Victorian Energy Efficiency Target Amendment (Electrification and Home Energy Rating Assessment) Regulations 2023 (Vic)
Victorian Energy Efficiency Target Amendment (Electrification and Home Energy Rating Assessment) Regulations 2023
S.R. No. 25/2023
table of provisions
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
4Principal Regulations
Part 2—General amendments related to prescribed activities
5Definitions
6Products, product categories, category numbers and criteria
7References in Schedule 2 to certain matters being specified
8General conditions and circumstances under which a certificate cannot be created
9ESC may list a product on the ESC register
10Determinations of ESC in relation to certain matters
Part 3—Water heating
11Prescribed activities
12Clause 1 of Schedule 2 substituted
13Clause 2 of Schedule 2 substituted
14Clause 35 of Schedule 2 amended
15New clauses 8A and 8B of Schedule 3 inserted
16Definitions—Schedule 4
17Water heating products
Part 4—Space heating and cooling
18Definitions
19Prescribed activities
20Part 6 of Schedule 2 substituted
21Definitions—Schedule 4
22Clause 3 of Schedule 4 substituted
23Clause 4 of Schedule 4 substituted
Part 5—Home energy rating assessment
24Definitions
25Prescribed activities
26Certificate cannot be created unless installed product listed on ESC register
27Certificate cannot be created in relation to certain prescribed activities if maximum exceeded
28New Part 45 of Schedule 2 inserted
29New clause 45 of Schedule 3 inserted
30Heading to Schedule 4 amended
31Definitions—Schedule 4
32New clause 12 of Schedule 4 inserted
Part 6—Revocation of gas water and space heating prescribed activities
33Prescribed activities
34Certificate cannot be created unless installed product listed on ESC register
35Table 1.1 in Part 1 of Schedule 2 amended
36Parts 5, 7, 9, 10 and 23 of Schedule 2 revoked
37Clause 2 in Part 3 of Schedule 3 revoked
38Table 3.1 in Part 3 of Schedule 2 amended
39Clauses 6, 8, 9, 11, 12, 13 and 23 of Schedule 3 revoked
40Clause 3 of Schedule 4 amended
41Clause 3A of Schedule 4 amended
42Clause 4 of Schedule 4 amended
43Clause 4A of Schedule 4 amended
Part 7—Weather sealing
44Definitions
45Prescribed activities
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Endnotes
statutory rules 2023
S.R. No. 25/2023
Victorian Energy Efficiency Target Act 2007
Victorian Energy Efficiency Target Amendment (Electrification and Home Energy Rating Assessment) Regulations 2023
The Governor in Council makes the following Regulations:
Dated: 18 April 2023
Responsible Minister:
LILY D'AMBROSIO
Minister for Energy and Resources
ANGELA SMITH
Clerk of the Executive Council
PART 1—PRELIMINARY
1Objective
The objective of these Regulations is to amend the Victorian Energy Efficiency Target Regulations 2018—
(a)to change the activities that are prescribed for the purposes of section 15(1) of the Victorian Energy Efficiency Target Act 2007 in relation to water heating and space heating and cooling; and
(b)to prescribe activities relating to home energy rating assessments for the purpose of section 15(1) of the Victorian Energy Efficiency Target Act 2007; and
(c)to limit the prescribed activity of weather sealing to residential premises where a flueless gas space heater or open-flue gas appliance is not installed; and
(d)in relation to determinations by the Essential Services Commission to list a product on, or remove products from, the ESC register; and
(e)to enable the Essential Services Commission to determine a class of waste disposal facility in respect of certain equipment; and
(f)to make other minor and consequential amendments.
2Authorising provision
These Regulations are made under section 75 of the Victorian Energy Efficiency Target Act 2007.
3Commencement
(1)These Regulations (except Part 6) come into operation on 31 May 2023.
(2)Part 6 comes into operation on 30 June 2023.
4Principal Regulations
In these Regulations, the Victorian Energy Efficiency Target Regulations 2018[1] are called the Principal Regulations.
PART 2—GENERAL AMENDMENTS RELATED TO PRESCRIBED ACTIVITIES
5Definitions
In regulation 5 of the Principal Regulations, for the definition of decommission substitute—
"decommission means—
(a)in the case of a prescribed activity for which decommissioning requirements have been specified, to comply with those requirements; or
(b)in any other case, to disable and render permanently unusable;".
6Products, product categories, category numbers and criteria
For the examples at the foot of regulation 6(3) of the Principal Regulations substitute—
"Examples
1 Listed category 1C product means a product listed on the ESC register as belonging to the product category numbered 1C.
