Water Efficiency Labelling and Standards Act 2005 (Cth)

Water Efficiency Labelling and Standards Act 2005 No. 4, 2005 Compilation No. 13 Compilation date: 14 October 2024 Includes amendments: Act No. 39, 2024 About this compilation This compilation This is a compilation of the Water Efficiency Labelling and Standards Act 2005 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Objects of Act 4 Act to bind the Crown 5 External Territories Part 2—Interpretation 6 Application of the Criminal Code 7 Definitions 7A Meaning of supply Part 3—National WELS scheme 8 WELS scheme to be a national cooperative scheme 9 Application of this Act 10 Relationship between this Act and other Commonwealth laws 11 State and Territory laws may operate concurrently 12 Meaning of corresponding State‑Territory law 13 Commonwealth consent to conferral of functions etc. on the Regulator or inspectors by corresponding State‑Territory laws 14 How duty is imposed by corresponding State‑Territory laws 15 When a corresponding State‑Territory law imposes a duty 16 No doubling‑up of liabilities 17 Review of decisions under corresponding State‑Territory laws Part 4—WELS products and WELS standards 18 WELS products 19 WELS standards 20 Meaning of WELS‑labelled Part 5—The WELS Regulator 21 The Regulator 22 Functions of the Regulator 23 Powers of the Regulator 24 Arrangements with other agencies 25 Delegation Part 6—Registration of WELS products 26 Registration of WELS products Part 7—Offences and civil penalties relating to the WELS scheme Division 1—Applicable WELS standards 32 Meaning of applicable WELS standard Division 2—Registration and labelling 32A False or misleading information or documents 33 Supply of unregistered WELS products 34 Supply of WELS products that are not WELS‑labelled Division 3—Minimum efficiency and performance requirements 35 Minimum water efficiency 36 Minimum general performance Division 4—Misuse of WELS standards etc. 37 Misuse of WELS standards and information 37A WELS‑labelling products that are not WELS products 38 Information inconsistent with WELS standards 39 Using information in the supply of products Part 8—Other enforcement Division 1—Infringement notices 40 Infringement notices Division 2—Publicising offences 41 Regulator may publicise offences Division 3—Enforceable undertakings 42 Acceptance of undertakings 43 Enforcement of undertakings Division 3A—Compliance audits 43A Compliance audits Division 3B—Remedial action 43B Remedial action Division 4—Injunctions 44 Injunctions Part 8A—Civil penalty orders Division 1—Obtaining a civil penalty order 44A Civil penalty orders 44B Civil enforcement of penalty 44C Conduct contravening more than one civil penalty provision 44D Multiple contraventions 44E Proceedings may be heard together 44F Civil evidence and procedure rules for civil penalty orders 44G Contravening a civil penalty provision is not an offence Division 2—Civil proceedings and criminal proceedings 44H Civil proceedings after criminal proceedings 44J Criminal proceedings during civil proceedings 44K Criminal proceedings after civil proceedings 44L Evidence given in civil proceedings not admissible in criminal proceedings Division 3—Miscellaneous 44M Ancillary contravention of civil penalty provisions 44N Continuing contraventions of civil penalty provisions 44P Mistake of fact 44Q State of mind Part 9—WELS inspectors Division 1—Appointment of WELS inspectors 45 Regulator may appoint WELS inspectors 46 Identity cards Division 2—Powers of WELS inspectors 47 Purposes for which powers can be used 48 Inspection powers—public areas of WELS business premises 49 Inspection powers—with consent 50 Refusing consent is not an offence 51 Inspection powers—with warrant 52 Announcement before entry under warrant 53 Copy of warrant to be given to occupier 54 Occupier must provide inspector with facilities and assistance 55 Seizing or securing evidential material 56 Holding evidential material for more than 90 days 57 Returning evidential material Division 3—Applying for warrants to enter WELS premises 58 Ordinary warrants 59 Warrants by telephone, fax etc. Division 4—Giving WELS information to WELS inspectors 60 Meaning of person who has WELS information 61 Regulator may require a person to provide information 62 Regulator may require a person to appear before a WELS inspector Division 5—Privilege against self‑incrimination 63 Privilege against self‑incrimination not affected Part 10—Money Division 1—The WELS Account 64 WELS Account 65 Credits to the WELS Account 66 Purpose of the WELS Account Division 2—Charging fees etc. 67 Regulator may charge for services 68 Recovery of amounts Part 11—Review of decisions 69 Meaning of reviewable decision and affected person 70 Notification of decisions and review rights 71 Internal review 72 Review of decisions by Administrative Review Tribunal Part 12—Miscellaneous 73 Compensation for damage to electronic equipment 74 Compensation for acquisition of property 75 Annual report 76 Review of operation of WELS scheme 77 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to provide for water efficiency labelling and the making of water efficiency standards, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Water Efficiency Labelling and Standards Act 2005. 2 Commencement (1) Each provision of this Act 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 Provision(s) Commencement Date/Details 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 18 February 2005 2. Sections 3 to 77 The 28th day after the day on which this Act receives the Royal Assent. 