New South Wales Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


WATER EFFICIENCY LABELLING AND STANDARDS (NEW SOUTH WALES) BILL 2005





                        New South Wales




Water Efficiency Labelling and
Standards (New South Wales) Bill 2005


Contents

                                                                          Page
Part 1   Preliminary
          1   Name of Act                                                   2
          2   Commencement                                                  2
          3   Object of Act                                                 2
          4   Definitions                                                   2

Part 2   The applied provisions
          5   Application of Commonwealth water efficiency laws to this
              State                                                         4
          6   Modification of Commonwealth water efficiency laws            4
          7   Interpretation of Commonwealth water efficiency laws          4
Water Efficiency Labelling and Standards (New South Wales) Bill 2005

Contents

                                                                              Page
Part 3       Functions and powers under applied provisions
               8    Functions and powers of Commonwealth Regulator and
                    other authorities and officers                                5
               9    Delegations by the Commonwealth Regulator                     5

Part 4       Offences
              10    Object of this Part                                           6
              11    Application of Commonwealth criminal laws to offences
                    against applied provisions                                   6
              12    Functions and powers conferred on Commonwealth officers
                    and authorities relating to offences                          7
              13    No double jeopardy for offences against applied provisions    7

Part 5       Administrative laws
              14    Application of Commonwealth administrative laws to applied
                    provisions                                                 8
              15    Functions and powers conferred on Commonwealth officers
                    and authorities                                            8

Part 6       Miscellaneous
              16    Act to bind Crown                                             9
              17    Things done for multiple purposes                             9
              18    Reference in Commonwealth law to a provision of another
                    law                                                           9
              19    Fees and other money                                          9
              20    Regulations                                                   9
              21    Amendment of Acts                                             9

 Schedule 1         Amendment of Acts                                            10




Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.


                                               Clerk of the Legislative Assembly.
                                               Legislative Assembly,
                                               Sydney,                     , 2005




                            New South Wales




Water Efficiency Labelling and
Standards (New South Wales) Bill 2005
Act No      , 2005




An Act to apply the Water Efficiency Labelling and Standards Act 2005 of the
Commonwealth as a law of this State; and for other purposes.




I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.


                          Chairman of Committees of the Legislative Assembly.
Clause 1          Water Efficiency Labelling and Standards (New South Wales) Bill 2005

Part 1            Preliminary




The Legislature of New South Wales enacts:

Part 1         Preliminary
  1      Name of Act
               This Act is the Water Efficiency Labelling and Standards (New South
               Wales) Act 2005.
  2      Commencement
               This Act commences on a day or days to be appointed by proclamation.
  3      Object of Act
         (1)   The object of this Act is to adopt in this State a uniform Australian
               approach to the regulation of water efficiency labelling and standards.
         (2)   For that purpose, this Act:
               (a) applies the Water Efficiency Labelling and Standards Act 2005 of
                     the Commonwealth as a law of this State, and
               (b) makes provision to help ensure that the Commonwealth Act and
                     the applied law of this State are administered on a uniform basis
                     by the Commonwealth as if they constituted a single law of the
                     Commonwealth.
  4      Definitions
         (1)   In this Act:
               applied provisions means the Commonwealth water efficiency laws
               that apply as a law of this State because of section 5, including any
               modification under section 6.
               Commonwealth administrative laws means the following Acts and
               regulations of the Commonwealth:
                (a) the Administrative Appeals Tribunal Act 1975 (excluding Part
                      IVA),
               (b) the Freedom of Information Act 1982,
                (c) the Ombudsman Act 1976,
               (d) the Privacy Act 1988,
                (e) the regulations in force under any of those Acts.
               Commonwealth Regulator means the WELS Regulator appointed
               under the Water Efficiency Labelling and Standards Act 2005 of the
               Commonwealth.




Page 2
Water Efficiency Labelling and Standards (New South Wales) Bill 2005    Clause 4

Preliminary                                                             Part 1




              Commonwealth water efficiency laws means:
               (a) the Water Efficiency Labelling and Standards Act 2005 of the
                    Commonwealth, and
              (b) all regulations, guidelines, principles, standards and codes of
                    practice in force under that Act.
              function includes duty.
              modifications includes additions, omissions and substitutions.
       (2)    If an expression is defined in the Water Efficiency Labelling and
              Standards Act 2005 of the Commonwealth and is also used in this Act,
              the expression as used in this Act has, unless the contrary intention
              appears, the same meaning as in that Act.
       (3)    In this Act, a reference to a Commonwealth Act includes a reference to:
               (a) that Commonwealth Act, as amended and in force for the time
                     being, and
              (b) an Act enacted in substitution for that Act and, if it is amended,
                     as amended and in force for the time being.




