Instrument under section 37 of the Greenhouse and Energy Minimum Standards Act 2012 – Sony Australia Limited

Overview

The Greenhouse and Energy Minimum Standards Act 2012 was enacted to address the need for regulating the energy efficiency of certain products in Australia, with the aim of reducing greenhouse gas emissions and improving energy efficiency across various sectors. This legislation was introduced by the Australian Parliament to ensure that certain products meet minimum energy efficiency standards, thereby contributing to national sustainability goals. The Greenhouse and Energy Minimum Standards Regulator, established under the Act, is tasked with enforcing compliance and monitoring adherence to these standards. Section 37 of the Act empowers the Regulator to exempt specific models of products from certain requirements if they meet defined conditions, facilitating flexibility while maintaining the overall objective of energy efficiency. This legislative instrument issued under the Act aims to provide such an exemption for a particular model of external power supply, subject to specified conditions to ensure it meets performance benchmarks.

Scope and Application

The Greenhouse and Energy Minimum Standards Act 2012, administered by the Greenhouse and Energy Minimum Standards Regulator, pertains to entities and products within the Australian jurisdiction that require compliance with specific energy efficiency standards. This legislation applies to the supply and use of energy-consuming products, ensuring they meet the minimum standards set out in GEMS determinations. The scope of the Act is national, encompassing all states and territories within Australia, thereby establishing uniform energy efficiency benchmarks across the country. Section 37 of the Act empowers the GEMS Regulator to exempt certain models of energy-consuming products from the requirements of GEMS determinations, subject to specific conditions. This exemption can be applied to all or specified supplies or uses of products, provided the exempt model adheres to certain marking requirements as outlined in the International Efficiency Marking Protocol. The instrument, issued by the GEMS Regulator, specifies the conditions under which an exemption is granted and details the particular model exempt from labelling and other GEMS requirements, as delineated in the Schedule to the instrument.

Key Provisions

The Greenhouse and Energy Minimum Standards (Sony External Power Supply) Instrument 2014 (F2014L00956) primarily operates under section 37 of the Greenhouse and Energy Minimum Standards Act 2012 (Act). This legislation empowers the Greenhouse and Energy Minimum Standards (GEMS) Regulator to exempt certain models of energy products from specific GEMS requirements. In this instance, section 4 of the instrument exempts a particular external power supply model, identified in the accompanying Schedule, from the labelling requirements under section 7 and other GEMS requirements outlined in section 8 of the Greenhouse and Energy Minimum Standards (External Power Supplies) Determination 2012 (Determination). This exemption applies to all specified supplies or uses of the product as detailed in the Schedule. The obligations imposed by the Act on the entities it governs are significant, particularly in ensuring compliance with energy efficiency standards. The exemption provided by the instrument comes with conditions that must be strictly adhered to. According to section 5 of the instrument, the exempted external power supply model must be marked in accordance with the performance requirements for the level VI efficiency mark as specified in the International Efficiency Marking Protocol. This ensures that the product maintains a certain standard of energy efficiency despite the exemption from other labelling and compliance requirements. The Schedule to the instrument details the specific model, the requirements from which it is exempt, the applicable supply and use, and the conditions of the exemption. Failure to comply with the conditions of the exemption can lead to serious consequences. The Act provides for both civil and criminal penalties for non-compliance. While the specific penalties are not detailed in the explanatory statement, it is known that breaches of the Act can result in substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any previous history of non-compliance by the entity involved. The overarching aim of these penalties is to enforce adherence to the energy efficiency standards and to maintain the integrity of the GEMS framework.