This determination is the Water Efficiency Labelling and Standards Determination 2013 (No. 2).
3 Authority
This determination is made under sections 18, 19 and 26 of the Water Efficiency Labelling and Standards Act 2005.
5 Definitions
In this determination:
Act means the Water Efficiency Labelling and Standards Act 2005.
application fee means a fee payable under the Water Efficiency Labelling and Standards (Registration Fees) Determination 2013 for an application under section 9 or 10 of this determination.
AS 3718:2021 means Australian Standard AS 3718:2021 Water supply – Tap ware, as in force on 17 September 2021.
AS/NZS 3500.0:2021 means Australian/New Zealand Standard AZ/NZS 3500.0:2021 Plumbing and drainage, Part 0: Glossary of terms, as in force on 26 February 2021.
AS/NZS 3662:2013 means Australian/New Zealand Standard AS/NZS 3662:2013 Performance of showers for bathing, as in force on 1 July 2023.
AS/NZS 6400:2016 means Australian/New Zealand Standard AS/NZS 6400:2016 Water efficient products—Rating and labelling published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as in force on 4 November 2022 and as modified by subsection 5B(1).
basin has the same meaning given by AS/NZS 3500.0:2021.
bath has the same meaning given by AS/NZS 3500.0:2021.
charging year means a period of 12 months starting on 15 September.
clothes washing machine includes a clothes washing machine that has a clothes drying function.
drench shower has the same meaning given by AS/NZS 3500.0:2021.
flow controller has the same meaning given by AS/NZS 3500.0:2021.
laundry trough has the same meaning given by AS/NZS 3500.0:2021.
minor product has the meaning given by subsections 5A(1) and (2).
Plumbing Code means the document titled National Construction Code Series, Volume Three, Plumbing Code of Australia 2022, published by the Australian Building Codes Board, as in force from time to time.
registrant, for a registered WELS product, means the person in relation to whom the product is registered.
safety shower has the same meaning given by AS/NZS 3500.0:2021.
shower has the same meaning given by AS/NZS 3500.0:2021.
sink has the same meaning given by AS/NZS 3500.0:2021.
spa bath has the same meaning given by AS/NZS 3500.0:2021.
thermostatic mixing tap has the same meaning given by AS/NZS 3500.0:2021.
WaterMark has the same meaning given by the Plumbing Code.
WaterMark conformity assessment body has the same meaning given by the Plumbing Code.
WELS standard has the meaning given by section 7.
WMTS-105:2016 means WaterMark Technical Specification WMTS-105:2016 Appliances – beverage dispensers and icemakers, published by the Australian Building Codes Board in 2016.
Note: This is the same version as the one adopted by the Australian Building Codes Board on 1 August 2017.
5A Meaning of minor product
For section 9 applications
(1) A WELS product is a minor product for the purposes of an application by a person to register the product under section 9 if the person satisfies the Regulator that fewer than 100 units of the product are expected to be sold in Australia in a period of 12 months specified by the Regulator.
For section 10 applications
(2) A WELS product is a minor product for the purposes of an application by a person to register the product under section 10 if the product was a minor product under subsection (1) and either:
(a) the Regulator has not given the person a notice under subsection (3) in relation to the product; or
(b) the Regulator has given the person a notice under subsection (3) in relation to the product and the information provided in response to the notice satisfies the Regulator of a matter mentioned in paragraph (3)(a) or (b).
Regulator may ask for information
(3) If a person applies to register a product under section 10 and the product was a minor product under subsection (1), the Regulator may, by notice in writing given to the person, ask the person to provide information to satisfy the Regulator that:
(a) fewer than 100 units of the product were sold in Australia in the period of 12 months specified in the notice; or
(b) fewer than 100 units of the product are expected to be sold in Australia in the next period of 12 months.
5B Modifications of AS/NZS 6400:2016
(1) For the purposes of this determination, AS/NZS 6400:2016 applies as if the following were added at the end of Note 1 to Table 3.1:
The tests in Appendix H (Determination of Nominal Spray Force) and Appendix I (Determination of Spray Coverage) to AS/NZS 3662:2013 are approved tests for high pressure showers in flow rate Ranges E and F.