2 Category 1C product means a listed category 1C product and also an unlisted product that complies with the criteria applying to the product category numbered 1C.".
7References in Schedule 2 to certain matters being specified
In regulation 7(2) of the Principal Regulations—
(a)after paragraph (c) insert—
"(ca)pre-installation requirements;";
(b)for paragraph (o) substitute—
"(o)minimum thermal efficiency requirements;
(p)product disposal requirements;
(q)refrigerant requirements;
(r)volume range;
(s)minimum delivery temperature;
(t)minimum warranty requirements.".
8General conditions and circumstances under which a certificate cannot be created
In regulation 15(1)(c) of the Principal Regulations, after "provisions of the" insert "Australian Consumer Law (Victoria), the".
9ESC may list a product on the ESC register
For regulation 31(3) of the Principal Regulations substitute—
"(3) The ESC may remove a product from the ESC register if the ESC is satisfied that—
(a)the product may be unsafe; or
(b)the product may not be of acceptable quality; or
(c)the product may not be fit for its intended purpose; or
(d)information provided to the ESC with the application to list the product on the ESC register was incorrect.
(4)In determining whether or not to list a product on the ESC register pursuant to subregulation (1), or to remove a product from the ESC register under subregulation (3), the ESC may have regard to the following—
(a)any matters that the ESC considers relevant;
(b)any advice provided to the ESC by Energy Safety Victoria with respect to the product.".
10Determinations of ESC in relation to certain matters
For regulation 36(3) of the Principal Regulations substitute—
"(3)The ESC may determine a class of waste disposal facility in respect of—
(a)a type of lighting equipment for the purposes of regulation 17(3); and
(b)any other type of equipment that is required to be decommissioned as part of a prescribed activity and for which product disposal requirements are specified in the Secretary's specifications.".
PART 3—WATER HEATING
11Prescribed activities
(1)Regulation 10(1)(a) of the Principal Regulations is revoked.
(2)After regulation 10(1) of the Principal Regulations insert—
"(1A)For the purposes of section 15(1) of the Act, an activity set out in Part 1 or 3 of Schedule 2 is a prescribed activity if the construction of the premises in which the activity is undertaken in compliance with that Part was not completed in the 2 year period preceding the day on which the activity is undertaken.".
12Clause 1 of Schedule 2 substituted
For clause 1 of Schedule 2 to the Principal Regulations substitute—
"1 Prescribed activity
(1)The prescribed activity is—
(a)decommissioning an electric resistance water heater in accordance with the specified decommissioning requirements (if any) and the specified product disposal requirements (if any); and
(b)installing a product specified in subclause (2) in accordance with the specified pre-installation requirements (if any) and the specified installation requirements (if any).
(2)The specified products are the following—
(a)a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 1.1;
(b)an unlisted product that complies with the criteria specified in column 2 of an item in Table 1.1.
Table 1.1—Product categories
Column 1
Category number
Column 2
Criteria applying to product category
1A A gas or liquefied petroleum gas storage water heater that is certified by an accredited body as achieving a specified minimum star rating when tested and rated in accordance with AS/NZS 5263.1.2. 1B A gas or liquefied petroleum gas instantaneous water heater that is certified by an accredited body as achieving a specified minimum star rating when tested and rated in accordance with AS/NZS 5263.1.2. 1C An electric boosted solar water heater that—
(a) is certified by an accredited body as complying with AS/NZS 2712; and
(b) achieves the specified minimum annual energy savings; and
(c) has an insulated storage volume within the specified volume range; and
(d) meets any specified minimum performance requirement; and
(e) meets any specified minimum warranty requirements; and
(f) meets any other requirements of the Secretary's specifications for this product category.
1D A heat pump water heater that—
(a) is certified by an accredited body as complying with AS/NZS 2712; and
(b) achieves the specified minimum annual energy savings; and
(c) is modelled against the specified heat pump modelling requirements; and
(d) has an insulated storage volume within the specified volume range; and
(e) uses a refrigerant that meets the specified refrigerant requirements; and
(f) meets any specified minimum performance requirement; and
(g) meets any specified minimum warranty requirements; and
(h) meets any other requirements of the Secretary's specifications for this product category.
