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

Overview

The Greenhouse and Energy Minimum Standards Act 2012 was enacted by the Parliament of Australia to address the need for setting and enforcing minimum standards for greenhouse gas emissions and energy efficiency in various products. This legislation established the Greenhouse and Energy Minimum Standards Regulator, whose role is to monitor and ensure compliance with the Act's requirements. The policy objective of this Act is to improve the energy efficiency and reduce greenhouse gas emissions across different sectors, thereby contributing to national environmental goals and supporting sustainable practices. The explanatory statement outlines an instrument made under Section 37 of the Act, which allows the GEMS Regulator to exempt certain models of products from the requirements of a GEMS determination, subject to specific conditions. In this particular instance, the exemption granted by this instrument allows certain models of mains voltage halogen non-reflector lamps to continue receiving concessional treatment despite not meeting the requirements of a previous determination. This exemption is intended to provide temporary relief while policy considerations for a longer-term solution are being evaluated.

Scope and Application

The Greenhouse and Energy Minimum Standards Act 2012, as amended by the instrument F2013L01803, applies to entities involved in the supply and use of mains voltage halogen non-reflector lamps in Australia. The Act is administered by the Greenhouse and Energy Minimum Standards (GEMS) Regulator who has the authority to exempt certain models of GEMS products from compliance with specified requirements of GEMS determinations. This particular instrument exempts certain specified models of mains voltage halogen non-reflector lamps from the requirements of subsection 6(1) of the Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2012, subject to specific conditions. These exemptions are granted to allow the specified models to continue to receive the concessional treatment while policy considerations are made for a longer-term extension of that concessional treatment. The exemption is applicable nationally and remains in force until withdrawn by the GEMS Regulator or until the Determination is revoked, whichever occurs first. The instrument also provides for a framework for administrative processes around the submission and assessment of applications for exemption.

Key Provisions

The primary sections of this instrument (sections 1, 2, 3, and 4) outline the exemption of certain models of mains voltage halogen non-reflector lamps from the requirements of the Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2012. Specifically, section 1 exempts the specified models from subsection 6(1) of the Determination, while section 3 stipulates that this exemption is contingent upon the specified models meeting the alternative initial efficacy requirement outlined in clause 4.3 of Australian Standard AS 4934.2-2011. Section 2 details the commencement and duration of the exemption, which is effective from the day after registration and remains in force until either the GEMS Regulator withdraws it or the Determination is revoked. Section 4 provides definitions for key terms used throughout the instrument, such as "Determination," "GEMS Act," "Models," and "Schedule." The obligations imposed by this instrument on the entities it governs are primarily focused on compliance with the specified conditions. GE Lighting Australia Pty Ltd, the registrant for the exempted models, must ensure that the models listed in the Schedule meet the energy use requirement set out in clause 4.3 of AS 4934.2-2011. This involves verifying that the models adhere to the alternative initial efficacy requirement to maintain the exemption granted by this instrument. Failure to comply with these conditions could result in the revocation of the exemption, thereby subjecting the models to the full requirements of the Determination. In terms of consequences for non-compliance, the instrument does not explicitly outline specific offences, penalties, or legal ramifications for breaching the conditions of the exemption. However, the GEMS Regulator has the authority to withdraw the exemption if the specified models do not comply with the stipulated condition. Such a withdrawal would mean that the exempted models would no longer benefit from the concessional treatment provided by the Determination and would be subject to the full regulatory requirements. This could potentially impact the market availability and compliance status of the affected models, making it crucial for GE Lighting Australia Pty Ltd to adhere to the conditions outlined in the instrument.