Part 2—WELS products and WELS standards
6 Determination of WELS products
(1) A water‑use product or water‑saving product of any of the following kinds is a WELS product:
(a) tap equipment that is for use over a fixed basin, sink or laundry trough, other than:
(i) tap equipment that is for use exclusively over a bath or spa bath;
(ii) thermostatic mixing taps;
(iii) bidet taps;
(iv) taps that are exclusively used to deliver filtered, chilled or boiled water;
(v) drinking fountains certified in accordance with WMTS-105:2016;
(vi) drinking fountain outlets certified in accordance with AS 3718:2021 and categorised by a WaterMark conformity assessment body as drinking fountains and bottle fillers;
(vii) bottle fillers certified in accordance with WMTS-105:2016; and
(viii) bottle filler outlets certified in accordance with AS 3718:2021 and categorised by a WaterMark conformity assessment body as drinking fountains and bottle fillers;
(b) fixed showers that are for use exclusively for personal bathing, other than:
(i) drench showers; and
(ii) safety showers;
(c) electric dishwashers that can have a connection to a potable water supply and that are intended for household use;
(d) electric clothes washing machines that can have a connection to a potable water supply and that are intended for household use, including such machines that are:
(i) cold wash only; or
(ii) combination clothes washing machine dryers;
(e) lavatory equipment that uses water, including toilets, cisterns, pans and associated flushing devices;
(f) urinal equipment that uses water, including associated flushing devices;
(g) flow controllers that are:
(i) for use in a product that is a WELS product under any of paragraphs (a) to (d); and
(ii) offered for supply separately from the product (whether or not they are also offered for supply as a component of the product).
7 WELS standard
(1) This section sets out the WELS standard for the products mentioned in section 6.
(2) The WELS standard for a product consists of:
(a) the performance, testing and labelling requirements set out in AS/NZS 6400:2016; and
(b) the requirements mentioned in section 8.
8 WELS standard requirements
(1) A product mentioned in paragraphs 6(a) to (g) must be registered for supply as a new product for any purpose.
(2) A product mentioned in paragraph 6(a), (b), (e), (f) or (g) that may be used or installed in a plumbing installation must comply with clause A5G4 of the Plumbing Code.
(3) A product mentioned in section 6 that is registered must be WELS‑labelled for supply as a new product for any purpose.
Part 2A—Registration of WELS products
9 Application for registration of new product
(1) Any of the following may apply in writing to the Regulator to register a WELS product that is not registered:
(a) the manufacturer of the product;
(b) the importer of the product, if the importer has the agreement of the manufacturer in writing that the importer will make the application;
(c) another person, if:
(i) the person has the agreement of the manufacturer in writing that the person will make the application; and
(ii) the Regulator is satisfied that registering the product in relation to the person would allow the proper administration of the Act in relation to the product;
(d) another person, if the Regulator is satisfied that:
(i) the person has an appropriate connection with the product; and
(ii) registering the product in relation to the person would allow the proper administration of the Act in relation to the product.
(2) The application must be made in a form approved by the Regulator.
(3) The application must be accompanied by:
(a) test reports from a laboratory approved by the Regulator that evaluate the compliance of the product with the water efficiency requirements in the WELS standard for the product; and
(b) test reports from a laboratory approved by the Regulator, or WaterMark conformity assessment body’s certification reports, that evaluate the compliance of the product with the performance requirements in the WELS standard for the product; and
(c) an application fee.
(4) The application may be accompanied by any other document that is relevant to whether the product complies with the water efficiency requirements or performance requirements in the WELS standard for the product.
(5) An application under this section may relate to a WELS product that is a minor product.
10 Application for renewal of registration
(1) The registrant for a registered WELS product may apply in writing to the Regulator to register the product for a further period.
(2) The application must be made in a form approved by the Regulator.
(3) The application may be made only during the period beginning on 15 September and ending on 5 December in the charging year in which the registration is due to end under subsection 13(1).
(4) The registrant may:
(a) identify documents previously submitted to the Regulator that the registrant wishes to rely on to show that the product complies with the water efficiency requirements or performance requirements in the WELS standard for the product; or
(b) if the registrant does not wish to rely on a previous document—submit a new document to the Regulator.
Note: Reasons a new document, such as a new test report, might be required include a change in the product or a change in the WELS standard since the product was registered.
(5) The application must be accompanied by an application fee.
(6) An application under this section may relate to a WELS product that is a minor product.