1E A product that meets the requirements of the Secretary's specifications for this item. 1F A gas or liquefied petroleum gas boosted solar water heater that—
(a) is certified by an accredited body as complying with AS/NZS 2712; and
(b) achieves the specified minimum annual energy savings; and
(c) has an insulated storage volume within the specified volume range; and
(d) meets any specified minimum warranty requirements; and
(e) meets any other requirements of the Secretary's specifications for this product category.
".
13Clause 2 of Schedule 2 substituted
For clause 2 of Schedule 2 to the Principal Regulations substitute—
"2 Prescribed activity
(1)The prescribed activity is—
(a)decommissioning a gas or liquefied petroleum gas water heater in accordance with the specified decommissioning requirements (if any) and the specified product disposal requirements (if any); and
(b)installing a product specified in subclause (2) in accordance with the specified pre-installation requirements (if any) and the specified installation requirements (if any).
(2)The specified products are the following—
(a)a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 3.1;
(b)an unlisted product that complies with the criteria specified in column 2 of an item in Table 3.1.
Table 3.1—Product categories
Column 1
Category number
Column 2
Criteria applying to product category
3A A product that meets the requirements of the Secretary's specifications for this item.
3B A gas or liquefied petroleum gas boosted solar water heater that—
(a) is certified by an accredited body as complying with AS/NZS 2712; and
(b) achieves the specified minimum annual energy savings; and
(c) has an insulated storage volume within the specified volume range; and
(d) meets any specified minimum performance requirement; and
(e) meets any specified minimum warranty requirements; and
(f) meets any other requirements of the Secretary's specifications for this product category.
3C A heat pump water heater that—
(a) is certified by an accredited body as complying with AS/NZS 2712; and
(b) achieves the specified minimum annual energy savings; and
(c) is modelled against the specified heat pump modelling requirements; and
(d) has an insulated storage volume within the specified volume range; and
(e) uses a refrigerant that meets the specified refrigerant requirements; and
(f) meets any specified minimum performance requirement; and
(g) meets any specified minimum warranty requirements; and
(h) meets any other requirements of the Secretary's specifications for this product category.
3D An electric boosted solar water heater that—
(a) is certified by an accredited body as complying with AS/NZS 2712; and
(b) achieves the specified minimum annual energy savings; and
(c) has an insulated storage volume within the specified volume range; and
(d) meets any specified minimum warranty requirements; and
(e) meets any other requirements of the Secretary's specifications for this product category.
".
14Clause 35 of Schedule 2 amended
(1)For clause 35(1) of Schedule 2 to the Principal Regulations substitute—
"(1)The prescribed activity is—
(a)decommissioning one or more of the following products in accordance with the specified decommissioning requirements (if any) and the specified product disposal requirements (if any)—
(i)a gas-fired hot water boiler;
(ii)a gas-fired water heater—
and having one or more products listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 44.1 installed by a licensed or registered plumber in accordance with the specified pre-installation requirements (if any) and the specified installation requirements (if any); or
(b)decommissioning one or more of the following products in accordance with the specified decommissioning requirements (if any) and the specified product disposal requirements (if any)—
(i)an electric resistance hot water boiler;
(ii)an electric resistance water heater—
and having one or more products listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 44.1 installed by a licensed or registered plumber in accordance with the specified pre-installation requirements (if any) and the specified installation requirements (if any); or
(c)having one or more products listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 44.1 installed by a licensed or registered plumber in accordance with the specified pre-installation requirements (if any) and the specified installation requirements (if any).".
(2)In clause 35(2) of Schedule 2 to the Principal Regulations, after "subregulation (1)(a)" insert "or (b)".
(3)In clause 35(3) of Schedule 2 to the Principal Regulations, after "subregulation (1)(a)" insert "or (b)".
(4)For Table 44.1 at the foot of clause 35 of Schedule 2 to the Principal Regulations substitute—
"Table 44.1—Product categories
Column 1
Category number
Column 2
Criteria applying to product category
44A An air source heat pump water heater that is a product that—
(a) has an insulated storage volume within the specified volume range; and
(b) if the insulated storage volume is 700 litres or less, is certified by an accredited body as complying with AS/NZS 2712; and
(c) provides the specified minimum delivery temperature; and
(d) achieves the specified minimum annual energy savings; and
(e) is modelled against the specified heat pump modelling requirements; and
(f) achieves any specified minimum performance requirement; and
(g) uses a refrigerant that meets any specified refrigerant requirements; and
(h) meets any specified minimum warranty requirements; and
(i) meets any other requirements of the Secretary's specifications for this product category.
44B A product that meets the requirements of the Secretary's specifications for this item.
".
