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.5) 2016
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.
The purpose of the Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.5) 2016 (the Instrument) is to exempt the specified air conditioners from the requirements specified in sections 6 and 7 of the Greenhouse and Energy Minimum Standards (Air Conditioners and Heat Pumps) Determination 2013 (the Determination).
Mitsubishi Electric Australia Pty Ltd (the applicant) has sought an exemption from the Determination for four of its air conditioner models. The applicant asserts that there would be difficulty in testing these models in accordance with section 6 of the Determination because the models are designed for commercial and industry purposes, rather than for human comfort. Consequently, the applicant would face considerable costs to comply with the Determination if the exemption was not granted.
Consultation
The exemption set out in the Instrument was considered on application from the applicant named in the Instrument. Since the Instrument will only exempt the air conditioners produced by the applicant, consultation was undertaken only with the applicant for clarification of their 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 Models’ is defined in section 4.
5. Exemption
Section 5 exempts the air conditioner models specified in clause 1 of the Schedule (the Exempt Models) to the Instrument from the requirements of sections 6 and 7 of the Determination, subject to the conditions specified in section 6 of the Instrument.
6. Conditions of Exemption
Section 6 specifies that there are no conditions to which the exemption is subject.
7. Schedule – Exemption and conditions of exemption
The Schedule to the Instrument sets out the following terms:
- specifications of the Exempt Models;
- the requirements of the Determination from which the model is exempt;
- the supply and use to which the exemption applies; and
- conditions of the exemption.