EXPLANATORY STATEMENT
Greenhouse and Energy Minimum Standards Act 2012
Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 1) 2019
(Issued by the authority of the Greenhouse and Energy Minimum Standards Regulator)
Purpose and operation
Section 37 of the Greenhouse and Energy Minimum Standards Act 2012 (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. GEMS determinations are defined in section 11 of the Act.
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. Division 4.1 of the Greenhouse and Energy Minimum Standards Regulation 2012 (Regulation) sets out the circumstances in which the GEMS Regulator may exempt a model of a GEMS product from the requirements of a GEMS determination.
The purpose of the Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.1) 2019 (Instrument) is to exempt the specified air conditioner models from the requirements for conducting tests contained in section 6 of the Greenhouse and Energy Minimum Standards (Air Conditioners and Heat Pumps) Determination 2013 (Determination).
The models covered by the Instrument were previously registered under the Act, however those registrations expired prior to Sygnal Ambient Intelligence (SAI) acquiring the rights to produce the models from the previous registrant. To comply with the testing requirements in the Determination, testing would be required against a new methodology put in place after the models were originally registered, although energy efficiency requirements are unchanged. SAI have not been able to engage a test laboratory in Australia to test air conditioners that will cater to the size of the models in question. They are currently working with their overseas manufacturer to develop testing facilities and expect this to be available within six months. On 26 February 2019, SAI applied to the GEMS Regulator for exemption from the testing requirements set out in section 6 of the Determination to cover this period, until they are able to comply with the requirements for conducting tests.
The GEMS Regulator considered all the matters set out in the Regulation and has decided to grant an exemption from certain requirements of the Determination on the basis there will be no negative impact on Australia’s greenhouse gas emissions as a result of the exemption.
The Instrument does not specify any conditions for the purposes of section 37 of the Act.
Models covered by exemptions must still be registered under the Act. Registration is usually for five years. A shorter registration period for the exempt models, ending on 31 December 2019, will be specified by the GEMS Regulator as allowed by subsection 48(4) of the Act. After this time they will be required to comply with the standard testing requirements of the Determination.
The Instrument will be repealed on 1 January 2020 and will cease to have effect after that day.
Background
Section 37 of the Greenhouse and Energy Minimum Standards Act 2012 enables the Greenhouse and Energy Minimum Standards (GEMS) Regulator to exempt models of GEMS products from one or more requirements of a GEMS determination. An exemption can be in relation to all supplies or uses of products of that model or limited to specified supplies and uses. The GEMS Regulator can specify conditions to which the exemption is subject.
Division 4.1 of the Regulation sets out the circumstances in which the GEMS Regulator may exempt a model of a GEMS product from the requirements of a GEMS determination.
Consultation
The exemption set out in the Instrument was considered on application from the applicant. Consultation was undertaken with the applicant for the purpose of clarifying the exemption application.
Detailed description of provisions in the Instrument
- Name
Section 1 sets out the name of the Instrument.
2. Commencement
Section 3 sets out the commencement arrangements for the Instrument.
3. Authority
Section 3 sets out the provision of the Act under which the Instrument is made.
4. Definitions
Section 4 sets out definitions of terms used in the Instrument. The term ‘exempt model’ is defined in section 5 of the Instrument.
5. Exemption
Section 5 exempts the models specified in clause 1 of Schedule 1 to the Instrument (the exempt models) from the requirements specified in clause 2 of Schedule 1.
6. Conditions of exemption
Section 6 provides that there are no conditions specified for the purposes of subsection 37(2) of the Act.
7. Repeal
Section 7 provides that the Instrument will be repealed on 1 January 2020.
Schedule 1 – Exemption
Schedule 1 to the Instrument sets out the following terms:
- the specified exempt models, including model numbers and product descriptions (clause 1);
- the requirements of the Determination from which the models are exempt (clause 2); and
- the supplies to which the exemption applies (clause 3).
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 1) 2019
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 1) 2019 specifies models of GEMS products that the GEMS Regulator has exempted from the requirements of section 6 of the Greenhouse and Energy Minimum Standards (Air Conditioners and Heat Pumps) Determination 2013.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.