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

Overview

The Greenhouse and Energy Minimum Standards Act 2012 was enacted to establish the Greenhouse and Energy Minimum Standards (GEMS) Regulator, whose role is to oversee compliance with the Act. This legislation was introduced to address the need for setting minimum standards for energy efficiency and greenhouse gas emissions in various products, thereby contributing to the broader policy objective of reducing energy consumption and greenhouse gas emissions in Australia. The Act was passed by the Australian Parliament and is administered by the GEMS Regulator, who is empowered to make determinations and issue exemptions as necessary. One such exemption, detailed in the instrument F2013L01769, was introduced following consultation with the lighting industry and an application from a specific supplier. This exemption allows certain models of mains voltage halogen non-reflector lamps to continue to receive concessional treatment despite not meeting certain efficacy requirements, pending further policy consideration on a longer-term solution. The instrument specifies the conditions under which these exemptions are granted and sets out the commencement and term of the exemption.

Scope and Application

The Greenhouse and Energy Minimum Standards Act 2012 applies to products covered under the GEMS determinations, which include a range of products such as lighting, heating, and cooling systems, and is enforced by the GEMS Regulator. This Act operates under the Commonwealth jurisdiction and applies to entities and individuals involved in the manufacture, supply, and use of energy-consuming products within Australia. Section 37 of the Act allows for exemptions of specific product models from the requirements of a GEMS determination, subject to conditions set by the Regulator, which can be further regulated through subordinate instruments. The instrument F2013L01769, issued under Section 37, exempts specified 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, on the condition that these models meet an alternative efficacy requirement. This exemption is in effect until the instrument is withdrawn by the GEMS Regulator or the Determination is revoked. The instrument is the result of consultation with industry representatives and a specific application, and it provides a temporary measure while policy decisions for a longer-term solution are being considered.

Key Provisions

The primary sections of this instrument, issued under Section 37 of the Greenhouse and Energy Minimum Standards Act 2012, involve the exemption of certain models of mains voltage halogen non-reflector lamps from specific requirements of the Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2012 (subsection 6(1)) (section 1). This exemption is contingent upon compliance with an alternative initial efficacy requirement set out in clause 4.3 of Australian Standard AS 4934.2-2011 (section 3). The instrument specifies the commencement date and duration of the exemption, which is effective from the day after its registration on the Federal Register of Legislative Instruments until it is withdrawn by the GEMS Regulator or until the Determination is revoked (section 2). The definitions provided in section 4 clarify the meanings of terms such as "Determination," "GEMS Act," "Models," and "Schedule" for the purposes of the instrument. Under this instrument, the GEMS Regulator has the authority to exempt certain models of halogen lamps from certain energy efficiency standards, provided these models meet the specified condition of complying with the alternative efficacy requirement outlined in Australian Standard AS 4934.2-2011. This exemption is intended to allow these models to continue to benefit from certain concessions while broader policy considerations are being made. The exemption is subject to specific conditions and is contingent on compliance with the outlined efficacy requirement. This exemption applies to the models listed in the Schedule, which includes details of the specific company involved, Crompton Lighting Pty Ltd. The instrument imposes several obligations on the parties involved, primarily the requirement to ensure that the exempted models comply with the specified efficacy requirement as set out in Australian Standard AS 4934.2-2011. The GEMS Regulator has the authority to monitor compliance with this condition and to withdraw the exemption if it is found that the models are not meeting the specified efficacy requirement. Additionally, the instrument requires that the exemption remains in force until either it is withdrawn by the GEMS Regulator or the Determination is revoked. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within the text of this instrument. However, the GEMS Regulator has the authority to take action if it is determined that the conditions of the exemption are not being met. This could potentially include withdrawing the exemption, which would mean that the exempted models would no longer benefit from the concessions provided under the Determination. The potential consequences of such actions would depend on the specific circumstances and the decisions made by the GEMS Regulator.