Victorian Energy Efficiency Target Regulations 2018 (Vic)
Version No. 018
Victorian Energy Efficiency Target Regulations 2018
S.R. No. 145/2018
Version incorporating amendments as at
29 September 2025
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Revocations
5Definitions
6Products, product categories, category numbers and criteria
7References in Schedule 2 to certain matters being specified
8Standards
9Change in standards
Part 1A—Code of conduct
9APrescribed code of conduct
9BPrescribed code of conduct requirements
Part 2—Prescribed activities
10Prescribed activities
11Time at which prescribed activity is undertaken and reduction in greenhouse gas emissions occurs
12Method and variables for calculating emissions reduced by prescribed activity
14Discount factor
15General conditions and circumstances under which a certificate cannot be created
15ACertificate cannot be created unless co‑payment made
15BCertificate cannot be created unless information provided
16Certificate cannot be created unless installed product listed on ESC register
17Conditions and circumstances under which a certificate cannot be created after decommissioning product
18Conditions and circumstances under which a certificate cannot be created for a lighting upgrade under Part 27
19Conditions and circumstances under which a certificate cannot be created for a lighting upgrade under Part 34
20Determination of illuminance standards for a lighting upgrade under Part 34
21Conditions and circumstances under which a certificate cannot be created for a lighting upgrade under Part 35
22Determination of minimum illuminance standards for a lighting upgrade under Part 35
23Certificate cannot be created in relation to certain prescribed activities involving T5 adaptor
24Certificate cannot be created in relation to certain prescribed activities if maximum exceeded
25Certificate cannot be created in relation to the installation of certain products
26Certificate cannot be created in relation to prescribed activity relating to weather sealing
27Certificate cannot be created for activities in relation to prescribed activity in scheduled activity premises
28Notice of intention to undertake prescribed activity at scheduled activity premises
29ESC register
30What is listed on the ESC register
31ESC may list a product on the ESC register
32Application to the ESC to list a product on the ESC register
33Determination of application
34Notification for new and amended listing
35Secretary may publish specifications
36Determinations of ESC in relation to certain matters
37Evidence of installation of certain products
37ASecretary's product list
37BWhat is listed on the Secretary's product list
37CSecretary may list a product on the Secretary's product list
37DNotification of listing, amendment, suspension, removal or reinstatement
Part 3—General
38Prescribed greenhouse gas scheme
40Scheme acquisition
41Shortfall penalty rate
41AVEET scheme target
Part 4—Transitional provisions
Division 1—Preliminary
42Definitions
Division 2—Listing of products
43Transition of listing of products listed by old product category numbers
44Transition of listing of water heaters
45Temporary transition of listing of other products
46Transition of listing of products listed by old product category number subject to ESC determination
47Other listing powers not affected
48Existing applications
Division 3—Incandescent lighting
48ARemoval of items relating to incandescent lighting from ESC register
Part 5—Amendment of Victorian Energy Efficiency Target (Project‑Based Activities) Regulations 2017
49Amendment of Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017
Schedule 1—Regulations revoked
Schedule 2—Prescribed activities
Schedule 3—Time at which activity undertaken and reduction in greenhouse gas emissions occurs
Schedule 4—Limits on the creation of certificates for certain prescribed activities
Schedule 5—Scheduled activity premises
Schedule 6—Code of conduct
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 018
Victorian Energy Efficiency Target Regulations 2018
S.R. No. 145/2018
Version incorporating amendments as at
29 September 2025
PART 1—PRELIMINARY
1Objectives
The objectives of these Regulations are to provide for—
(a)activities that result in a reduction of greenhouse gas emissions that would not otherwise have occurred if the activities were not undertaken; and
(b)the shortfall penalty rate; and
(c)the method and variables to calculate the carbon dioxide equivalent of greenhouse gases to be reduced by a prescribed activity; and
(d)any other matter or thing authorised or required to be prescribed or necessary to be prescribed for carrying the Act into effect.
2Authorising provision
These Regulations are made under section 75 of the Victorian Energy Efficiency Target Act 2007.
3Commencement
(1)These Regulations (except regulations 10(3)(c) and (5), 16(4) and 25, Parts 37 to 42 of Schedule 2 and clauses 37 to 42 of Schedule 3, come into operation on 10 December 2018.
(2)Regulations 10(3)(c) and (5), 16(4) and 25, Parts 37 to 42 of Schedule 2 and clauses 37 to 42 of Schedule 3 come into operation on 1 March 2019.
4Revocations
(1)The Victorian Energy Efficiency Target Regulations 2008[1] are revoked.
(2)The Regulations listed in Schedule 1 are revoked.
5Definitions
In these Regulations—
accredited body, in relation to a product, means a body accredited under the Joint Accreditation System of Australia and New Zealand to give product certification or component certification of a product;
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;
air source heat pump water heater means a heat pump water heater with an evaporator which collects latent energy and sensible heat from the atmosphere;
AMI metering installation means a remotely read interval meter that complies with the requirements set out in the Secretary's specifications for the purposes of this definition;
approved inverter means an inverter the model of which is an approved eligible model under regulation 20AC(9) of the Renewable Energy (Electricity) Regulations 2001 of the Commonwealth;
approved laboratory means a laboratory that is—
(a)accredited by the National Association of Testing Authorities; or
(b)registered by an authority recognised by the National Association of Testing Authorities under a mutual recognition agreement;
approved photovoltaic module means a photovoltaic module the model of which is an approved eligible model under regulation 20AC(10) of the Renewable Energy (Electricity) Regulations 2001 of the Commonwealth;
Building Code means the Building Code of Australia within the meaning of section 3(1) of the Building Act 1993;
category number has the meaning given by regulation 6(2)(b);
central electric resistance heater means a heater that—
(a)uses electric resistance to create heat; and
(b)is controlled from a central point; and
(c)distributes heat throughout a building or residence by pipes, cables or ducts; and
(d)is able to heat multiple rooms concurrently;
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);
* * * * *
cold room means a refrigerated room or structure where goods are stored at temperatures below 7 degrees Celsius but does not include—
(a)a refrigerated cabinet; or
(b)equipment or a product used exclusively for medical, scientific, or research purposes; or
(c)a portable or mobile room, structure or container;
* * * * *
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;
control gear means a device for the control of one or more light sources but does not include a lighting control device;
Examples
Ballasts, transformers, capacitors and step-down converters such as drivers.
