Instrument under Section 37 of the GEMS Act (IPD Group Limited)

Overview

The Greenhouse and Energy Minimum Standards Act 2012, enacted by the Commonwealth Parliament, was introduced to ensure that energy efficiency standards for products are maintained, thereby reducing greenhouse gas emissions and promoting sustainable energy use. The Act establishes the Greenhouse and Energy Minimum Standards (GEMS) Regulator, who is tasked with monitoring and enforcing compliance with the Act's provisions. The explanatory statement outlines that Section 37 of the Act allows the GEMS Regulator to exempt certain models of products from the requirements of GEMS determinations, subject to specified conditions. This particular instrument, F2013L01765, was introduced in response to representations from the lighting industry's peak body and an application from a specific supplier. The exemption provided by this instrument allows certain models of mains voltage halogen non-reflector lamps to continue to receive concessional treatment under an expired energy use requirement, pending further policy consideration.

Scope and Application

The Greenhouse and Energy Minimum Standards Act 2012, through the instrument F2013L01765, addresses the exemption of certain models of mains voltage halogen non-reflector lamps from specific energy standards, as outlined in the Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2012. The Act empowers the Greenhouse and Energy Minimum Standards (GEMS) Regulator to grant these exemptions, subject to specific conditions, and to set the terms of such exemptions. The exemption applies to the models listed in the attached schedule of the instrument, supplied by IPD Group Limited, and allows these models to continue to meet an alternative energy use requirement until further policy decisions are made. This legislative instrument is designed to provide a temporary solution while broader policy considerations are addressed, ensuring that affected products can still operate under the more lenient energy standards that previously applied. The scope of this legislation extends to specific entities within the lighting industry, namely IPD Group Limited, and applies to the models of mains voltage halogen non-reflector lamps specified in the attached schedule. The exemption is limited to the Commonwealth jurisdiction, as it operates under the authority granted by the Greenhouse and Energy Minimum Standards Act 2012. The exemption does not apply to other models or suppliers not listed in the schedule, and it remains in effect until either the GEMS Regulator withdraws it or the relevant Determination is revoked. The instrument provides a framework for the administrative processes related to applications for exemption, as authorised by Section 37 of the Act.

Key Provisions

Section 37 of the Greenhouse and Energy Minimum Standards Act 2012 grants the GEMS Regulator the authority to exempt specific models of GEMS products from certain requirements outlined in GEMS determinations. This legislative provision allows for exemptions to be applied to all or specified supplies or uses of these products, and it also permits the Regulator to impose conditions on these exemptions. For instance, the exemption instrument issued under this section exempts certain 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, but only if the lamps meet the alternative initial efficacy requirement specified in clause 4.3 of Australian Standard AS 4934.2-2011. The Act imposes several obligations on the entities governed by it. Manufacturers and suppliers of the specified models of mains voltage halogen non-reflector lamps must ensure that their products meet the energy use requirement outlined in clause 4.3 of Australian Standard AS 4934.2-2011. This ensures that the exempted products do not exceed the energy usage limits that would otherwise apply under the Greenhouse and Energy Minimum Standards Determination. Additionally, the GEMS Regulator is tasked with overseeing the compliance of these products with the specified conditions and ensuring that the exemption does not undermine the overall objectives of the Act. In the event of non-compliance with the conditions set out in the exemption instrument, the GEMS Regulator may take enforcement action. The consequences of breaching the conditions could include the withdrawal of the exemption, leading to the affected products no longer being exempt from the requirements of the Determination. Additionally, entities that fail to comply with the Act or the conditions of the exemption may face civil or criminal penalties, although the specific penalties are not detailed within the instrument itself. The GEMS Regulator has the authority to initiate legal proceedings against entities that violate the Act, which could result in substantial fines or other legal consequences.