18 March 2005 Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Objects of Act The objects of this Act are as follows: (a) to conserve water supplies by reducing water consumption; (b) to provide information for purchasers of water‑use and water‑saving products; (c) to promote the adoption of efficient and effective water‑use and water‑saving technologies. 4 Act to bind the Crown (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. 5 External Territories This Act extends to every external Territory. Part 2—Interpretation 6 Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 7 Definitions In this Act, unless the contrary intention appears: acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution. affected person has the meaning given by subsections 69(2), (3) and (4). agency: (a) in relation to the Commonwealth, includes the following: (i) a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013); (ii) a body corporate established for a public purpose under a law of the Commonwealth; and (b) in relation to a 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 by section 32. civil penalty order has the meaning given by subsection 44A(4). civil penalty provision: a provision of this Act is a civil penalty provision if: (a) either: (i) the provision sets out at its foot a pecuniary penalty, or penalties, indicated by the words "Civil penalty"; or (ii) another provision of this Act provides that the provision is a civil penalty provision; and (b) the provision is of one of the following kinds: (i) a subsection, or a section that is not divided into subsections; (ii) a subregulation, or a regulation that is not divided into subregulations. Commonwealth Department means the Department of State of the Commonwealth that deals with the matters to which this Act relates. Commonwealth Minister means the Minister appointed to administer the Department of State of the Commonwealth that deals with the matters to which this Act relates. Commonwealth Secretary means the Secretary of the Department of State of the Commonwealth that deals with the matters to which this Act relates. corresponding State‑Territory law has the meaning given by section 12. damage, in relation to data, includes damage by erasure of data or addition of other data. evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist. evidential material means: (a) in respect of an offence against this Act: (i) any thing with respect to which the offence has been committed or is suspected, on reasonable grounds, to have been committed; or (ii) any thing as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of the offence; or (iii) any thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing the offence; and (b) in respect of a contravention of a civil penalty provision: (i) any thing with respect to which the civil penalty provision has been contravened or is suspected, on reasonable grounds, of having been contravened; or (ii) any thing as to which there are reasonable grounds for suspecting that it will afford evidence as to the contravention of the civil penalty provision; or (iii) any thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of contravening the civil penalty provision. Executive Agency has the same meaning as in the Public Service Act 1999. Federal Court means the Federal Court of Australia. just terms has the same meaning as in paragraph 51(xxxi) of the Constitution. occupier, in relation to premises, includes a person who apparently represents the occupier of the premises. offence against this Act includes: (a) an offence against section 6 of the Crimes Act 1914; and (b) an offence against section 11.1, 11.4, 11.5, 136.1, 137.1 or 137.2 of the Criminal Code; that relates to this Act. participating State or Territory: a State or Territory is a participating State or Territory if there is a corresponding State‑Territory law for the State or Territory. person who has WELS information has the meaning given by section 60. registered: a WELS product is registered if the product is registered under the scheme formulated under subsection 26(1). Regulator has the meaning given by section 21. relevant court means: (a) the Federal Court; or (b) the Federal Circuit and Family Court of Australia (Division 2); or (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act. reviewable decision has the meaning given by subsection 69(1). reviewable State‑Territory decision has the meaning given by subsection 17(2). Statutory Agency has the same meaning as in the Public Service Act 1999. supply has the meaning given by section 7A. this Act includes regulations, and other legislative instruments, made under this Act. 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 subsection 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 subsection 45(1). WELS‑labelled has the meaning given by subsection 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 by subsection 18(1). WELS scheme means the water efficiency labelling and standards scheme established by this Act and corresponding State‑Territory laws. WELS standard has the meaning given by section 19. 7A Meaning of supply (1) A supply of a WELS product means a supply of the product in the course of trading or commercial activities, and includes: (a) an offer to supply; and (b) a supply (including a re‑supply) by way of sale, exchange, gift, lease, loan, hire or hire‑purchase; and (c) a supply as part of the supply of another thing (including as a fitting or fixture). (2) For the purposes of subsection (1): (a) offer to supply includes make available, expose, display or advertise; and (b) it is irrelevant whether the supply is: (i) for consideration; or (ii) a wholesale or retail supply. Part 3—National WELS scheme 8 WELS scheme to be a national cooperative scheme It is the intention of the Parliament that this Act form a part of a cooperative scheme between the Commonwealth and the States and Territories to provide for national water efficiency labelling and standards. 