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

Overview

The Greenhouse and Energy Minimum Standards Act 2012 was enacted to establish a regulatory framework for setting, monitoring, and enforcing minimum energy efficiency and greenhouse gas emission standards for various products. This legislation was introduced to address the need for improved energy efficiency and reduced greenhouse gas emissions across multiple sectors. The Greenhouse and Energy Minimum Standards Regulator, established under the Act, is responsible for overseeing compliance with these standards. The Act provides the GEMS Regulator with the authority to exempt certain product models from specific requirements under the GEMS determinations, subject to certain conditions, to facilitate practical implementation and industry adjustments. The explanatory statement pertains to an exemption made under Section 37 of the Act for particular models of mains voltage halogen non-reflector lamps, which allows these models to continue receiving a concessional treatment under the Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2012. This exemption was granted following representations from the industry and an application from a specific supplier, with the condition that these models meet an alternative efficacy requirement specified in an Australian Standard. The exemption aims to provide a temporary solution while further policy considerations are being made.

Scope and Application

The Greenhouse and Energy Minimum Standards (GEMS) Act 2012 applies to the regulation of energy efficiency standards for specific products in Australia. It establishes the Greenhouse and Energy Minimum Standards Regulator, who is responsible for monitoring and enforcing compliance with the Act. The Act's scope extends to the regulation of energy efficiency standards for various products, ensuring that they meet specific energy usage and efficiency criteria. The instrument under Section 37 of the Act allows the GEMS Regulator to exempt certain models of GEMS products from the requirements of GEMS determinations, subject to specific conditions. The exemption pertains to mains voltage halogen non-reflector lamps, allowing them to continue receiving concessional treatment while policy consideration is given for a longer-term extension. This instrument 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 until the Determination is revoked, whichever occurs first. The exemption is subject to compliance with the alternative initial efficacy requirement set out in Australian Standard AS 4934.2-2011.

Key Provisions

The main operative sections of this legislation detail the exemption of certain halogen non-reflector lamps from specific energy efficiency requirements, and set conditions for this exemption. Section 1 of the instrument specifies the exemption of particular 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, while Section 3 outlines the condition that these lamps must comply with an alternative energy use requirement specified in Australian Standard AS 4934.2-2011. These sections provide a temporary solution, allowing the specified models to continue receiving concessional treatment while a longer-term policy is being considered. The instrument becomes effective on the day after registration on the Federal Register of Legislative Instruments, as outlined in Section 2, and remains in force until withdrawn by the GEMS Regulator or until the relevant determination is revoked. The obligations imposed on the parties governed by this Act are primarily concerned with compliance with the specified conditions for exemption. The supplier named in the instrument, OSRAM Australia Pty Ltd, must ensure that the models listed in the Schedule comply with the energy use requirement set out in clause 4.3 of Australian Standard AS 4934.2-2011. Failure to meet this condition would mean that the exemption does not apply, and the lamps would be subject to the full requirements of the Determination. Additionally, the GEMS Regulator is required to monitor compliance with the conditions of the exemption and may withdraw the instrument if it is determined that compliance is not being maintained. Any breach of the conditions set out in the instrument may have legal consequences. While the specific penalties are not detailed in the Explanatory Statement, breaches of provisions under the Greenhouse and Energy Minimum Standards Act 2012 generally carry significant penalties, both civil and criminal. Civil penalties can include substantial fines, while criminal penalties can result in imprisonment, depending on the nature and severity of the breach. It is important for the parties involved to ensure strict adherence to the conditions outlined in the instrument to avoid these potential consequences.