Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 3) 2014

Overview

The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 3) 2014 was enacted to provide exemptions from certain energy efficiency requirements for specific models of air conditioners under the Greenhouse and Energy Minimum Standards Act 2012. This legislation was introduced to address specific instances where compliance with the energy efficiency standards might pose practical difficulties or where alternative solutions are deemed suitable. The instrument was developed and issued by the Greenhouse and Energy Minimum Standards Regulator, acting under the authority granted by the Act. The policy objective of this exemption is to ensure flexibility in meeting energy efficiency standards while still promoting overall energy efficiency improvements across the industry. The exemption applies to particular models of air conditioners that are intended for use in a specified apartment complex, with conditions designed to ensure that the exemption does not undermine the broader goals of the Act.

Scope and Application

The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.3) 2014, issued under the Greenhouse and Energy Minimum Standards Act 2012, allows the Greenhouse and Energy Minimum Standards (GEMS) Regulator to exempt specified models of GEMS products from certain energy use requirements set out in GEMS determinations. This exemption applies to particular air conditioner models identified in the Schedule to the instrument, which must only be supplied for use in a designated apartment complex located at 60-68 Terrace Road, East Perth, WA 6004. The exemption is subject to specific conditions, ensuring that the exempted models are used strictly within the confines of the mentioned location. The instrument is limited to the particular supplier that applied for the exemption and does not extend to other suppliers or locations. The instrument operates within the jurisdictional scope of the Commonwealth and is enacted to provide flexibility in specific circumstances while maintaining the overarching goals of the GEMS Act.

Key Provisions

The main operative sections of the Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.3) 2014 include the provisions that exempt certain models of air conditioners from specific energy use requirements as outlined in the Greenhouse and Energy Minimum Standards (Air Conditioners and Heat Pumps) Determination 2013. Specifically, Section 4 of the instrument exempts the specified air conditioner models (referred to as "exempt models") from the energy use requirements of Section 6 of the Determination (Section 10). The exemption is subject to the conditions detailed in clause 4 of the Schedule, which specifies that these exempt models can only be supplied for use in a particular apartment complex located at 60-68 Terrace Road, East Perth WA 6004 (Section 11). The obligations and requirements imposed by the Act on the parties or entities it governs include the duty of the GEMS Regulator to monitor and enforce compliance with the Act, as outlined in Section 71 of the Greenhouse and Energy Minimum Standards Act 2012. Additionally, the Act mandates that any exemption granted by the GEMS Regulator must be in accordance with Section 37 of the Act, which provides the legal basis for the exemption. The regulator has the authority to exempt models of GEMS products from certain requirements of GEMS determinations and can specify the conditions to which these exemptions are subject. Furthermore, the regulator is tasked with setting up a framework for administrative processes related to the submission and assessment of exemption applications, as provided for in Section 37 of the Act. The Act also outlines the consequences for non-compliance with its provisions. Although specific offences, penalties, or civil/criminal consequences are not detailed in this particular instrument, the overarching Act may impose penalties for breaches. For instance, under Section 105 of the Greenhouse and Energy Minimum Standards Act 2012, non-compliance can result in civil penalties, with maximum fines set out in the Act. The severity of these penalties can depend on the nature and extent of the breach, and the regulator has the authority to enforce these penalties through administrative or judicial processes.