Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 1) 2021

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2021L00041 In force Legislative Instrument

Legislation content

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) 2021

Purpose and operation

Section 37 of the Greenhouse and Energy Minimum Standards Act 2012 (the Act) enables the Greenhouse and Energy Minimum Standards (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 (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.

The purpose of the Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.1) 2021 (the Instrument) is to exempt the specified dish drawer dishwashers supplied by Fisher and Paykel Australia Pty Ltd (F&P) from the requirement to use the detergent prescribed in section 2 of AS/NZS 2007.2:2005 for conducting tests as required under subsection 7(3) of the Greenhouse and Energy Minimum Standards (Dishwasher) Determination 2015 (the Determination), and instead require the use of the IEC D detergent formulation.

Subsection 7(3) of the Determination sets out the requirements for conducting tests in relation to household dishwashers for the purposes of paragraph 26(1)(c) of the Act. Under subsection 7(3), the test requirements are those contained in section 2 of AS/NZS 2007.2:2005, subject to the modifications set out in paragraphs 7(3)(a) to (d). F&P sought an exemption to the test requirements insofar as they relate to the required detergent formulation for testing because it causes excessive foaming in their drawer style of dishwasher, which would necessitate significant amendment to the wash cycle (that is, a reduction in the contact time of the detergent from 40 to 12 minutes). 

F&P sought to instead use the IEC D detergent formulation because this will not cause excessive foaming and is more similar to quality detergents that are commercially available to consumers. Further, the IEC D detergent formulation is already specified by other international regulators and is anticipated to be prescribed in AS/NZS2007.1 when it is updated in 2021.

The GEMS Regulator considered all the matters set out in the Regulation and has decided to grant the exemption requested by F&P, noting that the exemption will have a negligible impact on Australia’s greenhouse gas emissions.

Models covered by exemptions must still be registered under the Act.

 

Authority

Section 37 of the Act enables the 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.

Material incorporated by reference

The AS/NZS 2007.2:2005 and IEC 60436:2015 standards are incorporated by reference in this Instrument. These standards are incorporated as they existed at the time the Instrument was made. There is no power in the Greenhouse and Energy Minimum Standards Act 2012 (GEMS Act) that allows for the incorporation of documents as in force from time to time.

Manufacturers of products covered by an exemption instrument made under the Greenhouse and Energy Minimum Standards Act 2012 (GEMS Act) are expected to purchase any referenced standards in order to comply with the requirements and/or conditions imposed by the Instrument.

Interested, non-commercial users can access referenced standards for free, through the Standards Australia Distribution and Licensing Policy Framework, published in November 2019. The Framework provides access to Australian Standards to the general public in physical library reading rooms for personal, domestic and household use. Standards Australia has also committed to funding and providing access by other means, anticipated to be delivered online and provided directly by Standards Australia, by no later than December 2023.

The Department of Industry, Science, Energy and Resources (Department) continues to engage with Standards Australia while this work is underway, regarding options for non-commercial users to access standards incorporated in instruments made under the GEMS Act without charge. During this period, interested non-commercial users may also be able to access standards without cost through the National Library of Australia (including via interlibrary loans).

Where requests to view standards are received from non-commercial users, the Department will work with the requesting party to provide appropriate access to the standards referenced in the Instrument, and any other standards referenced under the GEMS Act, on a case-by-case basis.

Consultation

The exemption set out in the Instrument was considered on application from the applicant.

Regulatory Impact

There will be no regulatory burden arising from the Instrument. The OBPR has advised that such proposals are not likely to have a regulatory impact on business, community organisations or individuals, and therefore the preparation of a Regulation Impact Statement is not required.

Detailed description of provisions in the Instrument

  1. Name

Section 1 specifies the name of the Instrument as the Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 1) 2021.

2.      Commencement

Section 2 provides that the Instrument commenced on the day after it is registered.

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 the conditions specified for the purposes of subsection 37(2) of the Act are set out at clause 4 of the Schedule. The purpose of the conditions is to minimise the negative effects on Australia’s greenhouse gas emissions of granting the exemption, while delivering a reasonable outcome for the applicant.

Schedule 1 – Exemption

Schedule 1 to the Instrument sets out the following terms:

  • the specified exempt models, including model numbers, product descriptions and the number of units covered by the Instrument (clause 1);
  • the requirements of the Determination from which the models are exempt (clause 2);
  • the supplies to which the exemption applies (clause 3); and
  • the conditions to which the exemption is subject (clause 4).


