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
- Section 70 of the Greenhouse and Energy Minimum Standards Act 2012 (Act) provides for the designation of the position of the GEMS Regulator.
- 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.
- 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.
- 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.
- 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.
- 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.
Overview
The Greenhouse and Energy Minimum Standards (Exemption) Instrument 2015 was enacted under the authority of the Greenhouse and Energy Minimum Standards Act 2012, by the GEMS Regulator, to address the issue of technical infeasibility for certain products in meeting the standards set by the Act. This Instrument was designed to provide a legislative mechanism for the exemption of specific models of products from certain requirements of the Greenhouse and Energy Minimum Standards (GEMS) determinations. The primary purpose of this Instrument is to exempt a particular three phase electric motor, used as a replacement in a specific production process, from the GEMS level and GEMS labelling requirements outlined in the Greenhouse and Energy Minimum Standards (Three Phase Cage Induction Motors) Determination 2012. This exemption is granted due to the technical impossibility of using a compliant motor in the specified application. The Instrument allows for the exemption without imposing any additional conditions, thereby facilitating compliance where it is not technically feasible.
Scope and Application
The Greenhouse and Energy Minimum Standards (Exemption) Instrument 2015 applies to the exemption of certain models of products from the requirements of the Greenhouse and Energy Minimum Standards Act 2012 (Act). Specifically, it exempts a particular three phase electric motor model, used as a replacement in a specific production process, from the GEMS level and GEMS labelling requirements outlined in the Greenhouse and Energy Minimum Standards (Three Phase Cage Induction Motors) Determination 2012. This exemption is applicable to the particular supplier named in the Instrument. The exemption is granted due to the technical infeasibility of using a compliant motor for the specified application. The exemption does not have any conditions attached to it as specified in section 5 of the Instrument. The Instrument is made by the GEMS Regulator under section 37 of the Act, enabling the Regulator to exempt models of GEMS products from certain requirements of GEMS determinations, subject to the conditions specified.
Key Provisions
The Greenhouse and Energy Minimum Standards (Exemption) Instrument 2015 (Instrument) primarily concerns the exemption of certain products from specific standards under the Greenhouse and Energy Minimum Standards Act 2012 (Act). Section 4 of the Instrument specifically exempts a three-phase electric motor, intended for use as a replacement in a particular production process, from the Greenhouse and Energy Minimum Standards (Three Phase Cage Induction Motors) Determination 2012's labelling requirements and other applicable GEMS requirements. This exemption is justified by the infeasibility of using a compliant motor for this specific application, as detailed in the explanatory statement.
The Instrument imposes certain obligations on the entities it governs, particularly focusing on compliance and monitoring. The GEMS Regulator, designated under Section 70 of the Act, has the responsibility to monitor and enforce compliance with the Act. Section 37 of the Act grants the GEMS Regulator the authority to exempt models of GEMS products from the requirements of GEMS determinations by legislative instrument. The Instrument delineates the exemption process and the conditions, if any, under which such exemptions apply. The Regulator must ensure that the exempted products do not negatively impact the overall objectives of the Act, such as reducing greenhouse gas emissions and enhancing energy efficiency.
Breaches of the Act or non-compliance with the Instrument can result in various penalties and consequences. While the specific penalties are not detailed in the Instrument, under the Act, penalties can include substantial fines and, in severe cases, criminal charges. The exact penalties would depend on the nature and severity of the breach, and would be determined in accordance with the relevant sections of the Act. It is crucial for parties governed by the Act to adhere to the requirements to avoid such repercussions.