EXPLANATORY STATEMENT

Issued by the authority of the Minister for Resources, Energy and Northern Australia

Greenhouse and Energy Minimum Standards Act 2012

Greenhouse and Energy Minimum Standards (Rotary Clothes Dryers) Determination 2015

Purpose and Operation

The Greenhouse and Energy Minimum Standards (Rotary Clothes Dryers) Determination 2015 (Determination) establishes minimum energy efficiency, energy labelling and product performance requirements, and associated requirements for conducting tests, for rotary clothes dryers.

The Determination revokes and replaces the previous Greenhouse and Energy Minimum Standards (Rotary Clothes Dryers) Determination 2012 (revoked Determination). This replacement Determination extends the energy rating label to ten stars, and provides additional label placement options. These amendments have been introduced as a result of technological advancement in the marketplace outpacing the current Australian standard for the product class.

Background

The Greenhouse and Energy Minimum Standards Act 2012 (Act) establishes a national framework for regulating the energy efficiency of products supplied or used within Australia, implementing Australian Government and the Council of Australian Governments (COAG) commitments to establish national legislation to regulate energy efficiency and labelling standards for appliances and other products. The national legislation permits the Australian Government to set mandatory minimum efficiency requirements for products to drive greater energy efficiency for regulated products. The Act also allows the Australian Government to set nationally-consistent labelling requirements, to increase Australians’ awareness of options to improve energy efficiency and reduce energy consumption, energy costs and greenhouse gas emissions.

Selected definitions and text are extracted in the GEMS Determinations from the relevant Australian or Australian/New Zealand Standards. This is done with the intention of making it possible to determine if a product is covered (or excluded) by the GEMS Determination without having to refer to the relevant standard.
The standards referenced in the Determination (AS/NZS 2442.1:1996 and AS/NZS 2442.2:2000) are available for from Standards Australia and SAI Global.

Energy labelling requirements primarily relate to requirements for the display of energy rating labels, such as those commonly seen on products including refrigerators, dishwashers and televisions, amongst others. Energy rating labels allow consumers to compare the energy consumption of similar products, and factor potential cost savings into their purchasing decision. For some products, labelling requirements also relate to specific information that must be marked on the product itself or the box in which it is supplied.

Other regulatory requirements include requirements relating to high efficiency levels, product performance, and the impact of the product on the environment or the health of human beings:

• High efficiency level requirements allow suppliers or manufacturers to differentiate more efficient products in the market, where the product does not carry an energy rating label, provided they meet a specified efficiency benchmark over and above the nominated GEMS level requirements.
• Product performance requirements are intended to ensure that minimum efficiency requirements, or a higher number of stars on an energy rating label, are not achieved by reducing the effectiveness of the product in its primary function. An example of this is the setting of minimum requirements for soil removal for clothes washers.
• Requirements in relation to the impact of a product on the environment or the health of human beings are intended to ensure that greater energy efficiency does not come at the expense of the environment or human health. An example of this is the setting of a maximum limit for the amount of mercury that may be contained in a compact fluorescent or linear fluorescent lamp. Some level of mercury is necessary for these energy efficient lamps to operate, so limits are set to keep mercury content within safe levels for human health and the environment.

Authority

Under subsection 23(1) of the Act the Minister may, by legislative instrument, make a determination (a GEMS determination) that specifies one or more classes of products, if the products in those classes use energy or affect the amount of energy used by other products. A GEMS determination is the vehicle by which energy efficiency requirements (GEMS level requirements), energy labelling requirements (GEMS labelling requirements) for classes of products and other requirements for a product class are established.

Under section 25 of the Act the GEMS level requirements specified in a GEMS determination may be:

• requirements relating to one or more of the following:
  • the amount of energy used in operating products in relevant product classes;
  • the amount of greenhouse gases resulting from operating products in the relevant product class;
  • the effect of those products on the amount of energy used by operating other products; and
• requirements for conducting tests in relation to products in the relevant product class, in order to determine whether the products meet the specified requirements.

Under section 26 of the Act the GEMS labelling requirements specified in a GEMS determination may be:

• requirements relating to the information that must be communicated in connection with supplying, or offering to supply, products in the relevant product class;
• requirements relating to the manner in which that information must be communicated; and
• requirements for conducting tests in relation to products in the relevant product class in order to determine whether the products meet the specified requirements.

Under section 27 of the Act other requirements that may be specified in a GEMS determination are:

• requirements for products in the relevant product class to meet a specified level (the high efficiency level);
• requirements relating to the performance of products in the relevant product class;
• requirements relating to the impact of products in that product class on the environment or on the health of human beings;
• requirements for conducting tests in relation to products in the relevant product class in order to determine whether the products meet the specified requirements; and
• requirements of a kind specified in the regulations for the purposes of this paragraph.

Under section 35 of the GEMS Act the Minister may:

• revoke a GEMS determination that covers one or more product classes;  and
• make another GEMS determination that specifies that it replaces the revoked determination.

