Federal Register of Legislation - Australian Government

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Standards/Other as made
This standard specifies the requirements that must be satisfied for persons to be authorised to test GEMS products under section 125 of the Greenhouse and Energy Minimum Standards Act 2012.
Administered by: Environment and Energy
Registered 17 Jul 2013
Tabling HistoryDate
Tabled HR12-Nov-2013
Tabled Senate12-Nov-2013

EXPLANATORY STATEMENT

Issued by the Authority of the Greenhouse and Energy Minimum Standards Regulator


Greenhouse and Energy Minimum Standards Act 2012

Greenhouse and Energy Minimum Standards (Authorisation Requirements for Testing GEMS Products) Instrument 2013

The Greenhouse and Energy Minimum Standards Act 2012 (Act) establishes the position of the GEMS Regulator, who is responsible for monitoring and enforcing compliance with the Act.

Division 8 of the Act deals with the powers of the GEMS Regulator to appoint persons to test, examine or sample GEMS products to determine whether the products, or models of the products, comply with the Act including any relevant GEMS determination.

Testing enables the GEMS Regulator to verify the performance of individual product models in laboratory conditions to determine if they meet GEMS requirements and the claims of manufacturers and suppliers.

Section 125 of the Act permits the GEMS Regulator to authorise persons to test GEMS products in a product class for the purpose of determining whether a GEMS product or model of GEMS products in that product class complies with a provision of the Act including any relevant GEMS determination.

Consultation

The Australian Government conducted extensive consultations with Australian businesses throughout the development of the Act, as well as consulting with the governments of New Zealand and Australian states and territories. The Act established a national approach to setting greenhouse and energy minimum standards, replacing separate state and territory legislation.

Further consultation on section 125 was considered unnecessary as this arrangement reflects long standing practice under previous state and territory legislation. No issues were raised in relation to section 125 during the consultation process.

Authority: Section 125 of the
Greenhouse and Energy Minimum Standards Act 2012

 

Detailed description of provisions in the Instrument

Part 1 Preliminary

1  Name of instrument

Section 1 establishes the title of the instrument as the Greenhouse and Energy Minimum Standards (Authorisation Requirements for Testing GEMS Products) Instrument 2013.

2  Commencement

Section 2 sets out the commencement arrangements for the instrument, which commences on the day after it is registered on the Federal Register of Legislative Instruments.

3  Object

Section 3 sets out the object of the instrument, which is to specify requirements that must be satisfied for persons to be authorised to test GEMS products under section 125 of the Greenhouse and Energy Minimum Standards Act 2012.

4  Interpretation

Section 4 clarifies that any terms in the instrument that are defined in the Greenhouse and Energy Minimum Standards Act 2012 have the same meaning, unless otherwise specified.

Part 2 REQUIREMENTS

5  Requirements

Section 5 sets out the specific accreditation requirements that must be satisfied for persons to be authorised to test products under section 125 of the Greenhouse and Energy Minimum Standards Act 2012.  Accreditation must be in accordance with ISO/IEC 17025:2005 for the specific test or tests set out in the applicable GEMS determination. Persons appointed to test, examine or sample GEMS products must also hold accreditation by either the National Association of Testing Authorities, Australia or by an accreditation body which has mutual recognition with the National Association of Testing Authorities, Australia.

6  Testing for subparagraph 61 (2) (b) (i) of the Act

Section 6 sets out that where a registrant has agreed to arrange further testing and examination of a product of a model, the accreditation requirements set out in section 5 apply along with the requirements set out in the notice provided to the registrant requiring them to take specified action. For example, the GEMS Regulator may set out the manner in which the specified product must be tested or examined including the methods for testing and specified persons who are required to carry out the testing. This is to ensure that testing is performed by an independent third party testing facility to ensure there is no question of the independence of the results.

7  Product classes to which requirements apply

Section 7 applies to all product classes subject to regulation under the Greenhouse and Energy Minimum Standards Act 2012.

8  Definitions

Section 8 sets out the meaning of a number of terms used in the instrument. Definitions are provided for:

  • A definition of “accreditation” which means a procedure based upon peer assessment by which an authoritative body gives formal recognition that a body is competent to carry out specific tasks;
  • A definition of “mutual recognition” which means an accreditation body that is a signatory to either the Asia Pacific Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement; and
  • A definition of ISO/IEC 17025:2005 which is the international standard for the operation of testing and calibration laboratories.

Text Box: Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Greenhouse and Energy Minimum Standards (Authorisation Requirements for Testing GEMS Products) Instrument 2013

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument
The Greenhouse and Energy Minimum Standards (Authorisation Requirements for Testing GEMS Products) Instrument 2013 specifies the requirements that must be satisfied for persons to be authorised to test GEMS products under section 125 of the Greenhouse and Energy Minimum Standards Act 2012. The testing may occur if the GEMS Regulator believes, on reasonable grounds, that a model does not comply with a GEMS determination and the registrant agrees to arrange for further testing.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.