Consumer Law obligations; the Act does not displace those other obligations.

Administrative law and review

The Act imports review pathways under the Administrative Review Tribunal Act 2024 as applied to Victoria (s 17(2), s 72), ensuring administrative decisions about registration and cancellation have statutory administrative review routes. This creates an overlay on the national administrative machinery that gives affected persons a local review pathway.

In summary, the Act is designed to sit within a network of Commonwealth and State laws. It defers substantive product and standards decisions to Commonwealth determinations, aligns enforcement with national Regulator structures, requires State agreement for using State officers, channels State collected fines to the Commonwealth WELS Account, and preserves concurrent State regulation and procedural review. Practitioners need to map where Commonwealth determinations, State regulatory regimes, and WELS obligations intersect for any given product.

The Version information and endnotes in the Act record the post‑enactment amendments and specific statutory changes incorporated into the published version as at 22 October 2025. The Act text itself indicates where Victorian provisions differ from the Commonwealth Act and records where later amending Acts have changed particular sections. The following is a reconstruction of the amendment history as set out in the endnotes and section‑level notes in the text.

Primary amending instruments recorded in the endnotes

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 (assent 13 June 2006; commencement of relevant amendment items 1 July 2006). That amending Act inserted s 40A (form of infringement notice) and repealed ss 40B-40F (s 40A substituted by No. 32/2006 s 94(Sch. item 51(2)); ss 40B-40F repealed by the same instrument).
Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009 (assent 15 December 2009; commencement of s 61 17 December 2009). An item in this amending Act repealed s 40G (s 40G repealed by No. 87/2009 s 61).
Statute Law Revision Act 2012, No. 43/2012 (assent 27 June 2012; commencement 28 June 2012). This Act amended s 7(1) to alter the definition reference to the Commonwealth Act (No. 43/2012 s 3(Sch. item 57)).
Oaths and Affirmations Act 2018, No. 6/2018 (assent 27 February 2018; commencement for s 58(2) 1 March 2019). This amending Act amended s 58(2) related to warrants (S. 58(2) amended by No. 6/2018 s 68(Sch. 2 item 138)).
Statute Law Revision Act 2025, No. 41/2025 (assent 21 October 2025; commencement 22 October 2025 for Schedule item 34). This 2025 instrument made multiple amendments: it repealed the definition of Administrative Appeals Tribunal and inserted a definition of Administrative Review Tribunal in s 7(1); it amended ss 17 and 72 and related numbering and wording items (S. 17(1) and (2) amended by No. 41/2025 s 3(Sch. 1 item 34.2) and item 34.3; s 72 heading and s 72(1) were amended by the same instrument as noted in the text).

Textual notes and section‑level changes

Section 1 (Purpose) and section 2 (Commencement) are explicitly noted as differing from the Commonwealth Act (s 1 and s 2 notes).
Section 4 (Act to bind the Crown) differs materially from the Commonwealth Act by preserving Crown immunity from prosecution (s 4 note).
Section 5A (Numbering) does not appear in the Commonwealth Act; it exists to maintain consistent numbering between the Commonwealth and Victorian Acts and includes notes about omitted and additional provisions (s 5A).
Definitions and cross‑references in s 7 have been tailored: Administrative Review Tribunal replaced Administrative Appeals Tribunal; the definition of "Regulator" and other terms are tied to the Commonwealth Act but constructed as current references (s 7; notes).
Section 25 (Delegation) differs from the Commonwealth Act by requiring State agreement before delegation to State agency officers (s 25 note).
Sections related to enforcement and inspector powers have Victorian adjustments: s 40 differs from the Commonwealth Act (infringement notices), s 46 differs (identity cards and an offence for failing to return identity card), s 45 differs (appointments of inspectors and State agreement requirement), s 51 differs concerning powers under a warrant.
Sections 61 and 62 (information notices and attendance) differ from the Commonwealth Act (s 61 and s 62 notes).
Sections 73 and 75-76 (compensation for damage to electronic equipment; annual report and review of operation of WELS scheme) are noted as differing from the Commonwealth Act.

Practical consequence of the amendment history notes

The endnotes list the Acts and commencement dates relevant to the incorporated amendments; they indicate a sequence where the Victorian Act has been kept in step with certain federal or national administrative changes, updated court‑procedure references (Oaths and Affirmations Act amendment), and moved to reflect the Administrative Review Tribunal Act 2024 naming. The 2025 Statute Law Revision Act modernised references to tribunal machinery and updated cross‑references.
The amendment notes in the text highlight areas where the Victorian Act intentionally departs from the Commonwealth template,most materially on Crown immunity (s 4), State agreement requirements for delegations and inspector appointments (ss 25, 45), and the financial flow of enforcement monies to the Commonwealth WELS Account (s 65).

