Greenhouse and Energy Minimum Standards (Registration Fees) Instrument (No. 2) 2020

Administered by Department of Industry, Science and Resources

Legislation au F2021L00039 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 (No. 2) 2020

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 (No. 2) 2020 (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 new GEMS Determination and to ensure that the registration fee for the products covered by it was properly set. No changes were made to the existing registration fees.

The new GEMS Determination was the Greenhouse and Energy Minimum Standards (Air Conditioners above 65kW) Determination 2020, which introduced regulation for large commercial air conditioners under the GEMS framework for the first time.

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 (No. 1) 2020. 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.

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.

The Australian Government worked extensively with industry and other stakeholders on the development of the requirements for air conditioners specified in both the Greenhouse and Energy Minimum Standards (Air Conditioners above 65kW) Determination 2020 and the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019, including on registration matters. This Instrument updates the references to GEMS Determinations in the schedule of fees to include the new Determination, and sets the corresponding fee to be the same as for air conditioners already regulated under the GEMS framework. Consequently further consultation was not considered necessary.

Regulatory Impact

A comprehensive Decision Regulatory Impact Statement (RIS) was prepared for air conditioners following the completion of a Consultation RIS process. The Office of Best Practice Regulation assessed the RIS as meeting the former Council of Australian Governments’ best practice regulation requirements.

There will be no additional regulatory burden arising from the Instrument. The changes made in this Instrument are consequential to the processes related to the making of the GEMS Determinations noted above, which were the subject of comprehensive COAG Regulation Impact Statements approved by the Office of Best Practice Regulation.


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 (No. 2) 2020.

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 (No. 1) 2020.

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 of the Greenhouse and Energy Minimum Standards (Air Conditioners above 65kW) Determination 2020 (commencing the day after registration).

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 (No. 2) 2020 was enacted to address the need for updated fees to reflect the introduction of a new Greenhouse and Energy Minimum Standards (GEMS) Determination. This legislation, issued by the Greenhouse and Energy Minimum Standards Regulator, operates under the authority granted by the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012. The primary policy objective is to ensure that the GEMS Regulator can recover a portion of the costs incurred in registering products and monitoring compliance with GEMS legislation, thereby improving the quality of registration and compliance services for Australian businesses and the public. The Instrument specifies the fees for each regulated product class, ensuring that the fees are proportionate to the costs associated with registration and compliance monitoring activities, and aligns with the objectives of the overarching GEMS framework.

Scope and Application

The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument (No. 2) 2020 applies to individuals and entities seeking to register products under the Greenhouse and Energy Minimum Standards Act 2012. This includes businesses and manufacturers of products covered by the GEMS framework, particularly those involved in the production and supply of energy-consuming products within Australia. The Act mandates the registration of models of products that fall under GEMS Determinations, ensuring that such products comply with energy efficiency standards and are suitable for sale within the Australian market. The scope of the Instrument extends to all regulated product classes, with specific attention given to newly regulated products such as large commercial air conditioners. The fees specified in the Instrument are designed to cover the costs associated with the registration process, including administrative expenses and compliance monitoring, thereby ensuring that the GEMS Regulator can effectively oversee the energy efficiency of products in the market. The fees are set to recover a portion of these costs, aiding in the provision of improved registration and monitoring services. The Instrument has a national jurisdictional reach within Australia, applying to all entities operating within the Commonwealth. The fees specified are intended to support the GEMS Regulator's operations across the country, ensuring consistent enforcement of energy efficiency standards. While the Act aims to regulate products sold nationally, it does not extend to products that may be subject to regulation under state or territory laws. The Instrument does not introduce new exclusions or exemptions but updates the fee schedule to incorporate the new GEMS Determination for large commercial air conditioners. Any further adjustments to fees or the introduction of new product categories will be managed through subsequent legislative instruments, ensuring the ongoing relevance and effectiveness of the GEMS framework.

Key Provisions

The Greenhouse and Energy Minimum Standards (Registration Fees) Instrument (No. 2) 2020 primarily serves to specify the fees payable when a person applies to register a product under the Greenhouse and Energy Minimum Standards Act 2012. This is in line with the authority granted by section 8 of the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012. The registration fees are intended to assist the Greenhouse and Energy Minimum Standards (GEMS) Regulator in recovering a portion of the costs incurred in registering products and monitoring compliance with the GEMS legislation. The fees are calculated based on the costs associated with the registration staff, the registration system, and the inspection and monitoring program. The fees are detailed in a Schedule to the Instrument, which lists four fee bands and specifies which fee bands apply to applications to register products against relevant GEMS Determinations. The obligations and requirements imposed by this Instrument are primarily directed at those seeking to register products under the GEMS framework. These include paying the specified registration fees as outlined in the Instrument. The fees are intended to ensure that the GEMS Regulator can effectively carry out its functions, including identifying which products are being sold in Australia, monitoring compliance with the Act, and ascertaining trends in product energy efficiency. The fees also assist the GEMS Regulator in delivering improved registration and compliance monitoring services, benefiting both regulated Australian businesses and the Australian public. The Act itself, along with the Instrument, imposes penalties for non-compliance. Specifically, the Greenhouse and Energy Minimum Standards Act 2012 includes offences for the supply or commercial use of GEMS products that are not registered. Although the Instrument itself does not explicitly outline penalties for non-payment of fees, it is likely that failure to pay the specified fees could lead to non-compliance with the Act, resulting in the aforementioned penalties. The penalties for supplying or using unregistered GEMS products can include fines and other civil or criminal consequences as outlined in the Act. However, the exact penalties are not specified within the Instrument itself but would be determined in accordance with the broader provisions of the Greenhouse and Energy Minimum Standards Act 2012.

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Area of Law
Environmental Law
Regulatory Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Fees
Regulatory Standards
Compliance Obligations

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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.