1 Name
of Determination
This Determination is the Water Efficiency Labelling and Standards Determination 2011.
2 Commencement
This Determination commences on 1 November 2011.
3 Repeal
The Water Efficiency Labelling and Standards
Determination 2007 is repealed.
4 Definitions
In this Determination:
Act means the Water Efficiency Labelling
and Standards Act 2005.
AS/NZS 6400 means Australian/New Zealand
Standard AS/NZS 6400:2005 Water efficient products — Rating and labelling,
as in force immediately before the commencement of this Determination.
Note AS/NZS 6400, as in force at that time,
incorporates amendments No. 1, 2, 3, 4 and 5.
clothes washing machine includes a clothes
washing machine that has a clothes drying function.
Plumbing Code means the document entitled National
Construction Code Series, Volume Three, Plumbing Code of Australia 2011,
published by the Australian Building Codes Board, as in force from time to time.
set of minor products means 2 or more
products that are declared to be a set of minor products under section 12.
WELS standard has the meaning given by
section 6.
5 Determination
of WELS products
For subsection 18 (1) of the Act, a water‑use
or water‑saving product of any of the following kinds is a WELS product if the
WELS standard applies to it:
(a) showers;
(b) dishwashers;
(c) clothes washing machines;
(d) lavatory equipment;
(e) urinal equipment;
(f) tap equipment;
(g) flow controllers.
6 WELS
standard
For subsection 18 (2) of the Act, the WELS
standard for the products mentioned in section 5 of this Determination
consists of:
(a) AS/NZS 6400, apart from clauses C.3 to
C.6 in Appendix C; and
(b) the requirements mentioned in section 7.
7 WELS
standard requirements
(1) For subsection 19 (2) of the Act, a product
mentioned in paragraphs 5 (a) to (f) of this Determination must be
registered for supply as a new product for any purpose.
(2) For subsection 19 (3A) of the Act, a product
mentioned in paragraph 5 (a), (d), (e), (f) or (g) of this
Determination that may be used or installed in a plumbing installation must
comply with section G of the Plumbing Code.
(3) For subsection 19 (4) of the Act, a product
mentioned in section 5 of this Determination that is registered must be WELS
labelled for supply as a new product for any purpose.
(4) For subsection 19 (3A) of the Act and despite
subsection (2) of this section, until 1 November 2013 a product mentioned
in paragraph 5 (a), (d), (e), (f) or (g) that may be used or
installed in a plumbing installation may comply with section 2.2 of Part 1 of AS/NZS 3500
instead of complying with section G of the Plumbing Code.
(5) In this section:
AS/NZS 3500 means Australian/New Zealand
Standard AS/NZS 3500:2003 Plumbing and drainage, as in force from time to
time.
(6) Subsections (4) and (5), and this subsection, expire
on 2 November 2013.
8 Application
for registration
(1) For subsection 27 (1) of the Act, an
application for registration must be made in the manner and form mentioned in
section 4 in, and Appendix A to, AS/NZS 6400.
(2) For paragraph 27 (1) (a) of the Act,
the documentation for the application is that mentioned in clause 4.4 in
AS/NZS 6400.
9 Conditions
for product to remain registered
For subsection 27 (2) of the Act, clauses 4.5,
4.6 and 4.7 in AS/NZS 6400 specify the conditions that must be complied
with in order for a WELS product to remain registered.
10 Registration
fee
(1) For paragraph 27 (1) (b) of the Act, a
fee of $1 500 is payable for an application for the registration of:
(a) a WELS product; or
(b) 2 or more WELS products of the same family of
models; or
(c) a set of minor products.
(2) For paragraph (1) (b), WELS products are of
the same family of models if each product:
(a) is in the same category; and
(b) has the same:
(i) manufacturer; and
(ii) brand name; and
(iii) water efficiency rating; and
(iv) performance; and
(c) has the same physical characteristics (that
is, characteristics that could affect the water efficiency or performance of
the product, and do not affect only its appearance).
11 Further
registration
(1) This section applies to a WELS product if:
(a) immediately before this Determination
commenced, the product had more than one year remaining before its registration
was to end; and
(b) for a clothes washing machine — the
product meets the requirements mentioned in paragraph (4) (a) or (b).
(2) For subsection 30 (3) of the Act, the period of
one year mentioned in paragraph 30 (2) (d) of the Act is extended to
the end of 5 years beginning on the day the product was registered.
(3) The period is extended to allow the WELS product to
remain registered as if the previous WELS standard, determined in the Water
Efficiency Labelling and Standards Determination 2007, was still in force.
(4) For paragraph (1) (b), the requirements
are that the clothes washing machine:
(a) has a load capacity of 5 kg or more and
has a water efficiency star rating of at least 3 stars; or
(b) has a load capacity under 5 kg and has a
water efficiency star rating of at least 2.5 stars.
Note A washing machine that is registered
on 31 October 2011, the day before this Determination commences, and that
does not meet the requirements in subsection (4), remains registered for a
year after 1 November 2011 (see subsection 30 (2) of the
Act).
12 Minor
products
On application by a manufacturer of WELS products,
the WELS Regulator must declare 2 or more products of the manufacturer to be a
set of minor products if:
(a) each product has the same brand name; and
(b) the manufacturer submits evidence to the
Regulator showing that fewer than 100 of each of the products are expected to
be sold each year.
Note A person who is not the manufacturer
of a WELS product may be taken to be the manufacturer: see subsection
26 (2) of the Act and regulation 5 of the Water Efficiency Labelling
and Standards Regulations 2005.