Federal Register of Legislation - Australian Government

Primary content

Standards/Other as made
This instrument exempts the models of external power supplies specified in the Schedule attached to the instrument from the requirements of sections 7 and 8 of the Greenhouse and Energy Minimum Standards (External Power Supplies) Determination 2012.
Administered by: Climate Change, Energy, the Environment and Water
Exempt from sunsetting by the Legislation Act 2003 s 54(1)
Registered 12 Sep 2014
Tabling HistoryDate
Tabled HR22-Sep-2014
Tabled Senate22-Sep-2014

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 (Exemption) Instrument (No.1) 2014

Power and Purpose

1.      Section 70 of the Greenhouse and Energy Minimum Standards Act 2012 (Act) provides for the designation of the position of the GEMS Regulator.

2.      The functions of the GEMS Regulator are set out in section 71 of the Act, including the responsibility for monitoring and enforcing compliance with the Act.

3.      Section 37 of the Act sets out the power of the GEMS Regulator to exempt models of GEMS products from the requirements of GEMS determinations.  GEMS determinations are defined in section 11 of the Act.

4.      Section 37 of the Act enables the GEMS Regulator, by legislative instrument, to exempt models of GEMS products from one or more requirements of a GEMS determination in relation to all or specified supplies or uses of products of that model and enables the GEMS Regulator to specify conditions to which the exemption is subject. 

5.      Section 37 also provides that regulations may be made in order to provide a framework for administrative processes around the submission and assessment of applications for exemption.

Consultation

6.      The exemption set out in the instrument was considered on application from the particular suppliers named in the instrument. No further consultation was considered necessary.

Contents of the Instrument

7.      Section 1 sets out the name of the instrument.

8.      Section 2 provides for the commencement of the instrument.

9.      Section 3 sets out the definition of terms used in the instrument. The term ‘exempt models’ is defined in Section 4.

10.  Section 4 exempts the external power supply models specified in the Schedule (the exempt models) to the instrument from the labelling requirements of section 7 and the other GEMS requirements of section 8 of the Greenhouse and Energy Minimum Standards (External Power Supplies) Determination 2012 (Determination), subject to the conditions specified in section 5 of the instrument.

11.  Section 5 specifies the conditions to which the exemption is subject. The exempt models must be marked in accordance with the performance requirements for the level VI efficiency mark specified in the International Efficiency Marking Protocol.

12.  The Schedule to the instrument sets out the following terms:

·         specification of the exempt models;

·         the requirements of the Determination from which the model is exempt;

·          the supply and use to which the exemption applies; and

·         conditions of the exemption.

Making the Instrument

13.  The instrument has been made by the GEMS Regulator in accordance with section 37 of the GEMS Act.


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 (Exemption) Instrument (No.1) 2014

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 (Exemption) Instrument (No.1) 2014 specifies models of GEMS products that the GEMS Regulator has exempted from the requirements of sections 7 and 8 of the Greenhouse and Energy Minimum Standards (External Power Supplies) Determination 2012, and the conditions to which the exemption is subject.
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.