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;
criteria, in relation to a product category, has the meaning given by regulation 6(2)(c);
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;
Department means the Department of Energy, Environment and Climate Action;
discount factor, in relation to a prescribed activity, is the factor declared under section 19(4) of the Act as applying to that activity;
Distribution Network Service Provider has the same meaning as it has in the National Electricity Rules;
* * * * *
economizer has the same meaning as in AS 1228;
electronic ballast means a mains-supplied AC to DC inverter for starting and operating one or more light sources generally at a high frequency;
electronic expansion valve means an electrically driven device which regulates the flow of volatile refrigerant into an evaporator of a refrigeration system;
electronically commutated motor means a permanent magnet motor with electronic commutation;
energy consumer, in relation to a prescribed activity, means the person who is the consumer of electricity or gas in respect of whom a prescribed activity is undertaken within the meaning of section 16 of the Act;
ESC Internet site means the Internet site of the ESC;
ESC register means the register kept by the ESC under regulation 29;
evaporator is a heat exchanger in which liquid refrigerant is vaporised by absorbing heat from the substance to be cooled;
excluded inverter means an approved inverter that is subject to a determination under regulation 36(6A);
excluded photovoltaic module means an approved photovoltaic module that is subject to a determination under regulation 36(6A);
* * * * *
flue or chimney balloon means a device that, when inflated, is intended to block the movement of air in a chimney or flue;
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;
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;
gas/air ratio control has the same meaning as in AS 3814;
gas-fired burner means a burner within the meaning of AS 3814 but does not include a burner that uses a fuel other than a gas within the meaning of section 3(1) of the Gas Safety Act 1997;
gas-fired hot water boiler means a hot water boiler within the meaning of AS 3814 but does not include—
(a)a boiler with burners (as defined in AS 3814) that use a fuel other than a gas within the meaning of section 3(1) of the Gas Safety Act 1997; or
(b)a steam boiler as defined in AS 3814;
gas-fired steam boiler means a steam boiler within the meaning of AS 3814 but does not include—
(a)a boiler with burners (as defined in AS 3814) that use a fuel other than a gas within the meaning of section 3(1) of the Gas Safety Act 1997; or
(b)a hot water boiler or a water heater as defined in AS 3814;
gas-fired water heater means a water heater within the meaning of AS 3814 but does not include—
(a)a storage water heater or an instantaneous water heater as defined in AS 4552–2005 Gas fired water heaters for hot water supply and/or central heating published by Standards Australia on 8 December 2005 (superseded); or
(b)a storage water heater or an instantaneous water heater as defined in AS/NZS 5263.1.2;
glazing has the same meaning as in Part 1.1.1 of Volume Two of the Building Code;
hard-wired electric heater includes—
(a)a hard-wired electric convection heater; and
(b)a storage electric heater;
heat pump water heater means a water heater that uses a vapour compression cycle and which incorporates a compressor, an evaporator and a condenser that delivers heat to water either directly or indirectly;
home energy rating assessment means an assessment and rating of the energy efficiency of a residential premises;
IEC 60034-2-1 means IEC 60034-2-1 Ed. 2.0 Rotating electrical machines–Part 2-1: Standard methods for determining losses and efficiency from tests (excluding machines for traction vehicles), published by the International Electrotechnical Commission on 27 June 2014;
* * * * *
IEC/TS 60034-31 means IEC/TS 60034-31 Ed. 1.0 Rotating electrical machines–Part 31: Selection of energy-efficient motors including variable speed applications—Application guide, published by the International Electrotechnical Commission on 26 April 2010;
illuminance means the amount of light that falls on a surface per unit area (measured in lux);
* * * * *
* * * * *
in-home display means a device situated in any premises that gives a visual indication of electricity consumption at those premises;
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;
LED means light emitting diode;
LED integrated luminaire means a product that contains a LED device and the equipment required to distribute, filter or transform the light being transmitted and includes—
(a)all parts necessary for supporting, fixing and protecting the product and for connecting the product to the electricity supply; and
(b)any lighting control device for the product;
* * * * *
* * * * *
licensed or registered plumber means a licensed plumber or registered plumber within the meaning of section 221B(1) of the Building Act 1993 who is authorised under that Act to carry out refrigerated air‑conditioning work as prescribed in the Plumbing Regulations 2018;
light output means the luminous flux emitted by a lamp or luminaire (measured in lumens);
light source means—
(a)in relation to a non-integrated luminaire, the lamp fitted to the luminaire; or
(b)in relation to a LED integrated luminaire, the whole luminaire;
light source efficacy means the initial luminous flux of a light source or the total radiant flux in the visible spectrum weighted by the spectral response of the eye, divided by the electric power that will be consumed by the light source but excluding any remote ballast and control gear power losses;
lighting control device means a device that is used to control the light output of a luminaire;
Examples
Occupancy sensors, daylight-linked controls, programmable dimmers, manual dimmers and voltage reduction units.
lighting equipment includes—
(a)lamps; and
(b)luminaires; and
(c)lighting control devices; and
(d)control gear;
listed, in relation to a product, has the meaning given by regulation 6(3);
luminaire means a non-integrated luminaire or a LED integrated luminaire;
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);
manual dimmer means a lighting control device that allows a user to manually control a luminaire's output using a readily accessible knob, slider or other mechanism;
National Electricity Rules has the same meaning as it has in the Electricity Industry Act 2000;
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;
National Metering Identifier has the same meaning as NMI has in the National Electricity Rules;
negotiated connection contract has the same meaning as it has in Chapter 5A of the National Electricity Rules;
nominal gas consumption has the same meaning as in AS 3814;
* * * * *
non-integrated luminaire means a device that distributes, filters or transforms the light transmitted from one or more lamps that are separate from the device and includes all parts necessary for fixing and protecting the lamps and for connecting the lamps to the electricity supply;
occupancy sensor means a lighting control device that uses a motion sensor to detect the presence of people in a space and adjusts the output of a luminaire in that space accordingly;
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;
product includes appliance, equipment and material;
product category has the meaning given by regulation 6(2)(a);
programmable dimmermeans a lighting control device that can automatically select a luminaire's light output according to the time of day;
* * * * *
refrigerated cabinet means a device that—
(a)consists of an insulated cabinet with an opening (whether or not the opening has a lid or a door); and
(b)is capable of attaining and maintaining a specified temperature within the insulated cabinet within a range that overlaps the range -18°C to +10°C; and
(c)is designed primarily for storage, display, or both storage and display, of chilled or frozen foodstuffs;
refrigeration system means an assembly of parts used to cool a space, substance or system to lower than the ambient temperature;
residential premises means—
(a)a building classified as a Class 1 building under Part A6 of Volume One of the Building Code; or
(b)a sole-occupancy unit in a building classified as a Class 2 building under Part A6 of Volume One of the Building Code; or
(c)a sole-occupancy unit in a building classified as a Class 3 building under Part A6 of Volume One of the Building Code; or
(d)a building classified as a Class 4 building under Part A6 of Volume One of the Building Code;
R-valuemeans the thermal resistance (m2K/W) of a component calculated by dividing its thickness by its thermal conductivity;
saturation temperature means the temperature at which a refrigerant changes between a liquid state and a vapour state;
scheduled activity premises means the following—
(a)the premises at the addresses specified in column 2 of the Table in Part 1 of Schedule 5;
(b)the premises specified in column 2 of the Table in Part 2 of Schedule 5;
(c)any other premises in relation to which there was, on 29 June 2014, an entry on the register of scheduled activities kept under section 26G of the Environment Protection Act 1970 as in force immediately before that day;
Note
29 June 2014 is the day before the day on which section 17 of the Environment Protection and Sustainability Victoria Amendment Act 2014 came into operation. That section repealed section 26G of the Environment Protection Act 1970, under which the register of scheduled activities was kept.
Secretary means the Secretary to the Department;
Secretary's product list means the product list kept by the Secretary under regulation 37A;
Secretary's specifications means the specifications published by the Secretary under regulation 35;
sensing apparatus means the apparatus from which an in-home display is capable of obtaining the total electricity consumption information for residential premises and includes the following—
(a)an AMI metering installation;
(b)a power coil;
sole-occupancy unit has the same meaning as it has in Schedule 1 to Volume One of the Building Code;
space heating or cooling product means—
(a)a ducted gas heater; or
(b)a gas or liquefied petroleum gas room heater; or
(c)a ducted evaporative cooler; or
(d)a room air to air heat pump; or
(e)a ducted air to air heat pump; or
(f)a central electric resistance heater; or
(g)any other product designed to heat or cool spaces within premises;
specified, in Schedule 2, has the meaning given by regulation 7;
superheat, in relation to a refrigeration system, means the difference in temperature between—
(a)the saturation temperature corresponding to the pressure measured at the outlet of an evaporator of a refrigeration system; and
(b)the temperature of the refrigerant vapor when leaving the outlet of an evaporator;
superheat controller means a device responsive to changes of pressure or temperature or other variables for the regulation of superheat in a refrigeration system in normal operation;
supply voltage has the same meaning as in AS 60038;
T5 adaptoris a product that enables a luminaire that houses a T8 or T12 lamp to use a T5 lamp;
table of product categories has the meaning given by regulation 6(1);
tariff means tariff for the sale of electricity;
the Actmeans the Victorian Energy Efficiency Target Act 2007;
three-phase cage induction motor means a motor—
(a)with a rating in the range from (and including) 0·73 kW to (but not including) 185 kW; and
(b)to which the Greenhouse and Energy Minimum Standards (Three Phase Cage Induction Motors) Determination 2012 (as amended from time to time), made under section 23 of the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth, applies;
Total U-value means the thermal transmittance (W/m2K) of the composite element allowing for the effect of any airspace and associated surface resistances;
* * * * *
* * * * *
Type B appliance has the same meaning as in the Gas Safety Act 1997;
unlisted product means a product that is not listed on the ESC register;
voltage reduction unit means a lighting control device that reduces the voltage applied to a luminaire after the luminaire is switched on but does not include a product that adjusts the supply voltage to any premises to a specific bandwidth;
warranty against defects has the same meaning as it has in the Australian Consumer Law (Victoria);
WERS means the Window Energy Rating Scheme managed by the Australian Window Association;
window includes glass roof light, glass panel, glass block, glass brick, glazed sash, glazed part of a door or similar glass product that, when closed, transmits natural light but does not include a louvred product.
6Products, product categories, category numbers and criteria
(1)In these Regulations, each Table in Schedule 2 that is headed "Product categories" is a table of product categories.