Readers and practitioners should consult the Act’s endnotes and the listed amending Acts for the exact chronology and text changes. The public version of the Act as at 22 October 2025 already incorporates those listed amendments, and the section‑level notes in the Act identify where Victorian provisions differ from the Commonwealth Act.

The text of the Act and the included endnotes contain no reported judicial decisions, case citations, or references to litigation arising under this Victorian WELS Act. The Act itself records the procedural routes available for judicial and tribunal engagement, which indicates the likely forums where disputes would be heard, but it does not identify any cases.

Relevant forums and potential litigation pathways (statutory)

Magistrates’ Court: Magistrates issue search warrants under s 58 in accordance with the Magistrates' Court Act 1989. Disputes over the issue, execution or validity of warrants would therefore be litigated in magistrates’ processes consistent with that Act.
Supreme Court: The Supreme Court is the forum identified for injunction relief (s 44), and for enforcement of undertakings (s 43). If the Regulator seeks civil enforcement or coercive relief, the Supreme Court will be the likely judicial avenue.
Administrative Review Tribunal: Reviewable administrative decisions (refusal to register, cancellation or suspension of registration) are reviewable by the Administrative Review Tribunal under ss 71-72, applying the Administrative Review Tribunal Act 2024 as a law of Victoria (s 17(2)). Tribunal decisions may give rise to further judicial review in the Higher Courts depending on the statutory pathways available and prevailing administrative law jurisprudence.
Magistrates’ Court for retention orders: The Magistrates' Court may order continued retention or control of evidential material beyond 90 days (s 56(1)), with the owner entitled to appear and be heard (s 56(2)). Disputes regarding continued retention by the Regulator are therefore likely to be resolved in that jurisdiction.

Absent reported cases in the Act text, practitioners must rely on procedural provisions and the Act’s structure to anticipate litigation vectors: judicial review of administrative decisions at tribunal and court levels, civil enforcement of undertakings or injunctions in the Supreme Court, and magistrates’ involvement in warrant and retention processes.

If a practitioner seeks case law interpreting specific provisions (for example, thresholds for "use" of information, meaning of "registered" in complex supply chains, or the scope of s 62 notices), they will need to consult court databases or publicly reported decisions because the Act’s published text does not include litigation history.

This section flags concrete provisions that commonly trip up businesses and that practitioners should treat as operational risks or drafting footguns. Each item cites the relevant section so the mechanism is clear.

