Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2015

Administered by Department of Industry, Science and Resources

Legislation au F2015L00303 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Industry and Science

 

Greenhouse and Energy Minimum Standards Act 2012

 

Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2015

Purpose

The Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2015(Determination) establishes minimum energy efficiency,  energy labelling and product performance requirements, and associated requirements for conducting tests, for incandescent lamps for general lighting services (incandescent lamps).

This Determination revokes and replaces the Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2012 (F2012L02122) (revoked Determination).

Background

The Greenhouse and Energy Minimum Standards Act 2012 (Act) established a national framework for regulating the energy efficiency of products supplied or used within Australia, implementing Australian Government and the Council of Australian Governments (COAG) commitments to establish national legislation to regulate energy efficiency and labelling standards for appliances and other products. The national legislation permits the Australian Government to set mandatory minimum efficiency requirements for products, to drive greater energy efficiency for regulated products. The Act also allows the Australian Government to set nationally-consistent labelling requirements, to increase Australians’ awareness of options to improve energy efficiency and reduce energy consumption, energy costs and greenhouse gas emissions. The national framework replaced seven state and territory legislative frameworks, harmonising the regulation of equipment energy efficiency.

Historically, MEPS and energy labelling requirements were set out in Australian (AS) or Australian/New Zealand (AS/NZS) Standards and incorporated by reference in regulations, which were usually made under the relevant state or territory electrical safety legislation. Over time the COAG Equipment Energy Efficiency Program (E3 Program) developed the practice of setting the requirements by reference to the relevant AS or AS/NZS Standards. This practice was continued in the revoked Determination. While the substance of the MEPS, labelling and product performance requirements from the revoked Determination were unchanged in this Determination, certain terminology used in the AS/NZS Standard required clarification, and consequently the Determination sets a number of requirements in its own terms.

Selected definitions and text are extracted in the Determination from the relevant Australian or Australian/New Zealand Standards. This is done with the intention of making it possible to determine if a product is covered (or excluded) by the GEMS Determination without having to refer to the relevant standard.

MEPS requirements, or energy use requirements, relate to requirements for the minimum allowable energy efficiency of a product. They provide an energy efficiency ‘floor’ for that product type, below which individual models of that product type cannot be sold. The level of the floor can be raised over time, providing a means of raising the average energy efficiency of the product type.

Energy labelling requirements primarily relate to requirements for the display of energy rating labels, such as those commonly seen on products including refrigerators, dishwashers and televisions, amongst others. Energy rating labels allow consumers to compare the energy consumption of similar products, and factor potential cost savings into their purchasing decision. For some products (including those subject to this Determination) labelling requirements also relate to specific information that must be marked on the product itself or the box in which it is supplied.

Other regulatory requirements possible under the Act include requirements relating to high efficiency levels, product performance, and the impact of the product on the environment or the health of human beings. Of these types, only product performance requirements are set in this Determination. Product performance requirements are intended to ensure that minimum efficiency requirements or a higher number of stars on an energy rating label are not achieved by reducing the effectiveness of the product in its primary function. An example of this is the setting of minimum requirements for soil removal for clothes washers.

Under the Act the Minister has limited powers to vary existing GEMS Determinations. For example, section 35 of the Act prevents the Minister from varying an existing determination, by providing that section 33(3) of the Acts Interpretation Act 1901 does not apply in relation to a GEMS determination.

In order for the Minister to revise any of the GEMS requirements specified in an existing determination, the Minister must first revoke the existing GEMS determination (see section 35 of the Act) and then make a replacement determination that specifies the new requirements and any relevant existing requirements from the revoked determination.

This Determination is a replacement determination. It revises the terminology used in setting the energy use, energy labelling, and product performance requirements in order to provide greater clarity, without changing the substance of those requirements. It also extends the end date for the alternative initial efficacy requirement for mains voltage halogen (MVH) non-reflector lamps (product class 6) from 30 September 2013 (as was specified in the revoked Determination) to 30 September 2016. A particular product category mistakenly included in the revoked Determination (Mains voltage reflector (including halogen)) is not included in the replacement Determination. Many of the other components of this replacement Determination, including the definitions and testing requirements, remain the same as in the revoked Determination, and so are reproduced in the same form in this Determination.