The revoked determination will cease to be in force immediately before the replacement Determination comes into force.

Consultation

The Australian Government consulted with industry stakeholders throughout the development of the replacement Determination. During the development of the Determination, industry stakeholders were further consulted on the specific aspects of the amendments included with the replacement Determination, including the extended test load table, the increased star rating for appliances, and additional label placement options.

Industry stakeholders representing businesses affected by the proposed regulation were first consulted on the proposed changes in November 2014. Further consultation was undertaken in March 2015, and again in August 2015. Throughout this process general issues were raised, and subsequently resolved, around the proposed extended test load table to the satisfaction of industry attendees. Stakeholder input was taken into account in drafting the replacement Determination.  

Regulatory Impact

The Office of Best Practice advised a Regulatory Impact Statement was not required for the replacement Determination. Consequently, no further regulatory impact analysis was considered neccesary in relation to the proposal.

Details of the Determination

Section 1 – Name of Determination

This section sets out the title of the Determination.

Section 2 – Commencement

This section provides that the Determination commences on the day after it is registered. It also provides that this Determination revokes and replaces the Greenhouse and Energy Minimum Standards (Rotary Clothes Dryers) Determination 2012 (F2012L02121).

Section 3 – Definitions

This section sets out definitions for key terms used in the Determination. The definitions include:

• definitions relating to the various Australian/New Zealand Standards by which the requirements of the Determination are specified;
• a definition of “rotary clothes dryer”, which reflects the scope specified in Australian/New Zealand Standards AS/NZS 2442.2:2000 and AS/NZS 2442.1:1996;
• definitions for a number of terms related to “ rotary clothes dryer”, which are given the same meaning as in AS/NZS 2442.1:1996; and
• a definition of “standard”, which means an Australian Standard, an Australian/New Zealand Standard, or any other equivalent document.

Section 4 – Interpretation

Section 4 provides guidance for interpreting certain aspects of the Determination.

Subsection 4(1)

The purpose of this subsection is to avoid any inconsistency in terminology between the Determination (and other elements of the GEMS legislation) and the standards referenced in section 3 of the Determination. It indicates that where a term used in the Determination is not defined in any part of the GEMS legislation, but is defined in a standard referenced in section 3, for the purposes of the Determination the term has the meaning set out in the applicable standard.

Subsection 4(2)

Unless otherwise specified, the applicable version of a document incorporated by reference in a legislative instrument is the version that existed on the date the instrument came into force. This is made clear for standards specifically referenced in section 3 of the Determination. However, often these standards refer to other standards or documents which also contain requirements that must be applied to give effect to the Determination or a standard referred to in the Determination. The purpose of this subsection is to make clear that the applicable version of these further documents is also the version that existed on the day the Determination came into force.

Section 5 – Specified product classes covered by the Determination

Section 5 sets out the scope of the Determination.

Subsection 5(1)

Subsection 5(1) provides that the Determination covers rotary clothes dryers, as defined in section 3, which are ordinarily supplied and used for personal, domestic or household use. This reflects the scope of the regulations for this product type under the revoked Determination.

Subsection 5(2)

Section 11 of the Act provides that a determination must specify one or more product classes that it covers. This subsection specifies that rotary clothes dryers covered by the Determination form a single product class.

Section 6 – GEMS level requirements

Section 6 specifies GEMS level requirements for energy use for rotary clothes dryers covered by the Determination, including requirements for conducting tests in order to demonstrate compliance with the energy use requirements, under section 25 of the Act.

Subsection 6(1)

This subsection provides that the GEMS level requirements are those set out in clause 4.4 of AS/NZS 2442.1:1996.

Subsection 6(2)

This subsection specifies that the requirements for conducting tests are those set out in section 2 of AS/NZS 2442.2:2000, subject to the modification to those requirements set out in subsection 6(3).

Subsection 6(3)

This subsection specifies modifications to the testing requirements set out in section 2 of AS/NZS 2442.2:2000.

Paragraph 6(3)(a) provides that the garments specified in Part 1 of Schedule 1 to the Determination may be used as an alternative to the standard mixed cotton test load specified in Appendix E of AS/NZS 2442.1:1996, which is no longer readily available.

Paragraph 6(3)(b) modifies the test requirements in relation to rotary clothes dryers with both timer and autosensing control mechanisms.  Products with autosensing control mechanisms were not envisaged when AS/NZS 2442.1:1996 was written. The paragraph provides that moisture removal and energy consumption must be tested on the supplier’s nominated autosensing program and the requirements for determining the maximum temperature reached during the drying cycle must be met when using both the timer and autosensing control mechanism.

Paragraph 6(3)(c) specifies that, where this is the case, clause B 3.2 of Appendix B of AS/NZS 2442.1:1996 does not apply and any energy and water used up to the point where the load becomes accessible again must be included in the tests conducted in accordance with subsection 6 (2) of the Determination. Some dryers, particularly washer dryer combinations, have a door interlock feature that operates in both drying and washing modes. This interlock can prevent a test laboratory from removing a test load for weighing at the point in the cycle specified in Appendix B of AS/NZS 2442.1:1996.

