Water Efficiency Labelling and Standards Determination 2013 (No. 2)

The Determination organises the regime around a few core concepts expressed in statutory terms. These concepts determine scope, technical standard, administrative process and ongoing compliance exposure.

WELS product. Section 6 lists the product categories that are WELS products. The list covers tap equipment for fixed basins, sinks and laundry troughs (with enumerated exclusions such as thermostatic mixing taps, bidet taps, taps for filtered/chilled/boiled water, drinking fountains and bottle fillers certified under particular WaterMark specifications), fixed showers used exclusively for personal bathing (excluding drench and safety showers), household electric dishwashers and clothes washing machines that can connect to potable water, lavatory and urinal equipment, and flow controllers offered separately for use in those products (s 6(1)(a)-(g)).

WELS standard. Section 7 declares that the WELS standard for a WELS product consists of AS/NZS 6400:2016 (as modified by s 5B) plus the additional requirements in s 8. This dual reference combines a standards document (performance, testing and labelling requirements) with statutory wraparound obligations.

WELS labelling and registration. Sections 8 and 9-13 establish that the product must be registered for supply as a new product and must be WELS‑labelled when supplied as new (s 8(1), (3)). Registration requires an application in a Regulator‑approved form and supporting test reports from Regulator‑approved laboratories or WaterMark conformity assessment bodies, together with an application fee (s 9(2)-(3)). The Regulator must register an applied product unless a statutory ground for refusal applies (s 12(1)-(2)).

Minor product. The Determination recognises a minor product pathway for low‑volume items. Section 5A defines a minor product as one where the applicant satisfies the Regulator that fewer than 100 units are expected to be sold in Australia in a 12‑month period specified by the Regulator (s 5A(1)). The section also provides a process for the Regulator to seek further information when an applicant claims minor product status (s 5A(3)). The minor product definition applies both to initial registration and to renewal applications (s 5A(2)).

Regulator discretion and administration. The Regulator is central: they approve the application forms, approve laboratories, accept transferees, may refuse or cancel registrations for accuracy or non‑compliance reasons, may correct the register, and may waive or refund application fees in specified scenarios (see ss 9, 11-12, 15-19). The Regulator must maintain an electronic public register and make it available on their website (s 17).

Interaction with other instruments. The Determination cross‑references a suite of normative documents and the Plumbing Code. It requires compliance with clause A5G4 of the Plumbing Code for products that may be installed in a plumbing installation (s 8(2)). It also relies on AS/NZS 3500.0:2021, AS/NZS 3662:2013, AS 3718:2021 and WMTS‑105:2016 through definitions and certification references (s 5).

Time framing and administrative periods. The Determination defines a charging year as 12 months starting 15 September (s 5). Registration periods and renewal windows are defined in relation to that charging year. Registrations generally expire on 21 January in the next charging year after application, with a transitional grace expiry of 21 July if the renewal time window is missed (s 13).

Recordkeeping and notification obligations. Registrants must retain application documents for two years after registration ends and produce them on request (s 14A). Registrants must notify the Regulator promptly of alterations that affect performance or compliance (s 14(3)).

These concepts create a combined technical and administrative control point: technical conformity as evidenced by approved testing and certifications, plus ongoing administrative conditions to keep a product on the market.

The Determination directly affects several categories of market participants and indirectly affects downstream actors in the supply chain.

Manufacturers. A manufacturer of a product identified in s 6 who intends to supply that product as a new product in Australia must, or may in practice choose to, apply to the Regulator for registration under s 9(1)(a). The manufacturer will usually pay for testing by Regulator‑approved laboratories and must supply test reports demonstrating compliance with the WELS standard (s 9(3)(a)-(b)). If the manufacturer does not apply, an importer may do so only with the manufacturer’s written agreement (s 9(1)(b)).

Importers. Importers are a primary affected group because they commonly bring products to market. An importer may apply for registration only if they have the manufacturer’s written agreement that they will make the application (s 9(1)(b)). If an importer registers the product, they will be the registrant and take on the obligations in ss 14 and 14A, including recordkeeping and notification duties.

