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.3) 2017
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. Division 4.1 of the Greenhouse and Energy Minimum Standards Regulation 2012 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.3) 2017 (Instrument) is to exempt the specified clothes washing machine from the GEMS level requirements contained in section 7 of the Greenhouse and Energy Minimum Standards (Clothes Washing Machines) Determination 2015 (Determination).
Samsung Electronics Australia Pty Ltd (Applicant) has developed a new dual drum washing machine called the ‘Flexwash’ which incorporates a smaller top loading washing machine (the upper washer) that sits on top of a larger 16kg front loading washing machine. The upper washer is a cold wash only washing machine whilst the bottom unit has both hot and cold wash functions.
On 7 July 2017, the Applicant submitted an application for exemption of the upper washer component of the model specified in the Schedule of the Instrument from the requirements of the Determination.
The GEMS Regulator has considered all the matters set out in regulations 4.1.5 and 4.1.6 of the Greenhouse and Energy Minimum Standards Regulation 2012 and has decided to grant an exemption from the Determination due to the minimal negative impact on Australia’s greenhouse gas emissions anticipated as a result of the non-compliance, and the significant costs as well as the inhibition of innovation should an exemption not be granted. There are two conditions specified to which the exemption is subject. The first condition requires the Applicant to comply with the labelling and testing requirements of section 7 of the Determination in relation to the 16kg front loading washing machine. The second condition requires the Applicant to place an additional label immediately under the energy rating label for the 16kg washing machine indicating that the energy rating label only relates to the bottom 16kg washing machine. This will help to avoid confusion for consumers wishing to purchase the ‘Flexwash’.
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.
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 5 of the Instrument.
5. Exemption
Section 5 exempts the motor model specified in clause 1 of the Schedule to the Instrument (Exempt Model) from the labelling and testing requirements of section 7 of the Determination, subject to the conditions specified in section 6 of the Instrument.
6. Conditions of Exemption
Section 6 specifies that the exemption is subject to the conditions specified in clause 4 of the Schedule to the Instrument.
7. Schedule – Exemption and conditions of exemption
The Schedule to the Instrument sets out the following terms:
- specifications of the Exempt Model (clause 1);
- the requirements of the Determination from which the model is exempt (clause 2);
- the supply and use to which the exemption applies (clause 3); and
- conditions of the exemption (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.3) 2017
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.3) 2017 specifies a model of a GEMS product that the GEMS Regulator has exempted from the requirements of section 7 of the Greenhouse and Energy Minimum Standards (Clothes Washing Machines) Determination 2015, and the condition to which the exemption is subject.
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.