EXPLANATORY STATEMENT
Issued by the Authority of the Greenhouse and Energy Minimum Standards Regulator
Greenhouse and Energy Minimum Standards Act 2012
Instrument under Section 37 of the Greenhouse and Energy Minimum Standards Act 2012
The Greenhouse and Energy Minimum Standards Act 2012 (Act) establishes the position of the Greenhouse and Energy Minimum Standards (GEMS) Regulator, who is responsible for monitoring and enforcing compliance with the Act.
Division 4 of Part 4 of the Act deals with the power of the GEMS Regulator to exempt models of GEMS products from the requirements of GEMS determinations.
Section 37 of the Act permits the GEMS Regulator to exempt models of GEMS products from one or more requirements of a GEMS determination in relation to all or specified supplies or uses of products of that model, and permits the GEMS Regulator to specify conditions to which the exemption is subject. Section 37 also provides that regulations may be made in order to provide a framework for administrative processes around the submission and assessment of applications for exemption.
Consultation
The exemption given effect to by the instrument was considered following representations from the peak industry body for the lighting industry, and on application from the particular supplier named in the instrument. No further consultation was considered necessary.
Authority: Section 37 of the
Greenhouse and Energy Minimum Standards Act 2012
Detailed description of provisions in the Instrument
1 Exemption
Section 1 exempts the models of mains voltage halogen non-reflector lamps specified in the Schedule attached to the instrument from the requirements of subsection 6(1) of the Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2012 (Determination), subject to the condition specified in section 3.
2 Term
Section 2 sets out the commencement arrangements and term of operation for the instrument. It comes into force on the day after it is registered on the Federal Register of Legislative Instruments, and remains in force until withdrawn by the GEMS Regulator, or the Determination is revoked, whichever occurs first.
3 Condition
Section 3 sets out the condition to which the exemption specified in section 1 is subject. The specified models must comply with the alternative initial efficacy requirement set out in clause 4.3 of Australian Standard AS 4934.2-2011, which is the energy use requirement specified in subsection 6(3) of the Determination that expired on 30 September 2013.
The combined effects of sections 1 and 3 of the instrument is to allow the models specified in the Schedule, which are unable to meet the requirements of subsection 6(1) of the Determination, to continue to receive the concessional treatment afforded by subsection 6(3) of the Determination while policy consideration is given to a longer-term extension of that concessional treatment.
4 Interpretation
Section 4 sets out the meaning of a number of terms used in the instrument. Definitions are provided for:
- “Determination” which means the Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2012;
- “GEMS Act” which means the Greenhouse and Energy Minimum Standards Act 2012 (Cth);
- “Models” which means the mains voltage halogen non-reflector lamps specified in the Schedule; and
- “Schedule” which means the attached schedule to the instrument.
Schedule
The Schedule lists the models that are specified for the purposes of section 1 of the instrument, and the company (HPM Legrand) that is the registrant (or supplier where relevant) for the models.
Overview
The Greenhouse and Energy Minimum Standards Act 2012 was enacted to establish the Greenhouse and Energy Minimum Standards (GEMS) Regulator, who is tasked with monitoring and enforcing compliance with the Act. This Act was introduced to address the need for a regulatory framework that ensures the energy efficiency of products sold in Australia, aiming to reduce greenhouse gas emissions and promote sustainable energy practices. The GEMS Regulator is authorised to exempt certain models of GEMS products from the requirements of GEMS determinations, subject to specific conditions, as stated in Section 37 of the Act. This provision allows for flexibility in regulatory standards based on practical considerations and industry feedback. The explanatory statement details an exemption made under this section for specific models of mains voltage halogen non-reflector lamps, allowing them to continue under a concessional treatment until further policy decisions are made. This exemption was implemented following consultations with industry representatives and an application from the supplier, HPM Legrand.
Scope and Application
The Greenhouse and Energy Minimum Standards Act 2012 establishes the Greenhouse and Energy Minimum Standards (GEMS) Regulator, who is tasked with monitoring and enforcing compliance with the Act. The Act applies to various industries and entities that deal with products subject to GEMS determinations, ensuring they adhere to energy efficiency and greenhouse gas emission standards. The geographic and jurisdictional reach of the Act is Commonwealth-wide, affecting entities and products across Australia. The Act can be extended or restricted through subordinate instruments, such as regulations made under section 37, which allows for the exemption of certain product models from GEMS determination requirements, subject to specific conditions. For example, the instrument under section 37 exempts certain models of mains voltage halogen non-reflector lamps from certain efficacy requirements, provided they meet alternative energy use criteria specified in an Australian Standard. This exemption applies nationally and is in effect until the exemption is withdrawn by the GEMS Regulator or the relevant determination is revoked. The instrument specifies detailed conditions and terms for the exemption and includes an interpretation section to clarify key terms used within the instrument.
Key Provisions
The key provisions of the instrument under Section 37 of the Greenhouse and Energy Minimum Standards Act 2012 (Act) involve the exemption of specific 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 (subsection 6(1)). This exemption is outlined in Section 1 of the instrument. These models, detailed in the attached Schedule, are granted a temporary reprieve from the stringent energy efficiency standards, contingent on meeting alternative efficacy requirements as specified in clause 4.3 of Australian Standard AS 4934.2-2011 (Section 3). The instrument comes into force on the day after its registration on the Federal Register of Legislative Instruments and remains in effect until it is withdrawn by the GEMS Regulator or the Determination is revoked (Section 2).
The obligations imposed by this instrument are primarily on the GEMS Regulator and the specified suppliers of the exempted models. The GEMS Regulator is tasked with ensuring that the exempted models meet the specified efficacy requirements, which involve compliance with the energy use standards set forth in clause 4.3 of the Australian Standard AS 4934.2-2011. Suppliers, such as HPM Legrand, must ensure that their products adhere to these efficacy standards and are listed in the Schedule. This compliance is crucial to maintain the concessional treatment afforded by the Determination until further policy decisions are made.
Failure to comply with the conditions of the exemption may lead to legal consequences. Under the Act, non-compliance could result in the GEMS Regulator taking enforcement actions, which might include fines or other penalties. The specific penalties are not detailed within this instrument but are governed by the overarching provisions of the Greenhouse and Energy Minimum Standards Act 2012. It is also important to note that any breaches could lead to civil or criminal liability, depending on the nature and severity of the non-compliance.