Legislative basis

Under subsection 23(1) of the Act the Minister may, by legislative instrument, make a determination (a GEMS determination) that specifies one or more classes of products if the products in those classes use energy or affect the amount of energy used by other products. A GEMS determination is the vehicle by which energy efficiency requirements (GEMS level requirements), energy labelling requirements (GEMS labelling requirements) for classes of products and other requirements for a product class are established. Under section 35 of the Act, the Minister may revoke a GEMS determination and issue a replacement GEMS determination. The revoked determination ceases to be in force immediately before the replacement determination comes into force.

Under section 36 of the Act, a replacement determination must specify whether it affects the registration of models of GEMS products. Under subsection 36(2) of the Act, if a replacement determination does not specify that it affects a model’s registration, the model is taken to be registered against the replacement determination.  If a replacement determination specifies that it affects a model’s registration, then under paragraph 48(2)(c)of the Act, the model’s registration ceases to be in force from the time the replacement determination comes into force (or the beginning of the day a registration of the model against the replacement determination comes into force, whichever is the earlier).

Under section 25 of the Act the GEMS level requirements specified in a GEMS determination may be:

  • requirements relating to one or more of the following:
    • the amount of energy used in operating products in relevant product classes;
    • the amount of greenhouse gases resulting from operating products in the relevant product class;
    • the effect of those products on the amount of energy used by operating other products; and
  • requirements for conducting tests in relation to products in the relevant product class in order to determine whether the products meet the specified requirements.

Under section 26 of the Act the GEMS labelling requirements specified in a GEMS determination may be:

  • requirements relating to the information that must be communicated in connection with supplying or offering to supply products in the relevant product class;
  • requirements relating to the manner in which that information must be communicated; and
  • requirements for conducting tests in relation to products in the relevant product class in order to determine whether the products meet the specified requirements.

Under section 27 of the Act other requirements that may be specified in a GEMS determination are:

  • requirements for products in the relevant product class to meet a specified level (the high efficiency level);
  • requirements relating to the performance of products in the relevant product class;
  • requirements relating to the impact of products in that product class on the environment or on the health of human beings;
  • requirements for conducting tests in relation to products in the relevant product class in order to determine whether the products meet the specified requirements; and
  • requirements of a kind specified in the regulations for the purposes of this paragraph.

Consultation

The extension of the end date for the alternative initial efficacy requirement for MVH non-reflector lamps (product class 6) from 30 September 2013 to 30 September 2016 followed an approach from the Lighting Council of Australia about the inability of MVH non-reflector lamps available in the market to meet the MEPS requirements scheduled to be applied from 1 October 2013. While the efficacy level specified in the revoked Determination was the result of a proposal from the lighting industry, the lighting industry has previously sought, and obtained, delays in the application of MEPS for these products, on the basis that the alternative products that had been expected to be available were not sufficiently advanced. With effective, efficient and affordable lighting alternatives still not available, the Australian Government agreed that the application of the full MEPS requirements to these products be further delayed until 2016, in line with the current European Union timetable which includes a review in 2015 to ensure that efficient alternatives are available prior to implementation.

Industry was consulted on the revised terminology used in setting the energy use, energy labelling, and product performance requirements through a technical working group convened by the then Department of Resources, Energy and Tourism, consisting of a range of lighting organisations, and the relevant Standards Australia committee, in the context of proposed revisions to Parts 1 and 2 of AS/NZS 4934. No concerns with the revisions were raised in either forum.

Regulatory Impact

The revoked Determination reflected the requirements that had been set under previous state and territory legislation, prior to the Act coming into force, which had been the subject of a comprehensive Council Of Australian Governments (COAG) regulatory impact analysis process in 2008 and 2009.  As the regulatory proposals encapsulated by this Determination made no changes to the substance of those requirements, no further regulatory impact analysis was considered necessary.

Detailed description of the Determination

Details of the Determination are set out at Attachment A.

Statement of compatibility with human rights

A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out at Attachment B.

Attachment A

Details of the Determination

 

Section 1 – Name of Determination

This section sets out the title of the Determination.

 

Section 2 – Commencement, Revocation and Replacement

This section provides that the Determination commences the day after it is registered. It also provides that this Determination revokes and replaces the Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2012 (F2012L02122).

