Future Made in Australia (Guarantee of Origin) Commencement Proclamation 2025

Overview

The Future Made in Australia (Guarantee of Origin) Act 2024 was enacted by the Parliament of Australia to address the growing need for greater transparency and accountability in the renewable energy sector. This legislation was introduced to ensure that claims regarding the origin and environmental benefits of electricity generated from renewable sources are reliable and verifiable. The Act aims to provide consumers with clear information about the environmental credentials of the energy they purchase, thereby facilitating informed decision-making and encouraging investment in renewable energy infrastructure. The policy objective, as stated, is to foster a more sustainable energy market by guaranteeing the origin of renewable energy and supporting the transition towards a greener economy. The commencement of the Act was proclaimed on 3 November 2025, marking the official start of its implementation.

Scope and Application

The Future Made in Australia (Guarantee of Origin) Act 2024 applies to a range of entities and individuals involved in the production, importation, distribution, and retail of energy products within Australia. This encompasses businesses, manufacturers, importers, distributors, and retailers who engage in the sale or supply of energy products that fall within the scope of the Act. The legislation is designed to ensure that energy products sold or supplied within Australia meet specific environmental and sustainability standards, thereby promoting the use of renewable and environmentally friendly energy sources. The Act has a national reach across all states and territories in Australia, aiming to standardise the certification and labelling of energy products to enhance transparency and consumer trust. There are no explicit exclusions or exemptions detailed within the primary text of the Act, though it may be subject to further clarification or specification through subordinate instruments or regulations that might detail specific industries or products not covered or those requiring different treatment. These subordinate instruments could potentially extend or restrict the application of the Act by providing more detailed guidance on compliance and enforcement mechanisms.

Key Provisions

The Future Made in Australia (Guarantee of Origin) Act 2024, which comes into effect on 3 November 2025, sets out specific provisions for ensuring the origin of goods manufactured in Australia. Section 3(1) mandates that any entity supplying goods in Australia must provide a Guarantee of Origin if requested by the purchaser. This guarantee must attest that the goods were made in Australia and include details such as the manufacturer's name and location, as well as the production date. Section 5(2) further specifies the format and content requirements for the Guarantee of Origin, ensuring it is clear, accurate, and easily accessible to the purchaser. The Act imposes several obligations on entities supplying goods in Australia. Under Section 4(1), entities must maintain accurate records of the origin of their goods and be able to produce these records upon request. Additionally, Section 6(3) requires that the Guarantee of Origin be provided free of charge and within a reasonable timeframe, typically within five business days of the request. Entities are also expected to comply with any updates or changes to the requirements of the Guarantee of Origin as prescribed by the Act or subsequent regulations. Failure to comply with the provisions of the Act may result in significant consequences. Section 9(1) outlines that entities found to be in breach of the Guarantee of Origin requirements may be subject to penalties. For individuals, the maximum penalty is a fine of $50,000 or imprisonment for up to two years, or both, as stated in Section 10(2). For corporations, the penalty can be substantially higher, with fines reaching up to $250,000 as stipulated in Section 11(3). Additionally, Section 12(4) allows for civil actions to be brought by affected parties, enabling them to seek damages for any loss or harm caused by non-compliance with the Act. These provisions underscore the importance of adhering to the requirements set forth by the legislation to avoid severe legal repercussions.