Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 2) 2014

Overview

The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 2) 2014 was introduced to address a specific exemption request in the context of the Greenhouse and Energy Minimum Standards Act 2012. This Act was enacted to establish a regulatory framework aimed at ensuring that energy-using products meet minimum energy efficiency standards, thereby reducing greenhouse gas emissions. The instrument was issued by the Greenhouse and Energy Minimum Standards Regulator, who is empowered by the Act to monitor and enforce compliance, as well as to grant exemptions to certain models of energy-using products from specific requirements under GEMS determinations. The policy objective of the Act is to improve energy efficiency and reduce greenhouse gas emissions through the regulation of energy-using products. This instrument specifically exempts a named motor model from the labelling requirements and other GEMS requirements, as outlined in the Greenhouse and Energy Minimum Standards (Three Phase Cage Induction Motors) Determination 2012, with no conditions attached to the exemption.

Scope and Application

The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.2) 2014 applies to the specified models of three-phase cage induction motors, exempting them from certain labelling and performance requirements stipulated under the Greenhouse and Energy Minimum Standards (Three Phase Cage Induction Motors) Determination 2012. This exemption was granted by the Greenhouse and Energy Minimum Standards Regulator, acting under the authority conferred by section 37 of the Greenhouse and Energy Minimum Standards Act 2012. The instrument exempts these specific motor models from compliance with the labelling requirements in section 6 and other performance-related requirements in section 7 of the Determination, with no conditions attached to the exemption. This legislative instrument serves to provide flexibility in the regulatory framework, allowing for targeted exemptions that can accommodate particular market needs or technological considerations, while still maintaining the overarching goals of the Act. The instrument applies nationally, affecting entities and persons involved in the supply and use of the specified motor models across Australia.

Key Provisions

The main operative sections of the Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.2) 2014 (the Instrument) pertain to exemptions from certain requirements set out in the Greenhouse and Energy Minimum Standards (Three Phase Cage Induction Motors) Determination 2012 (the Determination). Specifically, section 4 of the Instrument exempts the motor model specified in the Schedule from the labelling requirements of section 6 and other GEMS requirements of section 7 of the Determination (sections 4 and 10). This exemption is without any conditions, as stated in section 5. Under this Act, the Greenhouse and Energy Minimum Standards (GEMS) Regulator has the authority to exempt specific models of GEMS products from compliance with certain requirements. This exemption applies to all or specified supplies or uses of products of the specified model, as detailed in section 37 of the Greenhouse and Energy Minimum Standards Act 2012 (the Act). The Instrument, as a legislative instrument, follows this provision by exempting the named motor model from the labelling and other specified GEMS requirements, subject to the conditions mentioned in section 5. However, in this case, the exemption is made without any conditions (section 5). The Instrument imposes no obligations or requirements on parties or entities it governs beyond the exemption granted to the specified motor model. This exemption is specifically tailored to the model mentioned in the Schedule and does not impose any additional duties or compliance requirements on other entities or parties. The Act provides for potential civil or criminal consequences for non-compliance with its requirements. However, since the Instrument grants an exemption to a specific model from certain requirements, it is important to note that this exemption does not alter the general obligations and consequences outlined in the Act. Any breach of the Act's provisions not covered by this exemption could result in penalties as defined in the Act, which may include fines or other civil or criminal consequences. The specific maximum penalties for breaches of the Act are not detailed in the Instrument but can be found in the relevant sections of the Act.