                                                                             Page 3
Clause 5          Water Efficiency Labelling and Standards (New South Wales) Bill 2005

Part 2            The applied provisions




Part 2         The applied provisions
  5      Application of Commonwealth water efficiency laws to this State
         (1)   The Commonwealth water efficiency laws, as in force for the time being
               and as modified by or under this Act, apply as a law of this State.
         (2)   Those Commonwealth water efficiency laws so apply as if they
               extended to matters in relation to which this State may make laws:
               (a) whether or not the Commonwealth may make laws in relation to
                     those matters, and
               (b) even though the Commonwealth water efficiency laws provide
                     that they apply only to specified matters with respect to which the
                     Commonwealth may make laws.
  6      Modification of Commonwealth water efficiency laws
         (1)   The regulations under this Act may also modify the Commonwealth
               water efficiency laws for the purposes of this Act.
         (2)   Without limiting subsection (1), the regulations may provide that the
               Commonwealth water efficiency laws apply under section 5 (1) as if an
               amendment to the Commonwealth water efficiency laws:
               (a) made by a law of the Commonwealth, and
               (b) specified in the regulations,
               had not taken effect.
  7      Interpretation of Commonwealth water efficiency laws
         (1)   The Acts Interpretation Act 1901 of the Commonwealth applies as a law
               of this State in relation to the interpretation of the applied provisions.
               That Act so applies as if the applied provisions were a Commonwealth
               Act or were regulations or other instruments under a Commonwealth
               Act, as the case requires.
         (2)   The Interpretation Act 1987 of New South Wales does not apply to the
               applied provisions.




Page 4
Water Efficiency Labelling and Standards (New South Wales) Bill 2005   Clause 8

Functions and powers under applied provisions                          Part 3




Part 3       Functions and powers under applied
             provisions
  8   Functions and powers of Commonwealth Regulator and other
      authorities and officers
             The Commonwealth Regulator and other authorities and officers
             referred to in the applied provisions have the same functions and powers
             under the applied provisions as they have under the Commonwealth
             water efficiency laws, as those laws apply to the Commonwealth.
  9   Delegations by the Commonwealth Regulator
             Any delegation by the Commonwealth Regulator under the Water
             Efficiency Labelling and Standards Act 2005 of the Commonwealth is
             taken to extend to, and have effect for the purposes of, the
             corresponding provision of the applied provisions.




                                                                             Page 5
Clause 10         Water Efficiency Labelling and Standards (New South Wales) Bill 2005

Part 4            Offences




Part 4         Offences
10       Object of this Part
         (1)   The object of this Part is to further the object of this Act by providing
               for an offence against the applied provisions to be treated as if it were
               an offence against a law of the Commonwealth.
         (2)   The purposes for which an offence is to be treated as mentioned           in
               subsection (1) include, for example (but are not limited to):
               (a) the investigation and prosecution of offences, and
               (b) the arrest, custody, bail, trial and conviction of offenders          or
                     persons charged with offences, and
               (c) proceedings relating to a matter referred to in paragraph (a)         or
                     (b), and
               (d) appeals and reviews relating to criminal proceedings and              to
                     proceedings of the kind referred to in paragraph (c), and
               (e) the sentencing, punishment and release of persons convicted           of
                     offences, and
                (f) fines, penalties and forfeitures, and
               (g) liability to make reparation in connection with offences, and
               (h) proceeds of crime, and
                (i) spent convictions.
11       Application of Commonwealth criminal laws to offences against applied
         provisions
         (1)   The relevant Commonwealth laws apply as laws of this State in relation
               to an offence against the applied provisions as if those provisions were
               a law of the Commonwealth and not a law of this State.
         (2)   For the purposes of a law of this State, an offence against the applied
               provisions:
               (a) is taken to be an offence against the laws of the Commonwealth,
                     in the same way as if those provisions were a law of the
                     Commonwealth, and
               (b) is taken not to be an offence against the laws of this State.
         (3)   Subsection (2) has effect for the purposes of a law of this State except
               as provided by the regulations under this Act.




Page 6
Water Efficiency Labelling and Standards (New South Wales) Bill 2005      Clause 12

Offences                                                                  Part 4



12    Functions and powers conferred on Commonwealth officers and
      authorities relating to offences
       (1)   A Commonwealth law applying because of section 11 that confers on a
             Commonwealth officer or authority a function or power in relation to an
             offence against the Commonwealth water efficiency laws also confers
             on the officer or authority the same function or power in relation to an
             offence against the corresponding provision of the applied provisions.
       (2)   In performing a function or exercising a power conferred by this
             section, the Commonwealth officer or authority must act as nearly as
             practicable as the officer or authority would act in performing or
             exercising the same function or power in relation to an offence against
             the corresponding provision of the Commonwealth water efficiency
             laws.
13    No double jeopardy for offences against applied provisions
             If:
              (a)   an act or omission is an offence against both the applied
                    provisions and an offence against the Commonwealth water
                    efficiency laws, and
             (b) the offender has been punished for that offence under those
                    Commonwealth laws,
             the offender is not liable to be punished for the offence under the applied
             provisions.




