Greenhouse and Energy Minimum Standards (Fees for GEMS Regulator Services) Instrument 2019

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

Legislation au F2019L00489 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 (Fees for GEMS Regulator Services) Instrument 2019

Purpose and Operation

The Greenhouse and Energy Minimum Standards Act 2012 (GEMS Act) requires models of products that are covered by a Greenhouse and Energy Minimum Standards determination to be registered and provides offences for the supply, offer to supply or use for commercial purposes of GEMS products that are not registered.

Under section 41 of the GEMS Act, a person may apply to the GEMS Regulator to register in relation to a product class:

(a) a single model of GEMS products, specified in the application; or

(b) 2 or more models of GEMS products, specified in the application, that are in the same family of models.

Under section 46(1) of the Act, a person may apply to the GEMS Regulator to vary an existing registration in order to add additional product models in the same family of models.

Registrants may also wish to submit a test report in relation to an existing registered product in circumstances where a replacement GEMS determination (see section 11 of the Act) specifies a revised test method. This will support compliance with the requirements of the relevant determination for the purposes of continuing registration under the replacement determination (see section 36 of the Act) and the accuracy of the information contained in the GEMS Register kept under section 40 of the Act. This assessment by the GEMS Regulator will assist registrants and consumers by facilitating reliable use of updated product labelling provided for under replacement determinations.

Section 77 of the Act enables the GEMS Regulator to charge fees for services provided in the performance of his or her functions. Such fees are different to those charged under the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012, which relate to the fee payable to register a product under section 41 of the Act and specifically recover the costs of registering products and monitoring compliance. 

This instrument specifies fees for the GEMS Regulator varying a registration to add an additional model in the same family, and updating a registration with a new test report. Both of the services identified in this instrument require the assessment of documentation against specified requirements. The fee specified for both of these services is $210.00. This amount is based on the costs incurred by the GEMS Regulator in the assessment aspect of processing a registration application made under section 41 of the GEMS Act, and includes an additional amount to cover the costs of the expected volume and complexity of enquiries in relation to these services. The fees are commensurate with the costs that would be incurred by the Regulator to carry out the services covered by this instrument.

Consultation

The Australian Government conducted extensive consultation with Australian businesses throughout the development of the GEMS Act. The Australian Government also consulted with the governments of New Zealand and Australian states and territories, who were all involved in transferring the then twenty-year old E3 Program to the new framework.

One component of the consultation process was to address registration fees to recover registration and compliance monitoring costs, and this included fees for adding additional models to an existing registration. Australian businesses provided strong support for fees to recover these costs on the understanding that it would assist the GEMS Regulator to improve registration and compliance monitoring services.

Recent consultation processes on revised GEMS requirements for air conditioners, household refrigerating appliances, and commercial refrigerated cabinets all included discussion of the ability to update registrations with new test reports where a new test methodology was imposed. Industry stakeholders supported this approach, on the assumption that the fee would reflect the assessment costs only, over the alternative which was to require new registrations and the payment of the full registration fee in all cases.

Authority

Subsection 77(1) of the Greenhouse and Energy Minimum Standards Act 2012 permits the GEMS Regulator to charge fees for services provided by, or on behalf of, the GEMS Regulator in the performance of his or her functions. The GEMS Regulator functions covered by this instrument are referenced in Schedule 1.

This Instrument also relies upon subsection 33(3) of the Acts Interpretation Act 1901 as the basis for revoking the Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2017. Subsection 33(3) provides that, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.

Detailed description of provisions in the Instrument

Part 1 Preliminary

1  Name of instrument

Section 1 sets out the name of the instrument.

2  Commencement

Section 2 provides for the commencement of the instrument.

3  Revocation

Section 3 provides that the instrument revokes the Greenhouse and Energy Minimum Standards (Variation of a Model’s Registration – Application Fees) Instrument 2014.

4  Purpose

Section 4 sets out the purpose of the instrument, which is to specify the fees payable for services provided by the GEMS Regulator that are identified in the instrument.

5  Power

Section 5 provides that subsection 77(1) of the GEMS Act is the legislative power under which this instrument is made. Subsection 77(1) enables the GEMS Regulator to charge fees for services provided by, or on behalf of, the GEMS Regulator in the performance of his or her functions.  

6  Interpretation

Section 6 clarifies that any terms in the instrument that are defined in the GEMS Act have the same meaning, unless otherwise specified.

7  Application

Section 7 sets out that the instrument applies to the services identified in Schedule 1.

Part 2 Fees

8  Fees

Section 8 provides that the GEMS Regulator services for which fees are payable, and the applicable fee, are specified in Schedule 1.

