Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2019

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2019L00488 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 2019

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 2019 (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, the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019, to ensure that the registration fee 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 2019.

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 2018.

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 determination:

  • Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 (commencing 1 April 2020).

For the period until the replacement GEMS Determination commences, 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 2019 was enacted under the authority of the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012. This legislation was introduced to address the need for cost recovery in the registration and compliance monitoring of products covered by Greenhouse and Energy Minimum Standards (GEMS) Determinations. The Instrument specifies fees that must be paid when a person applies to register a product under the Greenhouse and Energy Minimum Standards Act 2012, allowing the GEMS Regulator to recover a portion of the costs incurred in these activities. The fees are intended to assist in improving registration and compliance monitoring services, thereby benefiting both regulated Australian businesses and the broader public. The Australian Government undertook extensive consultations with Australian businesses and relevant state and territory governments during the development of the Greenhouse and Energy Minimum Standards Act 2012. These consultations supported the introduction of registration fees to ensure cost recovery, which was seen as essential for enhancing the quality of registration and compliance monitoring services. The 2019 Instrument updates the references to GEMS Determinations in the schedule of fees to reflect the new Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019, without altering the specified fee amounts for any product classes. This update ensures that the registration fee structure remains accurate and relevant, facilitating effective administration of the GEMS legislation.

Scope and Application

The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2019 applies to any person or entity seeking to register a product under the Greenhouse and Energy Minimum Standards Act 2012, which includes products such as air conditioners, refrigerators, and lighting fixtures that are subject to specific energy efficiency standards. The Instrument sets out the fees that must be paid for the registration of these products, ensuring that the Greenhouse and Energy Minimum Standards Regulator can recover a portion of the costs incurred in the registration and monitoring processes. The fees are categorised into different bands based on the type of product being registered and are intended to assist in delivering improved registration and compliance monitoring services, benefiting both Australian businesses and the public. Geographically, the Act applies across Australia as it is a Commonwealth legislation, and there are no specific exclusions or exemptions detailed in the Instrument itself, though any such provisions would be found in the main Act or other related legislation. The fees specified in the Instrument are subject to change based on periodic reassessment of registration and monitoring costs.

Key Provisions

The primary operative sections of the Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2019, under the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012, are outlined in Section 6, which specifies the fees for each registration fee band. These fees are determined based on the costs associated with the registration process, including staff and system costs, as well as the costs incurred in the inspection and monitoring program. The fees are set out in a Schedule, which lists four fee bands and specifies which bands apply to applications to register products against the relevant Greenhouse and Energy Minimum Standards (GEMS) Determination. The Schedule has been updated to include the new Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019, ensuring that the registration fee for products covered by this Determination is appropriately set. The Act imposes several obligations and requirements on the parties it governs. Firstly, it mandates that products covered by a GEMS Determination must be registered, as stipulated in Section 41 of the Greenhouse and Energy Minimum Standards Act 2012. This registration process is essential for the GEMS Regulator to monitor compliance and identify trends in product energy efficiency. Additionally, the fees specified in the Instrument must be paid when a person applies to register a product, as outlined in Section 8 of the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012. These fees assist the GEMS Regulator in recovering a portion of the costs incurred in registering products and monitoring compliance, thereby enabling improved registration and compliance monitoring services for both businesses and the public. In terms of potential offences, penalties, or consequences for breach, the Act does not explicitly outline specific offences or penalties within the explanatory statement. However, the Act does provide for offences under Section 41 of the Greenhouse and Energy Minimum Standards Act 2012 for the supply or commercial use of GEMS products that are not registered. While the explanatory statement does not detail the maximum penalties for such offences, it is reasonable to infer that penalties could include fines and potential legal action against individuals or entities found in breach of the registration requirements. The overarching aim of these provisions is to ensure compliance with energy efficiency standards and to maintain the integrity of the registration process.

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Environmental Law
Instrument
Instrument
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Definitions & Interpretation
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.