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Water Efficiency Labelling and Standards Act 2005
7Definitions
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#### 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.