Mandating water efficiency
Regulation 11 also sets out requirements for written advice to be given to the person concerned following a decision.It provides for the infringement notice penalty to be refunded if the infringement notice has been withdrawn and the penalty has already been paid.
The Act, and regulations and determinations made under the Act, are intended to deliver a number of important water conservation benefits by enabling consumers to compare the water efficiency of WELS products using the information on labels affixed to those products.The labels will display a water efficiency ‘star’ rating to assist consumers make purchase decisions on a range of products.The Act will initially apply to washing machines, dishwashers, toilets, showers, taps, urinals, and flow control devices.provides a procedure for the Regulator to decide whether an infringement notice should be withdrawn if the Regulator is satisfied that it is proper to do so.The procedure includes certain things to be considered by the Regulator in making such a decision, namely the matters for consideration set out in the statement of matters (see Regulation 8), the circumstances of the offence, previous convictions for offences against the Act by the person mentioned in the infringement notice, previous infringement notices of the same kind, and any other matter the Regulator considers relevant.provides that evidence that a person did not pay an infringement notice penalty, is not to be considered by the court in determining the penalty in relation to a conviction for the offence mentioned in that infringement notice.
provides that, at a hearing of a prosecution for an offence mentioned in an infringement notice, certain certificates signed by the Regulator or delegate are evidence of the facts stated in those certifications.
It also requires the infringement notification to advise that a person may provide the Regulator with a statement of matters for consideration in relation to the alleged offence.
The Regulator must consider such a statement of matters in deciding whether the infringement notice should be withdrawn under Regulation 11.
, which sets out a procedure by which a person who is alleged to have committed an offence against Part 7 of the Act may, as an alternative to prosecution, pay a infringement notice penalty (ie a monetary penalty or fine).
prescribes that an inspector may serve an infringement notice if he or she has reasonable grounds for believing that the person has committed an offence under Division 2, 3 or 4 of Part 7 of the Act.
It provides that nothing in Part 8 affects the liability of a person to be prosecuted for an alleged offence if an infringement notice is not served, or is served and withdrawn.