Federal Register of Legislation - Australian Government

Primary content

Exemptions as made
This instrument exempts the air conditioner models specified in the Schedule attached to the instrument from the requirements of section 6 of the Greenhouse and Energy Minimum Standards (Air Conditioners and Heat Pumps) Determination 2013.
Administered by: Climate Change, Energy, the Environment and Water
Exempt from sunsetting by the Legislation Act 2003 s 54(1)
Registered 08 Oct 2014
Tabling HistoryDate
Tabled HR20-Oct-2014
Tabled Senate28-Oct-2014



Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 3) 2014

Greenhouse and Energy Minimum Standards Act 2012



I, David Walker, being the person occupying the position of GEMS Regulator, make this instrument under subsection 37(1) and (2) of the Greenhouse and Energy Minimum Standards Act 2012.



Dated 1 October 2014




David Walker

GEMS Regulator



1              Name of Determination

This instrument is the Greenhouse and Energy Minimum Standards (Exemption) Instrument (No.3) 2014.

2              Commencement

This instrument comes into force on the day after it is registered.


Note 1:             The GEMS Regulator may repeal, rescind, revoke, amend or vary this instrument – see s 33(3) of the Acts Interpretation Act 1901.

Note 2:             For sunsetting of legislative instruments see Part 6 of the Legislative Instrument Act 2003.

3              Definitions


In this instrument:


Act means the Greenhouse and energy Minimum Standards Act 2012.


exempt models: see section 4.


Note:                Several other words and expressions used in this instrument have the meaning given by section 5 of the Act. For example:

·         GEMS

·         GEMS determination

·         GEMS labelling requirements

·         GEMS level requirements

·         model

·         model identifier

·         product classes

·         supply


4              Exemption of model of a GEMS product from requirements of GEMS determination

The models specified at clause 1 of the Schedule (the exempt models) are exempt from the requirements of the GEMS determination as described at clause 2 of the Schedule.

5              Conditions of exemption

The conditions (if any) at clause 3 of the Schedule are specified for the purposes of subsection 37(2) of the Act.


Note:               Subsection 37(2) of the Act provides that the exemption may specify conditions to which the exemption is subject. Subsection 37(3) provides that a person must comply with a condition of an exemption to the extent that it applies to the person.


Schedule           Exemption and conditions of exemption

Part 1      Exemption

1              Specification of exempt models


Product Class


Model No.

Registration No.

Product class 11

Airskill Pty Ltd



Product class 11

Airskill Pty Ltd




2              Requirements from which model is exempt

Requirements of the Greenhouse and Energy Minimum Standards (Air Conditioners and Heat Pumps) Determination 2013 as follows:


GEMS level requirements (section 6)

The model is exempted from the requirements mentioned in section 6 of the Determination in relation to the specified energy use requirements for products covered by this Determination.


3              Specification of conditions of exemption

The exempt models are supplied only for use in the apartment complex located at 60-68 Terrace Road, East Perth WA 6004.