Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 2) 2022

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

Legislation au F2022L01678 Not 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. 2) 2022

Purpose and Operation

Subsection 37(1) of the Greenhouse and Energy Minimum Standards (GEMS) Act 2012 (Act) provides that the GEMS Regulator may, by legislative instrument, in accordance with regulations made for the purposes of subsection 37(1), exempt specified 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. The GEMS Regulator may specify conditions to which the exemption is subject in accordance with subsection 37(2) of the Act. A GEMS determination is defined in section 11 of the Act.

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. 2) 2022 (Instrument) is to exempt supplies of Braemar-branded Seeley International Pty Ltd (Seeley) products specified in Schedule 1, clause 1 of the Instrument from the GEMS level requirements contained in Part 3 of the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 (2019 Determination).

Seeley sells Braemar-branded air conditioner models. The specified Braemar-branded models were previously registered against the 2019 Determination through the operation of subsection 36(2) of the Act. The specified Braemar-branded models are no longer being imported into Australia. Seeley requested an exemption to enable supply of remaining units of the specified Braemar-branded models, without the significant costs of undertaking additional tests.

The GEMS Regulator considered all the matters set out in the Regulation and has decided to grant an exemption from the GEMS level requirements in the 2019 Determination, on the basis there is no negative impact on Australia’s greenhouse gas emissions as a result of the exemption. This view is formed due to the fact that the specified Braemar-branded models previously held approved GEMS registrations and there was no change to the relevant testing requirements when the 2019 Determination replaced the Greenhouse and Energy Minimum Standards (Air Conditioners and Heat Pumps) Determination 2013. The exemption is also time-limited to the anticipated timeframes for supply of the existing stock.

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

Further details of the Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 2) 2022 are outlined in Attachment A.

 

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 may 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.

Regulatory Impact

There will be no regulatory burden arising from the Instrument. The Office of Best Practice Regulation (OBPR) has advised that such proposals are not likely to have a regulatory impact on business, community organisations or organisations. A Regulatory Impact Statement (RIS) is therefore not required for this proposal. OBPR has advised a RIS is not required for this proposal (OBPR Ref. OBPR21-01246).

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is set out in Attachment B.

Attachment A

Details of the Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 2) 2022

Section 1 – Name of Instrument

This section specifies the name of the Legislative Instrument as the Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 2) 2022.

Section 2 – Commencement

This section provides that the Legislative Instrument commences on the day after registration on the Federal Register of Legislation.

Section 3 – Authority

This section provides that subsection 37(1) of the Greenhouse and Energy Minimum Standards Act 2012 is the provision under which the Legislative Instrument is made.

Section 4 – Definitions

This section provides for definitions of terms used in the Legislative Instrument. The term ‘exempt models’ is defined in section 5 of the Instrument.

Section 5 – Exemption

This section exempts the models specified in clause 1 of Schedule 1 to the Legislative Instrument (the exempt models) from the requirements specified in clause 2 of Schedule 1.

Section 6 – Repeal

This section provides that the Legislative Instrument is repealed on 31 March 2025.

Schedule 1 – Exemption

Schedule 1 to the Legislative Instrument sets out the following terms:

  • the specified exempt models, including model numbers and product descriptions covered by the Legislative Instrument (clause 1);
  • the requirements of the 2019 Determination from which the models are exempt (clause 2);
  • the supplies to which the exemption applies (clause 3).


Attachment B

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. 2) 2022

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. 2) 2022 specifies models of Greenhouse and Energy Minimum Standards (GEMS) products that the GEMS Regulator has exempted from the requirements of Part 3 of the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019.

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.

Penelope Sirault

GEMS Regulator

Overview

The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 2) 2022 was enacted to address the need for exempting specific models of greenhouse and energy minimum standards (GEMS) products from certain regulatory requirements. The Act, enacted by the Greenhouse and Energy Minimum Standards Regulator under the authority granted by the Greenhouse and Energy Minimum Standards Act 2012, aims to facilitate the supply of existing stock of certain Braemar-branded air conditioner models by Seeley International Pty Ltd, without incurring the costs associated with additional testing. This exemption is granted on the condition that there is no negative impact on Australia's greenhouse gas emissions, as the models in question had previously held approved GEMS registrations and there have been no changes to the relevant testing requirements. The exemption is also time-limited, corresponding to the anticipated timeframe for the supply of existing stock. Despite the exemption, the models must still be registered under the Act.

Scope and Application

The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 2) 2022 is a legislative instrument issued by the Greenhouse and Energy Minimum Standards Regulator under the authority of the Greenhouse and Energy Minimum Standards Act 2012. This instrument grants an exemption to specified models of Braemar-branded air conditioners manufactured by Seeley International Pty Ltd from the greenhouse gas emission requirements outlined in Part 3 of the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019. The exemption applies to all supplies or specified uses of the exempted models, and the Regulator has determined that this exemption will not negatively impact Australia's greenhouse gas emissions, given that these models previously held approved registrations and no changes to the testing requirements have occurred. The exemption is specifically tailored to allow for the supply of remaining stock and is time-limited to the anticipated timeframe for such supply. Despite the exemption, the models must still be registered under the Act. The exemption instrument does not impose any regulatory burden and has been assessed as not requiring a Regulatory Impact Statement. The exemption granted by this instrument is geographically limited to Australia and applies to entities involved in the supply of the specified Braemar-branded air conditioners. The exemption is also contingent upon the condition that the exempted models must still be registered under the Greenhouse and Energy Minimum Standards Act 2012. This legislative instrument is subject to repeal on 31 March 2025, and any modifications or extensions to its application would need to be made through additional legislative instruments in accordance with the Act and the Greenhouse and Energy Minimum Standards Regulation 2012.

Key Provisions

The main operative sections of the Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 2) 2022 (Instrument) (section 5) exempt certain Braemar-branded Seeley International Pty Ltd products from the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 (2019 Determination) (section 2). Specifically, this exemption applies to the models listed in Schedule 1, clause 1 of the Instrument, which includes model numbers and product descriptions. This exemption is intended to allow the supply of existing stock without incurring the costs of additional testing, provided there is no negative impact on Australia’s greenhouse gas emissions (section 1). The exemption is also time-limited to the anticipated timeframes for supply of the existing stock (section 6). The obligations imposed by the Instrument on the parties it governs include the requirement for models covered by the exemption to still be registered under the Greenhouse and Energy Minimum Standards Act 2012 (Act). The exemption is subject to conditions specified by the Greenhouse and Energy Minimum Standards Regulator (section 3). Furthermore, the exemption is granted on the basis that there is no negative impact on Australia’s greenhouse gas emissions as a result of the exemption (section 1). The exemption is also time-limited to the anticipated timeframes for supply of the existing stock (section 6). The Instrument does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, any breach of the conditions specified by the Regulator or failure to comply with the registration requirements could potentially lead to legal consequences under the Act. The Regulator has the authority to enforce compliance with the Act and its regulations, which may include issuing notices, imposing fines, or taking other enforcement actions as deemed necessary. The maximum penalties for breaches of the Act are detailed in the relevant sections of the Act, but are not specified in the Instrument itself.

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Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Exemptions & Exclusions
Regulatory Standards

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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.