Instrument under Section 37 of the GEMS Act (Sylvania Lighting Australia)

Overview

The Greenhouse and Energy Minimum Standards Act 2012 was enacted to establish the Greenhouse and Energy Minimum Standards (GEMS) Regulator and provide a legislative framework for setting and enforcing minimum energy efficiency standards for various products. This legislation aims to address the need for energy efficiency improvements and greenhouse gas emission reductions in Australia. Enacted by the Commonwealth Parliament, the Act seeks to improve energy efficiency and reduce greenhouse gas emissions by setting minimum standards for the energy performance of specified products. The GEMS Regulator, established under this Act, has the authority to exempt certain models of GEMS products from compliance requirements under specific conditions, facilitating industry adjustments while maintaining overarching policy objectives. The instrument F2013L01773, issued under Section 37 of the Greenhouse and Energy Minimum Standards Act 2012, provides an exemption for certain models of mains voltage halogen non-reflector lamps from the stringent efficacy requirements of the Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2012. This exemption, which is subject to compliance with an alternative energy use requirement, was granted following consultation with industry representatives and an application from a specific supplier. The exemption allows these models to continue receiving a concessional treatment during a period of policy review, ensuring a balance between regulatory compliance and industry needs.

Scope and Application

The Greenhouse and Energy Minimum Standards Act 2012 establishes the Greenhouse and Energy Minimum Standards (GEMS) Regulator, whose role includes monitoring and enforcing compliance with the Act. Under Section 37 of the Act, the GEMS Regulator has the power to exempt certain models of GEMS products from the requirements of GEMS determinations, subject to specified conditions. This authority extends to exempting specific products from certain compliance obligations and can be exercised through subordinate instruments, such as regulations detailing the administrative processes for exemption applications. The exemption applies to particular entities, in this case, mains voltage halogen non-reflector lamps specified by the Schedule attached to the instrument, with the exemption granted on application from the industry and after consideration of representations from the peak industry body. The exemption provided by this instrument allows the specified models of lamps, which cannot meet the requirements of the Greenhouse and Energy Minimum Standards (Incandescent Lamps for General Lighting Services) Determination 2012, to continue to benefit from a concessional treatment in terms of energy use, as stipulated in the expired subsection 6(3) of the Determination. The exemption is subject to the condition that these models must comply with the alternative initial efficacy requirement outlined in Australian Standard AS 4934.2-2011. The instrument comes into force on the day after its registration on the Federal Register of Legislative Instruments and remains in effect until either it is withdrawn by the GEMS Regulator or the Determination is revoked.

Key Provisions

Section 37 of the Greenhouse and Energy Minimum Standards Act 2012 empowers the Greenhouse and Energy Minimum Standards (GEMS) Regulator to exempt certain models of GEMS products from the requirements of GEMS determinations (Section 37(1)). Specifically, this 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, subject to certain conditions (Section 1). The exemption is conditional on the specified models complying with an alternative initial efficacy requirement set out in Australian Standard AS 4934.2-2011 (Section 3). The exemption allows these models to continue receiving the concessional treatment that was previously afforded by subsection 6(3) of the Determination, which expired on 30 September 2013. The GEMS Regulator is required to monitor and enforce compliance with the Act and its determinations (Section 37). The Act imposes on the GEMS Regulator the responsibility to consider applications for exemption and to determine whether to grant such exemptions, subject to the conditions specified in the instrument (Section 37(2)). The Regulator must ensure that any exempted products meet the specified conditions to maintain the exemption. In addition, the Act mandates that the GEMS Regulator provide a framework for administrative processes, including the submission and assessment of exemption applications (Section 37(3)). Breach of the conditions specified in the instrument may result in the loss of the exemption, effectively making the exempted products subject to the full requirements of the GEMS determinations. Although the instrument does not explicitly state penalties for breach, the Act provides that failure to comply with the Act or its determinations can result in civil or criminal penalties as outlined in the Act (Section 34). The maximum penalties for contravening the Act can include fines of up to $11,100 for individuals and up to $55,500 for bodies corporate, as per the current penalty units under the Commonwealth Crimes Act 1914.