15New clauses 8A and 8B of Schedule 3 inserted
After clause 8 of Schedule 3 to the Principal Regulations insert—
"8A Heat pump water heater—Schedule 2, Part 3
(1)This clause applies to a prescribed activity set out in Part 3 of Schedule 2 if the product installed as part of that activity is a category 3C product.
(2)The time specified for the purposes of regulation 11(1) and (2) for the prescribed activity is the later of—
(a)the day on which the installed product is first able to produce and deliver water heated by the heat pump water heater; or
(b)the day on which the gas or liquefied petroleum gas water heater is decommissioned.
8BElectric boosted solar water heater—Schedule 2, Part 3
(1)This clause applies to a prescribed activity set out in Part 3 of Schedule 2 if the product installed as part of that activity is a category 3D product.
(2)The time specified for the purposes of regulation 11(1) and (2) for the prescribed activity is the later of—
(a)the day on which the installed product is first able to produce and deliver water heated by solar energy; or
(b)the day on which the gas or liquefied petroleum gas water heater is decommissioned.".
16Definitions—Schedule 4
In clause 1 of Schedule 4 to the Principal Regulations, in the definition of relevant period, after paragraph (b) insert—
"(ba)in respect of a prescribed activity referred to in clause 2(1A), the period beginning on 31 May 2023 and ending immediately before a product is installed as part of a prescribed activity; and".
17Water heating products
After clause 2(1) of Schedule 4 to the Principal Regulations insert—
"(1A)A certificate cannot be created in relation to a prescribed activity involving the installation, in non-residential premises, of a water heating product specified in Part 1 or 3 of Schedule 2 if, during the relevant period, 5 or more water heating products specified in Part 1 or 3 of Schedule 2 have been installed at the same premises as part of a prescribed activity (whether or not a certificate was created for that activity).".
PART 4—SPACE HEATING AND COOLING
18Definitions
In regulation 5 of the Principal Regulations—
(a)insert the following definitions—
"air conditioner has the same meaning as it has in the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 as made under the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth and as amended from time to time;
air-to-air has the same meaning as it has in the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 as made under the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth and as amended from time to time;
conditioned space has the same meaning as it has in the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 as made under the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth and as amended from time to time;".
(b)for the definition of controlled heating or cooling product substitute—
"controlled heating or cooling product means any of the following products—
(a)a ducted gas heater;
(b)a central electric resistance heater that provides heating to a space with a floor area of at least 100 m2;
(c)an air-to-air air conditioner (whether ducted or otherwise) that is capable of both heating and cooling;
(d)a hard-wired electric room heater used as the main form of heating any premises;
(e)a gas or liquefied petroleum gas room heater;
(f)a refrigerative air conditioner (whether ducted or not), being an air conditioner that is only capable of cooling a conditioned space, and that is not located in—
(i)in the case of an air conditioner in residential premises, a bedroom; or
(ii)in the case of an air conditioner in business or non-residential premises, a room with an area less than 20 m2;
(g)an in-slab electric heater, being a heater that provides radiated heat to a premises through electric cabling embedded in or on top of a concrete slab;
(h)a product that—
(i)is capable of cooling or heating, or both cooling and heating, a conditioned space; and
(ii)is specified in the Secretary's specifications for the purposes of this definition;".
19Prescribed activities
(1)In regulation 10(1)(b) of the Principal Regulations, for "5 to 10" substitute "5, 7, 9 and 10".
(2)Before regulation 10(2) of the Principal Regulations insert—
"(1B)For the purposes of section 15(1) of the Act, an activity set out in clause 4(1)(a) of Part 6 of Schedule 2 is a prescribed activity if—
(a)the activity is undertaken in business premises or other non-residential premises (including the common areas of a building that is classified under Part A6 of Volume One of the Building Code as a Class 2 Building) in compliance with that Part; and
(b)the construction of the premises in which the activity is undertaken was not completed in the 2 year period preceding the day on which the activity is undertaken.
(1C)For the purposes of section 15(1) of the Act, an activity set out in clause 4(1)(b) of Part 6 of Schedule 2 is a prescribed activity if—
(a)the activity is undertaken in any premises in compliance with that Part; and
(b)the construction of the premises in which the activity is undertaken was not completed in the 2 year period preceding the day on which the activity is undertaken.
(1D)For the purposes of section 15(1) of the Act, an activity set out in clause 4(1)(c) of Part 6 of Schedule 2 that is undertaken in business or other non-residential premises (including the common areas of a building that is classified under Part A6 of Volume One of the Building Code as a Class 2 Building) in compliance with that Part is a prescribed activity.
