The WELS Regulator has identified that certain requirements set out in AS/NZS 6400:2005 Water efficient products - Rating and labelling (Amendment 6) (the Standard) in relation to registration and labelling of WELS products may be difficult for some suppliers to meet in practice. As such, the WELS Regulator undertakes not to take enforcement action under sections 33 (in relation to registration), 34, 37 or 38 (in relation to labelling) of the Water Efficiency Labelling and Standards Act 2005 (Cth) (WELS Act) on the following conditions.
This undertaking will commence on signature and lapse on the incorporation into the WELS determination of any revision of the Standard (expected late 2014).
For the purposes of Appendix F to the Standard, the WELS Regulator will accept as variants of a registered model, products which meet the definition of 'variants' in paragraph F3.1 of Appendix F in all respects other than as to brand.
No enforcement action will be taken under section 33 of the WELS Act where a WELS product is supplied without being registered if, but for the fact that it is a different brand to a registered product, it would have:
- fallen within the scope of the registration for the registered product; or
- been a variant of the registered product as defined in paragraph F3.1 of Appendix F of the Standard.
Labelling of stand-alone flow controllers in packaging
No enforcement action will be taken where stand-alone flow controllers, including multi packs of stand-alone flow controllers, are provided in packaging and that packaging uses text advice instead of the water efficiency rating label requirements set out in Appendix B1 of the Standard. The text advice must include the following: the approved water efficiency star rating of the product with the word 'WELS'; the water consumption figure; and the product registration number or registered model name; (e.g. WELS 3 Star, 9 L/min, F12345) for each model.
The requirements for placement under Appendix B2.8 of the Standard remain the same, with 'text advice' replacing 'label'.
Appendix B3 of the Standard will not apply if text advice is used on packaging.
Scaling of full-sized labels
No enforcement action will be taken where the appropriate full-sized label, as specified in Appendix B3 of the Standard, is scaled down (using the same proportions as those in Appendix B3 of the Standard) between a maximum of 146mm x 90mm and a minimum of 28mm x 18mm. The label must be clearly readable with normal or corrected vision and otherwise accord with the Standard.
In this undertaking:
'WELS product' has the same meaning as in the Water Efficiency Labelling and Standards Act 2005 (Cth).
Dr Diana Wright
21 March 2014