Schedule 1

Schedule 1 identifies the relevant GEMS Regulator services, and the applicable fee, in tabular form. The identified services are:

  • an application to vary a registration to cover additional models (Act section 46); and
  • assessment of a test report for a registered product, for the purposes of maintaining the GEMS Register, where a new test method has been specified in a new determination (Act section 40).

 


Overview

The Greenhouse and Energy Minimum Standards (Fees for GEMS Regulator Services) Instrument 2019 was introduced to address the need for specific fees for services provided by the Greenhouse and Energy Minimum Standards (GEMS) Regulator under the Greenhouse and Energy Minimum Standards Act 2012. Enacted by the Greenhouse and Energy Minimum Standards Regulator, the instrument aims to specify fees for services related to the variation of product registrations and the assessment of test reports for registered products, ensuring these fees are commensurate with the costs incurred by the Regulator. The policy objective behind this instrument is to facilitate efficient and reliable product registration and compliance monitoring services by recovering the costs associated with these specific services, thereby supporting the integrity of the GEMS framework. The instrument was developed following extensive consultation with Australian businesses, New Zealand, and state and territory governments, reflecting industry support for fees that accurately reflect the costs of these services. By setting fees for varying a registration to add additional models and updating a registration with a new test report, the instrument aims to assist registrants and consumers by maintaining accurate and updated product information in the GEMS Register. This approach ensures that the fees charged are based on the actual assessment costs, providing a transparent and cost-reflective fee structure for the services provided by the GEMS Regulator.

Scope and Application

The Greenhouse and Energy Minimum Standards (Fees for GEMS Regulator Services) Instrument 2019 applies to services provided by the Greenhouse and Energy Minimum Standards (GEMS) Regulator in relation to specific activities under the Greenhouse and Energy Minimum Standards Act 2012. These services include applications to vary an existing registration to add additional models within the same family of products and assessments of test reports submitted in relation to registered products where a new test methodology has been specified in a replacement determination. The Act applies to persons and entities engaged in the supply, offer to supply, or use for commercial purposes of products covered by a Greenhouse and Energy Minimum Standards determination. The instrument sets a fee of $210 for each of these services, reflecting the costs incurred by the GEMS Regulator in the assessment of documentation against specified requirements. This instrument applies nationally across Australia, under the authority granted by the Greenhouse and Energy Minimum Standards Act 2012, and it revokes the Greenhouse and Energy Minimum Standards (Variation of a Model’s Registration – Application Fees) Instrument 2014. The Act does not specify any exclusions, exemptions, or thresholds in relation to the services covered by this instrument. The scope of application may be extended or restricted through subordinate instruments made under the authority of the Act.

Key Provisions

The Greenhouse and Energy Minimum Standards (Fees for GEMS Regulator Services) Instrument 2019 outlines the fees associated with two specific services provided by the GEMS Regulator. Under section 8 of the Instrument, the fee for varying an existing registration to include additional models in the same family of products is set at $210 (Schedule 1, Item 1). Additionally, the fee for updating a registration with a new test report, when a new test methodology is specified, is also $210 (Schedule 1, Item 2). These fees are based on the costs incurred by the Regulator in assessing the documentation against specified requirements. The fees are designed to recover costs while ensuring that the services remain accessible to registrants. The Act imposes obligations on registrants to ensure compliance with the Greenhouse and Energy Minimum Standards (GEMS). Section 41 allows for the registration of a single model or multiple models of GEMS products that are specified in the application. Section 46 permits the variation of an existing registration to include additional models in the same family. Furthermore, section 40 requires registrants to maintain accurate information in the GEMS Register, which involves updating registrations with new test reports when a revised test method is specified. This ensures that the products continue to comply with current standards and that the information available to consumers is accurate. Failure to comply with the requirements of the GEMS Act can result in significant consequences. For instance, supplying, offering to supply, or using for commercial purposes products that are not registered or do not comply with the relevant standards may result in offences under the Act. While the specific penalties for breaches are not detailed in the Instrument, the GEMS Act generally provides for fines and other penalties that may apply. The Act also allows for civil and criminal proceedings to be initiated against those who contravene its provisions, which can lead to substantial financial penalties and other legal consequences. The Instrument is designed to ensure that the GEMS Regulator can effectively manage the registration and compliance processes for GEMS products. By setting specific fees for the services provided, the Instrument helps to ensure that the Regulator can recover the costs associated with these services, thereby maintaining the quality and integrity of the registration process. The fees are structured to reflect the actual costs incurred, ensuring that the services remain efficient and accessible for registrants while supporting the overarching goals of the GEMS Act.

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Area of Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Fees
Regulatory Standards
Licensing & Registration

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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.