Victorian Energy Efficiency Target Amendment (Induction Cooktops and Co-payments) Regulations 2024 (Vic)
Victorian Energy Efficiency Target Amendment (Induction Cooktops and Co-payments) Regulations 2024
S.R. No. 109/2024
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Principal Regulations
4Definitions
5References in Schedule 2 to certain matters being specified
6Prescribed activities
7New regulations 15A and 15B inserted
8Certificate cannot be created unless installed product listed on ESC register
9Secretary may publish specifications
10New regulations 37A, 37B, 37C and 37D inserted
11New Part 46 of Schedule 2 inserted
12Schedule 3 amended
13Schedule 4 amended
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Endnotes
STATUTORY RULES 2024
S.R. No. 109/2024
Victorian Energy Efficiency Target Act 2007
Victorian Energy Efficiency Target Amendment (Induction Cooktops and Co-payments) Regulations 2024
The Governor in Council makes the following Regulations:
Dated: 15 October 2024
Responsible Minister:
LILY D'AMBROSIO
Minister for Energy and ResourcesANGELA SMITH
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Victorian Energy Efficiency Target Regulations 2018—
(a)to insert the sale of induction cooktops as a prescribed activity and to allow the Secretary to establish and maintain a list of products for the purposes of that prescribed activity; and
(b)to insert conditions and limitations relating to the creation of certificates for particular prescribed activities, including co‑payments for energy consumers; and
(c)to make other minor and technical amendments.
2Authorising provision
These Regulations are made under section 75 of the Victorian Energy Efficiency Target Act 2007.
3Principal Regulations
In these Regulations, the Victorian Energy Efficiency Target Regulations 2018[1] are called the Principal Regulations.
4Definitions
In regulation 5 of the Principal Regulations insert the following definitions—
"co‑payment amount for a product means the amount specified for that product, or for the class to which that product belongs, in the Secretary's specifications in accordance with regulation 35(1)(ab);
freestanding combined induction cooking product means a domestic cooking appliance consisting of—
(a)an oven compartment that—
(i)is designed for the cooking or heating of food; and
(ii)uses only electric resistance to create heat; and
(b)a horizontal surface above the oven containing heating units, each of which—
(i)is designed to cook or heat food that is placed on it in a pot or pan; and
(ii)uses only electric induction to create heat;
induction cooktop means a domestic cooking appliance consisting of a horizontal surface with heating units, each of which—
(a)is designed to cook or heat food that is placed on it in a pot or pan; and
(b)uses only electric induction to create heat;
mandatory consumer information for a product means the information specified for that product, or for the class to which that product belongs, in the Secretary's specifications in accordance with regulation 35(1)(ac);
Secretary's product list means the product list kept by the Secretary under regulation 37A;".
5References in Schedule 2 to certain matters being specified
In regulation 7(2) of the Principal Regulations—
(a)in paragraph (t), for "requirements." substitute "requirements;";
(b)after paragraph (t) insert—
"(u)dimensions.".
6Prescribed activities
After regulation 10(7) of the Principal Regulations insert—
"(8)For the purposes of section 15(1) of the Act, an activity set out in Part 46 of Schedule 2 is a prescribed activity if—
(a)the sale of the specified product is for the purposes of installation in residential premises with a gas or liquified petroleum gas connection; and
(b)the construction of the residential premises referred to in paragraph (a) was not completed in the 2 year period preceding the day on which the activity is undertaken.".
7New regulations 15A and 15B inserted
After regulation 15 of the Principal Regulations insert—
"15A Certificate cannot be created unless co‑payment made
(1)A certificate cannot be created in relation to a prescribed activity involving the installation or sale of a product specified in subregulation (2) unless—
(a)the energy consumer has paid the accredited provider or scheme participant, in consideration for the product, at least the co‑payment amount for the product; and
(b)no part of that payment is reimbursed to the energy consumer in any form, including—
(i)money; or
(ii)other goods or services.
(2)For the purposes of subregulation (1), the products are the following—
(a)a category 1C product;
(b)a category 1D product;
(c)a category 3C product;
(d)a category 3D product;
(e)a category 6A product;
(f)a category 6B product;
(g)a category 6C product;
(h)a category 6D product;
(i)a category 6E product;
(j)a category 6F product;
(k)a category 6G product;
(l)a category 43B product;
(m)a category 44A product;
(n)a category 46A product;
(o)a category 46B product.
15BCertificate cannot be created unless information provided
(1)A certificate cannot be created in relation to a prescribed activity involving the installation or sale of a product specified in subregulation (2) unless the mandatory consumer information has been provided to the energy consumer.
(2)For the purposes of subregulation (1), the products are the following—
(a)a category 46A product;
(b)a category 46B product.".
8Certificate cannot be created unless installed product listed on ESC register
(1)Before regulation 16(1) of the Principal Regulations insert—
"(1AA)This regulation applies to a prescribed activity which involves the installation of a product.".
(2)Regulation 16(5) of the Principal Regulations is revoked.
9Secretary may publish specifications
After regulation 35(1)(a) of the Principal Regulations insert—
"(ab)in relation to an amount that applies to a particular product, or to products of a particular class, for the purposes of regulation 15A; and
(ac)in relation to the information that applies in relation to a particular product, or to products of a particular class, for the purposes of regulation 15B; and".
10New regulations 37A, 37B, 37C and 37D inserted
After regulation 37 of the Principal Regulations insert—
"37A Secretary's product list
(1)The Secretary may establish and keep a list of products that may be sold for the purposes of undertaking a prescribed activity provided for in Part 46 of Schedule 2.
