Commonwealth Consolidated Acts

WATER EFFICIENCY LABELLING AND STANDARDS ACT 2005 - SECT 26

  (1)   The Commonwealth Minister must, by legislative instrument, formulate a scheme relating to the registration of WELS products.

  (2)   Without limiting subsection   (1), the scheme may make provision for, or in relation to, any of the following:

  (a)   applications for registration of WELS products (including renewal of registration);

  (b)   the information or documents to be provided with applications for registration (including verification by statutory declaration of the information);

  (c)   the fees (other than fees imposed by the Water Efficiency Labelling and Standards (Registration Fees) Act 2013 ) to be paid in connection with applications for registration, including methods for working out such fees and the circumstances in which fees may be waived or refunded (either in whole or in part);

  (d)   the grounds for approving or refusing applications for registration;

  (e)   the period of registration;

  (f)   the requirements to be met in order for WELS products to remain registered;

  (g)   the consequences for the registration of a product if a WELS standard for the product is varied or replaced;

  (h)   the suspension and cancellation of registration;

  (i)   the creation, maintenance and publication of a register of WELS products;

  (j)   the review of decisions made by the Regulator under the scheme;

  (k)   other matters in connection with the registration of WELS products.

  (3)   Without limiting subsection   33(3A) of the Acts Interpretation Act 1901 , the scheme may make different provision in relation to:

  (a)   different kinds of WELS products; or

  (b)   different kinds of applications; or

  (c)   different kinds of registrations; or

  (d)   different circumstances.

  (4)   Before formulating a scheme under subsection   (1), the Commonwealth Minister must have agreement to the terms of the scheme from a majority of the participating States and Territories.

  (5)   Subsection   (4) does not apply to a variation of the scheme to remove an ambiguity or uncertainty, or to correct an error.

  (6)   Subsection   (5) does not, by implication, limit the application of subsection   33(3) of the Acts Interpretation Act 1901 in relation to the instrument.

  (7)   Despite subsection   44(1) of the Legislation Act 2003 , section   42 (disallowance) of that Act applies to the instrument.

Note:   Part   4 of Chapter   3 (sunsetting) of the Legislation Act 2003 does not apply to the scheme (see subsection   54(1) of that Act).

Registration fees

  (8)   The scheme formulated under subsection   (1) may require or permit the Regulator to do any of the following:

  (a)   refuse, or refuse to consider, a registration application within the meaning of the Water Efficiency Labelling and Standards (Registration Fees) Act 2013 if a fee imposed by that Act is not paid, or is not paid within a period specified in the scheme;

  (b)   waive or refund, in whole or in part, a fee imposed by the Water Efficiency Labelling and Standards (Registration Fees) Act 2013 .

Note:   The Water Efficiency Labelling and Standards (Registration Fees) Act 2013 imposes fees for registration applications as taxes.

  (9)   A provision of the scheme formulated under subsection   (1) for the purposes of subsection   (8) has effect despite anything else in this Act (other than Part   11) or a corresponding State - Territory law.