(1E)For the purposes of section 15(1) of the Act, an activity set out in clause 4(1)(d) of Part 6 of Schedule 2 that is undertaken in any premises in compliance with that Part is a prescribed activity.".
20Part 6 of Schedule 2 substituted
For Part 6 of Schedule 2 to the Principal Regulations substitute—
"PART 6—SPACE HEATING AND COOLING
4Prescribed activity
(1)The prescribed activity is—
(a)decommissioning a specified controlled heating or cooling product in accordance with the specified decommissioning requirements (if any) and the product disposal requirements (if any) and installing a product specified in subclause (2) in accordance with the specified pre-installation requirements (if any) and the specified installation requirements (if any); or
(b)decommissioning a specified controlled heating or cooling product in accordance with the specified decommissioning requirements (if any) and the product disposal requirements (if any) and installing a product specified in subclause (2) as belonging to product category 6A, 6B, 6D, 6E, 6F or 6H in accordance with the specified pre-installation requirements (if any) and the specified installation requirements (if any); or
(c)installing a product specified in subclause (2) in accordance with the specified pre-installation requirements (if any) and the specified installation requirements (if any); or
(d)installing a product specified in subclause (2) as belonging to product category 6A, 6B, 6D, 6E, 6F or 6H in accordance with the specified pre‑installation requirements (if any) and the specified installation requirements (if any).
(2)The specified products are the following—
(a)a product listed on the ESC register as belonging to a product category whose category number is specified in column 1 of Table 6.1;
(b)an unlisted product that complies with the criteria specified in column 2 of an item in Table 6.1.
Table 6.1—Product categories
Column 1
Category number
Column 2
Criteria applying to product category
6A A ducted air-to-air air conditioner that—
(a) is capable of both cooling and heating; and
(b) achieves the specified minimum performance requirements; and
(c) has a rated capacity of less than 10kW; and
(d) uses a refrigerant that meets the specified refrigerant requirements; and
(e) meets any specified minimum warranty requirements; and
(f) meets any other requirements of the Secretary's specifications for this product category.
6B A ducted air-to-air air conditioner that—
(a) is capable of both cooling and heating; and
(b) achieves the specified minimum performance requirements; and
(c) has a rated capacity of more than or equal to 10kW but less than or equal to 39kW; and
(d) uses a refrigerant that meets the specified refrigerant requirements; and
(e) meets any specified minimum warranty requirements; and
(f) meets any other requirements of the Secretary's specifications for this product category.
6C A ducted air-to-air air conditioner that—
(a) is capable of both cooling and heating; and
(b) achieves the specified minimum performance requirement; and
(c) has a rated capacity of more than 39kW but less than or equal to 65kW; and
(d) uses a refrigerant that meets the specified refrigerant requirements; and
(e) meets any specified minimum warranty requirements; and
(f) meets any other requirements of the Secretary's specifications for this product category.
6D An air-to-air air conditioner (other than a ducted air-to-air air conditioner) that—
(a) is capable of both cooling and heating; and
(b) achieves the specified minimum performance requirement; and
(c) has a rated capacity of less than 4kW; and
(d) uses a refrigerant that meets the specified refrigerant requirements; and
(e) meets any specified minimum warranty requirements; and
(f) meets any other requirements of the Secretary's specifications for this product category.
6E An air-to-air air conditioner (other than a ducted air-to-air air conditioner) that—
(a) is capable of both cooling and heating; and
(b) achieves the specified minimum performance requirement; and
(c) has a rated capacity of more than or equal to 4kW but less than 10kW; and
(d) uses a refrigerant that meets the specified refrigerant requirements; and
(e) meets any specified minimum warranty requirements; and
(f) meets any other requirements of the Secretary's specifications for this product category.
6F An air-to-air air conditioner (other than a ducted air-to-air air conditioner) that—
(a) is capable of both cooling and heating; and
(b) achieves the specified minimum performance requirement; and
(c) has a rated capacity of more than or equal to 10kW but less than or equal to 39kW; and
(d) uses a refrigerant that meets the specified refrigerant requirements; and
(e) meets any specified minimum warranty requirements; and
(f) meets any other requirements of the Secretary's specifications for this product category.