9 Application of this Act This Act applies with respect to the following: (a) corporations to which paragraph 51(xx) of the Constitution applies; (b) trade or commerce: (i) with other countries; or (ii) among the States; or (iii) between a State and a Territory; or (iv) between 2 Territories; (c) the Commonwealth and agencies of the Commonwealth; (d) things authorised by the legislative power of the Commonwealth under paragraph 51(xxxix) of the Constitution, so far as it relates to the matters mentioned in paragraphs (a) to (c) of this section. 10 Relationship between this Act and other Commonwealth laws The provisions of this Act are in addition to, and not in substitution for, the requirements of any other law of the Commonwealth. 11 State and Territory laws may operate concurrently This Act is not intended to exclude or limit the operation of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Act. 12 Meaning of corresponding State‑Territory law (1) For the purposes of this Act, corresponding State‑Territory law means a law of a State or Territory: (a) whose operation involves the use of determinations made under section 18 of this Act; and (b) that is declared by the Commonwealth Minister, in writing, to correspond to this Act; and includes such a law as amended from time to time. (2) A declaration under paragraph (1)(b) is a legislative instrument. Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration: see subsection 44(1) of that Act. Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the declaration: see subsection 54(1) of that Act. 13 Commonwealth consent to conferral of functions etc. on the Regulator or inspectors by corresponding State‑Territory laws (1) A corresponding State‑Territory law may confer functions or powers, or impose duties, on the Regulator. Note: Section 15 sets out when such a law imposes a duty on the Regulator. (2) A corresponding State‑Territory law may confer functions or powers, or impose duties, on WELS inspectors. Note: Section 15 sets out when such a law imposes a duty on WELS inspectors. (3) Subsections (1) and (2) do not authorise the conferral of a function or power, or the imposition of a duty, by a corresponding State‑Territory law to the extent to which: (a) the conferral or imposition, or the authorisation, would contravene any constitutional doctrines restricting the duties that may be imposed on the Regulator or WELS inspectors; or (b) the authorisation would otherwise exceed the legislative power of the Commonwealth. (4) The Regulator or a WELS inspector cannot perform a duty or function, or exercise a power, under a corresponding State‑Territory law unless the conferral of the function or power, or the imposition of the duty, is in accordance with an agreement between the Commonwealth and the State or Territory concerned. 14 How duty is imposed by corresponding State‑Territory laws Application (1) This section applies if a corresponding State‑Territory law purports to impose a duty on the Regulator or WELS inspectors. Note: Section 15 sets out when such a law imposes a duty on the Regulator or WELS inspectors. State or Territory legislative power sufficient to support duty (2) The duty is taken not to be imposed by this Act (or any other law of the Commonwealth) to the extent to which: (a) imposing the duty is within the legislative powers of the State or Territory concerned; and (b) imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the Regulator or WELS inspectors. Note: If this subsection applies, the duty will be taken to be imposed by force of the law of the State or Territory (the Commonwealth having consented under section 13 to the imposition of the duty by that law). Commonwealth legislative power sufficient to support duty but State or Territory legislative powers are not (3) If, to ensure the validity of the purported imposition of the duty, it is necessary that the duty be imposed by a law of the Commonwealth (rather than by the law of the State or Territory), the duty is taken to be imposed by this Act to the extent necessary to ensure that validity. (4) If, because of subsection (3), this Act is taken to impose the duty, it is the intention of the Parliament to rely on all powers available to it under the Constitution to support the imposition of the duty by this Act. (5) The duty is taken to be imposed by this Act in accordance with subsection (3) only to the extent to which imposing the duty: (a) is within the legislative powers of the Commonwealth; and (b) is consistent with the constitutional doctrines restricting the duties that may be imposed on the Regulator or WELS inspectors. (6) Subsections (1) to (5) do not limit section 13. 15 When a corresponding State‑Territory law imposes a duty For the purposes of sections 13 and 14, a corresponding State‑Territory law imposes a duty on the Regulator or WELS inspectors if: (a) the law confers a function or power on the Regulator or WELS inspectors; and (b) the circumstances in which the function or power is conferred give rise to an obligation on the Regulator or WELS inspectors to perform the function or to exercise the power. 