Federal Register of Legislation - Australian Government

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Determinations/Other as made
This determination amends the Water Efficiency Labelling and Standards Determination 2013 (No. 2) to incorporate a new standard and modify existing standards.
Administered by: Agriculture and Water Resources
Exempt from sunsetting by the Legislation Act 2003 s 54(1)
Registered 17 Aug 2016
Tabling HistoryDate
Tabled HR30-Aug-2016
Tabled Senate30-Aug-2016
Date of repeal 19 Aug 2016
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

 

Water Efficiency Labelling and Standards Amendment (WELS Standard) Determination 2016

 

I, Barnaby Joyce, Deputy Prime Minister and Minister for Agriculture and Water Resources, make the following determination.

Dated   15 August 2016

Barnaby Joyce

Deputy Prime Minister and Minister for Agriculture and Water Resources

 

 

 

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Water Efficiency Labelling and Standards Determination 2013 (No. 2)                                   2

 


1  Name

                   This is the Water Efficiency Labelling and Standards Amendment (WELS Standard) Determination 2016.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

18 Aug 2016

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under sections 18, 19 and 26 of the Water Efficiency Labelling and Standards Act 2005.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Water Efficiency Labelling and Standards Determination 2013 (No. 2)

1  Section 5

Insert:

AS 3662 means Australian Standard AS 3662:2013 Performance of showers for bathing, as in force on 1 July 2016 and as modified by subsection 5B(2).

AS/NZS 6400:2016 means Australian/New Zealand Standard AS/NZS 6400:2016 Water efficient products—Rating and labelling published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as in force on 1 July 2016 and as modified by subsection 5B(1).

registered low flow shower has the meaning given by subsection 7(6).

2  At the end of Part 1

Add:

5B  Modifications of AS/NZS 6400:2016 and AS 3662

             (1)  For the purposes of this determination, AS/NZS 6400:2016 applies as if the following were added at the end of Note 1 to Table 3.1:

                            The tests in Appendix H (Determination of Nominal Spray Force) and Appendix I (Determination of Spray Coverage) to AS 3662 are approved tests for high pressure showers in flow rate Range F.

             (2)  For the purposes of this determination, AS 3662 applies as if:

                     (a)  in the Foreword the words “more than 6 L/min and less than 7.5 L/min” (wherever occurring) were replaced with “more than 4.5 L/min and less than 7.5 L/min”; and

                     (b)  in Table A2 in Appendix A the words “more than 6.0 but not more than 7.5 L/min” were replaced with “more than 4.5 but not more than 7.5 L/min”.

3  Section 7

Repeal the section, substitute:

7  WELS standard

             (1)  This section sets out the WELS standard for the products mentioned in section 6.

             (2)  The WELS standard for a product consists of:

                     (a)  the performance, testing and labelling requirements set out in AS/NZS 6400:2016; and

                     (b)  the requirements mentioned in section 8.

             (3)  Despite subsection (2), if:

                     (a)  a product is a registered low flow shower; and

                     (b)  an election has not been made under subsection (4) in relation to the product;

the WELS standard for the product consists of:

                     (c)  the performance, testing and labelling requirements set out in AS/NZS 6400; and

                     (d)  the requirements mentioned in section 8.

             (4)  The registrant for a registered low flow shower may elect by notice in writing to the Regulator that the WELS standard set out in subsection (2) apply to the product.

             (5)  The election must be made in a form approved by the Regulator.

             (6)  A registered low flow shower is a WELS product that:

                     (a)  is a high pressure shower with a nominal flow rate of more than 4.5 L/min and not more than 7.5 L/min, determined in accordance with AS 3662; and

                     (b)  on 13 September 2016, was registered; and

                     (c)  has not ceased to be registered since that date.

             (7)  Subsections (3), (4), (5) and (6) cease to be in force on 1 July 2020.