EXPLANATORY STATEMENT
Issued by the Authority of the Greenhouse and Energy Minimum Standards Regulator
Greenhouse and Energy Minimum Standards (Variation of a Model’s Registration – Application Fees) Instrument 2014
The Greenhouse and Energy Minimum Standards Act 2012 (GEMS Act) requires models of products that are covered by a Greenhouse and Energy Minimum Standards determination to be registered and provides offences for the supply, offer to supply or use for commercial purposes of GEMS products that are not registered.
Under section 41 of the GEMS Act, a person may apply to the GEMS Regulator to register in relation to a product class:
(a) a single model of GEMS products, specified in the application; or
(b) 2 or more models of GEMS products, specified in the application, that are in the same family of models.
Under section 46(1) of the Act, a person may apply to the GEMS Regulator to vary an existing registration in order to add additional product models in the same family of models.
Section 77 of the Act enables the GEMS Regulator to charge fees for services. Fees that may be charged under section 77 are different to the fees that may be charged under the Greenhouse and Energy Minimum Standards (Registration Fees) Act 2012, which applies to the fee payable to register a product under section 41 of the Act.
Paragraph 64(1)(c) requires an application under Part 5 (Registering models of GEMS products) of the Act, other than an application to register a product under section 41, to be accompanied by the fee specified by the GEMS Regulator by legislative instrument.
The Greenhouse and Energy Minimum Standards (Variation of a Model’s Registration – Application Fees) Instrument 2014 sets a fee of $250 for applications to the GEMS Regulator to vary an existing registration in relation to the relevant product class to cover one or more additional models of GEMS products. A payment of this fee is not the provision of consideration for GST purposes and so is not subject to GST. This fee is equivalent to the registration processing costs incurred by the GEMS Regulator. The recovery of the compliance monitoring costs has not been factored into this fee, as it is not considered to significantly add to the costs involved with compliance, monitoring and enforcement.
Consultation
The Australian Government conducted extensive consultation with Australian businesses throughout the development of the GEMS Act. The Australian Government also consulted with the governments of New Zealand and Australian states and territories, who were all involved in transferring the then twenty-year old E3 Program to the new framework.
One component of the consultation process was to address 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.
Authority: Subsection 77(1) of the
Greenhouse and Energy Minimum Standards Act 2012
Contents of the Instrument
Part 1 Preliminary
1 Name of instrument
Section 1 sets out the name of the instrument.
2 Commencement
Section 2 provides for the commencement of the instrument.
3 Purpose
Section 3 sets out the purpose of the instrument, which is to specify the fees payable for an application made under subsection 46(1) of the GEMS Act to vary a model’s registration.
4 Power
Section 4 provides that subsection 77(1) of the GEMS Act is the legislative power under which this instrument is made. Subsection 77(1) enables the GEMS Regulator to charge fees for services provided by, or on behalf of, the GEMS Regulator in the performance of his or her functions.
5 Interpretation
Section 5 clarifies that any terms in the instrument that are defined in the GEMS Act have the same meaning, unless otherwise specified.
6 Application
Section 6 sets out that the instrument applies to an application made under subsection 46(1) of the GEMS Act to vary a model’s registration.
Part 2 Fees
7 Fees
Section 7 requires a person making an application to vary a model’s registration, to pay a fee to the GEMS Regulator of $250.