(2)For each item in a table of product categories—
(a)the item itself is a product category; and
(b)the category number set out in column 1 is the category number for that product category; and
(c)the criteria set out in column 2 is the criteria applying to that product category.
(3)In these Regulations, a reference to "category" followed by a category number and the word "product"—
(a)refers to a product listed on the ESC register as belonging to a product category with that category number; and
(b)unless the reference is preceded by the word "listed", also refers to an unlisted product that complies with the criteria applying to that product category.
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
(1)In Schedule 2—
(a)a reference to a specified matter listed in subregulation (2) is a reference to that matter as set out in the Secretary's specifications; and
(b)if that reference is made in relation to a particular product, the reference is to that matter as set out in the Secretary's specifications in respect of that product.
(2)Subregulation (1) applies in relation to the following matters—
(a)decommissioning requirements;
(b)flue design requirements;
(c)heat pump modelling requirements;
(ca)pre-installation requirements;
(d)installation requirements;
(e)lighting equipment;
(f)maximum Total-U value;
(g)minimum annual energy savings;
(h)minimum beam angle;
(i)minimum effective energy efficiency ratio;
(j)minimum lifetime rating;
(k)minimum light source efficacy levels;
(l)minimum performance requirement;
(m)minimum R-value;
(n)minimum star rating;
(o)minimum thermal efficiency requirements;
(p)product disposal requirements;
(q)refrigerant requirements;
(r)volume range;
(s)minimum delivery temperature;
(t)minimum warranty requirements;
(u)dimensions;
(v)inverter requirements;
(w)photovoltaic module requirements.
8Standards
In these Regulations, unless the contrary intention appears, a reference to an Australian Standard or an Australian/New Zealand Standard is a reference to that Standard as issued or published from time to time.
9Change in standards
(1)This regulation applies if—
(a)a provision of these Regulations refers to an Australian Standard or an Australian/New Zealand Standard as issued or published from time to time; and
(b)the Standard is amended.
(2)For a period of 6 months beginning on the day on which the Standard is amended, compliance with the Standard as in force before the amendment is, for the purpose of the provision referred to in subregulation (1)(a), taken to be compliance with the Standard as amended.
PART 1A—CODE OF CONDUCT
9APrescribed code of conduct
For the purposes of section 14G of the Act, the prescribed code of conduct is the code of conduct set out in Schedule 6.
9BPrescribed code of conduct requirements
(1)For the purposes of section 14H of the Act, the prescribed code of conduct requirements are the requirements set out in the following provisions of Schedule 6—
(a)clause 9(1) (requirement to wear identification card);
(b)clause 11A (requirement not to contact person who has requested not to be contacted);
(ba)clause 11B(1)(a) (requirement not to carry out lead generation or marketing while on a telephone call);
(bb)clause 11B(1)(b) (requirement not to require or permit an employee, an agent or a contractor to carry out lead generation or marketing while on a telephone call);
(bc)clause 11B(1)(c) (requirement not to acquire contact details obtained as the result of a telephone call by a third party to a person who has expressed interest in a prescribed activity);
(bd)clause 12(1)(a) (requirement not to call at a person's residence or business premises for lead generation or marketing);
(be)clause 12(1)(b) (requirement not to require or permit an employee, an agent or a contractor to call on a person's residence or business premises for lead generation or marketing);
(bf)clause 12(1)(c) (requirement not to acquire contact details obtained as the result of a third party calling on a person who has expressed interest in a prescribed activity at the person's ordinary place of residence or business premises);
(c)clause 13A(1) (requirement to inform person that VEET scheme is voluntary);
(d)clause 13A(2) (requirement to inform person about code of conduct and to give copy on request);
(e)clause 13A(3) (requirement to give person dispute resolution information);
(f)clause 13A(4) (requirement to offer person copy of VEET scheme consumer factsheet);
(g)clause 17 (requirement to ensure energy consumer is given statement of rights and obligations);
(h)clause 18(1) (requirement to ensure energy consumer is given information about terms and conditions of contract);
(i)clause 20(1) (requirement to ensure contract for supply of prescribed activity sets out scheduling of undertaking and completion);
(j)clause 21 (requirement to ensure energy consumer is provided with certain information);
(k)clause 26 (requirement to give energy consumer certain information on completion of prescribed activity);
(l)clause 28(1) (requirement to ensure dispute resolution framework is in place).
(2)A summary of a requirement included in a paragraph of subregulation (1)—
(a)is for convenience of reference only; and
(b)does not alter the requirement as set out in the provision of Schedule 6 to which it relates.
PART 2—PRESCRIBED ACTIVITIES
10Prescribed activities
(1)For the purposes of section 15(1) of the Act, an activity set out in any of the following Parts of Schedule 2 that is undertaken in any premises in compliance with that Part is a prescribed activity—
* * * * *
* * * * *
(c)Parts 12 to 14;
(d)Part 17;
(e)Parts 22 to 26;
(f)Part 28.
(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.
(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.
(2)For the purposes of section 15(1) of the Act, an activity set out in Part 30 of Schedule 2 that is undertaken in residential premises in compliance with that Part is a prescribed activity.
(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.
(3)For the purposes of section 15(1) of the Act, an activity set out in any of the following Parts of Schedule 2 that is undertaken in business premises or other non-residential premises in compliance with that Part is a prescribed activity—
(a)Part 27;
(b)Parts 31 to 36;
(c)Parts 37 to 44.
(3A)For the purposes of section 15(1) of the Act, an activity set out in Part 47 of Schedule 2 that is undertaken in business premises or other non‑residential premises (excluding 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.
(4)For the purposes of section 15(1) of the Act, an activity set out in Part 34, 37, 38, 39, 40, 41, 42 or 44 of Schedule 2 is also a prescribed activity if it is undertaken in compliance with that Part in the common areas of a building that is classified under Part A6 of Volume One of the Building Code as a Class 2 or 3 building.
(5)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—
(a)classified under Part A6 of Volume One of the Building Code as a Class 1a or 2 building; and
(b)not situated on retirement village land within the meaning of the Retirement Villages Act 1986.
* * * * *
* * * * *
(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.
11Time at which prescribed activity is undertaken and reduction in greenhouse gas emissions occurs
(1)For the purposes of section 17(1) of the Act, a prescribed activity referred to in regulation 10 is taken to have been undertaken at the time specified in Schedule 3 in relation to that activity.
(2)For the purposes of section 17(2) of the Act, a reduction in greenhouse gas emissions that results from a prescribed activity referred to in regulation 10 is taken to have occurred at the time specified in Schedule 3 in relation to that activity.
12Method and variables for calculating emissions reduced by prescribed activity
For the purposes of section 18 of the Act, the method and variables to be used to calculate the carbon dioxide equivalent of greenhouse gases to be reduced by a prescribed activity referred to in regulation 10 are the methods and variables set out in the Secretary's specifications in relation to that prescribed activity.
* * * * *
14Discount factor
If a declaration specifying a discount factor in respect of a prescribed activity is in effect, the calculation of the carbon dioxide equivalent of greenhouse gases to be reduced by the activity as determined in accordance with the Secretary's specifications must be multiplied by that discount factor.
15General conditions and circumstances under which a certificate cannot be created
(1)A certificate cannot be created in relation to a prescribed activity in the following circumstances—
(a)if the prescribed activity is undertaken as a performance requirement under the Building Code in relation to the premises in which the activity is undertaken;
(b)if, at the time the prescribed activity is undertaken, the person proposing to create the certificate is a person whose accreditation under Division 1 of Part 3 of the Act is suspended;
(c)if the prescribed activity is not undertaken in accordance with the provisions of the Australian Consumer Law (Victoria), the Electricity Safety Act 1998, the Gas Safety Act 1997, the Occupational Health and Safety Act 2004 or the Building Act 1993 or the regulations under any of those Acts.
(2)A certificate cannot be created in relation to a prescribed activity if the code of conduct has not been complied with by each person who undertakes the following—
(a)the prescribed activity or any part of the prescribed activity;
(b)any regulated action associated with the prescribed activity.
15ACertificate 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;
(ka)a category 31A product;
(kb)a category 31B product;
(l)a category 43B product;
(m)a category 44A product;
(n)a category 46A product;
(o)a category 46B product;
(p)a category 47A product;
(q)a category 47B 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.
16Certificate cannot be created unless installed product listed on ESC register
(1AA)This regulation applies to a prescribed activity which involves the installation of a product.
(1)A certificate cannot be created in relation to a prescribed activity unless the product installed as part of the activity is listed on the ESC register at the time the certificate is to be created.
