7Definitions

#### 7 Definitions In this Act, unless the contrary intention appears: > acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution. > affected person has the meaning given by subsections 69(2), (3) and (4). > agency: (a) in relation to the Commonwealth, includes the following: (i) a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013); (ii) a body corporate established for a public purpose under a law of the Commonwealth; and (b) in relation to a 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. > civil penalty order has the meaning given by subsection 44A(4). > civil penalty provision: a provision of this Act is a civil penalty provision if: (a) either: (i) the provision sets out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”; or (ii) another provision of this Act provides that the provision is a civil penalty provision; and (b) the provision is of one of the following kinds: (i) a subsection, or a section that is not divided into subsections; (ii) a subregulation, or a regulation that is not divided into subregulations. > Commonwealth Department means the Department of State of the Commonwealth that deals with the matters to which this Act relates. > Commonwealth Minister means the Minister appointed to administer the Department of State of the Commonwealth that deals with the matters to which this Act relates. > Commonwealth Secretary means the Secretary of the Department of State of the Commonwealth that deals with the matters to which this Act relates. > corresponding State‑Territory 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 burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist. > evidential material means: (a) in respect of an offence against this Act: (i) any thing with respect to which the offence has been committed or is suspected, on reasonable grounds, to have been committed; or (ii) any thing as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of the offence; or (iii) any thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing the offence; and (b) in respect of a contravention of a civil penalty provision: (i) any thing with respect to which the civil penalty provision has been contravened or is suspected, on reasonable grounds, of having been contravened; or (ii) any thing as to which there are reasonable grounds for suspecting that it will afford evidence as to the contravention of the civil penalty provision; or (iii) any thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of contravening the civil penalty provision. > Executive Agency has the same meaning as in the Public Service Act 1999. > Federal Court means the Federal Court of Australia. > just terms has the same meaning as in paragraph 51(xxxi) of the Constitution. > occupier, in relation to premises, includes a person who apparently represents the occupier of the premises. > offence against this Act includes: (a) an offence against section 6 of the Crimes Act 1914; and (b) an offence against section 11.1, 11.4, 11.5, 136.1, 137.1 or 137.2 of the Criminal Code; that relates to this Act. > participating State or Territory: a State or Territory is a participating State or Territory if there is a corresponding State‑Territory law for the State or Territory. > person who has WELS information has the meaning given by section 60. > registered: a WELS product is registered if the product is registered under the scheme formulated under subsection 26(1). > Regulator has the meaning given by section 21. > relevant court means: (a) the Federal Court; or (b) the Federal Circuit and Family Court of Australia (Division 2); or (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. > reviewable decision has the meaning given by subsection 69(1). > reviewable State‑Territory decision has the meaning given by subsection 17(2). > Statutory Agency has the same meaning as in the Public Service Act 1999. > supply has the meaning given by section 7A. > this Act includes regulations, and other legislative instruments, made under this Act. > 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 Account means the special account established by subsection 64(1). > WELS business premises means WELS premises that are open to the public on a regular basis. > WELS inspector means a person appointed under subsection 45(1). > WELS‑labelled has the meaning given by subsection 20(1). > WELS premises means premises used for, or in connection with, the supply of one or more WELS products. > WELS product has the meaning given by subsection 18(1). > WELS scheme means the water efficiency labelling and standards scheme established by this Act and corresponding State‑Territory laws. > WELS standard has the meaning given by section 19.