Instrument under Section 37 of the GEMS Act (Philips Lighting)

Overview

The Greenhouse and Energy Minimum Standards Act 2012 was enacted to establish a regulatory framework for minimum energy efficiency standards in Australia. It addresses the need to reduce greenhouse gas emissions and improve energy efficiency in various products and services. The Act empowers the Greenhouse and Energy Minimum Standards Regulator to set, monitor, and enforce compliance with these standards. One of the key features of the Act is its provision for exemptions from certain energy efficiency requirements, as outlined in Section 37. This section allows for the exemption of specific product models under certain conditions, facilitating regulatory flexibility and industry compliance. The policy objective of the Act is to enhance energy efficiency and reduce greenhouse gas emissions across Australia, thereby contributing to national environmental goals and international climate commitments.

Scope and Application

The Greenhouse and Energy Minimum Standards Act 2012, through its associated instrument F2013L01775, governs the exemption of certain models of mains voltage halogen non-reflector lamps from specific requirements under the Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2012. This Act applies to the entities involved in the production and supply of these lamps, ensuring compliance with set energy efficiency standards, unless an exemption applies. The exemption applies nationally across Australia, aligning with the broader objectives of the Act to promote energy efficiency and reduce greenhouse gas emissions. This instrument was enacted in response to industry representations and an application from a specific supplier, Philips Lighting, a division of Philips Electronics Australia Limited, and does not extend beyond the specified models outlined in the attached Schedule. The exemption, as detailed in the instrument, allows certain halogen lamp models to bypass the stricter efficacy requirements of the Determination, provided they meet an alternative efficacy standard outlined in Australian Standard AS 4934.2-2011. This temporary measure allows these models to continue receiving the concessional treatment while further policy decisions are being deliberated. The exemption is contingent upon compliance with the specified conditions and is in force until withdrawn by the GEMS Regulator or until the Determination is revoked. This legislative instrument thus serves to bridge a policy gap temporarily, ensuring that affected entities can continue operations under a defined set of conditions while broader regulatory adjustments are considered.

Key Provisions

The key provisions of this legislation, under Section 37 of the Greenhouse and Energy Minimum Standards Act 2012, allow the GEMS Regulator to exempt certain models of products from certain requirements of GEMS determinations (Section 1). This particular instrument exempts certain 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 on the condition that these models comply with an alternative efficacy requirement (Section 3). The exemption will remain in effect until the instrument is withdrawn by the GEMS Regulator, or until the Determination is revoked, whichever occurs first (Section 2). The instrument also provides definitions for certain terms used in the legislation, such as "Determination", "GEMS Act", "Models", and "Schedule" (Section 4). The Act imposes obligations on the parties it governs to comply with the terms of the exemption, particularly the condition set out in Section 3. This means that the specified models of mains voltage halogen non-reflector lamps must comply with the alternative initial efficacy requirement set out in clause 4.3 of Australian Standard AS 4934.2-2011. Failure to comply with these obligations could result in non-compliance with the Act and its regulations. There are no specific offences, penalties, or consequences mentioned in the instrument itself. However, any breach of the Act or its regulations could potentially lead to civil or criminal consequences, depending on the nature and severity of the breach. The Act may also provide for penalties to be imposed for non-compliance, although the specific penalties are not outlined in this instrument. It is important to note that the consequences for non-compliance could include legal action, fines, or other enforcement measures, and could potentially impact the parties involved in a significant way.