Other distributors and private parties. The Determination allows another person to apply for registration if they have the manufacturer’s written agreement and the Regulator is satisfied registration in relation to that person would allow proper administration of the Act (s 9(1)(c)). The Regulator may also accept an applicant that has an “appropriate connection” to the product if registering the product in relation to that person would enable proper administration (s 9(1)(d)). These provisions permit supply chain participants other than manufacturer or importer to become registrants, but subject to the Regulator’s satisfaction.

Retailers and resellers. While the Determination does not impose direct registration obligations on retailers, it requires that WELS products be registered and WELS‑labelled when supplied as new products (s 8(1)-(3)). Retailers supplying new products will therefore be affected because they must ensure they do not supply unregistered items as new and that labelling requirements are met. Retailers may also need to rely on registrant warranties and records to meet compliance expectations.

Laboratories and conformity assessment bodies. Only test reports from laboratories approved by the Regulator, or WaterMark conformity assessment bodies’ certification reports, will satisfy the application requirements (s 9(3)(a)-(b)). The Determination therefore creates demand for Regulator‑approved testing and WaterMark certification where performance requirements are involved.

Designers and engineers. Designers who produce products that may be installed in plumbing installations must ensure products comply with clause A5G4 of the Plumbing Code when relevant (s 8(2)). This imposes a technical conformity requirement linked to building regulation.

Regulator and administrative staff. The Regulator is the decision maker for applications, waivers and transfers and is responsible for maintaining the electronic register (ss 9, 11, 12, 17, 19). The Determination sets out the Regulator’s powers and duties and therefore affects the Regulator’s workload and discretionary obligations.

End users and specifiers. Architects, builders and purchasers who specify products for new builds or renovations will be indirectly affected because the WELS label and register will be the public indicators of compliance. The register is to be accessible online (s 17(3)), so specifiers can identify registered products.

Public authorities. Where procurement or building codes require compliance with plumbing standards, public authorities will interact with the Determination via the Plumbing Code cross‑reference (s 8(2)) and the public register (s 17).

In short, the Determination principally affects manufacturers and importers who must secure registration and testing, while creating compliance dependencies for retailers, specifiers and testing bodies. The Regulator’s discretionary role and the public register also mean that administrative decisions affect market access and supply continuity for these groups.

The Determination imposes clear duties on applicants and registrants and grants administrative rights to the Regulator and to affected persons in limited circumstances.

Duties on applicants and registrants

• Pre‑supply registration duty. A product identified as a WELS product must be registered for supply as a new product for any purpose (s 8(1)). That is an affirmative barrier to supplying a new product without registration.
• Testing and documentation. An application must include test reports from laboratories approved by the Regulator that evaluate compliance with the water efficiency requirements, and test reports from a Regulator‑approved laboratory or WaterMark certification reports that evaluate performance requirements (s 9(3)(a)-(b)). The application must be in a Regulator‑approved form (s 9(2)).
• Fee payment. An application must be accompanied by an application fee as set in the Registration Fees Determination (s 9(3)(c); see definition in s 5).
• Recordkeeping. Registrants must retain copies of all documents included in the application for registration for two years after the registration has ended and make them available to the Regulator on request (s 14A(1)(a)-(b)).
• Notification of changes. Registrants must notify the Regulator as soon as practicable in writing if the product is altered in a way that affects its performance, including water consumption, or its compliance with the WELS standard (s 14(3)(a)-(b)).
• WELS labelling. A registered WELS product must be WELS‑labelled for supply as a new product for any purpose (s 8(3)).

Rights and discretions accorded by the Determination

• Right to apply. The Determination stipulates who may apply (manufacturers, importers with manufacturer’s written agreement, or others with the manufacturer’s agreement or the Regulator’s satisfaction) (s 9(1)). This creates a right to seek registration subject to those prerequisites.
• Regulator registration duty and refusal grounds. The Regulator must register a product in relation to the applicant unless a refusal ground applies (s 12(1)). Refusal grounds include procedural non‑compliance, unpaid fee, inaccuracies in the information provided, or failure to meet the WELS standard or Plumbing Code clause A5G4 where applicable (s 12(2)(a)-(d)).
• Fee waiver or refund discretion. The Regulator may waive or refund an application fee in enumerated circumstances including incorrect calculation, charging error, consequential applications related to different water pressures, or where the Regulator considers waiver appropriate (s 11(1)(a)-(g)). If a full waiver or refund is granted, the application is taken not to have been made for the purpose of computing application fees for later applications in the same charging year (s 11(2)).
• Cancellation and suspension. The Regulator may cancel or suspend a registration if statutory requirements are not complied with, information provided was inaccurate at the time or is no longer accurate, or the product does not comply with the WELS standard (s 15(1)(a)-(c)).
• Change of registrant. The current registrant may request in writing that another person become the registrant and the Regulator may accept the transferee if satisfied the transferee agrees (s 19(1)-(2)). A transferee can also request to become registrant, and the Regulator may accept if satisfied the current registrant agrees or that acceptance would allow proper administration (s 19(3)-(4)).
• Register maintenance and correction. The Regulator must keep an electronic register and make it available on the Regulator’s website (s 17(1)-(3)), and may alter it to correct clerical errors or obvious defects (s 18).