(2)Subregulation (1) does not apply in relation to a prescribed activity involving the installation of any of the following products if, at the time of installation, the product (or the model of the product) was registered under Part 5 of the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth—
* * * * *
(c)a category 22A product;
(d)a category 22B product;
(e)a category 22C product;
(f)a category 22D product;
(g)a category 24A product;
(h)a category 25A product;
(i)a category 31A product;
(j)a category 32A product.
(3)Subregulation (1) does not apply in relation to a prescribed activity involving the installation of any of the following products if, at the time of installation, the product is a device listed on the National Electricity Market Load Tables for Unmetered Connection Points published by the Australian Energy Market Operator from time to time—
(a)a category 27A product;
(b)a category 27B product.
(4)Subregulation (1) does not apply in relation to a prescribed activity involving the installation of—
(a)a category 37A product; or
(b)a category 38A product; or
(c)a category 39A product; or
(d)a category 40A product; or
(e)a category 41A product; or
(f)a category 42A product; or
(g)a category 43A product; or
(h)a category 43B product; or
(i)a category 43C product.
(5)Subregulation (1) does not apply in relation to a prescribed activity involving the installation of any of the following products if, at the time of installation, the product is comprised of one or more approved inverters and one or more approved photovoltaic modules—
(a)a category 47A product;
(b)a category 47B product.
17Conditions and circumstances under which a certificate cannot be created after decommissioning product
(1)A certificate cannot be created in relation to a prescribed activity that requires the decommissioning of a product (however described) unless the ESC is provided with—
(a)a decommissioning declaration made by the energy consumer in respect of whom the prescribed activity is undertaken; and
(b)a decommissioning declaration made by the person who proposes to create the certificate.
(2)The decommissioning declaration must—
(a)state that the decommissioned product was not installed for the purpose of decommissioning it as part of the prescribed activity; and
(b)be made in accordance with the ESC requirements for decommissioning declarations determined under regulation 36(2).
(3)A certificate cannot be created in relation
to a prescribed activity that requires the decommissioning of lighting equipment that is of a type in respect of which the ESC has made a determination under regulation 36(3) unless the lighting equipment is disposed of in a waste disposal facility that is of a class determined by the ESC under that regulation.
18Conditions and circumstances under which a certificate cannot be created for a lighting upgrade under Part 27
A certificate cannot be created in relation to a prescribed activity that is a lighting upgrade referred to in Part 27 of Schedule 2 unless—
(a)a lighting design has been prepared for the lighting upgrade which—
(i)is prepared by a lighting designer who is qualified to undertake the lighting design; and
(ii)sets out the location and specifications of all existing street lights in the area to which the lighting design applies; and
(iii)sets out the location and specifications of all lighting equipment to be installed in the area to which the lighting design applies; and
(iv)includes a declaration by the lighting designer stating that—
(A)the light output of the lighting upgrade specified in the lighting design complies with the relevant part or parts of AS/NZS 1158; or
(B)if the light output of the lighting upgrade specification in the lighting design deviates from AS/NZS 1158, the deviations are justified in accordance with the Standard and setting out the reasons why the deviations are justified; and
(b)the energy consumer has demonstrated acceptance of the lighting design in accordance with the determination of the ESC under regulation 36(1)(b).
19Conditions and circumstances under which a certificate cannot be created for a lighting upgrade under Part 34
A certificate cannot be created in relation to a lighting upgrade that is a prescribed activity referred to in Part 34 of Schedule 2 unless—
(a)either—
(i)the lighting upgrade achieves the minimum illuminance required by the relevant part of AS/NZS 1680; or
(ii)the ESC has determined under regulation 20 that the lighting upgrade is not required to achieve that minimum illuminance; and
(b)either—
(i)the lighting upgrade achieves the recommended level of maintained illuminance specified in the relevant part of AS/NZS 1680; or
(ii)the ESC has determined under regulation 20 that the lighting upgrade is not required to achieve the recommended level of maintained illuminance.
20Determination of illuminance standards for a lighting upgrade under Part 34
(1)A person may apply to the ESC for a determination that—
(a)a lighting upgrade is not required to achieve the minimum illuminance specified in the relevant part of AS/NZS 1680; or
(b)a lighting upgrade is not required to achieve the recommended level of maintained illuminance specified in the relevant part of AS/NZS 1680.
(2)The application must—
(a)be made in the manner and form determined by the ESC under regulation 36(4); and
(b)specify why it is unreasonable to expect the lighting upgrade to achieve the minimum illuminance or recommended level of maintained illuminance.
(3)On an application under subregulation (1), the ESC must determine that the lighting upgrade is not required to achieve the minimum illuminance or recommended level of maintained illuminance if it is satisfied that it is unreasonable to expect the lighting upgrade to achieve that minimum or level.
21Conditions and circumstances under which a certificate cannot be created for a lighting upgrade under Part 35
A certificate cannot be created in relation to a lighting upgrade that is a prescribed activity referred to in Part 35 of Schedule 2 unless—
(a)a lighting design has been prepared for the lighting upgrade which—
(i)is prepared by a lighting designer who is qualified to undertake the lighting design; and
(ii)meets the lighting design requirements determined by the ESC under regulation 36(1)(a); and
(iii)if the lighting upgrade is of a kind for which AS/NZS 1158 is designed, includes a declaration by the lighting designer that the light output of the lighting upgrade specified in the lighting design complies with the relevant part or parts of AS/NZS 1158 or, if the light output of the lighting upgrade specified in the lighting design deviates from that standard—
(A)that the deviations are justified in accordance with that standard, setting out the way in which the deviations are justified; and
(B)that the lighting design provides for the light output of the upgrade lamp or luminaire to be either equivalent or superior to the replaced lamp or luminaire; and
(iv)if the lighting upgrade is of a kind for which AS 2560 is designed, includes a declaration by the lighting designer that the light output of the lighting upgrade specified in the lighting design—
(A)complies with the relevant part or parts of AS 2560; or
(B)specifies why it is unreasonable to expect the lighting upgrade to achieve the requirements of that standard; and
(v)if the lighting upgrade is not of a kind for which AS/NZS 1158 or AS 2560 is designed, includes a declaration by the lighting designer that the lighting design complies with the minimum illuminance standards determined by the ESC under regulation 22; and
(b)the energy consumer has demonstrated acceptance of the lighting design in accordance with the determination of the ESC under regulation 36(1)(b).
22Determination of minimum illuminance standards for a lighting upgrade under Part 35
(1)A person may apply to the ESC for a determination of the minimum illuminance standards that a lighting design is required to meet if the lighting design is not of a kind for which AS/NZS 1158 or AS 2560 is designed.
(2)The application must be made in the manner and form determined by the ESC under regulation 36(4).
(3)On an application under subregulation (1), the ESC must determine the minimum illuminance standards that the lighting design is required to meet.
23Certificate cannot be created in relation to certain prescribed activities involving T5 adaptor
A certificate cannot be created in relation to a prescribed activity referred to in Part 27, 34 or 35 of Schedule 2 if a T5 adaptor will be installed as part of the activity.
24Certificate cannot be created in relation to certain prescribed activities if maximum exceeded
Schedule 4 has effect.
Note
Schedule 4 sets out the maximum number of installations of specified products in residential premises for which certificates can be created. Schedule 4 also sets out the maximum number of home energy rating assessments for which certificates can be created.
25Certificate cannot be created in relation to the installation of certain products
(1)A certificate cannot be created in relation to a prescribed activity referred to in Part 39 of Schedule 2 if more than one electronic gas/air ratio control is installed on a particular burner on a gas-fired steam boiler, gas-fired hot water boiler or gas-fired water heater.
(2)A certificate cannot be created in relation to a prescribed activity referred to in Part 39 of Schedule 2 if the electronic gas/air ratio control is installed on a burner on a gas-fired steam boiler, gas-fired hot water boiler or gas-fired water heater as part of a prescribed activity referred to in Part 37, 38 or 41 of Schedule 2.
(3)A certificate cannot be created in relation to a prescribed activity referred to in Part 40 of Schedule 2 if more than one combustion trim system is installed in a particular electronic gas/air ratio control system on a gas‑fired steam boiler, gas-fired hot water boiler or gas-fired water heater.
(4)A certificate cannot be created in relation to a prescribed activity referred to in Part 40 of Schedule 2 if the combustion trim system is installed on a gas-fired steam boiler, gas-fired hot water boiler or gas-fired water heater as part of a prescribed activity referred to in Part 37 or 38 of Schedule 2.