6G An air-to-air air conditioner (other than a ducted air-to-air air conditioner) that—
(a) is capable of both cooling and heating; and
(b) achieves the specified minimum performance requirement; and
(c) has a rated capacity of more than 39kW but less than or equal to 65kW; and
(d) uses a refrigerant that meets the specified refrigerant requirements; and
(e) meets any specified minimum warranty requirements; and
(f) meets any other requirements of the Secretary's specifications for this product category.
6H A space heating or cooling product that meets the requirements of the Secretary's specifications for this item.
".
21Definitions—Schedule 4
In clause 1 of Schedule 4 to the Principal Regulations, in the definition of relevant period, after paragraph (c) insert—
"(ca)in respect of a prescribed activity referred to in clause 3, 3A, 4 or 4A, the period beginning on 31 May 2023 and ending immediately before a product is installed as part of a prescribed activity; and".
22Clause 3 of Schedule 4 substituted
For clause 3 of Schedule 4 to the Principal Regulations substitute—
3Ducted heating or cooling products where decommissioning has not occurred"
(1)A certificate cannot be created in relation to a prescribed activity involving the installation, in residential premises, of a ducted heating or cooling product specified in Part 5, 6 or 7 of Schedule 2 if—
(a)a specified controlled heating or cooling product at the premises has not been decommissioned as part of the prescribed activity; and
(b)during the relevant period, one or more ducted heating or cooling products specified in Part 5, 6, 7 or 23 of Schedule 2 have been installed at the same premises as part of a prescribed activity (whether or not a certificate was created for that activity).
(2)A certificate cannot be created in relation to a prescribed activity involving the installation, in non-residential premises, of a ducted heating or cooling product specified in Part 5, 6 or 7 of Schedule 2 if—
(a)a specified controlled heating or cooling product at the premises has not been decommissioned as part of the prescribed activity; and
(b)during the relevant period, 2 or more ducted heating or cooling products specified in Part 5, 6, 7 or 23 of Schedule 2 have been installed at the same premises as part of a prescribed activity (whether or not a certificate was created for that activity).
3ADucted heating or cooling products where decommissioning has occurred
(1)A certificate cannot be created in relation to a prescribed activity involving the installation, in residential premises, of a ducted heating or cooling product specified in Part 5, 6 or 7 of Schedule 2 if—
(a)a specified controlled heating or cooling product at the premises has been decommissioned as part of the prescribed activity; and
(b)during the relevant period, one or more ducted heating or cooling products specified in Part 5, 6, 7 or 23 of Schedule 2 have been installed at the same premises as part of a prescribed activity (whether or not a certificate was created for that activity).
(2)A certificate cannot be created in relation to a prescribed activity involving the installation, in non-residential premises, of a ducted heating or cooling product specified in Part 5, 6 or 7 of Schedule 2 if—
(a)a specified controlled heating or cooling product at the premises has been decommissioned as part of the prescribed activity; and
(b)during the relevant period, 5 or more ducted heating or cooling products specified in Part 5, 6, 7 or 23 of Schedule 2 have been installed at the same premises as part of a prescribed activity (whether or not a certificate was created for that activity).".
23Clause 4 of Schedule 4 substituted
For clause 4 of Schedule 4 to the Principal Regulations substitute—
"4 Heating or cooling products (other than ducted heating or cooling products) where decommissioning has not occurred
(1)A certificate cannot be created in relation to a prescribed activity involving the installation, in residential premises, of a heating or cooling product specified in Part 6, 9 or 10 of Schedule 2 (other than a ducted heating or cooling product) if—
(a)a controlled heating or cooling product at the premises has not been decommissioned as part of the prescribed activity; and
(b)during the relevant period, 3 or more heating or cooling products specified in Part 6, 9 or 10 of Schedule 2 (other than a ducted heating or cooling product) have been installed at the same premises as part of a prescribed activity (whether or not a certificate was created for that activity).
(2)A certificate cannot be created in relation to a prescribed activity involving the installation, in non-residential premises, of a heating or cooling product specified in Part 6, 9 or 10 of Schedule 2 (other than a ducted heating or cooling product) if—
(a)a controlled heating or cooling product at the premises has not been decommissioned as part of the prescribed activity; and
(b)during the relevant period, 3 or more heating or cooling products specified in Part 6, 9 or 10 of Schedule 2 (other than a ducted heating or cooling product) have been installed at the same premises as part of a prescribed activity (whether or not a certificate was created for that activity).