Review rights and procedural protections

• Review of refusal or cancellation. The Determination references s 69 of the Act for review of a refusal to register and for review of cancellation or suspension decisions (notes following ss 12, 15). It also makes decisions about waiver/refund of application fees reviewable under Part 11 of the Act and identifies the applicant as the affected person for that purpose (s 16). The Determination thus ties key substantive and fee decisions into the Act’s review mechanisms.

Timing and administrative windows

• Renewal window constraint. Renewal applications may only be made during the period 15 September to 5 December in the charging year when registration is due to end (s 10(3)). Failure to apply in that period leads to a shortened registration outcome in the charging year (s 13(1A)).

These duties create compliance obligations that begin pre‑supply and continue through registration life and for two years beyond registration end for document retention. The Regulator’s discretions and the statutory review hooks place important administrative rights in the Regulator and limited procedural rights in applicants and registrants.

The Determination itself does not prescribe monetary penalties or criminal sanctions. Instead it establishes administrative enforcement levers and references the Act for review rights. Enforcement and remedial consequences within this Determination are primarily administrative and are exercised by the Regulator.

Administrative enforcement measures provided in the Determination

• Cancellation or suspension of registration. The Regulator may cancel or suspend a product registration if the registrant fails to comply with requirements in s 14, if the Regulator is satisfied information provided was inaccurate when given or is no longer accurate, or if the product no longer complies with the WELS standard (s 15(1)(a)-(c)). Cancellation ends registration on the date of cancellation; suspension causes the product to be treated as not registered while suspension is in force (s 13(2)).
• Refusal to register. The Regulator may refuse to register a product where the application is not made in accordance with ss 9 or 10, the application fee has not been paid or waived, the Regulator is not satisfied that information provided is accurate, or the product fails to meet minimum water efficiency or performance requirements or the Plumbing Code clause A5G4 requirement (s 12(2)(a)-(d)). A refusal prevents legal registration and thus prevents lawful supply as a new product under s 8(1).
• Correction of the Register. The Regulator may alter the Register to correct clerical errors or obvious defects (s 18). This is an administrative tool to ensure public information is accurate.
• Fee waivers and refunds. The Regulator may waive or refund application fees in specified circumstances (s 11(1)). The power to waive or refund is both an administrative remedy and a control on fee outcomes.

Procedural rights and review channels

• Reviewable decisions. The Determination expressly ties certain Regulator decisions to the Act’s review mechanisms. A decision by the Regulator to refuse to register a WELS product may be reviewed under s 69 of the Act (note to s 12). Decisions to cancel or suspend registrations are also reviewable under s 69 (note to s 15). Decisions to refuse to waive or refund the application fee are reviewable under Part 11 of the Act (s 16). The applicant is identified as the affected person for the waiver/refund review route (s 16(2)).

Limits on remedies in this Determination

• Absence of express fines or criminal offences. The Determination does not itself create penalty provisions in the text supplied. It relies on the Act for the broader enforcement framework; sections cited in the Determination (for example, s 69 and Part 11 references) tie administrative decisions into the Act’s review processes. Any civil or criminal sanctions for supplying unregistered products, mislabelling, or other breaches would need to be sourced in the Act or other instruments rather than in this Determination text.

Practical enforcement consequences

• Market exclusion via registration status. Because a product must be registered to be supplied as new (s 8(1)), a refusal, suspension or cancellation functions as an exclusion mechanism. Registrations that are suspended or cancelled remove the legal basis for supplying the product as new until registration is restored or the decision overturned on review.
• Reputational and commercial consequences. The requirement for public listing on an electronic register (s 17(3)) means the public availability of registration status can be used by purchasers and specifiers, and the correction power (s 18) allows the Regulator to maintain that public record. While these are not formal penalties, they alter market access and customer perception.