16 No doubling‑up of liabilities (1) If: (a) an act or omission is an offence against this Act and is also an offence against a law of a State or Territory; and (b) the offender has been punished for the offence under the law of the State or Territory; the offender is not liable to be punished for the offence under this Act. (2) If a person has paid, or been ordered to pay, a pecuniary penalty under a law of a State or Territory, the person is not liable to a pecuniary penalty under this Act in respect of the same conduct. 17 Review of decisions under corresponding State‑Territory laws (1) Application may be made to the Administrative Review Tribunal for review of a reviewable State‑Territory decision. (2) A decision made by the Regulator in the performance of a function or the exercise of a power conferred by a corresponding State‑Territory law is a reviewable State‑Territory decision for the purposes of this section if: (a) the law under which the decision was made provides for review by the Administrative Review Tribunal; and (b) the decision is declared by the regulations to be a reviewable State‑Territory decision for the purposes of this section. (3) For the purposes of this section, the Administrative Review Tribunal Act 2024 has effect as if a corresponding State‑Territory law were an Act. Part 4—WELS products and WELS standards 18 WELS products (1) The Commonwealth Minister may, by writing, determine that water‑use products or water‑saving products of a specified kind are WELS products. (2) A determination under subsection (1) must set out, or incorporate by reference, the WELS standard for the products. (3) A determination under subsection (1) is a legislative instrument and, despite subsection 44(1) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to the determination. Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the determination: see subsection 54(1) of that Act. (4) Before making a determination under subsection (1), the Commonwealth Minister must have agreement to the terms of the determination from a majority of the participating States and Territories. (5) Subsection (4) does not apply to a variation of a determination to remove an ambiguity or uncertainty, or to correct an error. (6) Subsection (5) does not, by implication, limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a determination under subsection (1). 19 WELS standards (1) The WELS standard must set out: (a) criteria for rating the products in relation to either or both of the following: (i) water efficiency; (ii) general performance; and (b) requirements in relation to communicating such ratings on product labels. (2) The WELS standard must require the products to be registered for the purposes of specified supplies of the product. (3) The WELS standard may require one or more of the following: (a) that the products comply with specified minimum water efficiency requirements for the purposes of specified supplies of the product; (b) that the products comply with specified minimum general performance requirements for the purposes of specified supplies of the product; (c) that the products comply with one or more requirements relating to plumbing imposed by or under a law of a State or Territory, as in force from time to time; (d) that a specified type of person or body certifies that the products comply with one or more requirements relating to plumbing imposed by or under a law of a State or Territory, as in force from time to time; (e) that the products be WELS‑labelled for the purposes of specified supplies of the product. 20 Meaning of WELS‑labelled (1) A product is WELS‑labelled if it is labelled in accordance with requirements set out in the WELS standard for products of that kind. (2) Such requirements may relate to one or more of the following: (a) the characteristics, contents, placement and quality of labels attached to products or displayed on product packaging; (b) documents or other material used for, or provided in connection with, the supply of the product; (c) advertising the product. Part 5—The WELS Regulator 21 The Regulator (1) The Commonwealth Secretary must, in writing, designate a position in the Commonwealth Department as the position of Regulator. Note: For creation of positions, see section 77 of the Public Service Act 1999. (2) The position of Regulator can only be occupied by an SES employee. (3) The Regulator is the SES employee who occupies that position. (4) An instrument under subsection (1) is not a legislative instrument. 22 Functions of the Regulator The Regulator has the following functions: (a) to administer the WELS scheme; (b) to provide information and advice in relation to the WELS scheme; (c) to undertake or commission research in relation to the WELS scheme; (d) to monitor and enforce compliance with the WELS scheme; (e) such other functions as are conferred on the Regulator by this Act or any other law. 23 Powers of the Regulator Subject to this Act, the Regulator has power to do all things necessary or convenient to be done for or in connection with the performance of the Regulator's functions. 24 Arrangements with other agencies The Regulator may make an arrangement with an agency of the Commonwealth or of a State or Territory for the services of officers or employees of the agency to be made available to assist the Regulator in the performance of the functions or duties, or the exercise of the powers, of the Regulator. 