26Certificate cannot be created in relation to prescribed activity relating to weather sealing
(1)A certificate cannot be created in relation to a prescribed activity referred to in Part 15 of Schedule 2 that involves undertaking a weather sealing activity referred to in item 15.6 or 15.7 of Table 15.1 of Schedule 2 if the ESC is satisfied that the premises in which the activity is undertaken are not predominantly heated by gas or electricity.
(2)A certificate cannot be created in relation to a prescribed activity referred to in Part 15 of Schedule 2 involving the installation of any of the following products at any premises if a certificate has previously been created in respect of an activity that consists of installing a product belonging to that product category at those premises—
(a)a category 15A product;
(b)a category 15B product;
(c)a category 15C product;
(d)a category 15D product;
(e)a category 15E product;
(f)a category 15F product;
(g)a category 15G product;
(h)a category 15H product;
(i)a category 15I product.
27Certificate cannot be created for activities in relation to prescribed activity in scheduled activity premises
A certificate cannot be created in relation to a prescribed activity undertaken in scheduled activity premises unless the activity is undertaken on or after the day on which a notice is given in relation to those premises in accordance with regulation 28.
28Notice of intention to undertake prescribed activity at scheduled activity premises
(1)The person specified in subregulation (2) for any scheduled activity premises may, by written notice, notify the ESC that the person intends to undertake a prescribed activity at the scheduled activity premises.
(2)The person who may give the notice for the scheduled activity premises is—
(a)if the scheduled activity premises are occupied by, or in the control of, a body corporate, the chief financial officer (however described) for the body corporate; or
(b)otherwise, the occupier of the scheduled activity premises.
(3)On receiving a notice under subregulation (1), the ESC must publish the following on the ESC Internet site—
(a)if the scheduled activity premises are occupied by, or in the control of, a body corporate, the name of the body corporate;
(b)the address of the scheduled activity premises;
(c)the day on which the notice is given.
29ESC register
(1)The ESC must establish and keep a register of products that may be installed for the purposes of undertaking a prescribed activity.
(2)The ESC—
(a)must make the register available for inspection at its office; and
(b)must publish a copy of the register on the ESC Internet site.
30What is listed on the ESC register
The ESC must record the following for each product listed on the ESC register—
(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 prescribed activity to which the product relates;
(d)the date the product is listed on the ESC register;
(e)if the listing of the product is amended, details of each amendment, including the date the amendment takes effect.
31ESC may list a product on the ESC register
(1)The ESC may list a product on the ESC register as belonging to a product category if the ESC is satisfied that the product meets the criteria applying to that product category.
(2)The ESC must remove a product from the ESC register if the ESC is satisfied the product does not meet the criteria applying to the product category for which the product was listed.
(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 Safe Victoria with respect to the product.
32Application to the ESC to list a product on the ESC register
(1)A person may apply to the ESC to list a product on the ESC register.
(2)An application under subregulation (1) must—
(a)be made in the manner and form determined by the ESC under regulation 36(4); and
(b)include—
(i)the prescribed activity for which the person proposes that the product be installed; and
(ii)the product type, brand name, model name or number and any other relevant details sufficient to identify the product; and
(iii)the product category to which the person proposes that the product belong.
(3)The ESC may require a person who makes an application under subregulation (1) to provide further information in relation to the application.
33Determination of application
(1)On an application under regulation 32 made in respect of a particular product, the ESC must list the product on the ESC register as belonging to a product category if the ESC is satisfied that the product meets the criteria applying to that product category.
(2)If the ESC lists a product under subregulation (1), the ESC must notify the applicant within 14 days after the day the ESC lists the product.
(3)If the ESC refuses to list a product under subregulation (1), the ESC must notify the applicant and provide reasons for the decision within 14 days after the day the ESC refuses the application.
34Notification for new and amended listing
(1)As soon as practicable after the ESC lists a product on the ESC register, the ESC must publish a notice of the listing on the ESC Internet site for no less than 3 months.
(2)If the ESC amends a listing of a product on the ESC register, as soon as practicable after the amendment is made, the ESC must publish a notice of amendment of the listing on the ESC Internet site for no less than 3 months.
35Secretary may publish specifications
(1)The Secretary may publish specifications—
(a)for determining the method and variables to be used to calculate the carbon dioxide equivalent of greenhouse gases to be reduced by a prescribed activity; and
(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
(b)in relation to any other matter that these Regulations provide may be included in the specifications.
(2)The specifications must be consistent with any determinations of the ESC under regulation 36(5).
Note
Under regulation 36(5), the ESC may determine certain matters that are relevant to calculating the carbon dioxide equivalent of greenhouse gases to be reduced by certain prescribed activities.
(3)The specifications may apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body as formulated, issued, prescribed or published on or before the day on which the specifications applying, adopting or incorporating the matter are published.
(4)The Secretary must ensure that the specifications are—
(a)published on the Department's Internet site; and
(b)made available for public inspection at the Department's offices during ordinary office hours free of charge.
36Determinations of ESC in relation to certain matters
(1)The ESC must determine the following for the purposes of regulations 18 and 21—
(a)lighting design requirements;
(b)the required manner for demonstrating that an energy consumer accepts a lighting design;
(c)the experience or qualifications or other requirements necessary for a person to be qualified to undertake a lighting design.
(2)The ESC may determine the requirements for decommissioning declarations under regulation 17(2).
(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.
(4)The ESC may determine the manner and form of applications under regulations 20, 22 and 32.
(5)The ESC may make determinations in respect of the following for the purpose of calculating the carbon dioxide equivalent of greenhouse gases to be reduced by the following prescribed activities—
(a)for a prescribed activity referred to in Part 27, 34 or 35 of Schedule 2, the lamp circuit power for a light source to be decommissioned, replaced or installed;
(b)for a prescribed activity referred to in Part 34 or 35 of Schedule 2, the performance requirements to apply in relation to measurements, testing or ratings.
(6)The ESC may make determinations in respect of the following for the purposes of Parts 27, 30, 34 and 35 of Schedule 2—
(a)performance requirements for products and the installation of products;
(b)minimum power factors for products;
(c)minimum standards for lighting equipment;
(d)approval of laboratory tests;
(e)approval of encrypted communication protocols;
(f)the suitability of a product to replace a decommissioned product.
(6A)The ESC may determine that an approved inverter or an approved photovoltaic module is excluded from a prescribed activity set out in Part 47 of Schedule 2 if the ESC reasonably believes that the inverter or the photovoltaic module—
(a)may be unsafe; or
(b)may not be of acceptable quality; or
(c)may not be fit for its intended purpose; or
(d)does not meet any inverter requirements or photovoltaic module requirements (as the case may be) set out in the Secretary's specifications.
(6B)In determining whether or not to make a determination under subregulation (6A), 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 Safe Victoria with respect to the inverter or the photovoltaic module.
(6C)The ESC may revoke a determination under subregulation (6A) if the ESC is satisfied that the matters that gave rise to the determination under subregulation (6A) have been investigated and resolved.
(7)A determination under subregulation (1), (4), (5) or (6) that relates to a product may be made so as to apply differently in relation to different classes of product.
(8)The ESC must publish a determination under this regulation (other than under subregulation (6)(e)) on the ESC Internet site.
37Evidence of installation of certain products
The ESC may accept as evidence of the installation of any of the following products a written record of purchase of the product which includes the name and address of the purchaser—
(a)a high efficiency refrigerator or high efficiency freezer referred to in Part 22 of Schedule 2 that complies with the criteria set out in that Part;
(b)a high efficiency television referred to in Part 24 of Schedule 2 that complies with the criteria set out in that Part;
(c)an electric clothes dryer referred to in Part 25 of Schedule 2 that complies with the criteria set out in that Part.
37ASecretary'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.
PART 3—GENERAL
38Prescribed greenhouse gas scheme
For the purposes of the definition of prescribed greenhouse gas scheme in section 3(1) of the Act, the following are prescribed—
(a)the scheme established under the Carbon Credits (Carbon Farming Initiative) Act 2011 of the Commonwealth for the issue of Australian carbon credit units in relation to eligible offsets projects;
(b)the scheme established under the Renewable Energy (Electricity) Act 2000 of the Commonwealth for the issue of renewable energy certificates except to the extent that the scheme covers installing a product that complies with the criteria applying to a product category in Part 1, 3 or 47 of Schedule 2.
