Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2017 (No. 2)

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2017L01620 Not in force Legislative Instrument

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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 2017 (No.2)

Purpose and Operation

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 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 assists the GEMS Regulator to deliver improved registration and compliance monitoring services, for the benefit of regulated Australian businesses and the Australian public.

The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2017 (No. 2) (the Instrument) specifies the fees for each regulated product class that must be paid when a person applies to register a model of a regulated product. A new instrument was required to reflect the making and registration of a replacement GEMS Determination, and to remove references to two GEMS Determinations that have now been revoked by replacement GEMS Determinations previously made, to ensure that the registration fees for the products covered by those Determinations were properly set.  No changes were made to the registration fees themselves.

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 over twenty-year old Equipment Energy Efficiency 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.

This Instrument updates the references to GEMS Determinations in the schedule of fees only, with no change to the specified fee for any of the regulated product classes, and consequently further consultation was not considered necessary.

Authority

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. 

This Instrument also relies upon subsection 33(3) of the Acts Interpretation Act 1901 as the basis for revoking the Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2017. Subsection 33(3) provides that, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.

Detailed description of provisions in the Instrument

Part 1 Preliminary

1  Name of Instrument

Section 1 sets out the title of the Instrument as the Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2017 (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 2017.

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 Schedule has been amended to reflect:

  •  the making and registration of the Greenhouse and Energy Minimum Standards (Gas Water Heaters) Determination 2017; and
  • the revocation and replacement of:
    • the Greenhouse and Energy Minimum Standards (Self-ballasted Compact Fluorescent Lamps for General Lighting Services) Determination 2012; and
    • the Greenhouse and Energy Minimum Standards (Double-capped Fluorescent Lamps) Determination 2012.

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 2017 (No. 2) was enacted to specify the fees that must be paid when a person applies to register a product under the Greenhouse and Energy Minimum Standards Act 2012. This legislation was introduced to address the need for cost recovery to ensure that the Greenhouse and Energy Minimum Standards (GEMS) Regulator could efficiently manage the registration process and monitor compliance with energy efficiency standards. The Instrument was developed by the GEMS Regulator and was made under section 8 of the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012, which permits the Regulator to specify fees by legislative instrument. The policy objective is to assist the Regulator in recovering a portion of the costs incurred in registering products and monitoring compliance, thereby enabling improved services for regulated businesses and the public. The Instrument updates the references to GEMS Determinations in the schedule of fees to reflect new and revoked Determinations, without altering the specified fees themselves. This update ensures that the registration fees for products covered by the GEMS legislation are properly set. The Australian Government consulted extensively with Australian businesses and relevant governments during the development of the original Act, receiving strong support for the recovery of registration and compliance monitoring costs. Given the nature of the changes—limited to updating references without altering fees—further consultation was deemed unnecessary. The Instrument commences on the day after its registration on the Federal Register of Legislative Instruments and revokes the previous Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2017.

Scope and Application

The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2017 (No. 2) is a legislative instrument issued under the authority of the Greenhouse and Energy Minimum Standards Act 2012. This Instrument specifies the fees that must be paid by applicants when registering products under the Act. It applies to all entities seeking to register a product that falls under the purview of a Greenhouse and Energy Minimum Standards (GEMS) Determination, which primarily pertains to products within the Australian market that are subject to energy efficiency standards. The Instrument aims to ensure the GEMS Regulator can identify and monitor compliance of registered products, which in turn benefits Australian businesses and the broader public by promoting energy efficiency and reducing greenhouse gas emissions. The fees outlined in the Instrument are intended to recover a portion of the costs incurred by the Regulator in processing registrations and conducting compliance monitoring activities. The Instrument has a national reach as it applies across Australia, aligning with the federal nature of the GEMS Act. No changes were made to the actual fee amounts; only the references to specific GEMS Determinations were updated to reflect changes such as the introduction of new determinations and the revocation of outdated ones. This ensures that fees remain aligned with the current regulatory framework and associated costs.

Key Provisions

The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2017 (No.2) (the Instrument) is a legislative instrument that specifies fees for the registration of products under the Greenhouse and Energy Minimum Standards Act 2012. Under section 8 of the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012, the GEMS Regulator is permitted to specify fees for registration applications. Section 41 of the Greenhouse and Energy Minimum Standards Act 2012 outlines the process for applying for product registration. The fees assist the GEMS Regulator in recovering a portion of the costs incurred in registering products and monitoring compliance with the GEMS legislation. 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. The Instrument imposes obligations on parties seeking to register products under the Greenhouse and Energy Minimum Standards Act 2012. Specifically, it requires that registration fees be paid as specified in the Schedule to the Instrument when an application for product registration is made. The fees are calculated based on the identified costs of registration staff, the registration system, and the costs incurred in the inspection and monitoring program. These fees assist the GEMS Regulator in recovering costs and ensuring the efficient operation of the registration and compliance monitoring services. Failure to comply with the requirements of the Instrument, including the payment of specified registration fees, may result in legal consequences. Section 167 of the Greenhouse and Energy Minimum Standards Act 2012 provides for offences related to the supply or commercial use of unregistered GEMS products. While the Instrument itself does not outline specific penalties for non-payment of fees, non-compliance with registration requirements under the Act may lead to civil or criminal penalties as outlined in the Act. The maximum penalties for offences under the Act can include fines and/or imprisonment, depending on the nature and severity of the offence. The Instrument updates the references to GEMS Determinations in the schedule of fees to reflect the making and registration of new and replacement GEMS Determinations, as well as the revocation of previous Determinations. The specified fees for each regulated product class remain unchanged. This update ensures that the registration fees for the products covered by the GEMS Determinations are properly set and aligns with the current regulatory framework. The Instrument relies on the authority granted under section 8 of the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012 and subsection 33(3) of the Acts Interpretation Act 1901, which allows for the revocation and amendment of legislative instruments.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Fees
Regulatory Standards
Regulatory Oversight

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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.