"Supply" includes offers: The Act defines "supply" to include offers to supply for consideration (s 7). That broad definition means pre‑sale advertising and online listings can fall within the labelling and information offence regimes (ss 34, 37-39). Practitioners should not treat obligations as arising only at point of sale.
Voluntary registration may impose obligations: A WELS standard may permit products to be registered for specified supplies even where registration is not required; if a product is registered voluntarily, labelling requirements may apply (note to s 26(1) referencing Commonwealth Act s 19(4)). Manufacturers who register to gain market recognition may incur ongoing labelling and performance obligations they did not intend.
Publication in the Commonwealth Gazette is integral to registration: The Regulator must publish registrations in the Commonwealth of Australia Gazette (s 28(1)). If, at the end of three months from application, no Gazette notice has been published and no written refusal has been given, the Regulator is taken to have refused the application (s 28(3)). Applicants must monitor Gazette publication timelines closely and not assume registration without formal notice.
False or misleading statements carry high exposure: Section 39B criminalises false or misleading statements in connection with an application or in compliance contexts, with a maximum of 1 year’s imprisonment or 60 penalty units. This provision applies to compliance processes, not only to obvious fraud, so record‑keeping and review procedures for submissions to the Regulator are essential.
Information to inspectors has criminal consequences: Persons required under s 61 or s 62 to provide information or appear who provide false or misleading statements commit offences under s 62A (60 penalty units). There is a narrow safe harbour for producing documents known to be false where they are accompanied by a signed written statement identifying the falsehood (s 62A(3)), but reliance on that exception must be documented.
State‑Commonwealth coordination affects personnel: The Regulator may appoint State officers as inspectors or delegate powers to State officers only with the State’s agreement (ss 45(2), 25(2)). This means in practice that enforcement capacity in Victoria may depend on intergovernmental arrangements; practitioners should be alert to the identity and authority of inspectors entering premises.
Money collected by State is credited to the Commonwealth WELS Account: Amounts equal to fines, infringement penalties or undertakings received by the State must be paid to the Commonwealth for credit to the WELS Account (s 65(1)). This payment mechanism could alter the incentives of State agencies or the political economy of enforcement , the State collects the enforcement evidence but the proceeds flow to the Commonwealth. The Act prescribes the mechanism; it does not provide details of how the State will budget for enforcement costs.
Crown immunity preserved for prosecutions: The Act binds the Crown (s 4(1)) but preserves that the Crown cannot be prosecuted for an offence (s 4(2)). Practitioners dealing with government procurements or supplies should note the Crown’s immunity from prosecution under the Act, meaning that liability of government bodies will follow administrative or civil paths rather than criminal prosecution under this Act.
Corporates face multiplied exposure: Section 7A allows courts to impose on bodies corporate fines up to five times the maximum for a natural person for the same offence, unless a contrary intention appears. Corporate defendants should therefore assess their exposure differently from individuals.
Retention and destruction of seized material: Inspectors may examine or test seized material even where that may damage or destroy it (s 55(3)); material must be returned when no longer needed or after 90 days unless a Magistrates’ Court orders extension (ss 55(4), 56). Business evidence management plans should therefore anticipate possible damage to records or stock.
Administrative notice requirements do not invalidate decisions: The Regulator must notify affected persons of decisions and review rights (s 70(1)), but failure to do so does not affect the validity of the decision (s 70(2)). Practitioners must therefore act promptly on notice or absence of notice and not rely on procedural defects to invalidate decisions.
Identity card requirement checks inspector powers: Inspectors must carry identity cards and can be denied powers if they fail to produce them when the occupier requests (s 46(4)-(5)). Occupiers can ask to see identity cards; this is a legitimate procedural checkpoint for businesses.
Electronic equipment compensation depends on "insufficient care": Section 73 provides compensation for damage to electronic equipment if caused by insufficient care either in operator selection or operation. Whether an operator exercised "sufficient care" will be a fact question. Businesses should preserve evidence of warnings and guidance given to the inspector or operator; s 73(4) explicitly asks courts to consider whether occupiers provided appropriate warning or guidance.
Interaction with other State laws: The Act operates in addition to State laws (s 10). Businesses must align WELS duties with State plumbing or building approvals and with the Australian Consumer Law. Non‑compliance under WELS does not preclude penalties or regulatory consequences under other regimes.

These are not theoretical drafting curiosities; they are concrete operational points where business process, product design, labelling, advertising, testing and interactions with inspectors intersect with statutory liability, evidence and fines. Practitioners advising suppliers should map these exposures stepwise: product designation → applicable WELS standard → registration requirement or voluntary registration → labelling requirements → advertising claims → inspection and information obligations.

This section sets out an operational checklist and practical compliance steps directly grounded in the Act’s text. Each numbered step cites the controlling provisions.