11 Waiver and refund of fees
(1) The Regulator may waive or refund an application fee, or part of an application fee, if:
(a) the application is refused; or
(b) the application fee was calculated incorrectly; or
(c) the application fee should not have been charged; or
(d) the application was made as a result of the cancellation or suspension of a registration and the Regulator considers that the cancellation or suspension should not have occurred; or
(e) the application relates to the performance of a product at a particular water pressure, and a fee has already been received for an earlier application in relation to the performance of the product at another water pressure; or
(f) the product to which the application relates is not registered; or
(g) the Regulator considers that a waiver or refund of the application fee is appropriate in the circumstances.
(2) If the Regulator waives or refunds the whole of the application fee, the application is taken not to have been made for the purpose of working out the application fees for subsequent applications by the same person in the same charging year.
12 Registration of products
(1) If an application is made for registration of a WELS product, the Regulator must register the product in relation to the person who made the application unless the Regulator refuses to register the product under subsection (2).
(2) The Regulator may refuse to register a WELS product if:
(a) the application is not made in accordance with section 9 or 10; or
(b) the application fee is not paid and has not been waived; or
(c) the Regulator is not satisfied that all of the information provided in the application is accurate; or
(d) the product:
(i) does not satisfy a minimum water efficiency requirement or a minimum performance requirement in the WELS standard for the product; or
(ii) does not satisfy the requirements of subsection 8(2).
Note: For the review of a decision to refuse to register a WELS product, see section 69 of the Act.
13 Period of registration
(1) Subject to subsection (1A), a registered WELS product is registered until 21 January in the next charging year after the charging year in which the application was made to register the product.
(1A) If, in the charging year in which the registration of a WELS product would otherwise end under subsection (1), an application to register the product for a further period is not made in accordance with subsection 10(3), the product is registered until 21 July in that charging year.
(2) Despite subsections (1) and (1A):
(a) if the registration of a WELS product is cancelled, the registration ends on the date of cancellation; and
(b) if the registration of a WELS product is suspended, the product is taken to not be registered while the suspension is in force.
14 Requirements for product to remain registered
(1) This section sets out the requirements that must be complied with in order for a WELS product to remain registered.
(3) The registrant must notify the Regulator as soon as practicable in writing if the product is altered in a way that affects:
(a) the performance of the product, including water consumption; or
(b) the compliance of the product with the WELS standard for the product.
14A Requirements for recordkeeping
(1) The registrant must:
(a) retain copies of all documents included in the application for registration for 2 years after the registration has ended; and
(b) make the documents available for inspection by the Regulator on the Regulator’s request.
15 Cancelling or suspending registration
(1) The Regulator may cancel or suspend the registration of a WELS product if:
(a) the requirements in section 14 are not complied with; or
(b) the Regulator is satisfied that the information provided either in the application for registration of the product or by notification to the Regulator:
(i) was not accurate at the time of the provision of the information; or
(ii) is no longer accurate; or
(c) the Regulator is satisfied that the product does not comply with the WELS standard for that product set out in section 7.
Note: For the review of a decision to cancel or suspend the registration of a WELS product, see section 69 of the Act.
16 Reviewable decisions
(1) If a person making an application for registration requests the waiver or refund of the application fee under subsection 11(1), a decision by the Regulator to refuse to waive or refund the application fee is a reviewable decision for the purposes of Part 11 of the Act.
(2) The applicant is the affected person for the purposes of Part 11 of the Act.
Part 3—Register of WELS products
17 Register of WELS products
(1) The Regulator must keep a register of WELS products.
(2) The Register must be maintained by electronic means.
(3) The Register must be made available for inspection on the Regulator’s website.
18 Correction of Register
The Regulator may alter the Register to correct a clerical error or obvious defect in the Register.
19 Change of registrant
Request by current registrant
(1) The registrant for a registered WELS product may make a request in writing to the Regulator for another person (the transferee) to become the registrant.
(2) The Regulator may accept the transferee as the registrant if the Regulator is satisfied that the transferee has agreed to become the registrant.
Request by transferee
(3) A person (the transferee) may make a request in writing to the Regulator to become the registrant for a registered WELS product.
(4) The Regulator may accept the transferee as the registrant if:
(a) the Regulator is satisfied that the current registrant has agreed to the transferee becoming the registrant; or
(b) the Regulator is satisfied that accepting the transferee as the registrant would allow the proper administration of the Act.