Greenhouse and Energy Minimum Standards (GEMS Regulator) Delegation 2025
I, Daniel Croucher, GEMS Regulator, make the following delegations.
Dated 30 May 2025
Daniel Croucher
GEMS Regulator
Contents
Part 1 — Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2 — Delegations
5 Delegations relating to functions and powers under the Act
6 Period of delegation
Part 3 — Interaction with other instruments made under the Act
7 Delegation taken to be subsequent
Schedule 1
Part 1 — Preliminary
1 Name
This instrument is the Greenhouse and Energy Minimum Standards (GEMS Regulator) Delegation 2025.
2 Commencement
This instrument commences on 20 September 2022.
Note: Subsection 12(1A) of the Legislation Act 2003 provides that a legislative instrument or notifiable instrument may provide that the instrument, or a provision of the instrument, commences before the instrument is registered. Upon registration of this instrument as a notifiable instrument, this instrument would be a notifiable instrument (see paragraph 11(2)(c) of the Legislation Act 2003).
3 Authority
This instrument is made under section 80 of the Greenhouse and Energy Minimum Standards Act 2012.
4 Definitions
In this instrument:
Act means the Greenhouse and Energy Minimum Standards Act 2012.
Delegation period – see section 6.
Part 2 — Delegations
5 Delegations relating to functions and powers under the Act
Under section 80 of the Act, and with the agreement of the State of Victoria, the functions and powers listed in each item of the table in Schedule 1 are delegated to the employees of Energy Safe Victoria who occupied or performed the duties of the positions specified therein during the delegation period.
6 Period of delegation
The delegations referred to in section 5 of this instrument apply for the period 20 September 2022 to 17 September 2024 (the delegation period).
Part 3 — Interaction with other instruments made under the Act
7 Delegation taken to be subsequent
This instrument is to be taken as a subsequent delegation for the purposes of interpreting the application of any revocation clause contained in any previous delegation instrument made under section 80 of the Act.
Schedule 1
Note: see Part 2
Item | Statutory provision of the Act | Power/Function | Delegates |
1. | Subsections 43(1), 43(2), 43(3), and 43(4) | Power to register a product model in accordance with subsection 43(1), or to refuse to register a product model in accordance with subsections 43(2), 43(3) or 43(4). | - General Manager, Electrical Safety and Technical Regulation, Energy Safe Victoria
- Head of Electrical Equipment Safety and Efficiency, Electrical Equipment Safety and Efficiency, Energy Safe Victoria
- Senior Engineer, Standardisation and Certification, Electrical Equipment Safety and Efficiency, Energy Safe Victoria
- Energy Efficiency Officer, Electrical Equipment Safety and Efficiency, Energy Safe Victoria
- Safety and Energy Efficiency Engineer, Electrical Equipment Safety and Efficiency, Energy Safe Victoria
- General Manager, Gas and Pipeline Safety and Technical Regulation, Energy Safe Victoria
- Manager, Type A Gas Appliance and Component Safety, Energy Safe Victoria
- Senior Gas Engineer, Type A Gas Appliance and Component Safety, Energy Safe Victoria
- Gas Engineer, Type A Gas Appliance and Component Safety, Energy Safe Victoria
- Electrical Equipment Certification Manager
- Gas Equipment Safety Manager
- Senior Engineer (Gas) Gas Installation and Equipment Safety
- Engineer (Gas) Gas Installation and Equipment Safety
- Energy Efficiency Officer Renewable Energy Safety
|
2. | Subsection 45(1) | Power to impose conditions on a product model’s registration in accordance with section 45(1). | - General Manager, Electrical Safety and Technical Regulation, Energy Safe Victoria
- Head of Electrical Equipment Safety and Efficiency, Electrical Equipment Safety and Efficiency, Energy Safe Victoria
- Senior Engineer, Standardisation and Certification, Electrical Equipment Safety and Efficiency, Energy Safe Victoria
- Energy Efficiency Officer, Electrical Equipment Safety and Efficiency, Energy Safe Victoria
- Safety and Energy Efficiency Engineer, Electrical Equipment Safety and Efficiency, Energy Safe Victoria
- General Manager, Gas and Pipeline Safety and Technical Regulation, Energy Safe Victoria
- Manager, Type A Gas Appliance and Component Safety, Energy Safe Victoria
- Senior Gas Engineer, Type A Gas Appliance and Component Safety, Energy Safe Victoria
- Gas Engineer, Type A Gas Appliance and Component Safety, Energy Safe Victoria
- Electrical Equipment Certification Manager
- Gas Equipment Safety Manager
- Senior Engineer (Gas) Gas Installation and Equipment Safety
- Engineer (Gas) Gas Installation and Equipment Safety
- Energy Efficiency Officer Renewable Energy Safety
|
3. | Subsections 46(2), 46(3) and 46(4) | Power to vary a product model’s registration to cover one or more additional models in accordance with subsection 46(2), or to refuse to vary a product model’s registration to cover one or more additional models in accordance with subsections 46(3) or 46(4). | - General Manager, Electrical Safety and Technical Regulation, Energy Safe Victoria
- Head of Electrical Equipment Safety and Efficiency, Electrical Equipment Safety and Efficiency, Energy Safe Victoria
- Senior Engineer, Standardisation and Certification, Electrical Equipment Safety and Efficiency, Energy Safe Victoria
- Energy Efficiency Officer, Electrical Equipment Safety and Efficiency, Energy Safe Victoria
- Safety and Energy Efficiency Engineer, Electrical Equipment Safety and Efficiency, Energy Safe Victoria
- General Manager, Gas and Pipeline Safety and Technical Regulation, Energy Safe Victoria
- Manager, Type A Gas Appliance and Component Safety, Energy Safe Victoria
- Senior Gas Engineer, Type A Gas Appliance and Component Safety, Energy Safe Victoria
