Western Australian Consolidated Acts

WATER EFFICIENCY LABELLING AND STANDARDS ACT 2006 - SECT 7

7 .         Definitions

        (1)         In this Act —

        AAT means the Administrative Appeals Tribunal established by the AAT Act;

        AAT Act means the Administrative Appeals Tribunal Act 1975 of the Commonwealth;

        affected person has the meaning given to that term in section 69(2) and (3);

        agency  —

            (a)         in relation to the Commonwealth, includes the following —

                  (i)         an Agency within the meaning of the Financial Management and Accountability Act 1997 of the Commonwealth;

                  (ii)         a body corporate established for a public purpose under a law of the Commonwealth;

                and

            (b)         in relation to this or another 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 to that term in section 32;

        Commonwealth Act means the Water Efficiency Labelling and Standards Act 2004 of the Commonwealth;

        Commonwealth Minister has the meaning given to that term in the Commonwealth Act;

        corresponding law has the meaning given to that term in section 12;

        damage , in relation to data, includes damage by erasure of data or addition of other data;

        evidential material means any thing that may be relevant to the investigation or prosecution of an offence against this Act;

        occupier , in relation to premises, includes a person who apparently represents the occupier of the premises;

        person who has WELS information has the meaning given to that term in section 60;

        registered means registered under a WELS standard;

        Regulator means the Regulator established by the Commonwealth Act section 21;

        reviewable decision has the meaning given to that term in section 69(1);

        supply means —

            (a)         supply for consideration; or

            (b)         offer to supply for consideration;

        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 the Commonwealth Act section 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 section 45(1);

        WELS labelled has the meaning given to that term in section 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 to that term in the Commonwealth Act section 18(1);

        WELS scheme means the water efficiency labelling and standards scheme established by this Act and corresponding laws;

        WELS standard , in relation to a WELS product, means the WELS standard set out for the product in the determination under the Commonwealth Act section 18(1).

        (2)         A reference in this Act to the Commonwealth Act or to a corresponding State-Territory law within the meaning of the Commonwealth Act is a reference to that Act or law —

            (a)         as amended and in force for the time being; and

            (b)         as re-enacted (and, if subsequently amended, as amended) and in force for the time being.

        (3)         In this Act a fine expressed as a number of penalty units is a fine of the amount calculated in accordance with the following formula —