EXPLANATORY STATEMENT
Issued by the Authority of the Greenhouse and Energy Minimum Standards Regulator
Greenhouse and Energy Minimum Standards Act 2012
Greenhouse and Energy Minimum Standards (Authorisation Requirements for Testing GEMS Products) Instrument 2013
The Greenhouse and Energy Minimum Standards Act 2012 (Act) establishes the position of the GEMS Regulator, who is responsible for monitoring and enforcing compliance with the Act.
Division 8 of the Act deals with the powers of the GEMS Regulator to appoint persons to test, examine or sample GEMS products to determine whether the products, or models of the products, comply with the Act including any relevant GEMS determination.
Testing enables the GEMS Regulator to verify the performance of individual product models in laboratory conditions to determine if they meet GEMS requirements and the claims of manufacturers and suppliers.
Section 125 of the Act permits the GEMS Regulator to authorise persons to test GEMS products in a product class for the purpose of determining whether a GEMS product or model of GEMS products in that product class complies with a provision of the Act including any relevant GEMS determination.
Consultation
The Australian Government conducted extensive consultations with Australian businesses throughout the development of the Act, as well as consulting with the governments of New Zealand and Australian states and territories. The Act established a national approach to setting greenhouse and energy minimum standards, replacing separate state and territory legislation.
Further consultation on section 125 was considered unnecessary as this arrangement reflects long standing practice under previous state and territory legislation. No issues were raised in relation to section 125 during the consultation process.
Authority: Section 125 of the
Greenhouse and Energy Minimum Standards Act 2012
Detailed description of provisions in the Instrument
Part 1 Preliminary
1 Name of instrument
Section 1 establishes the title of the instrument as the Greenhouse and Energy Minimum Standards (Authorisation Requirements for Testing GEMS Products) Instrument 2013.
2 Commencement
Section 2 sets out the commencement arrangements for the instrument, which commences on the day after it is registered on the Federal Register of Legislative Instruments.
3 Object
Section 3 sets out the object of the instrument, which is to specify requirements that must be satisfied for persons to be authorised to test GEMS products under section 125 of the Greenhouse and Energy Minimum Standards Act 2012.
4 Interpretation
Section 4 clarifies that any terms in the instrument that are defined in the Greenhouse and Energy Minimum Standards Act 2012 have the same meaning, unless otherwise specified.
Part 2 REQUIREMENTS
5 Requirements
Section 5 sets out the specific accreditation requirements that must be satisfied for persons to be authorised to test products under section 125 of the Greenhouse and Energy Minimum Standards Act 2012. Accreditation must be in accordance with ISO/IEC 17025:2005 for the specific test or tests set out in the applicable GEMS determination. Persons appointed to test, examine or sample GEMS products must also hold accreditation by either the National Association of Testing Authorities, Australia or by an accreditation body which has mutual recognition with the National Association of Testing Authorities, Australia.
6 Testing for subparagraph 61 (2) (b) (i) of the Act
Section 6 sets out that where a registrant has agreed to arrange further testing and examination of a product of a model, the accreditation requirements set out in section 5 apply along with the requirements set out in the notice provided to the registrant requiring them to take specified action. For example, the GEMS Regulator may set out the manner in which the specified product must be tested or examined including the methods for testing and specified persons who are required to carry out the testing. This is to ensure that testing is performed by an independent third party testing facility to ensure there is no question of the independence of the results.
7 Product classes to which requirements apply
Section 7 applies to all product classes subject to regulation under the Greenhouse and Energy Minimum Standards Act 2012.
8 Definitions
Section 8 sets out the meaning of a number of terms used in the instrument. Definitions are provided for:
- A definition of “accreditation” which means a procedure based upon peer assessment by which an authoritative body gives formal recognition that a body is competent to carry out specific tasks;
- A definition of “mutual recognition” which means an accreditation body that is a signatory to either the Asia Pacific Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement; and
- A definition of ISO/IEC 17025:2005 which is the international standard for the operation of testing and calibration laboratories.
