Instrument under Section 37 of the GEMS Act (Beacon Lighting (Wholesales) Pty Ltd)

Overview

The Greenhouse and Energy Minimum Standards Act 2012, enacted by the Commonwealth Parliament, establishes the Greenhouse and Energy Minimum Standards (GEMS) Regulator responsible for monitoring and enforcing compliance with the Act. A key problem this legislation addresses is ensuring that energy efficiency standards are met across various products to mitigate the effects of climate change. Section 37 of the Act allows the GEMS Regulator to exempt certain models of GEMS products from specific requirements, subject to certain conditions, thereby providing flexibility in the enforcement of energy efficiency standards. This power is exercised through regulations that establish administrative processes for exemption applications. In this instance, the exemption granted by the instrument concerns specific models of mains voltage halogen non-reflector lamps, allowing them to comply with an alternative efficacy requirement until further policy decisions are made. The policy objective is to provide temporary relief to industry while ensuring that energy use standards are still met.

Scope and Application

The Greenhouse and Energy Minimum Standards Act 2012, as implemented through the instrument F2013L01772, applies to entities and models of certain products within the Commonwealth of Australia. Specifically, the Act focuses on the regulation of energy efficiency standards for products, and the instrument under Section 37 of the Act exempts certain models of mains voltage halogen non-reflector lamps from the stringent requirements of the Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2012. This exemption is granted subject to certain conditions, including compliance with an alternative initial efficacy requirement as set out in Australian Standard AS 4934.2-2011. The exemption applies to the specific models listed in the attached Schedule and is overseen by the Greenhouse and Energy Minimum Standards Regulator. The instrument is in force until either it is withdrawn by the GEMS Regulator or the relevant Determination is revoked. The instrument aims to provide temporary relief to certain models of lamps that cannot meet the stricter energy efficiency requirements, allowing them to continue under the less stringent criteria while further policy decisions are being made.

Key Provisions

The main sections of this instrument (F2013L01772) under the Greenhouse and Energy Minimum Standards Act 2012 (GEMS Act) involve exempting specific models of mains voltage halogen non-reflector lamps from certain requirements of the Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2012 (Determination) (sections 1 and 3). These models are specified in the Schedule attached to the instrument, which also lists the registrant, Beacon Lighting (Wholesales) Pty Ltd. The exemption is conditional upon compliance with an alternative initial efficacy requirement outlined in Australian Standard AS 4934.2-2011 (section 3). Section 2 sets out the commencement date of the instrument and its term, which will remain in force until withdrawn by the GEMS Regulator or until the Determination is revoked, whichever occurs first. The obligations imposed by this instrument include the requirement for the specified models to meet the alternative initial efficacy requirement as outlined in Australian Standard AS 4934.2-2011. This means that these models must adhere to the energy use requirement specified in subsection 6(3) of the Determination that expired on 30 September 2013. Additionally, the registrant, Beacon Lighting (Wholesales) Pty Ltd, is responsible for ensuring that the models comply with this condition. The instrument also stipulates that the exemption will continue in force until withdrawn by the GEMS Regulator or until the Determination is revoked. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of this instrument. However, failure to comply with the conditions set out in the instrument could result in the exemption being withdrawn by the GEMS Regulator. This withdrawal could potentially have significant implications for the registrant and the continued supply of the affected models. Additionally, non-compliance with the conditions could lead to broader enforcement actions under the GEMS Act, which could include fines or other penalties as stipulated in the Act. In summary, this instrument provides a temporary exemption for certain models of mains voltage halogen non-reflector lamps from specific requirements of the Determination, subject to compliance with an alternative energy use requirement. The obligations primarily rest with the registrant to ensure compliance, and failure to meet these conditions could result in the exemption being withdrawn and potential broader enforcement actions under the GEMS Act.