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force on the day after it is registered on the Federal Register of Legislative Instruments, and remains in force until withdrawn by the GEMS Regulator, or the Determination is revoked, whichever occurs first.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.
Overview
The Greenhouse and Energy Minimum Standards Act 2012 was enacted to address the need for minimum energy efficiency standards in Australian products, thereby reducing greenhouse gas emissions and energy consumption. This legislation established the Greenhouse and Energy Minimum Standards (GEMS) Regulator, who is tasked with monitoring and enforcing compliance with the Act. The Act provides the GEMS Regulator with the authority to exempt certain models of products from the requirements of GEMS determinations, as specified in section 37 of the Act. The policy objective underpinning this Act is to promote energy efficiency and reduce the environmental impact of energy use in Australia. The explanatory statement for the instrument under section 37 of the Act clarifies that the exemption for specific models of mains voltage halogen non-reflector lamps was granted following representations from the lighting industry and an application from a particular supplier. This exemption allows the specified models, which cannot meet the requirements of a particular GEMS determination, to continue receiving concessional treatment while policy considerations are made regarding a longer-term extension of that concessional treatment.
Scope and Application
The Greenhouse and Energy Minimum Standards Act 2012 applies to various entities within Australia, including businesses, manufacturers, and suppliers, to ensure compliance with energy efficiency standards for certain products. The Act applies specifically to products covered by Greenhouse and Energy Minimum Standards (GEMS) determinations, with the Act empowering the GEMS Regulator to exempt particular models of these products from certain requirements under specific conditions. This instrument, F2013L01804, provides an exemption for specified models of mains voltage halogen non-reflector lamps from the stringent efficacy requirements set out in the Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2012. These exemptions are conditional upon the lamps meeting an alternative energy use requirement specified in an Australian Standard. The exemption is intended to provide temporary relief to the affected models while broader policy considerations are evaluated. The instrument extends its application nationally, and its authority is derived directly from Section 37 of the GEMS Act. It is important to note that this instrument does not establish any new legislative standards or thresholds but provides a temporary exemption to existing requirements.
Key Provisions
The Greenhouse and Energy Minimum Standards Act 2012 (GEMS Act) (section 37) authorises the GEMS Regulator to exempt certain models of GEMS products from the requirements of GEMS determinations. This legislation enables the exemption of specific mains voltage halogen non-reflector lamp models from the requirements of the Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2012 (subsection 6(1)) (section 1). However, this exemption is conditional, subject to compliance with the alternative initial efficacy requirement set out in clause 4.3 of Australian Standard AS 4934.2-2011 (section 3). The exemption will remain in effect until the GEMS Regulator withdraws it, or the relevant Determination is revoked, whichever occurs first (section 2). Definitions of key terms used in the instrument, such as “Determination” and “Schedule”, are provided in section 4.
The obligations imposed by this legislation on the relevant parties include compliance with the specified condition of the exemption, which entails meeting the alternative initial efficacy requirement set out in clause 4.3 of Australian Standard AS 4934.2-2011. This condition ensures that the exempted models of mains voltage halogen non-reflector lamps adhere to the energy use requirement previously specified in subsection 6(3) of the Determination. Furthermore, the exemption is applicable only to the specified models listed in the Schedule and is subject to the GEMS Regulator's oversight and regulatory authority.
Failure to comply with the requirements of the exemption or the GEMS Act may result in civil and criminal consequences. While the specific penalties for breach of the GEMS Act are not explicitly stated in this legislation, it is reasonable to assume that penalties may include fines, enforcement actions, or other legal measures that the GEMS Regulator may impose. Additionally, non-compliance with the specified condition of the exemption may lead to the revocation of the exemption and the reinstatement of the original requirements of the Determination for the affected models.