- Gas Engineer, Type A Gas Appliance and Component Safety, Energy Safe Victoria
- Electrical Equipment Certification Manager
- Gas Equipment Safety Manager
- Senior Engineer (Gas) Gas Installation and Equipment Safety
- Engineer (Gas) Gas Installation and Equipment Safety
- Energy Efficiency Officer Renewable Energy Safety
|
4. | Subsections 65(1), 65(2), 65(3) | Power to request further specified documentation or information from applicants by written notice, including test reports and to require that documentation or information be verified by statutory declaration. | - General Manager, Electrical Safety and Technical Regulation, Energy Safe Victoria
- Head of Electrical Equipment Safety and Efficiency, Electrical Equipment Safety and Efficiency, Energy Safe Victoria
- Senior Engineer, Standardisation and Certification, Electrical Equipment Safety and Efficiency, Energy Safe Victoria
- Energy Efficiency Officer, Electrical Equipment Safety and Efficiency, Energy Safe Victoria
- Safety and Energy Efficiency Engineer, Electrical Equipment Safety and Efficiency, Energy Safe Victoria
- General Manager, Gas and Pipeline Safety and Technical Regulation, Energy Safe Victoria
- Manager, Type A Gas Appliance and Component Safety, Energy Safe Victoria
- Senior Gas Engineer, Type A Gas Appliance and Component Safety, Energy Safe Victoria
- Gas Engineer, Type A Gas Appliance and Component Safety, Energy Safe Victoria
- Electrical Equipment Certification Manager
- Gas Equipment Safety Manager
- Senior Engineer (Gas) Gas Installation and Equipment Safety
- Engineer (Gas) Gas Installation and Equipment Safety
- Energy Efficiency Officer Renewable Energy Safety
|
Overview
The Greenhouse and Energy Minimum Standards (GEMS Regulator) Delegation 2025 was enacted to delegate specific functions and powers to employees of Energy Safe Victoria, as agreed upon by the State of Victoria. This instrument, which commenced on 20 September 2022, was made under section 80 of the Greenhouse and Energy Minimum Standards Act 2012. The policy objective of this delegation is to ensure the efficient administration of energy efficiency and safety standards by empowering designated personnel within Energy Safe Victoria to perform specific regulatory tasks. This delegation applies for the period from 20 September 2022 to 17 September 2024, thereby providing a clear and limited timeframe for the exercise of these powers.
Scope and Application
The Greenhouse and Energy Minimum Standards (GEMS Regulator) Delegation 2025, made under section 80 of the Greenhouse and Energy Minimum Standards Act 2012, delegates specific functions and powers to certain employees of Energy Safe Victoria. The delegation applies to those employees who occupied or performed the duties of the specified positions during the period from 20 September 2022 to 17 September 2024. The functions and powers delegated include the authority to register product models, impose conditions on product model registrations, vary product model registrations, and request additional documentation or information from applicants, among others. This delegation is made with the agreement of the State of Victoria and is intended to facilitate the efficient administration of the Act's provisions. This instrument is to be taken as a subsequent delegation for the purposes of interpreting the application of any revocation clause contained in any previous delegation instrument made under section 80 of the Act.
Key Provisions
The Greenhouse and Energy Minimum Standards (GEMS Regulator) Delegation 2025I provides specific delegations of powers and functions under the Greenhouse and Energy Minimum Standards Act 2012. Section 5 of the instrument delegates certain functions and powers to employees of Energy Safe Victoria, with these delegations taking effect from 20 September 2022 until 17 September 2024. The delegated functions include the power to register a product model, impose conditions on a product model’s registration, vary a product model’s registration, and request further documentation or information from applicants. These specific functions are detailed in Schedule 1, which lists the statutory provisions and corresponding powers or functions delegated to various positions within Energy Safe Victoria.
The obligations imposed on the parties governed by this Act are primarily administrative and procedural. Energy Safe Victoria employees who are delegated specific functions and powers must exercise these within the scope and terms of their delegations. They must ensure that all actions taken under these delegations comply with the requirements set out in the Greenhouse and Energy Minimum Standards Act 2012. Furthermore, these employees are required to maintain records and documentation that support their actions and decisions, particularly when exercising powers to register products, impose conditions, or request additional information. These obligations ensure that the regulatory processes are transparent, accountable, and in line with legislative requirements.
The instrument does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches within its text. However, the Greenhouse and Energy Minimum Standards Act 2012, under which this delegation is made, likely contains provisions that address non-compliance and breaches. Generally, breaches of legislative requirements in this context could result in administrative penalties, such as fines, or more severe consequences depending on the nature and severity of the breach. For instance, improper registration or failure to comply with imposed conditions could be subject to penalties under the overarching Act. Given the regulatory nature of the functions delegated, any significant non-compliance could potentially lead to enforcement actions, including legal proceedings, to ensure adherence to the standards set by the Act.