Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2015

Overview

The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2015 was enacted to specify the fees payable for the registration of products under the Greenhouse and Energy Minimum Standards Act 2012. This legislation was introduced to address the need for cost recovery to support the activities of the Greenhouse and Energy Minimum Standards Regulator, including the registration and compliance monitoring of energy-consuming products. The instrument is administered by the Australian Government and is intended to ensure that the GEMS Regulator can effectively manage and oversee compliance with energy efficiency standards for products sold in Australia. The policy objective of the instrument is to facilitate the recovery of costs associated with product registration and compliance monitoring, thereby enabling the GEMS Regulator to improve these services for the benefit of both businesses and the public. The instrument revokes the Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2013 (No.2) and specifies updated fees for the registration of products under the Greenhouse and Energy Minimum Standards Act 2012. These fees are designed to reflect the actual costs incurred by the Regulator in processing registration applications and monitoring compliance. The fees are categorised into bands based on the type of product being registered, with the specific fees for each product type detailed in the schedule. The fees were determined through consultation with Australian businesses and other stakeholders, ensuring that they provide sufficient cost recovery while also maintaining support from the industry. The fees are periodically reassessed to ensure they accurately reflect current operational costs.

Scope and Application

The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2015 applies to individuals and entities seeking to register products that fall under the scope of the Greenhouse and Energy Minimum Standards Act 2012. This Act pertains to a range of products, including but not limited to, air conditioners, heat pumps, incandescent lamps, and computer monitors. The instrument is designed to specify the fees payable when such registration applications are made. It ensures that the Greenhouse and Energy Minimum Standards Regulator can effectively monitor compliance and track energy efficiency trends in the Australian market. The instrument operates on a Commonwealth level, with its jurisdiction extending across the entirety of Australia. The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2015 sets out the fees for each regulated product class, which must be paid when a person applies to register a product model. The fees are intended to assist the GEMS Regulator in recovering a portion of the costs associated with product registration and compliance monitoring. The instrument updates references to GEMS Determinations in the schedule of fees, with no change to the specified fee for any of the regulated product classes. It revokes the Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2013, ensuring that the most current regulatory requirements are in effect. The instrument's provisions are subject to the Greenhouse and Energy Minimum Standards Act 2012 and the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012, with any defined terms having the same meaning unless otherwise specified.

Key Provisions

The main operative sections of the Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2015 (the Instrument) are established under section 8 of the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012. Section 6 of the Instrument specifies the fees payable for the registration of products under the Greenhouse and Energy Minimum Standards Act 2012. These fees are detailed in a Schedule to the Instrument, which lists four fee bands and applies them to different classes of products governed by Greenhouse and Energy Minimum Standards (GEMS) Determinations. The Instrument imposes obligations on entities seeking to register products that fall under the GEMS legislation. Specifically, section 6 of the Instrument requires that a fee be paid when an application is made to register a product under the Greenhouse and Energy Minimum Standards Act 2012. The fee amount is determined based on the relevant product class and the associated GEMS Determination. The fees are designed to cover the costs incurred by the GEMS Regulator in processing registration applications, as well as the ongoing costs of monitoring compliance and ensuring that products meet the energy efficiency standards set out in the GEMS legislation. In addition to the registration fees, the Act itself imposes various obligations on entities supplying or using products that are not registered in accordance with the legislation. For example, section 22 of the Greenhouse and Energy Minimum Standards Act 2012 provides that a person must not supply or use a product that is not registered, and section 23 of the Act provides that a person must not label a product as complying with a GEMS Determination unless it is registered. Failure to comply with these obligations can result in both civil and criminal penalties. Section 30 of the Act provides for civil penalties of up to $55,000 for individuals and $275,000 for bodies corporate for each contravention of the Act. Section 31 of the Act provides for criminal penalties of up to $275,000 for individuals and $1,375,000 for bodies corporate for each contravention of the Act. The Instrument itself does not specify any additional offences, penalties, or consequences for breach beyond the requirements for payment of registration fees. However, the Greenhouse and Energy Minimum Standards Act 2012 does provide for a range of penalties and consequences for breaches of the Act, including both civil and criminal penalties as noted above. Additionally, section 32 of the Act provides that a court may make an order requiring a person to take such steps as are necessary to bring a product into compliance with the Act, and section 33 of the Act provides for the imposition of fines and imprisonment for repeated or serious breaches of the Act.