25 Delegation (1) The Regulator may, by writing, delegate one or more of the Regulator's powers or functions under this Act to one or more of the following: (a) an officer or employee of an agency of the Commonwealth; (b) an officer or employee of an agency of a State or Territory. (2) The Regulator may, by writing, delegate one or more of the Regulator's powers or functions under a corresponding State‑Territory law to one or more of the following: (a) an officer or employee of an agency of the Commonwealth; (b) an officer or employee of an agency of a State or Territory. (3) However, the Regulator must not delegate a power or function, under subsection (1) or (2), to an officer or employee of an agency of a State or Territory without the agreement of the State or Territory. (4) A delegate of the Regulator is, in the exercise of the delegate's delegated powers and functions, subject to the Regulator's directions. Part 6—Registration of WELS products 26 Registration of WELS products (1) The Commonwealth Minister must, by legislative instrument, formulate a scheme relating to the registration of WELS products. (2) Without limiting subsection (1), the scheme may make provision for, or in relation to, any of the following: (a) applications for registration of WELS products (including renewal of registration); (b) the information or documents to be provided with applications for registration (including verification by statutory declaration of the information); (c) the fees (other than fees imposed by the Water Efficiency Labelling and Standards (Registration Fees) Act 2013) to be paid in connection with applications for registration, including methods for working out such fees and the circumstances in which fees may be waived or refunded (either in whole or in part); (d) the grounds for approving or refusing applications for registration; (e) the period of registration; (f) the requirements to be met in order for WELS products to remain registered; (g) the consequences for the registration of a product if a WELS standard for the product is varied or replaced; (h) the suspension and cancellation of registration; (i) the creation, maintenance and publication of a register of WELS products; (j) the review of decisions made by the Regulator under the scheme; (k) other matters in connection with the registration of WELS products. (3) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, the scheme may make different provision in relation to: (a) different kinds of WELS products; or (b) different kinds of applications; or (c) different kinds of registrations; or (d) different circumstances. (4) Before formulating a scheme under subsection (1), the Commonwealth Minister must have agreement to the terms of the scheme from a majority of the participating States and Territories. (5) Subsection (4) does not apply to a variation of the scheme to remove an ambiguity or uncertainty, or to correct an error. (6) Subsection (5) does not, by implication, limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to the instrument. (7) Despite subsection 44(1) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to the instrument. Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the scheme (see subsection 54(1) of that Act). Registration fees (8) The scheme formulated under subsection (1) may require or permit the Regulator to do any of the following: (a) refuse, or refuse to consider, a registration application within the meaning of the Water Efficiency Labelling and Standards (Registration Fees) Act 2013 if a fee imposed by that Act is not paid, or is not paid within a period specified in the scheme; (b) waive or refund, in whole or in part, a fee imposed by the Water Efficiency Labelling and Standards (Registration Fees) Act 2013. Note: The Water Efficiency Labelling and Standards (Registration Fees) Act 2013 imposes fees for registration applications as taxes. (9) A provision of the scheme formulated under subsection (1) for the purposes of subsection (8) has effect despite anything else in this Act (other than Part 11) or a corresponding State‑Territory law. Part 7—Offences and civil penalties relating to the WELS scheme Division 1—Applicable WELS standards 32 Meaning of applicable WELS standard (1) The applicable WELS standard for a WELS product that is registered is the WELS standard under which the product is registered. (2) The applicable WELS standard for a WELS product that is not registered is the WELS standard included in the most recent determination made under section 18 that relates to products of that kind. Division 2—Registration and labelling 32A False or misleading information or documents A person must not provide information or a document with an application for registration of a WELS product if the person knows, or is reckless as to whether, the information or document is false or misleading in a material particular. Civil penalty: 60 penalty units. Note: Part 7.4 of the Criminal Code provides offences in relation to false or misleading statements. 33 Supply of unregistered WELS products (1) A person contravenes this subsection if: (a) the person supplies a WELS product; and (b) the applicable WELS standard requires the product to be registered for the purposes of the supply. (2) Subsection (1) does not apply if the WELS product is registered at the time of the supply. Strict liability offence (3) A person commits an offence of strict liability if the person contravenes subsection (1). Penalty: 60 penalty units. Note 1: For strict liability, see section 6.1 of the Criminal Code. Note 2: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code. Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1). Civil penalty: 60 penalty units. (5) A person who wishes to rely on subse