Greenhouse and Energy Minimum Standards (Variation of a Model’s Registration - Application Fees) Instrument 2014

Overview

The Greenhouse and Energy Minimum Standards (Variation of a Model’s Registration – Application Fees) Instrument 2014 was introduced to specify the fees payable for applications to the Greenhouse and Energy Minimum Standards Regulator to vary the registration of a model of a product. This instrument complements the Greenhouse and Energy Minimum Standards Act 2012 (GEMS Act) by enabling the Regulator to charge fees for the services provided in relation to these applications. The purpose of the Instrument is to ensure that the costs of processing these applications are recovered, thereby supporting the ongoing effectiveness of the GEMS Act. The Australian Government consulted extensively with Australian businesses, New Zealand, and state and territory governments in developing the GEMS Act, seeking feedback on various aspects including the fees structure to cover both registration and compliance monitoring costs. This consultation helped shape the legislative framework to ensure it met the needs of all stakeholders while maintaining a balance between cost recovery and regulatory efficiency.

Scope and Application

The Greenhouse and Energy Minimum Standards (Variation of a Model’s Registration – Application Fees) Instrument 2014 applies to any person seeking to vary an existing registration under section 46(1) of the Greenhouse and Energy Minimum Standards Act 2012. This Act pertains to the regulation of products covered by Greenhouse and Energy Minimum Standards determinations, which includes a wide range of products across various industries. The instrument sets forth the fees associated with applications to modify an existing registration to include additional models within the same family of products, and it applies across the Commonwealth of Australia. The application fee specified is $250, which is designed to cover the processing costs incurred by the Greenhouse and Energy Minimum Standards Regulator. Notably, this fee does not include the costs of compliance monitoring, which are not considered significant in relation to the processing of these applications. The instrument is a legislative tool under section 77(1) of the GEMS Act, which authorises the Regulator to charge fees for services. The instrument does not specify any exclusions or exemptions from the application of these fees, and its application is not extended or restricted by any subordinate instruments beyond the scope of the GEMS Act itself.

Key Provisions

The primary operative sections of this instrument establish the fees for applications to vary the registration of a model under the Greenhouse and Energy Minimum Standards (GEMS) Act 2012. Specifically, section 7 sets out the fee requirement, stipulating that an application to vary a model's registration must be accompanied by a fee of $250 to the GEMS Regulator (section 7). This fee is intended to cover the processing costs associated with the application and is not subject to GST as it does not constitute consideration for GST purposes (section 64(1)(c)). The obligations imposed by this instrument primarily concern the payment of the specified fee. Under section 7, any person making an application to vary a model’s registration must pay this fee to the GEMS Regulator. This obligation is clear and straightforward, ensuring that the GEMS Regulator is compensated for the administrative burden of processing such applications. Additionally, the instrument specifies that the fee is equivalent to the registration processing costs, ensuring transparency in the fee structure (section 7). In terms of consequences for non-compliance, the instrument itself does not explicitly outline offences, penalties, or other consequences for failing to pay the required fee. However, under the GEMS Act, there are broader provisions that may apply. For example, section 142 of the GEMS Act provides for offences and penalties related to the supply, offer to supply, or use of non-registered GEMS products, which could potentially include administrative or financial penalties. Nevertheless, the specific consequences for failing to pay the fee set out in this instrument would likely need to be pursued under the general administrative or enforcement provisions of the GEMS Act. This instrument thus plays a crucial role in ensuring that the GEMS Regulator can efficiently manage the registration process by recovering costs directly related to the application processing. It underscores the importance of compliance with the specified fee to maintain the integrity and effectiveness of the GEMS registration system.