Greenhouse and Energy Minimum Standards Act 2012

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2012A00132 In force Act

Legislation content

Greenhouse and Energy Minimum Standards Act 2012

No. 132, 2012

Compilation No. 8

Compilation date: 5 December 2025

Includes amendments: Act No. 73, 2025

About this compilation

This compilation

This is a compilation of the Greenhouse and Energy Minimum Standards Act 2012 that shows the text of the law as amended and in force on 5 December 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1—Preliminary

Division 1—Preliminary

1 Short title

2 Commencement

Division 2—Guide to this Act

3 Guide to this Act

Division 3—Objects of this Act

4 Objects of this Act

Division 4—The Dictionary and other interpretive provisions

5 The Dictionary

6 Contravening an offence provision or a civil penalty provision

Division 5—Application of this Act

7 Act binds Crown

7A Constitutional application of this Act

8 Extension to external Territories

9 Concurrent operation of State and Territory laws

Part 2—Key concepts

Division 1—Guide to this Part

10 Guide to this Part

Division 2—Key concepts

11 GEMS products, GEMS determinations and product classes

12 Models of GEMS products to be registered in relation to product classes

13 Models to be registered against GEMS determinations

14 Supplying and offering to supply GEMS products

Part 3—Requirements for suppliers and commercial users of GEMS products

Division 1—Guide to this Part

15 Guide to this Part

Division 2—Supplying GEMS products

16 Supplying GEMS products—complying with GEMS determinations

17 Supplying GEMS products—model not registered

Division 3—Using GEMS products for commercial purposes

18 Using GEMS products for commercial purposes—complying with GEMS…

Overview

The Greenhouse and Energy Minimum Standards Act 2012 was enacted by the Australian Parliament to address the need for setting minimum standards for energy use and greenhouse gas emissions of certain products, thereby promoting the development and adoption of products that consume less energy and produce fewer greenhouse gases. This legislation was introduced to give effect to Australia's obligations under international agreements such as the United Nations Framework Convention on Climate Change and the Paris Agreement, and to facilitate an intergovernmental scheme involving the Commonwealth and participating jurisdictions in relation to equipment energy efficiency. Additionally, the Act aims to promote improved energy performance and better management of energy demand through specific requirements for products that use energy or affect the energy consumption of other products. The Act applies to the supply and commercial use of such products, ensuring they meet specified energy efficiency standards and labelling requirements. The Act provides for the establishment of the Greenhouse and Energy Minimum Standards (GEMS) Register, overseen by the GEMS Regulator, who is responsible for administering the Act, maintaining the GEMS Register, and assisting in the development of GEMS determinations. The Regulator also has the authority to monitor and enforce compliance, review the operation of the Act, and engage with other agencies and consultants to carry out these functions. Penalties are in place for non-compliance with the standards, and the Act includes provisions for the public disclosure of certain enforcement actions and contraventions, as well as mechanisms for the review of decisions made by the Regulator. The Act also includes protections for commercially sensitive information against unauthorised disclosure.

Scope and Application

The Greenhouse and Energy Minimum Standards Act 2012 applies to products that use energy or affect energy use by other products (GEMS products) and encompasses their supply, offer for supply, and commercial use within Australia. The Act binds the Crown but does not make it liable to prosecution for offences, except for authorities of the Crown. It extends to external Territories and operates concurrently with more stringent State or Territory laws relating to greenhouse gas emissions or energy use, provided such laws do not conflict with the Act's intent. The Act applies to supplies and offers to supply products that are part of international agreements, constitutional corporations, constitutional trade or commerce, and entities within Commonwealth places or external Territories. Similarly, it applies to the commercial use of products by constitutional corporations and within constitutional trade or commerce. Offences and civil penalties apply for supplying or using GEMS products that do not comply with the Act's requirements or for supplying products whose models are not registered. Exemptions exist for second-hand products, certain supplies and uses, and models that meet specific conditions. The Act establishes the GEMS Register for registering models of GEMS products against Ministerial determinations, known as GEMS determinations. These determinations specify requirements for energy consumption, greenhouse gas emissions, labelling, and other aspects. The Act allows for the replacement of existing determinations and the exemption of certain models from specific requirements, subject to certain conditions. The GEMS Regulator, an SES employee designated by the Secretary, administers the Act, maintains the GEMS Register, and can assist in developing GEMS determinations. The Act also includes provisions for monitoring and investigating compliance, issuing infringement notices, accepting enforceable undertakings, and granting injunctions. It provides for the publicity of certain offences, contraventions, and decisions regarding the registration of GEMS products. Decisions made under the Act can be reviewed internally and by the Administrative Review Tribunal. The Act protects commercially sensitive information against unauthorised disclosure, though certain disclosures are permitted under specific circumstances. The Act also covers miscellaneous matters such as the recovery of fees, compensation for property acquisition, annual reporting by the GEMS Regulator, and the power to make regulations. The enforcement provisions of the Act extend to external Territories, and the Act allows for the delegation of certain functions and powers, with some limitations.