4AHeating or cooling products (other than ducted heating or cooling products) where decommissioning has occurred
(1)A certificate cannot be created in relation to a prescribed activity involving the installation, in residential premises, of a heating or cooling product specified in Part 6, 9 or 10 of Schedule 2 (other than a ducted heating or cooling product) if—
(a)a specified controlled heating or cooling product at the premises has been decommissioned as part of the prescribed activity; and
(b)during the relevant period, 5 or more heating or cooling products specified in Part 6, 9 or 10 of Schedule 2 (other than a ducted heating or cooling product) have been installed at the same premises as part of a prescribed activity (whether or not a certificate was created for that activity).
(2)A certificate cannot be created in relation to a prescribed activity involving the installation, in non-residential premises, of a heating or cooling product specified in Part 6, 9 or 10 of Schedule 2 (other than a ducted heating or cooling product) if—
(a)a specified controlled heating or cooling product at the premises has been decommissioned as part of the prescribed activity; and
(b)during the relevant period, 10 or more heating or cooling products specified in Part 6, 9 or 10 of Schedule 2 (other than a ducted heating or cooling product) have been installed at the same premises as part of a prescribed activity (whether or not a certificate was created for that activity).".
PART 5—HOME ENERGY RATING ASSESSMENT
24Definitions
In regulation 5 of the Principal Regulations insert the following definitions—
"home energy rating assessment means an assessment and rating of the energy efficiency of a residential premises;
Nationwide House Energy Rating Scheme (NatHERS) means the rating scheme of that name that—
(a)assesses the energy efficiency of a residential premises; and
(b)is administered by the Commonwealth Government on behalf of each State and Territory;".
25Prescribed activities
After regulation 10(6) of the Principal Regulations insert—
"(7)For the purposes of section 15(1) of the Act, an activity set out in Part 45 of Schedule 2 is a prescribed activity if it is undertaken in compliance with that Part in a building that is classified under Part A6 of Volume One of the Building Code as a Class 1a or 2 building, and which is not situated on retirement village land within the meaning of the Retirement Villages Act 1986.".
26Certificate cannot be created unless installed product listed on ESC register
After regulation 16(4) of the Principal Regulations insert—
"(5)Subregulation (1) does not apply in relation to a prescribed activity referred to in Part 45 of Schedule 2.".
27Certificate cannot be created in relation to certain prescribed activities if maximum exceeded
In the note at the foot of regulation 24 of the Principal Regulations, after "created." insert "Schedule 4 also sets out the maximum number of home energy rating assessments for which certificates can be created.".
28New Part 45 of Schedule 2 inserted
After Part 44 of Schedule 2 to the Principal Regulations insert—
"PART 45—HOME ENERGY RATING ASSESSMENT
36Prescribed activity
The prescribed activity is—
(a)providing a home energy rating assessment that—
(i)is endorsed or accredited by the Nationwide House Energy Rating Scheme (NatHERS); and
(ii)meets the requirements of the Secretary's specifications for an activity provided under this paragraph; and
(iii)is undertaken by an assessor who meets the requirements of the Secretary's specifications to be an assessor for that home energy rating assessment; or
(b)providing a home energy rating assessment that—
(i)meets the requirements of the Secretary's specifications for an activity provided under this paragraph; and
(ii)is undertaken by an assessor who meets the requirements of the Secretary's specifications to be an assessor for that home energy rating assessment.".
29New clause 45 of Schedule 3 inserted
After clause 44 of Schedule 3 to the Principal Regulations insert—
"45 Home energy rating assessment—Schedule 2, Part 45
The time specified for the purposes of regulation 11(1) and (2) for a prescribed activity set out in Part 45 of Schedule 2 is the day on which a copy of the results of the home energy rating assessment is provided to the energy consumer.".
30Heading to Schedule 4 amended
In the heading to Schedule 4 to the Principal Regulations, after "products" insert "and provision of home energy rating assessments".
31Definitions—Schedule 4
In clause 1 of Schedule 4 to the Principal Regulations, in the definition of relevant period—
(a)in paragraph (e)(ii), for "activity." substitute "activity; and";
(b)after paragraph (e) insert—
"(f) in respect of a prescribed activity referred to in clause 12, a period of 5 years ending immediately before the home energy rating assessment is provided as part of the prescribed activity.".
32New clause 12 of Schedule 4 inserted
After clause 11 of Schedule 4 to the Principal Regulations insert—
"12 Home energy rating assessment
A certificate cannot be created in relation to a prescribed activity that involves providing a home energy rating assessment specified in clause 36(a) of Part 45 of Schedule 2 to an energy consumer in relation to a residential premises if, during the relevant period, one or more home energy rating assessments specified in clause 36(a) of Part 45 of Schedule 2 have been provided to that energy consumer in relation to that residential premises as part of a prescribed activity (whether or not a certificate was created for that activity).".
