Document ID: chunk:federal_register_of_legislation:C2024C00548:section:18
Version: federal_register_of_legislation:C2024C00548
Segment Type: section
Provision Reference: s 18
Character Range: 22440–23568

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).