Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn 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.