* * * * *
40Scheme acquisition
(1)For the purpose of the definition of scheme acquisition in section 3(1) of the Act, the following customers are prescribed—
(a)subject to subregulation (2), customers to whom a relevant entity sells electricity in Victoria;
(b)subject to subregulations (2) and (4), customers to whom a relevant entity sells gas in Victoria.
(2)A person who occupies scheduled activity premises, and to whom a relevant entity sells electricity or gas in Victoria as an occupier of those premises, is not a prescribed customer in relation to those premises until the commencement day for those premises as determined under subregulation (3).
(3)The commencement day for scheduled activity premises is 1 January of the second calendar year after the calendar year in which, for the first time, a certificate created in respect of the premises is registered under section 22 of the Act.
Note
A certificate cannot be created in respect of scheduled activity premises unless the ESC has been notified that a prescribed activity is intended to be undertaken at the premises. See regulations 27 and 28.
(4)A customer to whom a relevant entity sells gas in Victoria is not a prescribed customer if the customer—
(a)is engaged in the activity of owning, controlling or operating a gas-fired electricity generator connected to the interconnected national electricity system; and
(b)is, for the purposes of section 11(1) of the National Electricity (Victoria) Law—
(i)a Registered participant in relation to that activity; or
(ii)exempt from the requirement to be a Registered participant in relation to that activity.
41Shortfall penalty rate
The prescribed shortfall penalty rate for the purposes of section 28 of the Act is—
(a)for 2019, $50; and
(b)for 2020, $50.83; and
(c)for 2021, $70; and
(d)for 2022, $80; and
(e)for 2023, 2024 and 2025, $90; and
(f)for every subsequent year, $100.
41AVEET scheme target
(1)For the purposes of section 30(f) of the Act, the prescribed target is—
(a)in 2022, 6⸱7 million tonnes of carbon dioxide equivalent; and
(b)in 2023, 6⸱9 million tonnes of carbon dioxide equivalent; and
(c)in 2024, 7⸱1 million tonnes of carbon dioxide equivalent; and
(d)in 2025, 7⸱3 million tonnes of carbon dioxide equivalent.
(2)For the purposes of section 30(g) of the Act, the prescribed target is—
(a)in 2026, 4⸱4 million tonnes of carbon dioxide equivalent; and
(b)in 2027, 4⸱6 million tonnes of carbon dioxide equivalent.
PART 4—TRANSITIONAL PROVISIONS
Division 1—Preliminary
42Definitions
In this Part—
minimum energy efficiency criteria, in relation to a product, means criteria that are designated in the Secretary's specifications as minimum energy efficiency criteria for that product;
new ESC register means the register established under regulation 29 of the new Regulations;
new Regulations means these Regulations;
old ESC register means the register established under regulation 9 of the old Regulations;
old product category number, for an old registered product, means—
(a)if the product was listed in the old ESC register in respect of an item in Part A of a Schedule to the old Regulations, the number of that item; or
(b)if the product was listed in the old ESC register in respect of a Schedule to the old Regulations, the number of that Schedule;
old registered product means a product that, immediately before 10 December 2018, was listed in the old ESC register;
old Regulations means the Victorian Energy Efficiency Target Regulations 2008 as in force immediately before their revocation.
Division 2—Listing of products
43Transition of listing of products listed by old product category numbers
On and after 10 December 2018, an old registered product whose old product category number is set out in column 1 of a row in Table 1 is taken to be listed on the new ESC register as belonging to the product category with the category number set out in column 2 of that row in that Table.
Table 1
Column 1
Old product category number
Column 2
New product category number
Schedule 12 12A Schedule 13 13A Schedule 14 14A Item 15A 15A Item 15B 15B Item 15C 15C Item 15D 15D Item 15E 15E Item 15F 15F Item 15H 15H Item 30A 30A Item 30B 30B Item 31A 31A Item 31B 31B Schedule 33 33A Schedule 36 36A
44Transition of listing of water heaters
(1)On and after 10 December 2018, an old registered product whose old product category number is set out in column 1 of a row in Table 2 is taken to be listed on the new ESC register as belonging to the product category with the category number set out in column 2 of that row in that Table.
Table 2
Column 1
Old product category number
Column 2
New product category number
Item 1A 1A Item 1B 1B Item 1F 1F Schedule 3 3B (2)On and after 10 December 2018, an old registered product whose old product category number is Item 1E that relates to a boosted solar water heater is taken to be a listed category 1C product.
(3)For a period of 18 months beginning on 10 December 2018, an old registered product whose old product category number is Item 1E that relates to a heat pump water heater is taken to be a listed category 1D product.
45Temporary transition of listing of other products
(1)For the period of 6 months beginning on 10 December 2018, an old registered product whose old product category number is Schedule 17 is taken to be a listed category 17A product.
(2)For the period of 6 months beginning on 10 December 2018, an old registered product whose old product category number is set out in column 1 of a row in Table 3 that relates to a class of ductwork set out in column 3 of that row in that Table is taken to be listed on the new ESC register as belonging to the product category with the category number set out in column 2 of that row in that Table.
Table 3
Column 1
Old product category number
Column 2
New product category number
Column 3
Class of ductwork
Schedule 28 28A Flexible ductwork Schedule 28 28B Rigid ductwork 46Transition of listing of products listed by old product category number subject to ESC determination
(1)On and after 10 December 2018, an old registered product whose old product category number is set out in column 1 of a row in Table 4 is taken to be listed on the new ESC register as belonging to the product category with the category number set out in column 2 of that row in that Table.
Table 4
Column 1
Old product category number
Column 2
New product category number
Schedule 5 5A Schedule 6 5A Schedule 7 7A Schedule 8 7A Schedule 9 9A Schedule 10 10A Item 15G 15G Schedule 20 5A Item 21A 21A Item 21B 21B Item 21C 21C Item 21D 21D Item 21E 21E Item 21F 21F Schedule 23 23A Schedule 26 26A Item 34C 34B (2)On and after 10 December 2018, an old registered product whose old product category number is set out in column 1 of a row in Table 5 that relates to a class of lighting set out in column 3 of that row in that Table is taken to be listed on the new ESC register as belonging to the product category with the category number set out in column 2 of that row in that Table.
Table 5
Column 1
Old product category number
Column 2
New product category number
Column 3
Class of lighting
Item 34B 27A Public lighting Item 34B
34A Building based lighting (other than public lighting) Item 34B 35A Non building based lighting (other than public lighting) Item 34D 27B Public lighting Item 34D 34C Building based lighting (other than public lighting) Item 34D 35B Non building based lighting (other than public lighting) (3)The ESC may remove a product to which this regulation applies from the new ESC register.
(4)In deciding whether to remove a product from the new ESC register, the ESC must have regard to the following—
(a)whether the product meets the criteria applying to the product category for which the product is taken to be listed;
(b)how closely the product meets the minimum energy efficiency criteria of the new Regulations;
(c)the extent of any change to the standards used to determine the energy efficiency of a product from the Standards used to determine the energy efficiency of the product under the old Regulations;
(d)whether the process for measuring the energy efficiency of a product is more stringent or less stringent than the process for measuring the energy efficiency of the product under the old Regulations.
(5)Nothing in this regulation requires the ESC to remove a product to which this regulation applies from the new ESC register only because the product does not comply with the criteria applying to a product category.
(6)The ESC must publish a determination under subregulation (3) on the ESC Internet site.
47Other listing powers not affected
Nothing in regulations 43 to 46 prevents the ESC from—
(a)removing a product from the new ESC register under regulation 31(2) or (3); or
(b)listing on the new ESC register in accordance with regulation 31(1) or 33(1) a product removed from the register under regulation 46.
48Existing applications
An application that is made to the ESC before 10 December 2018 for registration of a product on the old ESC register that is not determined before that day must be determined in accordance with the new Regulations as if it were an application for inclusion of the product on the new ESC register.