In summary, this Determination builds enforcement through administrative control of registration and public listing rather than by inserting fines in the Determination itself. It provides review rights by reference to the Act. Users and advisers should therefore consult the Act for any criminal or civil penalty regime that complements the administrative tools set out here.

The Determination is explicitly integrated with other statutory instruments and standards. It operates by cross‑reference to technical standards, the Plumbing Code and the Water Efficiency Labelling and Standards Act 2005 (the Act), creating dependencies and layered compliance obligations.

Authority under the Act. The Determination is made under ss 18, 19 and 26 of the Act (s 3). It references s 69 and Part 11 of the Act for review rights in relation to registration refusal, cancellation or suspension, and fee waiver/refund disputes (notes to ss 12, 15; s 16). The Determination therefore relies on the Act for its legal foundation and for procedural appeal mechanisms but sets out the detailed registration and labelling obligations.

Standards integration. The Determination makes AS/NZS 6400:2016 the core WELS standard for performance, testing and labelling requirements (s 7(2)(a)), and explicitly applies it as in force on 4 November 2022, as modified by s 5B. The Determination also imports definitions and certification references from:

• AS/NZS 3500.0:2021 for terms such as basin, bath, drench shower, flow controller, laundry trough, safety shower, shower, sink and spa bath (s 5);
• AS/NZS 3662:2013 as the source of approved tests for spray force and coverage for high pressure showers (s 5B); and
• AS 3718:2021 and WMTS‑105:2016 for drinking fountain and bottle filler certification/categorisation exceptions (s 6(a)(v)-(viii), s 5 definitions).

Plumbing Code intersection. For products that may be used or installed in a plumbing installation, the Determination requires compliance with clause A5G4 of the Plumbing Code (s 8(2)). The Plumbing Code is the National Construction Code Series, Volume Three, Plumbing Code of Australia 2022, as in force from time to time (s 5). That creates a direct interaction between product registration under the WELS scheme and building/plumbing regulatory requirements.

WaterMark framework. The Determination relies on WaterMark conformity assessment bodies’ certification reports as acceptable evidence of compliance with performance requirements (s 9(3)(b)). WaterMark and WaterMark conformity assessment body are defined by reference to the Plumbing Code (s 5). This means that WaterMark certification processes under the Plumbing Code play a functional role in satisfying WELS registration requirements.

Fee instrument interaction. The definition of application fee refers to the Water Efficiency Labelling and Standards (Registration Fees) Determination 2013 (s 5 definition of application fee). Fee quantum and some administrative fee rules will therefore be found in that separate instrument.

Review and appeal processes. The Determination’s references to s 69 and Part 11 of the Act mean that reviewable decisions under this Determination fit into the Act’s administrative law framework. Users must consult the Act for timeframes, interlocutory procedures and the scope of judicial or merits review.

Temporal alignment and standard versions. The Determination specifies particular version dates for the standards it incorporates (for example AS/NZS 6400:2016 as in force on 4 November 2022; AS 3718:2021 as in force on 17 September 2021; AS/NZS 3500.0:2021 as in force on 26 February 2021; AS/NZS 3662:2013 as in force on 1 July 2023; WMTS‑105:2016 as published in 2016) (s 5). By fixing these dates, the Determination controls which technical requirements apply; future amendments to those standards would apply only if the Determination is updated or if the Determination’s references are understood to capture later versions where stated.

Administrative interplay with other obligations. The notification duty in s 14(3) requires registrants to inform the Regulator when product alterations affect performance or compliance. Where such changes implicate the Plumbing Code or WaterMark requirements, registrants must manage compliance across the WELS regime and plumbing regulatory frameworks.

In sum, the Determination is a node in a regulatory network: it depends on the Act for authority and review pathways, imports and modifies technical standards, links to the Plumbing Code and WaterMark certification for plumbing products, and depends on a separate fee instrument for fee amounts. Compliance therefore requires attention to multiple instruments rather than to the Determination alone.

The text provided is titled Water Efficiency Labelling and Standards Determination 2013 (No. 2). The Determination itself records specific incorporations and version dates for standards; it also records at least one modification to an incorporated standard.