 

Section 3 – Definitions

This section sets out definitions for key terms used in the Determination. The definitions include:

 

  • definitions relating to the various Australian/New Zealand Standards by which the requirements of the Determination are specified;
  • a definition of “incandescent lamp”, which includes a “tungsten filament lamp” and a “tungsten halogen lamp”;
  • a definition of “luminaire”, which is given the same meaning as in AS 1852.845-1989;
  • definitions of “tungsten filament lamp” and “tungsten halogen lamp”, which are given the same meaning as in AS/NZS 4934.1:2014;
  • a definition of “general lighting”, which is given the same meaning as in IEC Standard IEC 60050-845 Edition 1;
  • a definition of “IEC Standard”, which is a standard published by, or on behalf of, the International Electrotechnical Commission;
  • a definition of “CIE Standard”, which is a standard published by, or on behalf of, the International Commission on Illumination; and
  • a definition of “standard”, which means an Australian Standard, an Australian/New Zealand Standard, an IEC Standard or any other equivalent document.

 

Section 4 – Interpretation

Section 4 provides guidance for interpreting certain aspects of the Determination.

 

Subsection 4(1)

 

The purpose of this subsection is to avoid any inconsistency in terminology between the Determination (and other elements of the GEMS legislation) and the standards referenced in section 3 of the Determination. It indicates that where a term used in the Determination is not defined in any part of the GEMS legislation, but is defined in a standard referenced in section 3, for the purposes of the Determination the term has the meaning set out in the applicable standard.

 

Subsection 4(2)

 

Unless otherwise specified, the applicable version of a document incorporated by reference in a legislative instrument is the version that existed on the date the instrument came into force. This is made clear for standards specifically referenced in section 3 of the Determination. However, often these standards refer to other standards or documents which also contain requirements that must be applied to give effect to the Determination or a standard referred to in the Determination. The purpose of this subsection is to make clear that the applicable version of these further documents is also the version that existed on the day the Determination came into force.

 

Section 5 – Specified product classes covered by this Determination

Section 5 sets out the scope of the Determination with respect to the class of products that it covers.

 

Subsection 5(1)

 

Subsection 5(1) provides that the Determination covers incandescent lamps used in general lighting services, as defined in section 3, in the 7 product classes set out in the table. The product classes are the same as in the revoked Determination except for the product class Mains voltage reflector (including halogen), included by error in the revoked Determination which is not included in the replacement Determination. The table provides information on the relevant characteristics that determine which products are covered by each of the 7 product classes, but some prospective registrants may need to refer to the relevant standards to determine which product class their product belongs to. Products that do not fall into one of the product classes are not covered by the Determination.

 

Subsection 5(2)

 

This subsection sets out product classes that are not covered by the Determination. These are automotive lamps, and certain special purpose lamps that are not intended for general purpose illumination and whose packaging is clearly marked to that effect. This reflects the product classes excluded in the revoked Determination.

 

Section 6 – GEMS level requirements

Section 6 specifies GEMS level requirements for energy use for incandescent lamps covered by the Determination, including requirements for conducting tests in order to demonstrate compliance with the energy use requirements, under section 25 of the Act.

 

Subsection 6(1)

 

This subsection specifies the GEMS level requirements for products in product classes 1 to 5 and product class 7. The initial efficacy requirement specified in this subsection is, apart from minor terminology changes, the same as that set out in clause 4.3 of AS 4934.2-2011.

 

Subsection 6(2)

 

This subsection specifies the GEMS level requirements for products in product class 6. The alternative initial efficacy requirement specified in this subsection is valid until 30 September 2016, at which point the requirements for this product class revert to those specified in subsection (1). Apart from minor terminology changes, the requirement is the same as the alternative initial efficacy requirement set out in clause 4.3 of AS 4934.2-2011.  

 

Subsection 6(3)

 

This subsection specifies that the requirements for conducting tests for products in product classes 1 to 7 are those set out in section 2 of AS/NZS 4934.1:2014.

 

Section 7 – GEMS labelling requirements

Section 7 specifies GEMS labelling requirements for incandescent lamps covered by the Determination under section 26 of the Act.

 

Subsection 7(1)

 

This subsection specifies the GEMS labelling requirements for products in all product classes. These requirements concern the information that must be marked on the packaging of the product, in relation to light output, wattage and lamp lifetime. These requirements are, with minor terminology changes for greater clarity, the same as those set out in clause 4.5 of AS 4934.2-2011.