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) 2021

 

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) 2021 specifies models of Greenhouse and Energy Minimum Standards (GEMS) products that the GEMS Regulator has exempted from the requirement to use a detergent prescribed in the relevant standard, referenced in the Greenhouse and Energy Minimum Standards (Dishwasher) Determination 2015. A condition of this exemption is that the detergent IEC D specified in Annex E of the international standard IEC 60436:2015 Electric dishwashers for household use - Methods for measuring the performance (Edition 4) must instead be used for testing.

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.

 

Penny Sirault

GEMS Regulator

 

 

Overview

The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 1) 2021 was introduced by the Greenhouse and Energy Minimum Standards Regulator under Section 37 of the Greenhouse and Energy Minimum Standards Act 2012. This instrument aims to address a specific issue faced by Fisher and Paykel Australia Pty Ltd (F&P) in relation to their dish drawer dishwashers. The problem was that the detergent prescribed in the Australian and New Zealand Standard AS/NZS 2007.2:2005 for conducting tests as required under the Greenhouse and Energy Minimum Standards (Dishwasher) Determination 2015 caused excessive foaming in F&P's drawer style dishwashers. This necessitated significant amendments to the wash cycle, reducing the contact time of the detergent from 40 to 12 minutes. To resolve this, the instrument exempts the specified dishwasher models from using the prescribed detergent and instead mandates the use of the IEC D detergent formulation, which does not cause excessive foaming and aligns more closely with commercially available detergents. The exemption has a negligible impact on Australia's greenhouse gas emissions, and the affected models must still be registered under the Act.

Scope and Application

The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 1) 2021, made under the authority of the Greenhouse and Energy Minimum Standards Act 2012, pertains specifically to certain models of Greenhouse and Energy Minimum Standards (GEMS) products manufactured by Fisher and Paykel Australia Pty Ltd. This instrument grants an exemption to these specified dishwasher models from the requirement to use a particular detergent for conducting tests as mandated by the Greenhouse and Energy Minimum Standards (Dishwasher) Determination 2015. Instead, it mandates the use of the IEC D detergent formulation, which is cited in the IEC 60436:2015 standard. The exemption is limited to the specific models listed in Schedule 1, which details the model numbers, product descriptions, and the number of units affected by this exemption. The exemption is subject to certain conditions designed to mitigate any potential negative impacts on Australia's greenhouse gas emissions, ensuring that the exemption has a negligible effect overall. Despite the exemption, the affected models must still comply with the registration requirements under the Act. This legislative instrument exemplifies the flexibility within the regulatory framework to accommodate specific industry needs while maintaining broader environmental standards.

Key Provisions

The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 1) 2021, issued under section 37 of the Greenhouse and Energy Minimum Standards Act 2012 (the Act), outlines specific exemptions for certain models of Greenhouse and Energy Minimum Standards (GEMS) products. The primary sections relevant here are sections 5 and 6, which specify the exempt models and the conditions to which these exemptions are subject. Section 5 identifies the particular models of dish drawer dishwashers manufactured by Fisher and Paykel Australia Pty Ltd (F&P) that are exempt from certain test requirements outlined in the Greenhouse and Energy Minimum Standards (Dishwasher) Determination 2015. Instead of using the detergent prescribed in section 2 of AS/NZS 2007.2:2005, these models are required to use the IEC D detergent formulation specified in IEC 60436:2015. Section 6 specifies the conditions for this exemption, ensuring that it does not adversely impact Australia's greenhouse gas emissions while providing a practical solution for F&P. The Act imposes specific obligations on the GEMS Regulator, who is responsible for assessing and granting exemptions as requested. Under section 37, the Regulator must consider all relevant factors, including the potential impact on greenhouse gas emissions, before deciding whether to grant an exemption. Additionally, the Regulation sets out the administrative framework for handling applications, including the requirements for submitting detailed information and evidence supporting the application. The Regulator must also ensure that any exemptions granted do not undermine the objectives of the GEMS Act. There are no direct offences or penalties specified in the Instrument itself, but any failure to comply with the conditions of the exemption could potentially lead to enforcement actions under the GEMS Act. If a manufacturer does not adhere to the specified conditions, the GEMS Regulator may take action, which could include issuing a compliance notice or pursuing legal remedies to enforce the terms of the exemption. The potential consequences of non-compliance could include financial penalties or other administrative sanctions, as outlined in the GEMS Act. The maximum penalties for breaches of the GEMS Act are detailed in section 127, which can include fines up to $1.65 million for corporations and imprisonment for individuals involved in serious breaches.

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Environmental Law
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Legislative Instrument
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Definitions & Interpretation
Exemptions & Exclusions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.