Division 3—Incandescent lighting
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| (d) AS/NZS 1158.2:2005 (e) AS/NZS 1158.3.1:2005 (f) AS/NZS 1158.4:2015 |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| (g) AS/NZS 1158.5:2014 (h) SA/SNZTS 1158:6:2015 Lighting for roads and public spaces—Part 6: Luminaires—Performance published by Standards Australia on 14 October 2015 | ||
| Regulation 19 | AS/NZS 1680 series Interior and workplace lighting published by Standards Australia comprising— (a) AS/NZS 1680.0:2009 Interior lighting—Part 0: Safe movement published by Standards Australia on 15 December 2009 (b) AS/NZS 1680.1:2006 Interior and workplace lighting—Part 1: General principles and recommendations published by Standards Australia on 21 February 2006 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| (c) AS/NZS 1680.2.1:2008 Interior and workplace lighting—Part 2.1: Specific applications—Circulation spaces and other general areas published by Standards Australia on 6 June 2008 (d) AS/NZS 1680.2.2:2008 Interior and workplace lighting—Part 2.2: Specific applications—Office and screen-based tasks published by Standards Australia on 6 June 2008 (e) AS/NZS 1680.2.3:2008 Interior and workplace lighting—Part 2.3: Specific applications—Educational and training facilities published by Standards Australia on 6 June 2008 (f) AS/NZS 1680.2.4:2017 Interior and workplace lighting—Part 2.4: Industrial tasks and processes published by Standards Australia on 30 June 2017 (g) AS/NZS 1680.2.5:2018 Interior and workplace lighting—Part 2.5: Hospital and medical tasks published by Standards Australia on 14 May 2018 | ||
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| (h) AS/NZS 1680.3:2017 Interior and workplace lighting—Part 3: Measurement, calculation and presentation of photometric data published by Standards Australia on 30 June 2017 (i) AS/NZS 1680.4:2017 Interior and workplace lighting—Part 4: Maintenance of electric lighting systems published by Standards Australia on 30 June 2017 | ||
| Regulation 20 | AS/NZS 1680 series Interior and workplace lighting published by Standards Australia comprising— (a) AS/NZS 1680.0:2009 Interior lighting—Part 0: Safe movement published by Standards Australia on 15 December 2009 (b) AS/NZS 1680.1:2006 Interior and workplace lighting—Part 1: General principles and recommendations published by Standards Australia on 21 February 2006 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| (c) AS/NZS 1680.2.1:2008 Interior and workplace lighting—Part 2.1: Specific applications—Circulation spaces and other general areas published by Standards Australia on 6 June 2008 (d) AS/NZS 1680.2.2:2008 Interior and workplace lighting—Part 2.2: Specific applications—Office and screen-based tasks published by Standards Australia on 6 June 2008 (e) AS/NZS 1680.2.3:2008 Interior and workplace lighting—Part 2.3: Specific applications—Educational and training facilities published by Standards Australia on 6 June 2008 (f) AS/NZS 1680.2.4:2017 Interior and workplace lighting—Part 2.4: Industrial tasks and processes published by Standards Australia on 30 June 2017 |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| (g) AS/NZS 1680.2.5:2018 Interior and workplace lighting—Part 2.5: Hospital and medical tasks published by Standards Australia on 14 May 2018 (h) AS/NZS 1680.3:2017 Interior and workplace lighting—Part 3: Measurement, calculation and presentation of photometric data published by Standards Australia on 30 June 2017 (i) AS/NZS 1680.4:2017 Interior and workplace lighting—Part 4: Maintenance of electric lighting systems published by Standards Australia on 30 June 2017 | ||
| Regulation 21 | AS/NZS 1158 Lighting for roads and public spaces series comprising— (a) AS/NZS 1158.0:2005 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| (b) AS/NZS 1158.1.1:2005 Lighting for roads and public spaces—Vehicular traffic (Category V) lighting—Part 1.1: Performance and design requirements published by Standards Australia on 7 September 2005, incorporating amendment No. 1 (February 2009), No. 2 (June 2013) and No. 3 (October 2015) (c) AS/NZS 1158.1.2:2010 (d) AS/NZS 1158.2:2005 | ||
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| (e) AS/NZS 1158.3.1:2005 (f) AS/NZS 1158.4:2015 (g) AS/NZS 1158.5:2014 (h) SA/SNZTS 1158:6:2015 Lighting for roads and public spaces—Part 6: Luminaires—Performance published by Standards Australia on 14 October 2015 |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 21 | AS 2560 series Guide to sports lighting as published by Standards Australia comprising— (a) AS 2560.1—2002 Sports lighting—Part 1: General principles published by Standards Australia on 10 May 2002 (b) AS 2560.2.1—2003 (R2017)—Sports lighting—Part 2.1: Specific applications—Lighting for outdoor tennis published by Standards Australia on 24 February 2003 and reconfirmed on 7 July 2017 (c) AS 2560.2.2—1986 (R2017) Guide to sports lighting—Part 2.1: Specific applications—Lighting of multipurpose indoor sports centres published by Standards Australia on 1 January 1986 and reconfirmed on 7 July 2017 (d) AS 2560.2.3—2007 (R2017) Sports lighting—Part 2.3: Specific applications—Lighting for football (all codes) published by Standards Australia on 7 December 2007 and reconfirmed on 7 July 2017 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| (e) AS 2560.2.4—1986 (R2017) Guide to sports lighting—Part 2.4: Specific recommendations—Lighting for outdoor netball and basketball published by Standards Australia on 7 April 1986 and reconfirmed on 7 July 2017 (f) AS 2560.2.5—2007 (R2017) Sports lighting—Part 2.5: Specific applications—Swimming pools published by Standards Australia on 7 December 2007 and reconfirmed on 7 July 2017 (g) AS 2560.2.6—1994 (R2017) Guide to sports lighting—Part 2.6: Specific recommendations—Baseball and softball published by Standards Australia on 14 February 1994 and reconfirmed on 7 July 2017 (h) AS 2560.2.7—1994 (R2017) Guide to sports lighting—Part 2.7: Specific recommendations—Outdoor hockey |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| published by Standards Australia on 14 February 1994 and reconfirmed on 7 July 2017 (i) AS 2560.2.8—2007 (R2017) Sports lighting—Part 2.8: Specific applications—Outdoor bowling greens published by Standards Australia on 7 December 2007 and reconfirmed on 7 July 2017 | ||
| Regulation 22 | AS/NZS 1158 Lighting for roads and public spaces series comprising— (a) AS/NZS 1158.0:2005 (b) AS/NZS 1158.1.1:2005 Lighting for roads and public spaces—Vehicular traffic (Category V) lighting—Part 1.1: Performance and design requirements published by Standards Australia on 7 September 2005, incorporating amendment No. 1 (February 2009), No. 2 (June 2013) and No. 3 (October 2015) | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| (c) AS/NZS 1158.1.2:2010 (d) AS/NZS 1158.2:2005 (e) AS/NZS 1158.3.1:2005 | ||
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| (f) AS/NZS 1158.4:2015 (g) AS/NZS 1158.5:2014 (h) SA/SNZ 1158:6:2015 Lighting for roads and public spaces—Part 6: Luminaires—Performance published by Standards Australia on 14 October 2015 | ||
| Regulation 22 | AS 2560 series Guide to sports lighting as published by Standards Australia comprising— (a) AS 2560.1—2002 Sports lighting—Part 1: General principles published by Standards Australia on 10 May 2002 (b) AS 2560.2.1—2003 (R2017) Sports lighting—Part 2.1: Specific applications—Lighting for outdoor tennis published | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| by Standards Australia on 24 February 2003 and reconfirmed on 7 July 2017 (c) AS 2560.2.2—1986 (R2017) Guide to sports lighting—Part 2.1: Specific applications—Lighting of multipurpose indoor sports centres published by Standards Australia on 1 January 1986 and reconfirmed on 7 July 2017 (d) AS 2560.2.3—2007 (R2017) Sports lighting—Part 2.3: Specific applications—Lighting for football (all codes) published by Standards Australia on 7 December 2007 and reconfirmed on 7 July 2017 (e) AS 2560.2.4—1986 (R2017) Guide to sports lighting—Part 2.4: Specific recommendations—Lighting for outdoor netball and basketball published by Standards Australia on 7 April 1986 and reconfirmed on 7 July 2017 (f) AS 2560.2.5–2007 (R2017) Sports lighting—Part 2.5: Specific applications—Swimming pools | ||
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| published by Standards Australia on 7 December 2007 and reconfirmed on 7 July 2017 | ||
| (g) AS 2560.2.6–1994 (R2017) Guide to sports lighting—Part 2.6: Specific recommendations—Baseball and softball published by Standards Australia on 14 February 1994 and reconfirmed on 7 July 2017 (h) AS 2560.2.7–1994 (R2017) Guide to sports lighting—Part 2.7: Specific recommendations—Outdoor hockey published by Standards Australia on 14 February 1994 and reconfirmed on 7 July 2017 (i) AS 2560.2.8–2007 (R2017) Sports lighting—Part 2.8: Specific applications—Outdoor bowling greens published by Standards Australia on 7 December 2007 and reconfirmed on 7 July 2017 |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Schedule 2, Part 1 | AS/NZS 5263.1.2 Gas appliances—Part 1.2 Gas fired water heaters for hot water supply and/or central heating published by Standards Australia on 11 February 2016 | The whole |
