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 (No.1) 2014
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.
Consultation
6. The exemption set out in the instrument was considered on application from the particular suppliers named in the instrument. No further consultation was considered necessary.
Contents of the Instrument
7. Section 1 sets out the name of the instrument.
8. Section 2 provides for the commencement of the instrument.
9. Section 3 sets out the definition of terms used in the instrument. The term ‘exempt models’ is defined in Section 4.
10. Section 4 exempts the external power supply models specified in the Schedule (the exempt models) to the instrument from the labelling requirements of section 7 and the other GEMS requirements of section 8 of the Greenhouse and Energy Minimum Standards (External Power Supplies) Determination 2012 (Determination), subject to the conditions specified in section 5 of the instrument.
11. Section 5 specifies the conditions to which the exemption is subject. The exempt models must be marked in accordance with the performance requirements for the level VI efficiency mark specified in the International Efficiency Marking Protocol.
12. 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 GEMS Act.
Overview
The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.1) 2014 was enacted to provide exemptions from certain requirements of the Greenhouse and Energy Minimum Standards Act 2012. This Act was introduced to address the need for setting minimum standards for the energy efficiency and greenhouse gas emissions of products, thereby reducing the environmental impact of consumer goods. The Instrument was made by the Greenhouse and Energy Minimum Standards Regulator, who was designated under section 70 of the Act, with the aim of facilitating compliance and providing flexibility where necessary. The policy objective is to streamline the implementation of energy efficiency standards while allowing for specific exemptions that do not compromise the overarching environmental goals of the legislation.
Scope and Application
The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.1) 2014 applies to certain models of external power supplies that are exempt from the labelling and other specified requirements outlined in the Greenhouse and Energy Minimum Standards (External Power Supplies) Determination 2012. This exemption is subject to conditions that ensure the exempt models meet the performance requirements for the level VI efficiency mark as stipulated in the International Efficiency Marking Protocol. The legislation is applicable to the suppliers named in the instrument and pertains specifically to the supply and use of external power supplies, as detailed in the schedule attached to the instrument. This exemption applies nationally across Australia, as the Greenhouse and Energy Minimum Standards Act 2012 is a Commonwealth Act. The instrument extends the application of the Act by allowing the GEMS Regulator to exempt certain models of products from specific requirements through subordinate legislation, thus providing flexibility in enforcement while maintaining the overarching goals of the Act.
Key Provisions
The primary operative sections of this legislation pertain to the exemption of certain models of Greenhouse and Energy Minimum Standards (GEMS) products from specific requirements set forth in GEMS determinations. Specifically, section 4 of the Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.1) 2014 exempts the specified external power supply models from the labelling requirements of section 7 and other GEMS requirements of section 8 of the Greenhouse and Energy Minimum Standards (External Power Supplies) Determination 2012. This exemption is subject to conditions outlined in section 5 of the instrument. The exempt models must adhere to the performance requirements for the level VI efficiency mark as detailed in the International Efficiency Marking Protocol.
The Act imposes several obligations and requirements on the parties involved. The GEMS Regulator, designated under section 70 of the Greenhouse and Energy Minimum Standards Act 2012, has the responsibility to monitor and enforce compliance with the Act. Furthermore, section 37 of the Act empowers the GEMS Regulator to exempt models of GEMS products from certain requirements of GEMS determinations. This exemption must be granted by legislative instrument, which includes setting any necessary conditions. The suppliers named in the instrument must ensure that the exempt models are marked in accordance with the performance requirements for the level VI efficiency mark as specified in the International Efficiency Marking Protocol.
The legislation also outlines potential consequences for non-compliance. Breaches of the requirements or conditions set forth in this Act or in the regulations could lead to various civil or criminal penalties, depending on the severity and intent of the breach. While the specific penalties are not detailed within this excerpt, they would typically be outlined in the relevant sections of the Greenhouse and Energy Minimum Standards Act 2012 or in related regulations. It is essential for entities governed by this Act to adhere strictly to the stipulated requirements to avoid any legal repercussions.