Confirm whether the product is a WELS product and identify the applicable WELS standard (ss 18-19 notes; s 32).
- The Commonwealth Minister determines what constitutes a WELS product and the content of WELS standards (notes to ss 18-19). Practically, check the current Commonwealth determination and the Regulator’s published registers to find the applicable standard for your product kind (s 32 defines "applicable WELS standard").
Determine registration requirements and labelling obligations (s 19 note, s 32, s 20).
- If the applicable WELS standard requires registration for specified supplies, registration is mandatory (note to s 26(1); s 33). If registration is optional under the standard, be aware that registration may nonetheless bring labelling obligations (note to s 26(1) referencing s 19(4) of the Commonwealth Act). Also confirm any label, packaging and advertising requirements under s 20(2).
Prepare the registration application and supporting documentation (ss 26-27).
- Manufacturers must apply in writing (s 26(1)). Applications must follow the form and manner set by a Commonwealth Ministerial determination and accompany documentation (including test results and sample labels) and any registration fee specified in the determination (s 27(1)-(2)). Keep tested data, version control for labels, and copies of paid fees.
Monitor the registration timeline and publication (s 28).
- The Regulator must publish registration notices in the Commonwealth of Australia Gazette (s 28(1)) and notify applicants in writing (s 28(2)). If no Gazette publication or written refusal is received within 3 months of application, the Regulator is taken to have refused registration (s 28(3)). Keep proof of application timing and follow up proactively.
Ensure labels, packaging and advertising are consistent with the applicable WELS standard and the Act’s definitions (s 20, ss 37-39).
- Label layout, content and placement, accompanying documents and advertising must all conform. Use a compliance checklist referencing the WELS standard language. Advertising claims implying a WELS rating must be supported by registration or permissible references within the standard.
Maintain testing, design records and change‑control processes (s 31).
- The Regulator may suspend or cancel registration if registration conditions are not complied with or if information provided was inaccurate or is no longer accurate because of product changes (s 31(1)(a)-(b)). Keep traceable records of design changes, test reports, batch records and sample labels, and promptly notify and re‑register or seek advice if substantive changes occur.
Build procedures for inspections, notices and warrants (ss 48-56, 61-62).
- Train staff on responding to inspector visits: public area inspection rules (s 48), consent procedures (s 49(2) requires inspectors to inform occupiers of the right to refuse consent) and rights to refuse entry without a warrant (s 50). If inspectors present warrants, ask to see identity cards and receive a copy of the warrant if occupier present (ss 46(4)-(5), 52-53). For information notices (s 61) and attendance notices (s 62), note that minimum notice periods are 14 days and non‑compliance is an offence (s 61(1), s 62(1)).
Implement internal compliance controls to avoid false or misleading information (ss 39B, 62A).
- Ensure internal sign‑offs, verification of test data, and review of documents provided to the Regulator or inspectors. False or misleading statements in applications or to inspectors are criminalised (s 39B; s 62A). Maintain a clear process to correct any identified errors and to supply corrected information promptly as required by the statutory safe harbour in s 39B(d)(i)-(ii) and s 62A(3) for documents known to be false if accompanied by signed statements.
Prepare for record‑retention and evidential handling (ss 55-57).
- If evidential material is seized, the inspector must give a receipt (s 55(1)), and the Regulator may retain the material but must return it when no longer needed or after 90 days unless extended by Magistrates' Court order (ss 55(4), 56). Keep copies of records and back‑ups offsite; be aware the Regulator may copy material (s 55(2)) and may examine even at risk of damage (s 55(3)). Preserve chain‑of‑custody documentation.
Understand review rights and timelines (ss 69-72).
- If registration is refused or cancelled, the affected person receives notice including reasons and particulars of review rights (s 70). Internal review must be sought within 30 days unless extended (s 71(2)); the Regulator must personally conduct internal review (s 71(3)). Review to the Administrative Review Tribunal is then available (s 72), subject to the Administrative Review Tribunal Act 2024 procedures as applied (s 17(2)).
Manage financial exposure and fee obligations (ss 27(1), 65-68).
- Budget for registration fees specified in determinations (s 27(1)(b)), ongoing fees charged by the Regulator (s 67), and the potential for infringement penalties (one‑tenth of maximum fine per s 40(2)), fines and costs. Note that amounts collected by the State flow to the Commonwealth WELS Account (s 65). Ensure that financial reserves and insurance approaches account for corporate multipliers under s 7A.
If accepting or proposing an enforceable undertaking, obtain legal advice on enforceability and financial exposure (ss 42-43).
- Undertakings are civilly enforceable by the Supreme Court; breach can lead to orders for compliance, disgorgement of financial benefit, compensation and other remedies (s 43(2)). Undertakings should be drafted with clear performance metrics and termination/variation clauses, with legal review prior to acceptance.
Document interactions with inspectors to preserve s 73 claims for electronic damage.
- If Regulator‑operated electronic equipment is used that may damage data or programs, preserve evidence of warnings, guidance and operator competence. Under s 73 the Regulator must compensate where insufficient care was exercised by the Regulator or its operator; courts will consider whether the occupier provided appropriate warning or guidance (s 73(4)).
Keep under review the national standard updates and the WELS register.
- WELS standards can be replaced and registration timeframes are impacted by standard replacement (s 30(2)-(3)). Monitor Commonwealth determinations and the Regulator’s publications for changes that may require product re‑testing or re‑registration.
Ensure contractual allocation of regulatory risk throughout the supply chain.
- Given that manufacturers, importers and suppliers can all be caught by offences (manufacturer status can be attributed under the Commonwealth Act; s 26(2) notes), contracts should allocate responsibility for registration, testing, labelling and defence of compliance actions. Consider indemnities and representations that flow down to suppliers and distributors.

This checklist is procedural and tied to specific statutory references in the Act. For complex or borderline cases,particularly where product changes, voluntary registration choices, international imports, or cross‑jurisdictional enforcement are involved,seek targeted legal advice to align product development, testing, labelling and commercial contracts with the Act’s requirements.

Water Efficiency Labelling and Standards Act 2005

Plain English Summary

Deep Dive

What it does

Current sections

Water Efficiency Labelling and Standards Act 2005

Source text: opening excerpt

1 Water Efficiency Labelling and Standards Act 2005

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

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How to comply