Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.3) 2017

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

Legislation au F2017L00996 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.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

  1. 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.

Overview

The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.3) 2017 was enacted by the Greenhouse and Energy Minimum Standards Regulator to address the need for flexibility in applying greenhouse and energy minimum standards to certain products. This instrument, which is an amendment to the Greenhouse and Energy Minimum Standards Act 2012, provides the Regulator with the authority to exempt specific models of products from certain requirements of a Greenhouse and Energy Minimum Standards (GEMS) determination. The exemption is intended to mitigate the minimal negative impact on greenhouse gas emissions while also considering the significant costs and potential inhibition of innovation that could result from strict compliance. The Regulator has granted an exemption for a particular model of a dual drum washing machine, subject to conditions that ensure consumer awareness and compliance with other relevant testing and labelling requirements. The exemption aims to balance environmental considerations with economic and innovation factors, demonstrating the Regulator's commitment to a pragmatic approach to achieving sustainability goals.

Scope and Application

The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.3) 2017 applies to the specified model of clothes washing machine, the Samsung Electronics Australia Pty Ltd 'Flexwash' dual drum washing machine, which includes a smaller top loading washing machine sitting on top of a larger 16kg front loading washing machine. The exemption pertains to the upper washer component of this model from the labelling and testing requirements set out in section 7 of the Greenhouse and Energy Minimum Standards (Clothes Washing Machines) Determination 2015. This Instrument is made under the authority of the Greenhouse and Energy Minimum Standards Act 2012 and is applicable nationally within Australia. The exemption is subject to specific conditions, including compliance with labelling and testing requirements for the 16kg front loading washing machine and the addition of a label to clarify that the energy rating label pertains only to the bottom 16kg washing machine. The exemption is intended to address the minimal negative impact on greenhouse gas emissions and to encourage innovation while preventing consumer confusion.

Key Provisions

The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.3) 2017 is a legislative instrument under section 37 of the Greenhouse and Energy Minimum Standards Act 2012 (the Act). This particular instrument exempts a specific model of clothes washing machine, referred to as the ‘Flexwash’, from certain requirements of the Greenhouse and Energy Minimum Standards (Clothes Washing Machines) Determination 2015 (the Determination). The exemption pertains to the upper washer component of the Flexwash, which is a smaller top loading washing machine that is designed to operate only with cold water. This exemption is granted subject to certain conditions outlined in section 6 of the Instrument. The primary aim of this exemption is to allow the manufacturer, Samsung Electronics Australia Pty Ltd, to innovate without undue restrictions, while still mitigating any potential negative environmental impacts. Under this Act, the Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.3) 2017 imposes several obligations on the parties involved. The manufacturer, Samsung Electronics Australia Pty Ltd, is required to comply with the labelling and testing requirements stipulated in section 7 of the Determination for the 16kg front loading washing machine component of the Flexwash. Additionally, an additional label must be affixed under the energy rating label for the 16kg washing machine to clearly indicate that the energy rating pertains solely to the bottom washing machine. This is intended to prevent consumer confusion regarding the energy ratings of the dual drum washing machine. The exemption is contingent upon the manufacturer adhering to these conditions, which are outlined in clause 4 of the Schedule to the Instrument. There are no specific offences, penalties, or consequences outlined in the Instrument for breach of its provisions. However, any failure to comply with the conditions of the exemption could potentially lead to the revocation of the exemption itself, which could result in the manufacturer being subject to the requirements of the Determination. This could have significant implications for the manufacturer, including increased compliance costs and potential market disadvantages compared to competitors whose products are not subject to the Determination’s requirements. The Instrument also ensures compatibility with human rights, as it does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Legal classification tags

Area of Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Exemptions & Exclusions
Conditions of Exemption

Interactions

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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.