| Schedule 2, Part 1 | AS/NZS 2712:2007 Solar and heat pump water heaters—Design and construction published by Standards Australia on 12 September 2007, incorporating Amendment No. 1 (29 March 2011), | The whole |
| Schedule 2, Part 3 | AS/NZS 2712:2007 Solar and heat pump water heaters—Design and construction published by Standards Australia on 12 September 2007, incorporating Amendment No. 1 (29 March 2011), | The whole |
| Schedule 2, Part 5 | AS/NZS 5263.1.6:2016 Gas appliances—Part 1.6 Indirect gas‑fired ducted air heaters published by Standards Australia on 6 October 2016 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Schedule 2, Part 9 | AS/NZS 5263.1.3:2016 Gas appliances—Part 1.3: Gas space heating appliances published by Standards Australia on 8 March 2016 | The whole |
| Schedule 2, Part 12 | AS 3999:2015 Bulk thermal insulation—Installation published by Standards Australia on 23 July 2015 | The whole |
| Schedule 2, Part 12 | AS/NZS 4859.1:2002 Materials for the thermal insulation of buildings—Part 1: General criteria and technical provisions published by Standards Australia on 15 October 2002, incorporating Amendment No. 1 (28 December 2006) | The whole |
| Schedule 2, Part 13 | AS 2047:2014 Windows and external glazed doors in buildings published by Standards Australia on 23 September 2014, incorporating Amendment No. 1 (12 February 2016) and Amendment No. 2 (30 June 2017) | The whole |
| Schedule 2, Part 13 | AS 1288–2006 (R2016) Glass in buildings series comprising— AS1228-2006 (R2016) | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Glass in buildings—Selection and installation published by Standards Australia on 16 January 2006, incorporating Amendment No. 1 (31 January 2008), No. 2 (11 November 2011) and No. 3 (29 February 2016) AS 1228 SUPP1-2006 (R2016) Glass in buildings—Selection and installation (Supplement to AS-1228-2006) published by Standards Australia on 28 March 2006 and reconfirmed on 15 July 2016 | ||
| Schedule 2, Part 15 | The Building Code of Australia comprising— (a) Volume One of the National Construction Code 2016 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 2016 including any Victoria additions set out in Appendix A of that Volume | Part 3.8.5 of Volume Two |
| Schedule 2, Part 17 | AS/NZS 3662:2013 Performance of showers for bathing published by Standards Australia on 2 September 2013 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Schedule 2, Part 17 | AS/NZS 6400:2016 Water efficient products—Rating and labelling as published by Standards Australia on 6 April 2016 | The whole |
| Schedule 2, Part 21 | IEC/TR 61341 Ed. 2.0 Method of measurement of centre beam intensity and beam angle(s) of reflector lamps published by the International Electrotechnical Commission on 18 February 2010 | The whole |
| Schedule 2, Part 23 | AS 2913–2000 (R2016) Evaporative air-conditioning equipment published by Standards Australia on 19 July 2000 and reconfirmed on 27 May 2016 | The whole |
| Schedule 2, Part 26 | Rules for Participation: Voluntary Energy Labelling Program for Swimming Pool Pump-units: published by the Equipment Energy Efficiency (E3) Committee as amended in November 2010 | The whole |
| Schedule 2, Part 26 | AS 5102.1–2009 Performance of household electrical appliances—Part 1: Swimming pool pump-units—Energy consumption and performance published by Standards Australia on 21 December 2009 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Schedule 2, Part 26 | AS 5102.2–2009 Performance of household electrical appliances—Part 2: Swimming pool pump-units Energy labelling and minimum energy performance standard requirements published by Standards Australia on 21 December 2009 | The whole |
| Schedule 2, Part 28 | AS 4254.1-2012 Ductwork for air-handling systems in buildings—Part 1: Flexible duct published by Standards Australia on 8 June 2012 | The whole |
| Schedule 2, Part 28 | The Building Code of Australia comprising— (a) Volume One of the National Construction Code 2016 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 2016 including any Victoria additions set out in Appendix A of that Volume | Part A3 of Volume One |
| Schedule 2, Part 28 | AS 4254.2–2012 Ductwork for air-handling systems in buildings—Part 2: Rigid duct as published by Standards Australia on 12 November 2012 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Schedule 2, Part 28 | AS/NZS 4859.1:2002 Materials for the thermal insulation of buildings—Part 1: General criteria and technical provisions published by Standards Australia on 15 October 2002, incorporating Amendment No. 1 (28 December 2006) | The whole |
| Schedule 2, Part 30 | Zigbee Smart Energy Profile Specification published by ZigBee Standards Organization on 1 December 2008 | The whole |
| Schedule 2, Part 30 | Zigbee Smart Energy Standard version 1.2a published by the ZigBee Standards Organization on 3 December 2014 | The whole |
| Schedule 2, Part 31 | AS 60034.1–2009 Rotating electrical machines—Part 1: Rating and performance published by Standards Australia on 15 July 2009 | The whole |
| Schedule 2, Part 31 | IEC 60034-2.1 Ed. 2.0 Rotating electrical machines Part 2-1: Standard methods for determining losses and efficiency from tests (excluding machines for traction vehicles), published by the International Electrotechnical Commission on 27 June 2014 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Schedule 2, Part 31 | IEC/TS 60034-31 Ed. 1.0 Rotating electrical machines—Part 31: Selection of energy‑efficient motors including variable speed applications-Application guide, published by the International Electrotechnical Commission on 26 April 2010 | Annexure A |
| Schedule 2, Part 33 | ISO 13349:2010 Ed. 2.0 Fans–Vocabulary and definitions of categories published by the International Organization for Standardization in July 2010 | The definition of air handling system |
| Schedule 2, Part 36 | AS/NZS 3500:2018 series comprising— (a) AS/NZS 3500.0:2003—Plumbing and drainage Part 0: Glossary of terms published by Standards Australia on 15 December 2003 (b) AS/NZS 3500.1:2018 Plumbing and drainage—Part 1: Water services published by Standards Australia on 29 June 2018 (c) AS/NZS 3500.2:2018—Plumbing and drainage—Part 2: Sanitary plumbing and drainage published by Standards Australia on 29 June 2018 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| (d) AS/NZS 3500.3:2018 Plumbing and drainage—Part 3: Stormwater drainage published by Standards Australia on 29 June 2018 (e) AS/NZS 3500.4:2018 Plumbing and drainage—Part 4: Heated water services as published by Standards Australia on 29 June 2018 | ||
| Schedule 2, Part 36 | AS/NZS 6400:2016 Water efficient products—Rating and labelling published by Standards Australia on 6 April 2016 | The whole |
| Schedule 2, Part 36 | Water Efficiency Labelling and Standards Determination 2013 (No. 2) made under sections 18, 19 and 26 of the Water Efficiency Labelling and Standards Act 2005 of the Commonwealth | The whole |
| Schedule 2, Part 42 | AS 1228:2016 Pressure Equipment—Boilers published by Standards Australia on 18 May 2016 | The whole |
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 171/2021 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 6 which inserts Part 44 of Schedule 2 to the Victorian Energy Efficiency Target Regulations 2018 | AS/NZS 2712 Solar and heat pump water heaters—Design and construction published by Standards Australia and Standards New Zealand on 12 September 2007 | Whole document |
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 25/2023 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 | ||
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document | ||
| 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 | ||
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 91/2025 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2024.
In this table—
Building Code of Australia means the Building Code of Australia comprising—
(a)Volume One of the National Construction Code 2022 including any Victorian variations or additions set out in that Volume; and
(b)Volume Two of the National Construction Code 2022 including any Victorian variations or additions set out in that Volume;
Principal Regulations means the Victorian Energy Efficiency Target Regulations 2018.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 5(a) which inserts the definition of sole-occupancy unit in regulation 5 of the Principal Regulations | Building Code of Australia | Schedule 1 to Volume One |
| Regulation 5(b) which substitutes the definition of residential premises in regulation 5 of the Principal Regulations | Building Code of Australia | Part A6 of Volume One |
| Regulation 7(1) which inserts regulation 10(3A) into the Principal Regulations | Building Code of Australia | Part A6 of Volume One |
| Regulation 7(2) which substitutes regulation 10(4) and (5) of the Principal Regulations | Building Code of Australia | Part A6 of Volume One |
0
0
0