Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 3) 2022

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

Legislation au F2022L01738 In force Legislative Instrument

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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) 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. 3) 2022 (Instrument) is to exempt supplies by Hewlett Packard Australia Pty Ltd (HPA), trading as Hewlett Packard Enterprise of a specified computer server from the minimum energy performance (MEPS) requirement relating to the standby (off) power mode consumption (standby MEPS requirements) set out in subsection 6(1)(b) of the  Greenhouse and Energy Minimum Standards (Computers) Determination 2013 (2013 Determination).

The remote management capabilities of the ProLiant MicroServer Gen10 Plus v2 (Gen10 Plus v2), both small-scale computer servers, which remain on even when the servers are in standby mode, make it difficult for these servers to comply with the standby MEPS requirements.

The GEMS Regulator considered all the matters set out in the Regulation and has decided to grant the exemption requested by HPA. While the units do not meet the standby MEPS requirements in relation to standby (off mode) power consumption, the GEMS Regulator is satisfied that the impact on Australia’s greenhouse gas emissions as a result of the exemption will not be significant as the projected sales are not large.

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

Further details of the Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 3) 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. 3) 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. 3) 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 model’ is defined in section 5 of the Instrument.

Section 5 – Exemption

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

Section 6 – Repeal 

This section provides that the Legislative Instrument is repealed on 30 November 2029.

Schedule 1 – Exemption and condition of exemption

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

  • the specified exempt model, including model number and product description covered by the Legislative Instrument (clause 1);
  • the requirements of the 2013 Determination from which the model is 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. 3) 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. 3) 2022 specifies models of Greenhouse and Energy Minimum Standards (GEMS) products that the GEMS Regulator has exempted from the requirements of subsection 6(1)(b) of the Greenhouse and Energy Minimum Standards (Computers) Determination 2013.

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. 3) 2022 was enacted to address a specific issue with certain computer servers that were unable to comply with the minimum energy performance standards due to their remote management capabilities. This legislative instrument was introduced under the authority of the Greenhouse and Energy Minimum Standards Act 2012, which empowers the Greenhouse and Energy Minimum Standards Regulator to exempt particular models of products from certain requirements if deemed necessary. The policy objective behind this exemption is to ensure that the environmental impact of non-compliance remains minimal, particularly when the projected sales of the non-compliant products are not significant. The exemption granted by this legislative instrument allows Hewlett Packard Australia Pty Ltd to continue supplying their specified server models, acknowledging the technical challenges these models face in meeting the specified energy performance standards.

Scope and Application

The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 3) 2022 is a legislative instrument under the Greenhouse and Energy Minimum Standards Act 2012, which allows the Greenhouse and Energy Minimum Standards Regulator to exempt specified models of GEMS products from certain requirements of a GEMS determination. This instrument exempts Hewlett Packard Australia Pty Ltd, trading as Hewlett Packard Enterprise, from the minimum energy performance (MEPS) requirements relating to the standby (off) power mode consumption for two specific computer server models, the ProLiant MicroServer Gen10 Plus v2. This exemption applies to all supplies of these models, acknowledging that their remote management capabilities, which remain active during standby mode, make compliance with the standby MEPS requirements challenging. The exemption is granted on the condition that the exemption will not significantly impact Australia's greenhouse gas emissions due to the projected limited sales of the exempt models. Despite this exemption, the models must still be registered under the Act. The instrument includes specific details such as the name of the instrument, its commencement date post-registration, the authority under which it is made, and definitions of terms used within the instrument. Additionally, the instrument specifies the exemption and its conditions, and it will be repealed on 30 November 2029.

Key Provisions

The Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 3) 2022 (Instrument) is an instrument under the Greenhouse and Energy Minimum Standards (GEMS) Act 2012, specifically addressing exemptions for certain computer server models from energy performance standards. Section 37(1) of the Act permits the GEMS Regulator to exempt specified models of GEMS products from one or more requirements of a GEMS determination, and this Instrument exercises that authority. It exempts the Hewlett Packard Australia Pty Ltd (HPA) ProLiant MicroServer Gen10 Plus v2 from the minimum energy performance (MEPS) requirements for standby (off) power mode consumption as set out in the Greenhouse and Energy Minimum Standards (Computers) Determination 2013. This exemption is subject to certain conditions, which are outlined in the Instrument (Section 5). The obligations and requirements imposed by this Instrument primarily concern HPA and the affected computer servers. HPA must ensure that the exempted models are still registered under the Act, as per the requirements outlined in the GEMS Act. Additionally, HPA must comply with any conditions specified by the GEMS Regulator as part of the exemption. The Instrument does not place significant regulatory burdens on businesses or other entities but requires adherence to the exemption conditions and registration obligations. Breaching the conditions of the exemption or failing to comply with the registration requirements could result in legal consequences. While the Instrument does not specify maximum penalties, non-compliance with GEMS regulations generally could lead to enforcement actions by the GEMS Regulator, including fines and other penalties as outlined in the GEMS Act. The Instrument does not specify particular penalties but indicates that compliance is essential to avoid regulatory repercussions. The Statement of Compatibility with Human Rights attached to the Instrument confirms that it does not engage any of the applicable rights or freedoms, thus maintaining its alignment with human rights 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.