Infringement notice statement

The WELS Regulator may use a range of compliance and enforcement tools in response to suspected non-compliance with the Water Efficiency Labelling and Standards (WELS) Act 2005, including giving infringement notices under the Commonwealth, state or territory WELS legislation. The WELS Regulator may consider giving an infringement notice when reasonably satisfied that a person or a body corporate contravened the WELS Act and an infringement notice will deter continuing non-compliance.

About the infringement

Infringement is a notice requiring a person to pay a penalty for a breach of the WELS Act as an alternative to prosecution or a civil penalty order issued through a court.

Infringement notices provide a relatively simple administrative method for dealing with alleged contraventions of the law. 

Infringement notice per offence ranges from $666 to $1,332 for an individual and $3,330 up to $6,660 for a body corporate.

Payment

Payment of an infringement is not an admission of guilt or liability. By paying an infringement on time you take responsibility for the infringement notice. Once payment has been made the infringement will be considered finalised. No further proceedings may be taken for that alleged contravention(s).

Electronic payment of funds can be paid to:

Account Name:  DCCEEW Official Departmental Eft Settlement Account
Bank:  Reserve Bank of Australia
Bank Address:  20-22 London Circuit Canberra ACT 2601
BSB:  092 009
Account No:  115859
Currency:  Australian Dollars
Sort/Swift Code:  RSBKAU2S

Cheques or money orders should be made payable to the:

Collector of Monies
Department of Climate Change, Energy, the Environment and Water
GPO Box 3090
CANBERRA  ACT  2601

If you cannot pay an infringement in full by the due date, you can contact the WELS Regulator before the due date and request an extension of time or to pay by instalments. The WELS Regulator will consider your reasons and decide to accept or refuse your request.

If you do not pay an infringement by the due date (and there is no approved payment plan), you may be prosecuted in a court. The court may decide the penalty amount to be up to the maximum penalty for that contravention, not just the infringement notice penalty.

Withdrawal of infringement notice

The WELS Regulator may withdraw the infringement at any time. You will be advised of this in writing.  If an infringement notice is withdrawn you may be prosecuted in a court, or proceedings seeking a civil penalty order may be brought in relation to the alleged contravention.

If you have already paid the infringement and it is withdrawn, the Commonwealth will repay that amount to you.

You may make written representations to the WELS Regulator seeking the withdrawal of the infringement notice. 

Publication details

Department of Climate Change, Energy, the Environment and Water, 2022.

Read our Infringement Notice Statement to learn more about penalty amounts, circumstances when infringement notices may be given and your rights and obligations if you receive infringement notices.

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