Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2018

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2018L01567 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 2018

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 2018 (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, to ensure that the registration fees for the products covered by that Determination was 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 2018.

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 (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 Greenhouse and Energy Minimum Standards (Three Phase Cage Induction Motors) Determination 2018.

For the period until the replacement GEMS Determination commence (six months from the date of their registration), both it and the GEMS Determination it 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 2018 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. This legislation was enacted to address the need for a structured fee system to support the registration and monitoring of products that meet the Greenhouse and Energy Minimum Standards (GEMS) in Australia. The primary objective is to ensure that the GEMS Regulator can efficiently manage the registration process and monitor compliance with energy efficiency standards. The fees specified in the Instrument assist in recovering the costs associated with registration and compliance monitoring, thereby enabling the Regulator to deliver improved services to both businesses and the public. This Instrument updates the registration fees in response to the issuance of a new GEMS Determination, ensuring that the fees accurately reflect the current regulatory environment. The fees are calculated based on the costs incurred by the Regulator for registration staff, the registration system, and the compliance monitoring program. This approach ensures that the fees are a fair representation of the costs associated with maintaining and enforcing the GEMS legislation, thus supporting the broader policy objective of enhancing product energy efficiency in Australia.

Scope and Application

The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2018 applies to any person or entity seeking to register a model of a product covered by a Greenhouse and Energy Minimum Standards (GEMS) Determination under the Greenhouse and Energy Minimum Standards Act 2012. This encompasses a broad range of industries and products, including electrical appliances, lighting, heating and cooling equipment, and certain industrial machinery. The Instrument is designed to assist the GEMS Regulator in monitoring compliance with the Act and identifying trends in product energy efficiency. It applies across Australia and is intended to support the Regulator in delivering improved registration and compliance monitoring services. The Instrument specifies the fees for each regulated product class and is applicable nationwide, thereby ensuring a uniform approach to cost recovery across the Commonwealth. There are no stated exclusions or exemptions within the Instrument itself; however, the underlying Act may contain specific exclusions or exemptions which are not altered by this Instrument. The fees specified in the Instrument assist the GEMS Regulator in recovering a portion of the costs incurred in registering products and monitoring compliance.

Key Provisions

The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2018 outlines the fees that must be paid when a person applies to register a model of a regulated product under the Greenhouse and Energy Minimum Standards Act 2012. This Instrument specifies these fees and is essential for ensuring that the Greenhouse and Energy Minimum Standards Regulator can monitor compliance and ascertain trends in product energy efficiency. According to section 1, the Instrument is titled the Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2018, and it commences on the day after it is registered on the Federal Register of Legislative Instruments, as stated in section 2. The object of the Instrument, as outlined in section 4, is to specify the registration fees payable when a person applies to register a product under the Greenhouse and Energy Minimum Standards Act 2012. The Instrument imposes obligations on parties or entities to pay specified registration fees when applying to register a product. This requirement is intended to assist the GEMS Regulator in recovering a portion of the costs incurred in registering products and monitoring compliance. The fees are calculated based on the identified costs of registration staff, the registration system, and costs incurred in the inspection and monitoring program, such as purchasing and testing equipment. The fees are specified in a Schedule to the Instrument, with four fee bands listed in Column 1, the amount of the fee for each fee band listed in Column 2, and the applicable fee bands for applications to register products against the relevant GEMS Determination listed in Column 3. The Instrument also specifies that there are no offences or penalties explicitly stated within the text for breach of the fees or registration requirements. However, section 41 of the Greenhouse and Energy Minimum Standards Act 2012 provides offences for the supply or commercial use of GEMS products that are not registered. The consequences for breach of these requirements may include legal action, fines, or other penalties as outlined in the primary Act. It is essential for parties or entities to adhere to the registration fees and requirements to avoid potential legal consequences and to support the GEMS Regulator's efforts in monitoring compliance and ensuring improved registration and compliance monitoring services.

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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.