 

Subsection 7(2)

 

This subsection specifies that the requirements for conducting tests for products in all product classes are those set out in section 2 of AS/NZS 4934.1:2014.

 

Subsection 7(3)

 

This subsection specifies the transitional GEMS labelling requirements for products in all product classes. These requirements allow for products to display either the GEMS label as required in the revoked Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2012 (F2012L02122) or the labelling requirements as set out in subsection 7(1) and 7(2) for a period of six months from the commencement of the Determination.

 

Subsection 7(4)

 

This subsection specifies requirements that for products in product classes 1 to 7 to use the transitional labelling requirements, the product must have been registered under the revoked Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2012 (F2012L02122) and also meets the requirements of section 6 of the Determination.

 

Section 8 – Other GEMS requirements

Section 8 specifies other GEMS requirements, in relation to product performance, for incandescent lamps covered by the Determination, including requirements for conducting tests in order to demonstrate compliance with these requirements, under section 27 of the Act.

 

These performance requirements are intended to prevent products entering the Australian market that are designed to meet GEMS requirements but are unfit for the product’s intended purpose.

 

Subsection 8(1)

 

The table in subsection 8(1) specifies the product performance requirements for products in product classes 1 to 6 and product class 8. The requirements set out in the table are, with minor terminology changes for greater clarity, the same as the lifetime and lumen maintenance requirements in clause 4.2 of AS 4934.2-2011.

 

Subsection 8(2)

 

This subsection provides that the product performance requirements for products in product class 7 are the requirements set out in table 1 of subsection 8(1), and the maximum wattage requirements set out in clause 4.4 of AS 4934.2-2011.

 

Subsection 8(3)

 

This subsection specifies that the requirements for conducting tests for products in all product classes are those set out in section 2 of AS/NZS 4934.1:2014.

 

Section 9 – Family of models

Section 28 of the Act provides that a GEMS determination must specify, for each product class covered by the determination, the circumstances in which two or more models in that product class are in the same family of models. The circumstances (described below) are the same as in the revoked Determination.

 

Subsection 9(1)

 

This subsection specifies the circumstances in which two or more models of incandescent lamps form a single product class covered by this Determination may be in the same family of models. This subsection operates, subject to subsection 9(2).

 

The specified circumstances are when the models (a) are of a single brand, (b) rely on the same test report, (c) have the same physical characteristics that are relevant to complying with the GEMS level requirements, the GEMS labelling requirements and the other GEMS requirements, and (d) have the same claimed energy performance characteristics that are relevant to complying with those requirements. The effect of these specified circumstances is to limit the physical differences that are allowed between models that may be registered in the same family of models.

 

An example of physical differences that might be allowed between two or more models with the same energy performance in order for them to be registered in the same family of models is different cap types (for example, bayonet cap or edison screw) or sizes.

 

Subsection 9(2)

 

This subsection specifies, for subsection (1), that a family may consist of no more than four models.

 

Section 10 – Product categories

Section 29 of the Act requires that a GEMS determination specify whether the products it covers are category A or category B products. Category B products are subject to higher penalties than category A products for certain offences under the Act, on the basis that category B products have a high impact on energy use or greenhouse gas production.

 

Section 10 specifies that incandescent lamps covered by the Determination are category A products. This is unchanged from the revoked Determination.

 

Section 11 – Registrations affected by this Determination

Section 36 of the Act provides that if a replacement determination does not specify that it affects a model’s registration, the model is taken to be registered against the replacement determination.

 

This section specifies that the Determination does not affect the registration of any model registered against the revoked determination, the Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2012 (F2012L02122). Consequently, all models registered under the revoked determination are considered to be registered against the replacement determination.

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 (Incandescent Lamps for General Lighting Services) Determination 2015

 

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 (Incandescent Lamps for General Lighting Services) Determination 2015 prescribes matters relating to minimum energy efficiency and energy labelling requirements for incandescent lamps under the Greenhouse and Energy Minimum Standards Act 2012. The Determination establishes requirements for energy use, energy labelling and product performance, including requirements for conducting tests in order to demonstrate compliance with those requirements. The Determination also sets out the circumstances in which two or more models in a product class may be a family of models, and establishes the applicable product category for the purposes of calculating certain penalties under the Act.

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.

 

The Hon Ian Macfarlane MP
Minister for Industry and Science

 

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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.