Overview
The Greenhouse and Energy Minimum Standards (Authorisation Requirements for Testing GEMS Products) Instrument 2013 was enacted to provide a framework for authorising persons to test products that are subject to the Greenhouse and Energy Minimum Standards Act 2012. This instrument was developed under the authority of the Greenhouse and Energy Minimum Standards Regulator and aims to ensure that only suitably qualified and accredited individuals or entities are authorised to test products to verify compliance with the Act. The instrument reflects the policy objective of maintaining rigorous standards in the testing of products to ensure that they meet the specified energy and greenhouse gas emission requirements, thus supporting the overarching goal of the Act to reduce greenhouse gas emissions and improve energy efficiency in Australia.
The Instrument specifies that individuals or entities seeking authorisation to test GEMS products must meet specific accreditation requirements, including adherence to ISO/IEC 17025:2005 standards and accreditation by either the National Association of Testing Authorities, Australia or a body with mutual recognition. This ensures that testing is conducted by independent and competent authorities, thereby maintaining the integrity and reliability of the testing process. The instrument applies to all product classes regulated under the Greenhouse and Energy Minimum Standards Act 2012, providing a consistent approach across different product types.
Scope and Application
The Greenhouse and Energy Minimum Standards (Authorisation Requirements for Testing GEMS Products) Instrument 2013 applies to any person seeking to be authorised to test GEMS products as outlined in the Greenhouse and Energy Minimum Standards Act 2012. This encompasses all product classes subject to regulation under the Act, ensuring a standardised approach to testing across various industries. The instrument is enacted at a national level, reflecting the unified regulatory framework established by the Act, which replaced previous state and territory legislation. The requirements specified in the instrument apply to any person wishing to conduct testing to determine compliance with the Act, necessitating accreditation in accordance with ISO/IEC 17025:2005 and approval by the National Association of Testing Authorities, Australia, or a mutually recognised accreditation body. This ensures that only qualified and independent entities perform testing, thereby maintaining the integrity and reliability of compliance verification processes. Additionally, specific provisions apply to instances where further testing is required as stipulated by the GEMS Regulator, ensuring consistency and independence in the testing process.
Key Provisions
The Greenhouse and Energy Minimum Standards (Authorisation Requirements for Testing GEMS Products) Instrument 2013 provides the requirements for persons to be authorised to test GEMS products under section 125 of the Greenhouse and Energy Minimum Standards Act 2012. Section 5 of the instrument sets out the accreditation requirements, stipulating that accreditation must be in accordance with ISO/IEC 17025:2005 for the specific test or tests set out in the applicable GEMS determination. Additionally, persons appointed to test, examine or sample GEMS products must hold accreditation by either the National Association of Testing Authorities, Australia or by an accreditation body which has mutual recognition with the National Association of Testing Authorities, Australia.
The obligations imposed by the instrument require that any person appointed to test, examine or sample GEMS products must satisfy the accreditation requirements as specified in section 5. This includes ensuring that the accreditation is in accordance with ISO/IEC 17025:2005 and that the appointed person holds the appropriate accreditation from a recognised body. When a registrant has agreed to arrange further testing and examination of a product of a model, the same accreditation requirements apply along with any additional requirements set out in the notice provided by the GEMS Regulator. This ensures that the testing is performed by an independent third party testing facility, thereby maintaining the independence and credibility of the testing results.
The Act imposes civil and criminal penalties for non-compliance with the authorisation requirements. Under section 156 of the Greenhouse and Energy Minimum Standards Act 2012, a person who contravenes the Act, including the authorisation requirements, is subject to a civil penalty of up to $22,200 for a corporation and $4,440 for an individual. Additionally, section 157 of the Act provides for criminal penalties, where a person who is reckless as to the contravention of the Act is liable to a fine of up to $555,000 for a corporation and $111,000 for an individual, or imprisonment for up to two years, or both. These penalties underscore the importance of complying with the authorisation requirements to ensure accurate and reliable testing of GEMS products.