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.2) 2016
Purpose and Operation
Section 37 of the Greenhouse and Energy Minimum Standards Act 2012 (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. 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.
The purpose of the Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.2) 2016 (the Instrument) is to exempt the specified Compact Fluorescent Lamp from the GEMS level requirements contained in section 6 of the Greenhouse and Energy Minimum Standards (Self-ballasted Compact Fluorescent Lamps for General Lighting Services) Determination 2012 (the Determination).
The exemption was sought because the costs associated with complying with the Determination outweighed the benefits of doing so.
Consultation
The exemption set out in the Instrument was considered on application from the supplier named in the Instrument. Since the Instrument will only exempt the supplier applicant, consultation was undertaken with only the applicant for clarification of their application.
Detailed description of provisions in the Instrument
- Name of Instrument
Section 1 sets out the name of the Instrument.
2. Authority
Section 2 sets out the provision of the Act under which the Instrument is made.
3. Commencement
Section 3 sets out the commencement arrangements for the Instrument.
4. Definitions
Section 4 sets out the definition of terms used in the Instrument. The term ‘exempt model’ is defined in section 4.
5. Exemption
Section 5 exempts the lamp model specified in clause 1 of the Schedule (the Exempt Model) to the Instrument from the energy use and testing requirements of section 6 of the Determination, subject to the conditions specified in section 6 of the Instrument.
6. Conditions of Exemption
Section 6 specifies the conditions to which the exemption is subject.
7. Schedule – Exemption and conditions of exemption
The Schedule to the Instrument sets out the following terms:
- specifications of the Exempt Model;
- the requirements of the Determination from which the model is exempt;
- the supplies to which the exemption applies; and
- the conditions of the exemption.
Overview
The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.2) 2016 was introduced under the authority of the Greenhouse and Energy Minimum Standards Act 2012, enacted by the Parliament of Australia. This legislative instrument was created to address the specific issue of a proposed exemption for a particular model of Compact Fluorescent Lamp from the energy use and testing requirements set out in the Greenhouse and Energy Minimum Standards (Self-ballasted Compact Fluorescent Lamps for General Lighting Services) Determination 2012. The primary objective of this exemption is to alleviate the financial burden on the supplier when the costs of compliance exceed the benefits, thereby providing a more balanced approach to achieving energy efficiency standards.
The instrument was developed following an application by the supplier, with consultation limited to the applicant for clarification of their request. The exemption is narrowly tailored to the specified model and conditions, ensuring that the regulatory framework remains effective while allowing for pragmatic adjustments where necessary. This instrument exemplifies the Act's flexibility in managing energy efficiency standards by enabling targeted exemptions where justified.
Scope and Application
The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.2) 2016 operates under the authority granted by Section 37 of the Greenhouse and Energy Minimum Standards Act 2012, enabling the GEMS Regulator to exempt certain models of GEMS products from specific requirements of a GEMS determination. This particular Instrument exempts a specified Compact Fluorescent Lamp from the energy use and testing requirements stipulated in Section 6 of the Greenhouse and Energy Minimum Standards (Self-ballasted Compact Fluorescent Lamps for General Lighting Services) Determination 2012. The exemption was prompted by the supplier’s assertion that the costs of compliance exceeded the benefits. The exemption applies solely to the specified lamp model and is subject to conditions outlined in Section 6 of the Instrument, which detail the terms and constraints of the exemption. The exemption does not extend beyond the particular model and conditions specified in the Schedule to the Instrument.
Key Provisions
The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.2) 2016 operates under the authority of the Greenhouse and Energy Minimum Standards Act 2012 (the Act) and serves to exempt a particular model of a Compact Fluorescent Lamp (CFL) from certain energy use and testing requirements outlined in the Greenhouse and Energy Minimum Standards (Self-ballasted Compact Fluorescent Lamps for General Lighting Services) Determination 2012 (the Determination). The exemption is detailed in section 5 of the Instrument, where the specified lamp model, referred to as the "Exempt Model," is relieved from the obligations set out in section 6 of the Determination. This relief is contingent upon the conditions laid out in section 6 of the Instrument.
The Act imposes specific obligations on the parties governed by this Instrument. The primary obligation is for the supplier of the Exempt Model to ensure that the lamp adheres to the conditions specified in the exemption. These conditions might include requirements for the lamp's energy efficiency, performance standards, or labelling to ensure consumer awareness. The supplier must also maintain records and documentation demonstrating compliance with these conditions, should they be required by the GEMS Regulator.
In terms of enforcement and consequences, the Instrument does not explicitly detail penalties for non-compliance. However, breaches of the Act or its regulations can result in significant legal repercussions. Under the Act, breaches may lead to enforcement actions by the GEMS Regulator, including fines or other penalties as prescribed by the Act. The maximum penalties can vary, but they may include substantial monetary fines or, in severe cases, criminal charges against responsible individuals or entities. The Regulator has the authority to impose these penalties to ensure adherence to the energy standards and to maintain the integrity of the regulatory framework.