Key items in the text relevant to amendment and versioning:

• Reference to AS/NZS 6400:2016 as in force on 4 November 2022, and modified by subsection 5B(1) (see s 5 definition of AS/NZS 6400:2016 and s 5B). This shows the Determination adopts a particular dated snapshot of the AS/NZS 6400 standard and applies a textual modification to it.
• Section 5B inserts an approval for the tests in Appendix H and Appendix I to AS/NZS 3662:2013 as approved tests for high pressure showers in flow rate Ranges E and F. The addition is a limited technical amendment to the practical application of AS/NZS 6400:2016 within the Determination.
• The definitions include the dates when particular standards were "in force" for the purposes of the Determination: AS 3718:2021 as in force on 17 September 2021; AS/NZS 3500.0:2021 as in force on 26 February 2021; AS/NZS 3662:2013 as in force on 1 July 2023; AS/NZS 6400:2016 as in force on 4 November 2022 (s 5). WMTS‑105:2016 is noted as published in 2016 and identified as the same version adopted by the Australian Building Codes Board on 1 August 2017 (s 5).
• The Determination repeatedly notes that the referenced codes and standards are “as in force” on particular dates and, for the Plumbing Code, “as in force from time to time” (s 5 definition of Plumbing Code). That indicates that, for at least some cross‑references, the Determination adopts a living reference (the Plumbing Code as amended), whereas for the standards it adopts fixed versions by date.

The text itself does not contain an explicit schedule of amendments to the Determination beyond s 5B nor an explicit legislative timeline of when the Determination was amended. The presence of dated references to standards and the specific modification in s 5B indicate at least one substantive update to the Determination’s technical application (the approval of tests from AS/NZS 3662:2013). The title “2013 (No. 2)” suggests this is a version or replacement of an instrument originally made in 2013, but the provided text does not include any chronological amendment table or list of amending instruments beyond the embedded dates for standards.

For a complete chronology of amendments to the Determination, including the dates on which the Regulator adopted updated standard versions or made other textual changes, one must consult legislative instruments records or the instrument history maintained by the relevant registry. The Determination as provided limits its amendment narrative to the internal adoption and modification of standards and does not itself list historical amendment dates for the Determination’s text.

The Determination text supplied contains no references to litigation, court decisions, or case law. The only legal procedural hooks it contains are administrative review references to the Act: it directs readers to section 69 of the Water Efficiency Labelling and Standards Act 2005 for review of decisions to refuse to register, cancel or suspend a registration (see notes to ss 12 and 15). It also identifies decisions to refuse waiver/refund of application fees as reviewable decisions under Part 11 of the Act (s 16).

Because the Determination itself does not cite any judicial authorities, does not record any litigation history, and contains no annexures referring to court decisions, there is no litigation history reflected in this text. Any judicial interpretations of the instrument’s provisions, or enforcement litigation arising from actions under the Determination, would appear in court records or administrative law decisions outside this document. To identify whether there have been legal challenges to the Determination’s application, to registration decisions by the Regulator, or to the interpretation of the WELS standard as adopted here, a search of tribunal and court decisions, and of administrative review determinations under the Act, would be necessary.

Within the Determination, the remedies for affected parties are administrative review routes under the Act, not litigation steps. The Determination therefore leaves enforcement disputes to the Act’s statutory review mechanisms and subsequent litigation practice, which are not described in this instrument.

This Determination contains a number of practical traps and timing or evidentiary pitfalls that can cause registration delays, refusals or suspension risks if overlooked.

Registration prerequisite for supply as new. Section 8(1) requires that the products listed in s 6 be registered for supply as a new product for any purpose. That duty operates as a legal gate. Supplying a product as new without registration would put the supplier outside the statutory supply route established by this Determination. Because the Determination does not itself list penalties here, the immediate legal consequence in this instrument is that an unregistered product lacks the required registration status, and the Regulator has powers to refuse later registration or to take action under the Act; the Act should be consulted for further enforcement detail.

Strict evidentiary requirements for testing. Applications must include test reports from laboratories approved by the Regulator for water efficiency and either approved laboratories or WaterMark certification reports for performance requirements (s 9(3)(a)-(b)). Using non‑approved laboratories or non‑conforming test reports is a common operational risk. Applicants must confirm a laboratory’s approval status with the Regulator before commissioning tests.