PART 6—REVOCATION OF GAS WATER AND SPACE HEATING PRESCRIBED ACTIVITIES
33Prescribed activities
Regulation 10(1)(b) of the Principal Regulations is revoked.
34Certificate cannot be created unless installed product listed on ESC register
Regulation 16(2)(a) and (b) of the Principal Regulations are revoked.
35Table 1.1 in Part 1 of Schedule 2 amended
In Table 1.1 of Part 1 of Schedule 2 to the Principal Regulations—
(a)category numbers 1A, 1B and 1F as specified in column 1 are revoked;
(b)the descriptions of the criteria applying to category numbers 1A, 1B and 1F as specified in column 2 are revoked.
36Parts 5, 7, 9, 10 and 23 of Schedule 2 revoked
Parts 5, 7, 9, 10 and 23 of Schedule 2 to the Principal Regulations are revoked.
37Clause 2 in Part 3 of Schedule 3 revoked
Clause 2 of Schedule 3 to the Principal Regulations is revoked.
38Table 3.1 in Part 3 of Schedule 2 amended
In Table 3.1 of Part 3 of Schedule 2 to the Principal Regulations—
(a)category number 3B as specified in column 1 is revoked;
(b)the description of the criteria applying to category number 3B as specified in column 2 is revoked.
39Clauses 6, 8, 9, 11, 12, 13 and 23 of Schedule 3 revoked
Clauses 6, 8, 9, 11, 12, 13 and 23 of Schedule 3 to the Principal Regulations are revoked.
40Clause 3 of Schedule 4 amended
(1)In clause 3 of Schedule 4 to the Principal Regulations, for "Part 5, 6 or 7" (where twice occurring) substitute "Part 6".
(2)In clause 3 of Schedule 4 to the Principal Regulations, for "Part 5, 6, 7 or 23" (where twice occurring) substitute "Part 6".
41Clause 3A of Schedule 4 amended
(1)In clause 3A of Schedule 4 to the Principal Regulations, for "Part 5, 6 or 7" (where twice occurring) substitute "Part 6".
(2)In clause 3A of Schedule 4 to the Principal Regulations, for "Part 5, 6, 7 or 23" (where twice occurring) substitute "Part 6".
42Clause 4 of Schedule 4 amended
In clause 4 of Schedule 4 to the Principal Regulations, for "Part 6, 9 or 10" (wherever occurring) substitute "Part 6".
43Clause 4A of Schedule 4 amended
In clause 4A of Schedule 4 to the Principal Regulations, for "Part 6, 9 or 10" (wherever occurring) substitute "Part 6".
PART 7—WEATHER SEALING
44Definitions
In regulation 5 of the Principal Regulations insert the following definitions—
"flueless space heater means an appliance that—
(a)uses gas to produce flame or heat; and
(b)is designed not to discharge its flue gases through a flue;
open-flued gas appliance means an indoor gas appliance that—
(a)uses a gaseous fuel to produce flame, heat, light, power or an aesthetic effect; and
(b)is designed to be connected to a flue system; and
(c)draws combustion air from the room or space in which it is installed;".
45Prescribed activities
(1)In regulation 10(2) of the Principal Regulations, for "Parts 15 and 30" substitute "Part 30".
(2)After regulation 10(2) of the Principal Regulations insert—
"(2A)For the purposes of section 15(1) of the Act, an activity set out in Part 15 of Schedule 2 that is undertaken in compliance with that Part in a residential premises where a flueless space heater or an open-flued gas appliance is not installed is a prescribed activity.".
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ENDNOTES
[1] Reg. 4: S.R. No. 145/2018 as amended by S.R. Nos 145/2018, 142/2020, 97/2021, 153/2021, 171/2021, 37/2022 and 93/2022.
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 18 which inserts the definitions of air conditioner, air-to-air and conditioned space in regulation 5 of the Principal Regulations | Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 made by the Minister for Energy under sections 23 and 35 of the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth | Part 1 |
| Regulation 19(2) which inserts regulation 10(1B) and (1D) into the Principal Regulations | The Building Code of Australia comprising— (a) Volume One of the National Construction Code 2019 including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume; and (b) Volume Two of the National Construction Code 2019 including any Victoria additions set out in Appendix A of that Volume | Part A6 of Volume One |
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