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force on the day after it is registered on the Federal Register of Legislative Instruments, and remains in force until withdrawn by the GEMS Regulator, or the Determination is revoked, whichever occurs first.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 (Mirabella International Pty Ltd) that is the registrant for the models.