Narrow renewal window and expiry consequences. Renewal applications may be made only between 15 September and 5 December in the charging year when registration is due to end (s 10(3)). Failure to meet that window results in the registration being extended only to 21 July in that charging year, rather than the standard expiry on 21 January in the next charging year (s 13(1) and (1A)). Practically, a missed renewal window means a shortened registration life and potential disruption.

Minor product threshold and Regulator inquiries. The Determination permits a minor product pathway where fewer than 100 units are expected to be sold in a 12‑month period (s 5A(1)). However, the Regulator may require written proof and may issue a notice requesting sales data or forecasts (s 5A(3)). The application remains subject to Regulator satisfaction. Claiming minor product status without appropriate supporting evidence can trigger inquiries and potential delays.

Document retention obligation after registration end. Registrants must retain copies of all documents included in the application for two years after the registration has ended and provide them on request (s 14A(1)). Failure to retain documents can leave registrants unable to respond to Regulator queries or defend subsequent enforcement or review actions, particularly because the Regulator may cancel or suspend registration where information was inaccurate when provided or is no longer accurate (s 15(1)(b)).

Notification duty for product changes. Registrants must notify the Regulator as soon as practicable if the product is altered in a way that affects performance or compliance (s 14(3)). Failure to notify can support cancellation or suspension decisions under s 15(1)(a)-(c). This shifts product development, rework and aftermarket modifications into a compliance process.

Plumbing Code compliance trap. Where a product may be used or installed in a plumbing installation, the product must comply with clause A5G4 of the Plumbing Code (s 8(2)). Designers and manufacturers must not assume WELS registration alone ensures compliance with all plumbing requirements.

Transfer of registrant requires consent or Regulator satisfaction. A transferee cannot automatically become the registrant; acceptance by the Regulator requires the current registrant’s agreement or demonstration that the change permits proper administration (s 19(2), (4)). Mergers, acquisitions and supply chain reorganisations require careful planning and evidence to support a change request.

Fee accounting consequences. If the Regulator waives or refunds the whole of an application fee, the application is treated as not having been made for the purpose of calculating application fees for subsequent applications by the same person in the same charging year (s 11(2)). Applicants seeking strategic fee grouping or staggered applications should note this rule.

Public register and potential disclosure. The Regulator must maintain an electronic register and make it available on the website (s 17(1)-(3)). Registrants should assume certain product information and registration status will be publicly visible. Confidential commercial information that is included in application documents may nonetheless be subject to inspection if the Regulator requests copies (s 14A(1)(b)). The Determination does not provide a confidentiality carve‑out for documents retained or submitted.

Approved test modifications limited. The Determination modifies AS/NZS 6400:2016 only by approving specific tests in AS/NZS 3662:2013 for high pressure showers in certain flow rate ranges (s 5B). Applicants relying on other test methods must verify acceptability with the Regulator.

Scope and exclusion traps. The list of exclusions in s 6(a)(i)-(viii) and the shower exclusions in s 6(b)(i)-(ii) are precise. For example, taps used exclusively over a bath or spa bath, thermostatic mixing taps, bidet taps and taps exclusively for filtered/chilled/boiled water are excluded from s 6(a). Misclassifying a product can lead to inappropriate application of the WELS standard or to failure to register where registration is in fact required.

In summary, the main operational risks are procedural: timing of renewals, proper tests from Regulator‑approved bodies, careful record retention, prompt notification of product changes, and secure evidence for minor product claims. Registrants must treat WELS registration as an ongoing administrative obligation rather than a one‑time formality.

Compliance with this Determination requires a programme that addresses product classification, technical testing, administrative application, recordkeeping, renewal timing, notification obligations and interactions with the Plumbing Code. Below is a practical stepwise pathway grounded in the Determination’s provisions.

1. Confirm product classification under s 6

   • Determine whether your product falls within the WELS product list in s 6(1)(a)-(g). Pay close attention to the exclusions listed in s 6(a)(i)-(viii) (for tap equipment) and s 6(b)(i)-(ii) (for showers). If the product is a flow controller offered separately for use in a WELS product, it is itself a WELS product under s 6(g).

