Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2017

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2017L00654 Not in force Legislative Instrument

Legislation content

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

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 (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 two replacement GEMS Determinations, 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 2015 (No.2). 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 2015 (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 2015 (No.2).

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 following replacement GEMS Determinations:

  • the Greenhouse and Energy Minimum Standards (Self-ballasted Compact Fluorescent Lamps for General Lighting Services) Determination 2017 (listed at item 2), and
  • the Greenhouse and Energy Minimum Standards (Double-capped Fluorescent Lamps) Determination 2017 (listed at item 5)

For the period until the replacement GEMS Determinations commence (six months from the date of their registration), both they and the GEMS Determinations they will revoke upon commencement are required to appear in the Instrument, as the Greenhouse and Energy Minimum Standards Act 2012 provides that a registrant may elect to register a GEMS product against either the old or new determination during this period.

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 was enacted to specify fees for the registration of products under the Greenhouse and Energy Minimum Standards Act 2012. This Act was established to address the need for a comprehensive regulatory framework ensuring that energy-using products sold in Australia meet minimum energy efficiency standards. The problem it aimed to solve was the lack of systematic regulation and enforcement of energy efficiency standards, which could lead to market confusion and inefficient energy use. The Instrument was introduced by the Greenhouse and Energy Minimum Standards Regulator, under the authority granted by the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012, to ensure that the registration fees effectively recover the costs associated with administering the registration and compliance monitoring processes. The policy objective is to facilitate efficient and effective monitoring and enforcement of energy efficiency standards by ensuring that the Regulator can recover a portion of its operational costs through these fees, thereby maintaining the integrity and sustainability of the regulatory framework.

Scope and Application

The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2017 applies to any person or entity seeking to register a product that is subject to a Greenhouse and Energy Minimum Standards (GEMS) Determination under the Greenhouse and Energy Minimum Standards Act 2012. This encompasses various industries, including but not limited to, the manufacture and sale of energy-consuming products such as lighting and appliances. The Act applies on a national level within Australia, with the Instrument specifying fees for registration applications. There are no stated exclusions or exemptions within the Instrument, but thresholds for fees are set based on the type of product being registered, as detailed in the Schedule. The fees are set to recover a portion of the costs incurred by the GEMS Regulator in processing registrations and monitoring compliance. The Instrument also revokes the previous 2015 Instrument, ensuring that the updated fees apply to current registration practices.

Key Provisions

The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2017 (the Instrument) sets out the fees that must be paid when a person applies to register a product under the Greenhouse and Energy Minimum Standards Act 2012 (the Act). Specifically, section 6 of the Instrument lists fees in a schedule that specifies four fee bands (section 6(1)), the amount of the fee for each band (section 6(2)), and which bands apply to applications to register products against the relevant Greenhouse and Energy Minimum Standards (GEMS) Determination (section 6(3)). The fees are designed to assist the GEMS Regulator in recovering a portion of the costs incurred in registering products and monitoring compliance with the GEMS legislation. The Instrument imposes obligations on applicants to pay the specified fees when applying for the registration of a product under the Act. This requirement is essential for the GEMS Regulator to maintain and improve registration and compliance monitoring services. It is also necessary for the Regulator to identify which products are being sold in Australia and to monitor compliance with the Act, as well as to ascertain trends in product energy efficiency. Failure to comply with the requirements of the Instrument may result in civil and criminal consequences. Under the Act, there are offences for the supply or commercial use of GEMS products that are not registered. The Instrument does not specify penalties for non-payment of fees, but non-compliance with the Act’s requirements may result in penalties, including fines. The maximum penalty for an individual who commits an offence under the Act is $1,650, while the maximum penalty for a body corporate is $8,250 (section 116 of the Act). In addition to these penalties, the Regulator may take legal action to enforce compliance with the Act and the Instrument.

Legal classification tags

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

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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.