Section 7 – GEMS labelling requirements

Section 7 specifies GEMS labelling requirements for rotary clothes dryers covered by the Determination, including requirements for conducting tests in order to demonstrate compliance with the energy labelling requirements, under section 26 of the Act.

Subsection 7(1)

This subsection provides that the GEMS labelling requirements are those set out in sections 2 and 5 of AS/NZS 2442.2:2000.

Subsection 7(2)

This subsection provides that, where a star rating of seven stars or greater is achieved, the labelling requirements are either those specified in subsection 7(1), or the Super-Efficient Label in accordance with the Part 1 of Schedule 2 of the Determination.

Subsections 7(3)

This subsection specifies that the requirements for conducting tests are those set out in sections 2 and 4 of AS/NZS 2442.1:1996, subject to the modification to those requirements set out in subsection 7(4).

Subsection 7(4)

This subsection modifies the test requirements set out in subsection 7(3) in the same way as described for subsection 6(3).

Section 8 – Other GEMS requirements

Section 8 specifies other GEMS requirements in relation to product performance for rotary clothes dryers covered by the Determination, including requirements for conducting tests in order to demonstrate compliance with the product performance requirements, under section 27 of the Act.

These performance requirements are intended to prevent products entering the Australian market that are designed to meet GEMS requirements but are unfit for the product’s intended purpose.

Subsection 8(1)

This subsection provides that the product performance requirements are those set out in clauses 3.2 (Drying Clothes in a Single Operation) and 3.3 (Maximum Fabric Temperature) of AS/NZS 2442.2:2000.

Subsection 8(2)

This subsection specifies that the requirements for conducting tests are those set out in section 2 of AS/NZS 2442.1:1996, subject to the modification to those requirements set out in subsection 8(3).

Subsections 8(3)

These subsections modify the test requirements set out in subsection 8(2) in the same way as described for subsection 6(3).

Section 9 – Family of models

Section 28 of the Act provides that a GEMS determination must specify, for each product class covered by the Determination, the circumstances in which two or more models in that product class are in the same family of models.

This section specifies that the family of models circumstances for rotary clothes dryers covered by this Determination are those set out in subclause 1.5.11 of AS/NZS 2442.2:2000.

Section 10 – Product categories

Section 29 of the Act requires that a GEMS determination specify whether the products it covers are category A or category B products. Category B products are subject to higher penalties than category A products for certain offences under the Act, on the basis that category B products have a high impact on energy use or greenhouse gas production.

Section 10 specifies that rotary clothes dryers covered by the Determination are category A products.

Section 11 – Registrations affected by this Determination 

Section 36 of the Act provides that if a replacement determination does not specify that it affects a model’s registration, the model is taken to be registered against the replacement determination.

This section specifies that the Determination does not affect the registration of any model registered against the revoked Determination. Consequently, all models registered under the revoked Determination are considered to be registered against this Determination.

Schedule 1 – Variation to operation of AS/NZS 2442.1:2005

Schedule 1 specifies, for the purposes of subsections 6(3), 7(3) and 8(3) of the Determination, variations to the operation of AS/NZS 2442.1:1996 in relation to the requirements set out in subsections 6(2), 7(2) and 8(2) of the Determination.

Part 1 – Alternative Test Load

This part specifies an alternative standard cotton test load that may be used in place of the test load specified in Table E1 of Appendix E of AS/NZS 2442.1:1996.  The test load component items specified in the standard are no longer readily available.

Schedule 2 – GEMS labelling requirements – GEMS star rating and label requirements

Schedule 2 provides the necessary information for rotary clothes dryers that fall within the scope of the Determination to be labelled up to ten stars, along with associated labelling requirements.

Part 1 – Star Rating

Part 1 of Schedule 2 of the Determination provides an extended Star Rating Index table to allow for a rotary clothes dryer star rating between a minimum of one and a maximum of ten stars.

Part 2 – Labelling Requirements

Part 2 of Schedule 2 of the Determination sets out the labelling requirements for the Super-Efficiency Label.

Part 3 – Label Placement

Part 3 of Schedule 2 of the Determination provides additional placement options for the display of the Energy Efficiency Label and the Super-Efficiency Label.   

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Greenhouse and Energy Minimum Standards (Rotary Clothes Dryers) Determination 2015

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Greenhouse and Energy Minimum Standards (Rotary Clothes Dryers) Determination 2015 prescribes matters relating to minimum energy efficiency and energy labelling requirements for rotary clothes dryers under the Greenhouse and Energy Minimum Standards Act 2012. The Determination establishes requirements for energy use, energy labelling and product performance, including requirements for conducting tests in order to demonstrate compliance with those requirements. The Determination also sets out the circumstances in which two or more models in a product class may be a family of models, and establishes the applicable product category for the purposes of calculating certain penalties under the Act.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

The Hon Josh Frydenberg MP
Minister for Resources, Energy and Northern Australia