2. Identify the applicable WELS standard and related obligations

   • The WELS standard comprises AS/NZS 6400:2016 as modified by s 5B and the statutory requirements in s 8 (s 7). Confirm the exact clauses relevant to your product in AS/NZS 6400:2016 and the specific tests approved by s 5B for certain high pressure showers.

3. Check Plumbing Code obligations

   • If the product may be used or installed in a plumbing installation, ensure compliance with clause A5G4 of the Plumbing Code, per s 8(2). This may require engaging designers or certifiers familiar with the Plumbing Code.

4. Arrange Regulator‑approved testing and WaterMark certification where applicable

   • Commission test reports from laboratories approved by the Regulator for both water efficiency and performance requirements (s 9(3)(a)-(b)). Where performance tests can be satisfied by WaterMark conformity assessment bodies’ certification reports, obtain those certificates and ensure the certifier is a WaterMark conformity assessment body as defined in the Plumbing Code (s 9(3)(b), s 5 definitions).

5. Prepare and submit the application in the Regulator‑approved form

   • Use the application form approved by the Regulator (s 9(2)). Attach the required test reports and pay the application fee (s 9(3)). Confirm the applicable application fee in the Registration Fees Determination referenced in s 5.

6. Plan for minor product claims if applicable

   • If expected sales are fewer than 100 units in the relevant 12‑month period, apply as a minor product but be ready to satisfy the Regulator’s request for evidence under s 5A(3). Keep sales forecasts and historic sales data to hand.

7. Manage renewal timing

   • Note the charging year begins 15 September (s 5 definition). Renewal applications may be made only between 15 September and 5 December in the charging year when registration is due to end (s 10(3)). Missing that window shortens registration in the charging year to 21 July rather than taking the usual expiry to 21 January in the next charging year (s 13(1) and (1A)). Build renewal calendar reminders and a file for renewal documents.

8. Implement document retention and inspection readiness

   • Retain all documents included in the registration application for two years after the registration has ended and be prepared to make them available to the Regulator on request (s 14A(1)). Maintain a secure, indexed repository for test reports, certificates, application forms and correspondence.

9. Establish change management and notification procedures

   • Create procedures to identify product alterations that affect performance or compliance and to notify the Regulator in writing as soon as practicable per s 14(3). Changes requiring new testing should be flagged and new test reports obtained if the registrant chooses not to rely on prior documents in renewal (s 10(4)).

10. Prepare for transfer or change of registrant

    • If corporate transactions require a change of registrant, obtain written agreement from the current registrant and prepare a change request to the Regulator (s 19(1)-(2)). If the transferee requests to become registrant, ensure the Regulator will be satisfied that accepting the transferee would allow proper administration (s 19(3)-(4)).

11. Ensure WELS labelling is in place before supply

    • When a product is registered, ensure all supply of new products is accompanied by the required WELS labels (s 8(3)). Labels must meet the performance, testing and labelling requirements set out in AS/NZS 6400:2016 (s 7(2)(a)).

12. Understand fee waiver and refund pathways

    • If fee errors or related circumstances arise, apply for a waiver or refund under s 11. If the application is refused, note that refusal is a reviewable decision under Part 11 of the Act (s 16). Carefully manage fee payment timing and record supporting facts to support any waiver application.

13. Monitor the public register and correct errors promptly

    • The Regulator’s electronic register is publicly available (s 17(1)-(3)). Monitor the register for correct entries about your product and ask the Regulator to correct clerical errors if they appear (s 18).

14. Plan for regulatory review and disputes

    • For adverse decisions to refuse registration or to cancel or suspend a registration, the Determination refers to s 69 of the Act for review rights (note to ss 12 and 15). Preserve documentary evidence and lodge any review promptly in accordance with the Act’s procedural requirements.

15. Coordinate with supply chain partners

    • Ensure that importers have written agreements from manufacturers if the importer will apply for registration (s 9(1)(b)), and ensure retailers do not offer unregistered products for supply as new. Flow controllers offered separately must be registered if intended for use in a WELS product (s 6(g)).

Following these steps aligns business processes with the Determination’s procedural and substantive requirements. Compliance is primarily documentary and process driven: obtain Regulator‑approved tests, submit the Regulator’s form with paid fee, maintain records, notify changes promptly and manage renewal timing. The Regulator’s discretions and the Act’s review provisions require that businesses be prepared to substantiate claims and to engage with administrative review processes if necessary.