Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2012

Overview

The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2012 was enacted to address the need for cost recovery mechanisms in the administration of the Greenhouse and Energy Minimum Standards Act 2012. This legislation, enacted by the Australian Parliament, aims to regulate the registration of products and establish offences for the supply or commercial use of unregistered products, thus ensuring compliance with energy efficiency standards. The policy objective is to enable the Greenhouse and Energy Minimum Standards (GEMS) Regulator to recover costs associated with product registration and compliance monitoring, thereby improving the quality of services provided to businesses and the public. The fees specified in this Instrument are consistent with the historical practices of the Equipment Energy Efficiency Program, ensuring a smooth transition and continued effectiveness in energy efficiency monitoring. Consultation with Australian businesses and relevant state and territory governments was extensive, garnering strong support for the registration fee structure as a means to support cost recovery and enhance regulatory services. The fees are designed to cover the costs of registration staff, the registration system, and the inspection and monitoring program, ensuring that the GEMS Regulator can effectively monitor compliance and energy efficiency trends. The fees are categorised into bands based on the type of product, with specific amounts outlined in Schedule 1, reflecting the costs associated with different product categories.

Scope and Application

The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2012 applies to entities and individuals required to register products under the Greenhouse and Energy Minimum Standards Act 2012. This Act pertains to regulated products that are supplied or used commercially in Australia, and the registration fees are intended to recover a portion of the costs incurred by the Greenhouse and Energy Minimum Standards (GEMS) Regulator in managing the registration and compliance monitoring processes. The fees are specified for different classes of regulated products and are consistent with the historical practices of the Equipment Energy Efficiency Program, which has been in place for twenty years. The legislation is a Commonwealth instrument and is consistent across states and territories that participate in the E3 Program. The Instrument specifies fees for each regulated product class, which must be paid when a person applies to register a model of a regulated product, ensuring that the GEMS Regulator can monitor compliance and ascertain trends in product energy efficiency. There are no stated exclusions, exemptions, or thresholds in the Instrument; however, the fees are intended to assist the GEMS Regulator in delivering improved registration and compliance monitoring services for the benefit of Australian businesses and the public.

Key Provisions

The main operative sections of the Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2012 (the "Instrument") are set out in Section 5 (referenced as (5) in the text), which specifies the registration fees that must be paid when a person applies to register a product under the Greenhouse and Energy Minimum Standards Act 2012. This section is further elaborated in Schedule 1, which lists four fee bands and specifies which fee band applies to applications to register products covered by a determination made under the Act. The amount of the fee for each product type reflects the identified costs of registration staff and the registration system, as well as costs incurred in the inspection and monitoring program such as purchasing and testing equipment. This detailed fee structure is designed to ensure that the Greenhouse and Energy Minimum Standards (GEMS) Regulator can recover a portion of the costs incurred in registering products and monitoring compliance with the GEMS legislation. The Instrument imposes obligations on parties or entities it governs, particularly those who wish to register products under the Act. These obligations include the payment of specified registration fees as outlined in Section 5 (referenced as (5) in the text) and Schedule 1 of the Instrument. By specifying these fees, the Act aims to assist the GEMS Regulator in delivering improved registration and compliance monitoring services. Failure to comply with these obligations, such as not paying the required registration fees, may result in legal consequences, including the inability to register a product and thus its prohibition from being supplied or commercially used in Australia. Any breaches of the requirements set out in the Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2012 can lead to civil or criminal consequences. The Act itself, the Greenhouse and Energy Minimum Standards Act 2012, provides for offences related to the supply or commercial use of products that must be registered under that Act. However, the specific penalties for breaching the registration fee provisions are not detailed within the Instrument itself. The penalties for any breaches would likely be addressed within the main Act, but they may include fines or other financial penalties, as well as potential legal action against the offending party or entity. These consequences underscore the importance of compliance with the registration fees to ensure the proper functioning of the GEMS legislation.