Greenhouse and Energy Minimum Standards (Exemption) Instrument 2015

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 (Exemption) Instrument 2015

Power and Purpose

1. Section 70 of the Greenhouse and Energy Minimum Standards Act 2012 (Act) provides for the designation of the position of the GEMS Regulator.
2. The functions of the GEMS Regulator are set out in section 71 of the Act, including the responsibility for monitoring and enforcing compliance with the Act.
3. Section 37 of the Act sets out the power of the GEMS Regulator to exempt models of GEMS products from the requirements of GEMS determinations.  GEMS determinations are defined in section 11 of the Act.
4. Section 37 of the Act enables the GEMS Regulator, by legislative instrument, to exempt models of GEMS products from one or more requirements of a GEMS determination in relation to all or specified supplies or uses of products of that model and enables the GEMS Regulator to specify conditions to which the exemption is subject. 
5. Section 37 also provides that regulations may be made in order to provide a framework for administrative processes around the submission and assessment of applications for exemption.
6. The purpose of the Instrument is to exempt the specified three phase electric motor, for use as a replacement unit in a particular production process, from the GEMS level and GEMS labelling requirements of the Greenhouse and Energy Minimum Standards (Three Phase Cage Induction Motors) Determination 2012, because it is not technically feasible to use a compliant motor.

Consultation

7.      The exemption set out in the Instrument was considered on application from the particular supplier named in the Instrument. Some consultation with the applicant was required for clarification.

Contents of the Instrument

8.      Section 1 sets out the name of the Instrument.

9.      Section 2 provides for the commencement of the Instrument.

10.  Section 3 sets out the definition of terms used in the Instrument. The term ‘exempt model’ is defined in Section 4.

11.  Section 4 exempts the motor model specified in the Schedule (the exempt model) to the Instrument from the labelling requirements of section 6 and the other GEMS requirements of section 7 of the Greenhouse and Energy Minimum Standards (Three Phase Cage Induction Motors) Determination 2012 (Determination), subject to the conditions specified in section 5 of the Instrument.

12.  Section 5 specifies that there are no conditions to which the exemption is subject.

The Schedule to the Instrument sets out the following terms:

• specification of the exempt models;
• the requirements of the Determination from which the model is exempt;
•  the supply and use to which the exemption applies; and
• conditions of the exemption.

Making the Instrument

13.  The Instrument has been made by the GEMS Regulator in accordance with section 37 of the Act.