Key Provisions

  • The Greenhouse and Energy Minimum Standards Act 2012 (GEMS Act) aims to promote the development and adoption of products that use less energy and produce fewer greenhouse gases. The Act applies to products that use energy or affect energy use by other products (referred to as GEMS products), and it does so by applying greenhouse and energy minimum standards (GEMS) in association with the supply and commercial use of these products. These standards are detailed in Ministerial determinations (GEMS determinations). Generally, GEMS products can only be supplied or used for commercial purposes if the model of the product is registered against a GEMS determination and the product complies with that determination (sections 16, 18). These determinations cover various requirements, such as energy consumption, greenhouse gas production, labelling, and other matters including environmental and human health considerations (sections 25, 26, 27).
  • Under the Act, certain obligations and requirements are imposed on the parties or entities it governs. Suppliers and commercial users of GEMS products must ensure that they comply with the GEMS determinations relevant to the product class, and that the product model is registered against the relevant GEMS determination (section 16). The GEMS Regulator, a senior officer of the Department, is responsible for the registration system and the administration of this Act (sections 70, 71). Registrants must notify the GEMS Regulator of any changes, provide specified information related to the manufacture, import, supply, or export of products, and have products tested to determine compliance with the GEMS determinations (sections 55, 56, 61). The GEMS Regulator has powers to monitor and enforce compliance with the Act, including inspecting public areas of premises used in connection with the supply of GEMS products, issuing infringement notices for suspected contraventions, and accepting enforceable undertakings to comply with the Act (sections 86, 130, 131).
  • The Act provides for various offences, penalties, and consequences for breach. Offences related to supplying, offering to supply, or using GEMS products for commercial purposes are strict liability offences, meaning that intent or knowledge of the contravention is not necessary to establish the offence (subsection 6(1)). For example, supplying a GEMS product that does not comply with a GEMS determination or whose model is not registered against the determination is an offence (sections 16, 17). The maximum penalty for such an offence varies depending on whether the GEMS product is a category A or B product, with penalties of up to 60 penalty units for category A products and 120 penalty units for category B products (sections 16(3), 16(4), 17(3), 17(4)). Civil penalty provisions may also be applicable, where the prosecution does not need to prove the person’s state of mind (section 129(1)). The Act also allows for the publicising of certain offences, contraventions, and adverse decisions (section 162).
  • In terms of civil penalties, the Act allows for a pecuniary penalty to be imposed on a person contravening a civil penalty provision (section 129(1)). Infringement notices may be issued for suspected contraventions of civil penalty provisions, allowing a person to pay a penalty as an alternative to having court proceedings brought against them (section 130). Enforceable undertakings may also be accepted and enforced, where a person undertakes to compensate another person for loss or damage suffered due to a contravention (section 131). Further, decisions made under the Act, such as refusals to register a model or to vary a registration, can be reviewed internally or by the Administrative Review Tribunal (sections 166, 167). Protected information obtained in connection with the Act is safeguarded against unauthorised disclosure, with severe penalties for breach (sections 169, 170). The Act also provides for the recovery of fees, compensation for the acquisition of property, the GEMS Regulator’s annual report, and the power to make regulations (sections 173, 175, 177).

Legal classification tags

Area of Law
Environmental Law
Energy Law
Instrument
Act
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Enforcement Powers
Regulatory Standards
Regulatory Discretion
Regulatory Oversight
Infringement Notices
Prohibited Conduct
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.