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

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to give effect in this State to a nationally consistent Water
Efficiency Labelling and Standards scheme.

For that purpose, the Bill:

(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.

Outline of provisions

Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Clause 3 states the object of the proposed Act (which is principally to adopt in this
State a uniform Australian approach to the regulation of water efficiency labelling
and standards).

Clause 4 defines certain words and expressions used in the proposed Act.

Part 2 The applied provisions
Clause 5 applies the Commonwealth water efficiency laws (which are defined in
clause 4 as the Water Efficiency Labelling and Standards Act 2005 of the
Commonwealth and all regulations, guidelines, principles, standards and codes of
practice in force under that Act) as a law of this State.

In addition, the clause provides that the Commonwealth water efficiency laws so
apply as if they extended to matters in relation to which this State may make laws,
whether or not the Commonwealth may make laws in relation to those matters.

Clause 6 provides that the regulations under the proposed Act may modify the
Commonwealth water efficiency laws. The regulations may also provide that the
Commonwealth water efficiency laws apply under clause 5 (1) as if amendments
made to the laws had not taken effect.

Clause 7 applies the Acts Interpretation Act 1901 of the Commonwealth as a law of
this State in relation to the interpretation of the applied provisions (which are defined
in clause 4 as the Commonwealth water efficiency laws that apply as a law of this
State because of clause 5).

In addition, the clause provides that the Interpretation Act 1987 of New South Wales
does not apply to the applied provisions.

Part 3 Functions and powers under applied
provisions
Clause 8 provides that the Scheme Regulator appointed under the Commonwealth
Water Efficiency Labelling and Standards Act 2005 (referred to in the proposed Act
as the Commonwealth Regulator) and other authorities and officers have the same
functions and powers under the applied provisions as they have under the
Commonwealth water efficiency laws.

Clause 9 provides that any delegation by the Commonwealth Regulator under the
Commonwealth Water Efficiency Labelling and Standards Act 2005 is taken to have
effect for the purposes of the corresponding provision of the applied provisions.

Part 4 Offences
Clause 10 states that the object of Part 4 of the proposed Act is to further the Act’s
object by providing for an offence against the applied provisions to be treated as if it
were an offence against a law of the Commonwealth. In addition, the clause gives
examples of the purposes for which an offence is to be so treated.

Clause 11 applies the relevant Commonwealth laws as laws of this State in relation
to an offence against the applied provisions as if those provisions were a law of the
Commonwealth.

In addition, the clause provides that, except as provided by the regulations under the
proposed Act, an offence against the applied provisions is taken to be an offence
against the laws of the Commonwealth and not an offence against the laws of this
State.

Clause 12 provides that a function or power in relation to an offence against the
Commonwealth water efficiency laws conferred on a Commonwealth officer or
authority by Commonwealth laws applying because of clause 11 is also conferred on
the officer or authority in relation to an offence against the corresponding provision
of the applied provisions.

Clause 13 provides that a person is not liable to be punished for an offence under the
applied provisions if the person has been punished for the same offence under the
Commonwealth water efficiency laws.

Part 5 Administrative laws
Clause 14 applies the Commonwealth administrative laws (which are defined in
clause 4) as laws of this State to any matter arising in relation to the applied
provisions, except as provided by the regulations under the proposed Act.

The clause further provides that a matter arising in relation to the applied provisions
is taken to be a matter arising in relation to the laws of the Commonwealth, not this
State.

In addition, the clause provides that any provision of a Commonwealth
administrative law applying because of this clause that purports to confer jurisdiction
on a federal court is taken not to have that effect. This is consistent with the High
Court decision in Wakim’s case (Re Wakim; Ex parte McNally (1999) 198 CLR 511)
that a State law cannot confer jurisdiction on the Federal Court.

Clause 15 provides that a function or power conferred on a Commonwealth officer
or authority by a Commonwealth administrative law applying because of clause 14
is also conferred on the officer or authority in relation to a matter arising in relation
to the applied provisions.

Part 6 Miscellaneous
Clause 16 provides that the proposed Act binds the Crown.

Clause 17 provides that 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.

Clause 18 provides that a reference in a Commonwealth law to any provision of a
Commonwealth law is taken, for the purposes of clauses 11 and 14, to be a reference
to that provision as applying because of those clauses.

Clause 19 requires all money payable under the proposed Act and the applied
provisions to be paid to the Commonwealth.

Clause 20 empowers the Governor to make regulations for carrying out or giving
effect to the proposed Act.

Clause 21 is a formal provision that gives effect to the amendments to the Acts set
out in Schedule 1.

Schedule 1 Amendment of Acts
Schedule 1.1 extends the definition of relevant State Act in section 4 of the
Co-operative Schemes (Administrative Actions) Act 2001 of New South Wales to
include the proposed Act. In particular, the amendment will enable that Act to be read
down so as to exclude any provisions relating to the conferral of duties on
Commonwealth authorities and officers that may be found to exceed the legislative
authority of the State.

Schedule 1.2 extends the definition of relevant State Act in section 3 of the Federal
Courts (State Jurisdiction) Act 1999 of New South Wales to include the proposed
Act. In particular, the amendment will enable regulations to be made under section
16 (2) of that Act to make modifications to the administration and enforcement of the
applied Commonwealth laws as a consequence of any future decisions of the High
Court with respect to the conferral of functions on Commonwealth officials in
connection with co-operative Commonwealth/State legislative arrangements.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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