EXPLANATORY STATEMENT
Issued by the Authority of the Greenhouse and Energy Minimum Standards Regulator
Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012
Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2013 (No.2)
The Greenhouse and Energy Minimum Standards Act 2012 requires models of products that are covered by a Greenhouse and Energy Minimum Standards (GEMS) Determination to be registered and provides offences for supply or commercial use of GEMS products that are not registered. A person may apply for registration under section 41 of the Act. Registration ensures that the GEMS Regulator can identify which products are being sold in Australia, to assist monitoring of compliance with the Act and ascertain trends in product energy efficiency.
Section 8 of the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012 permits the GEMS Regulator to specify fees, by legislative instrument, which must be paid when a person applies to register a product under section 41 of the Greenhouse and Energy Minimum Standards Act 2012.
Registration fees will assist the GEMS Regulator to recover a portion of the costs incurred in registering products under, and to monitor compliance with, the GEMS legislation. Cost recovery will assist the GEMS Regulator to deliver improved registration and compliance monitoring services, for the benefit of regulated Australian businesses and the Australian public.
The requirements to register products, and pay registration fees, established under the Greenhouse and Energy Minimum Standards Act 2012 are consistent with the historical practices of the twenty-year old Equipment Energy Efficiency Program.
The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2013 (No.2) specifies the fees for each regulated product class that must be paid when a person applies to register a model of a regulated product.
Consultation
The Australian Government conducted extensive consultation with Australian businesses throughout the development of the Greenhouse and Energy Minimum Standards Act 2012, as well as consulting with the governments of New Zealand and Australian states and territories, all of which participate in the twenty-year old E3 Program.
Consultation specifically addressed registration fees to recover registration and compliance monitoring costs. 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.
Authority: Section 8 of the
Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012
Detailed description of provisions in the Instrument
Part 1 Preliminary
1 Name of instrument
Section 1 establishes the title of the instrument as the Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2013 (No.2).
2 Commencement
Section 2 sets out the commencement arrangements for the instrument, which commences on the day after it is registered on the Federal Register of Legislative Instruments.
3 Revocation
Section 3 revokes the Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2013 (No.1) (F2013L00570).
4 Object
Section 4 sets out the object of the instrument, which is to specify registration fees payable when a person applies to register a product under the Greenhouse and Energy Minimum Standards Act 2012.
5 Interpretation
Section 5 clarifies that any terms in the instrument that are defined in the Greenhouse and Energy Minimum Standards Act 2012 or the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012 have the same meaning, unless otherwise specified.
Part 2 Fees
6 Fees
Consistent with paragraph 9(1) (a) of the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012, the instrument specifies the amount for each registration fee.
Section 6 specifies fees in a Schedule to the instrument. The table in the Schedule lists four fee bands (Column 1), sets the amount of the fee for each fee band (Column 2) and specifies which of the fee bands (listed in Column 1) apply to applications to register products against the relevant GEMS Determination (listed in Column 3).
The GEMS Determination listed at item 17 was not an existing GEMS Determination at the time this instrument commenced, but has been proposed to be made. This item was included in this instrument in order that fees are specified if and when the proposed determination is made. If made, the proposed determination will include additional product classes to those currently covered by the GEMS Determination listed at item 16. Until such time as the proposed determination is made, the products covered by those additional product classes are not required to be registered under the Greenhouse and Energy Minimum Standards Act 2012 and no fees are therefore payable.
The amount of the fee for each product type was calculated with reference to 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. Relevant costs may be reassessed periodically throughout the life of the Greenhouse and Energy Minimum Standards Act 2012 to ensure that fees represent an appropriate level of cost recovery.
Overview
The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2013 (No. 2) was enacted under the authority of Section 8 of the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012. This instrument aims to address the need for cost recovery by the Greenhouse and Energy Minimum Standards (GEMS) Regulator in managing the registration and compliance monitoring of products covered by GEMS Determinations. By specifying fees for product registration applications, the instrument ensures that the GEMS Regulator can fund its operations and maintain effective oversight of product energy efficiency in Australia. The policy objective is to facilitate the GEMS Regulator's ability to improve registration and compliance monitoring services, benefiting both Australian businesses and the public.
The instrument follows the historical practices of the Equipment Energy Efficiency Program, having undergone extensive consultation with Australian businesses, as well as New Zealand and Australian state and territory governments. The registration fees are designed to assist the GEMS Regulator in recovering a portion of the costs associated with registering products and monitoring compliance. This approach is intended to enhance the efficiency and effectiveness of the registration and compliance processes, ensuring that the GEMS legislation is effectively implemented and enforced. The instrument specifies the fees in a schedule, with amounts calculated based on identified costs of the registration process and the inspection and monitoring program.
Scope and Application
The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2013 (No.2) applies to entities and individuals seeking to register products that are subject to the Greenhouse and Energy Minimum Standards Act 2012. These entities and individuals are typically manufacturers, importers, and distributors of products that fall within the scope of the GEMS Determinations, such as those related to energy efficiency of household appliances, lighting, and heating and cooling equipment. The instrument mandates the payment of specified fees when a registration application is submitted, facilitating the GEMS Regulator’s recovery of costs associated with the registration process and ongoing compliance monitoring. Geographically, this instrument operates across Australia as it pertains to the Commonwealth-level legislation enacted to ensure uniform energy efficiency standards and practices throughout the nation.
The Instrument does not explicitly state exclusions or exemptions from its application, implying that all entities and individuals within the scope of the GEMS Act must comply with the fee requirements. However, the fees specified are differentiated across various product classes, reflecting the diverse nature of products subject to GEMS regulations. The fees are designed to cover the costs associated with the registration and compliance monitoring processes, thereby ensuring that the GEMS Regulator can efficiently manage and oversee the registration of products to ensure adherence to energy efficiency standards. The Instrument's provisions are enforced through subordinate legislation, which allows for periodic reassessment of fees to maintain an appropriate level of cost recovery.
Key Provisions
The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2013 (No. 2) provides details on the fees that must be paid when a person applies to register a product under the Greenhouse and Energy Minimum Standards Act 2012 (section 41). Section 6 of the Instrument specifies the fees, which are categorised into four fee bands. These fees are determined based on the costs associated with registration staff, the registration system, and the inspection and monitoring program, such as purchasing and testing equipment. The fees are designed to assist the Greenhouse and Energy Minimum Standards Regulator (GEMS Regulator) in recovering a portion of the costs incurred in registering products and monitoring compliance with the GEMS legislation. The fees are outlined in a schedule to the Instrument, which lists the fee bands and the applicable fees for each GEMS Determination.
The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2013 (No. 2) imposes obligations on the GEMS Regulator and on applicants for product registration. The GEMS Regulator is required to collect registration fees as specified in the Instrument, which assists in cost recovery for registration and compliance monitoring services. Applicants for product registration must pay the specified fees when submitting their application under section 41 of the Greenhouse and Energy Minimum Standards Act 2012. Failure to pay the required fees may result in the application being rejected.
Under the Greenhouse and Energy Minimum Standards Act 2012, there are offences and penalties for the supply or commercial use of products that are not registered, as required by the Act. However, the Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2013 (No. 2) does not directly impose offences or penalties for non-payment of registration fees. Instead, the Act provides for enforcement actions against non-compliance with registration requirements. The penalties for offences related to unregistered products can include fines and imprisonment. The maximum penalties for contravening the Act can be significant, depending on the nature and extent of the offence. It is essential for businesses and individuals to ensure compliance with the registration requirements to avoid potential penalties.