(2)The Secretary—
(a)must make a copy of the Secretary's product list available for inspection at the Department's office locations; and
(b)must publish a copy of the Secretary's product list on the Department's Internet site.
37BWhat is listed on the Secretary's product list
The Secretary must record the following for each product listed on the Secretary's product list—
(a)the product type, brand name, model name or number and any other relevant details sufficient to identify the product;
(b)the category number of the product category to which the product belongs;
(c)the date the product is listed;
(d)if the listing of the product is amended, details of each amendment, including the date the amendment takes effect.
37CSecretary may list a product on the Secretary's product list
(1)The Secretary may list a product on the Secretary's product list as belonging to a product category if the Secretary is satisfied that the product meets the criteria applying to that product category.
(2)The Secretary may suspend a product from the Secretary's product list, pending further investigation, if the Secretary reasonably believes that—
(a)the product no longer meets the criteria applying to the product category which the product is listed as belonging to; or
(b)the product may be unsafe; or
(c)the product may not be of acceptable quality; or
(d)the product may not be fit for its intended purpose; or
(e)any information that the Secretary had regard to, under subregulation (5)(a), in determining whether the product should be listed has become incorrect or was incorrect at the time.
(3)The Secretary may remove a product from the Secretary's product list if the Secretary is satisfied that—
(a)the product no longer meets the criteria applying to the product category which the product is listed as belonging to; or
(b)the product may be unsafe; or
(c)the product may not be of acceptable quality; or
(d)the product may not be fit for its intended purpose; or
(e)any information that the Secretary had regard to, under subregulation (5)(a), in determining whether the product should be listed has become incorrect or was incorrect at the time.
(4)The Secretary may reinstate a listing of a product that has been suspended under subregulation (2) if the Secretary is satisfied that—
(a)the circumstances which gave rise to the suspension have been investigated; and
(b)the product meets the criteria applying to the product category which the product was listed as belonging to.
(5)In determining whether a product should be listed on the Secretary's product list, the Secretary may have regard to the following—
(a)any matters that the Secretary considers relevant;
(b)any advice provided to the Secretary by Energy Safe Victoria with respect to the product.
37DNotification of listing, amendment, suspension, removal or reinstatement
(1)As soon as practicable after the Secretary lists a product on the Secretary's product list, the Secretary must publish a notice of the listing on the Department's Internet site for no less than 3 months.
(2)As soon as practicable after the Secretary amends, suspends, removes or reinstates a listing of a product on the Secretary's product list, the Secretary must publish a notice of the amendment, suspension, removal or reinstatement on the Department's Internet site for no less than 3 months.".
11New Part 46 of Schedule 2 inserted
After Part 45 of Schedule 2 to the Principal Regulations insert—
"PART 46—INDUCTION COOKTOPS AND FREESTANDING COMBINED INDUCTION COOKING PRODUCTS
37Prescribed activity
(1)The prescribed activity is the sale of a product specified in subclause (2) during the period beginning on and including 25 October 2024 and ending on 25 October 2025.
(2)The specified products are products listed on the Secretary's product list as belonging to a product category whose category number is specified in column 1 of Table 46.1.
Table 46.1—Product categories
Column 1
Category number
Column 2
Criteria applying to product category
46A An induction cooktop that—
(a) is of the specified dimensions; and
(b) meets the specified minimum performance requirements; and
(c) meets any specified minimum warranty requirements; and
(d) meets any other requirements of the Secretary's specifications for this item.
46B A freestanding combined induction cooking product that—
(a) is of the specified dimensions; and
(b) meets the specified minimum performance requirements; and
(c) meets any specified minimum warranty requirements; and
(d) meets any other requirements of the Secretary's specifications for this item.
".
12Schedule 3 amended
After clause 45 of Schedule 3 to the Principal Regulations insert—
"46 Induction cooktops and freestanding combined induction cooking products—Schedule 2, Part 46
The time specified for the purposes of regulation 11(1) and (2) for a prescribed activity set out in Part 46 of Schedule 2 is the day on which the induction cooktop or freestanding combined induction cooking product is sold to the energy consumer.".
13Schedule 4 amended
(1)For the heading to Schedule 4 to the Principal Regulations substitute—
"Schedule 4—Limits on the creation of certificates for certain prescribed activities".
(2)In clause 1 of Schedule 4 to the Principal Regulations—
(a)in paragraph (f) of the definition of relevant period, for "activity." substitute "activity; and";
(b)after paragraph (f) of the definition of relevant period insert—
"(g)in respect of a prescribed activity referred to in clause 13, the period beginning on and including 25 October 2024 and ending immediately before a product is sold as part of the prescribed activity.".
(3)After clause 12 of Schedule 4 to the Principal Regulations insert—
"13 Induction cooktops and freestanding combined induction cooking products
A certificate cannot be created in relation to a prescribed activity involving the sale of an induction cooktop or a freestanding combined induction cooking product specified in Part 46 of Schedule 2 if, during the relevant period, an induction cooktop or a freestanding combined induction cooking product specified in Part 46 of Schedule 2 has been sold for installation in the same premises as part of a prescribed activity (whether or not a certificate was created for that activity).".
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ENDNOTES
[1] Reg. 3: S.R. No. 145/2018 as amended by S.R. Nos 145/2018, 142/2020, 97/2021, 153/2021, 171/2021, 37/2022, 93/2022, 25/2023, 60/2023 and 26/2024.
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