                                                                               Page 7
Clause 14         Water Efficiency Labelling and Standards (New South Wales) Bill 2005

Part 5            Administrative laws




Part 5         Administrative laws
14       Application of Commonwealth administrative laws to applied provisions
         (1)   The Commonwealth administrative laws apply as laws of this State to
               any matter arising in relation to the applied provisions as if those
               provisions were a law of the Commonwealth and not a law of this State.
         (2)   For the purposes of a law of this State, a matter arising in relation to the
               applied provisions:
               (a) is taken to be a matter arising in relation to laws of the
                     Commonwealth in the same way as if those provisions were a law
                     of the Commonwealth, and
               (b) is taken not to be a matter arising in relation to laws of this State.
         (3)   Subsection (2) has effect for the purposes of a law of this State except
               as provided by the regulations under this Act.
         (4)   Any provision of a Commonwealth administrative law applying
               because of this section that purports to confer jurisdiction on a federal
               court is taken not to have that effect.
         (5)   For the purposes of this section, a reference in a provision of the
               Administrative Appeals Tribunal Act 1975 of the Commonwealth (as
               that provision applies as a law of this jurisdiction) to the whole or any
               part of Part IVA of that Act is taken to be a reference to the whole or
               any part of that Part as it has effect as a law of the Commonwealth.
15       Functions and powers conferred on Commonwealth officers and
         authorities
         (1)   A Commonwealth administrative law applying because of section 14
               that confers on a Commonwealth officer or authority a function or
               power also confers on the officer or authority the same function or
               power in relation to a matter arising in relation to the applied provisions.
         (2)   In performing a function or exercising a power conferred by this
               section, the Commonwealth officer or authority must act as nearly as
               practicable as the officer or authority would act in performing or
               exercising the same function or power under the Commonwealth
               administrative law.




Page 8
Water Efficiency Labelling and Standards (New South Wales) Bill 2005      Clause 16

Miscellaneous                                                             Part 6




Part 6       Miscellaneous
16    Act to bind Crown
             This Act binds the Crown in right of New South Wales and, in so far as
             the legislative power of Parliament permits, the Crown in all its other
             capacities.
17    Things done for multiple purposes
             The validity of a licence, certificate or other thing issued, given or done
             for the purposes of the applied provisions is not affected only because it
             was issued, given or done also for the purposes of the Commonwealth
             water efficiency laws.
18    Reference in Commonwealth law to a provision of another law
             For the purposes of sections 11 and 14, a reference in a Commonwealth
             law to a provision of that or another Commonwealth law is taken to be
             a reference to that provision as applying because of those sections.
19    Fees and other money
             All fees, penalties, fines and other money that, under this Act and the
             applied provisions, are authorised or directed to be payable by or
             imposed on any person (but not including an amount ordered to be
             refunded to another person) must be paid to the Commonwealth.
20    Regulations
             The Governor may make regulations, not inconsistent with this Act, for
             or with respect to any matter that by this Act is required or permitted to
             be prescribed or that is necessary or convenient to be prescribed for
             carrying out or giving effect to this Act.
21    Amendment of Acts
             Each Act specified in Schedule 1 is amended as set out in that Schedule.




                                                                               Page 9
                Water Efficiency Labelling and Standards (New South Wales) Bill 2005


Schedule 1      Amendment of Acts




Schedule 1             Amendment of Acts
                                                                            (Section 21)

1.1 Co-operative Schemes (Administrative Actions) Act 2001
    No 45
[1]   Section 3 Definitions
      Omit "section 4 (1)" from paragraph (a) of the definition of commencement
      time.
      Insert instead "section 4 (1) (a)".
[2]   Section 3, definition of "commencement time"
      Insert after paragraph (a):
                   (a1) in relation to the Water Efficiency Labelling and Standards
                          (New South Wales) Act 2005--the time when section 4 (1)
                          (a1) commences, or
[3]   Section 4 Co-operative schemes to which this Act applies--relevant
      State Acts
      Insert after section 4 (1) (a):
                    (a1) the Water Efficiency Labelling and Standards (New South
                           Wales) Act 2005, and

1.2 Federal Courts (State Jurisdiction) Act 1999 No 22
      Section 3 Definitions
      Insert after paragraph (h2) of the definition of relevant State Act:
                   (h3) Water Efficiency Labelling and Standards (New South
                          Wales) Act 2005




Page 10


 


[Index] [Search] [Download] [Related Items] [Help]