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Water Efficiency Labelling and Standards
(WELS) Scheme

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• WELS Scheme inspectors: Their powers and your rights (PDF - 193 KB)

It is a legal requirement for water-using products that are part of the national Water Efficiency Labelling and Standards (WELS) Scheme to be supplied with information about their water efficiency performance.

The Water Efficiency Labelling and Standards Act 2005 (the WELS Act) affects all those who supply the following products:

• clothes washing machines
• dishwashers
• lavatory equipment
• urinal equipment
• tap equipment
• showerheads and
• flow controllers (if WELS registered).

One of the methods used to monitor compliance with the WELS Act is through visits by WELS inspectors across Australia.

The Australian Government has a permanent team of inspectors who may visit premises that supply WELS products.

WELS inspector powers

Inspectors have numerous powers under the WELS Act that can be used to assist in determining whether a person or business is implementing its legal obligations.

When a WELS business premises is open to the public a WELS inspector can enter unannounced and:

• inspect WELS products
• purchase any WELS product that is available for sale
• inspect or collect written information, advertising or any other document that is available, or made available, to the public
• discuss product features with any person
  and
• observe practices relating to the supply of products.

A WELS inspector needs the consent of a staff member of the premises to be able to use the following additional powers:

• search the premises in relation to compliance with the WELS Scheme and anything (including a vehicle) on the premises
• inspect, examine, take measurements of or
• conduct tests on anything on the premises
• take photographs, make video or audio recordings or make sketches of the premises or anything on the premises
• inspect any book, record or document on the premises
• take extracts from or make copies of any books, records or documents
• take onto the premises any equipment or materials that the WELS inspector may require for exercising the inspection
• operate equipment on the premises for the purposes of gaining access to a document or record relating to one or more WELS products.

The consent of the occupier of the premises is always obtained in writing.

Your rights

• You have the following rights when a WELS inspector visits your premises:
• the right to refuse consent for an inspector to enter, or to remain on your premises
• the right to withdraw your consent at any time, even after you have provided written consent
• the right to ask an inspector to produce their WELS inspector identity card for your inspection.

Inspections with a warrant

A WELS inspector may visit a WELS premises with a warrant, which allows them to exercise their additional powers as listed previously without your consent.

With a warrant a WELS inspector may require any person on the premises to:

answer any questions put by the WELS inspector

produce any book, record or document requested by the WELS inspector

seize or secure any evidential material on the premises.

More information

For more information, go to the WELS website or email wels@environment.gov.au or call 1800 803 772.

Please note: the contents of this publication are provided as general information only. Individuals should seek independent professional advice about how WELS legislation is relevant to their particular circumstances.