{"id":"energy-products-safety-and-efficiency-regulations-2012","name":"Energy Products (Safety and Efficiency) Regulations 2012","slug":"energy-products-safety-and-efficiency-regulations-2012","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235425,"registerId":"sa-energy-products-safety-and-efficiency-regulations-2012-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Energy Products (Safety and Efficiency) Regulations 2012","content":"South Australia\nEnergy Products (Safety and Efficiency) Regulations 2012\nunder the Energy Products (Safety and Efficiency) Act 2000\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tApplications for certificates\n5\tLabelling under electrical product safety labelling certificate\n6\tLabelling under efficiency labelling certificate\n7\tDuration and renewal of certificates\n8\tTransfer of certificates\n9\tVariation of certificates\n10\tCancellation of certificates\n11\tRegister of certificates\n12\tNotification of change of name or address or of change of agent\n13\tDisposal of samples\n14\tGeneral requirement for applications\n15\tFees\nSchedule 1—Revocation and transitional provisions\nPart 1—Revocation of Electrical Products Regulations 2001\n1\tRevocation\nPart 2—Transitional provisions\n2\tCertificates\n3\tRegister of certificates\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Energy Products (Safety and Efficiency) Regulations 2012.\n2—Commencement\nThese regulations will come into operation on the day on which the Electrical Products (Energy Products) Amendment Act 2011 comes into operation.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Energy Products (Safety and Efficiency) Act 2000;\ncertificate means—\n\t(a)\tan electrical product safety labelling certificate; or\n\t(b)\ta performance registration certificate; or\n\t(c)\tan efficiency labelling certificate; or\n\t(d)\tan electrical product suitability certificate;\nefficiency labelling certificate—see regulation 4(1)(c);\nelectrical product means—\n\t(a)\tan electrical appliance or a component of an electrical appliance; or\n\t(b)\tan appliance powered by electricity and any combination of other energy sources, or a component of such an appliance; or\n\t(c)\ta device used for or in connection with the conveyance of electricity or a component of such a device (including a meter for measuring consumption); or\n\t(d)\tan instrument for measuring a characteristic of electricity;\nelectrical product safety labelling certificate—see regulation 4(1)(a);\nelectrical product suitability certificate—see regulation 4(1)(d);\ngas product means—\n\t(a)\ta gas appliance or a component of a gas appliance; or\n\t(b)\tan appliance powered by gas and any combination of other energy sources, or a component of such an appliance; or\n\t(c)\ta device used in connection with the conveyance of gas or a component of such a device (including a meter for measuring consumption); or\n\t(d)\tan instrument for measuring a characteristic of gas;\nperformance registration certificate—see regulation 4(1)(b);\nRCM means the Regulatory Compliance Mark within the meaning of AS/NZS 4417.\n\t(2)\tFor the purposes of these regulations—\n\t(a)\ta reference to a standard is, unless the contrary intention appears, a reference to the standard as amended from time to time and, if the standard is substituted, to the subsequent standard; and\n\t(b)\tif an interim standard is referenced, a version of a standard that has the same number as the interim standard will be taken to be a later version of the same standard; and\n\t(c)\ta reference to a standard includes a reference to any code or standard called up by or under the standard.\n\t(3)\tThe following bodies are prescribed for the purposes of the definition of standard in section 3 of the Act:\n\t(a)\tBritish Standards Institution;\n\t(b)\tInternational Electrotechnical Commission.\n4—Applications for certificates\n\t(1)\tA person may apply to the Technical Regulator for 1 or more of the following certificates in relation to a class of energy products:\n\t(a)\ta certificate of authority to label electrical products of the class so as to indicate their compliance with applicable safety and performance standards for the purposes of section 6(1) of the Act (an electrical product safety labelling certificate);\n\t(b)\ta certificate of registration of electrical products or gas products of the class so as to indicate their compliance with applicable energy performance standards for the purposes of section 6A(1) of the Act (a performance registration certificate);\n\t(c)\ta certificate of authority to label electrical products or gas products of the class so as to indicate their energy efficiency for the purposes of section 6A(2) of the Act (an efficiency labelling certificate);\n\t(d)\ta certificate certifying that electrical products of the class (being a class to which section 6(1) of the Act does not apply) are suitable for connection to an electricity transmission or distribution network (an electrical product suitability certificate).\n\t(2)\tAn application under this regulation must—\n\t(a)\tspecify an address in South Australia as an address for service (being the place of residence or business of the person or the person's agent); and\n\t(b)\tif the address for service is the address of the person's agent, the name of the agent; and\n\t(c)\tin the case of a gas product, specify the type of gas that the product is designed for; and\n\t(d)\tbe accompanied by—\n\t(i)\tin the case of an application for an electrical product safety labelling certificate—a written report in the English language from a body approved by the Technical Regulator for the purpose detailing tests, simulations and inspections conducted by the body in accordance with the applicable safety and performance standard for the purposes of determining whether that standard is complied with in respect of the electrical product and the results obtained; and\n\t(ii)\tin the case of an application for a performance registration certificate—a written report in the English language from a body approved by the Technical Regulator for the purpose detailing tests, simulations and inspections conducted by the body in accordance with the applicable energy performance standard for the purposes of determining whether that standard is complied with in respect of the product and the results obtained; and\n\t(iii)\tin the case of an application for an efficiency labelling certificate—\n\t(A)\ta written report in the English language from a body approved by the Technical Regulator for the purpose prepared in respect of the energy product in accordance with the applicable energy efficiency standard; and\n\t(B)\tat the request of the Technical Regulator, a sample of the label in relation to which authority is sought; and\n\t(iv)\tin the case of an application for an electrical product suitability certificate—a written report in the English language from a body approved by the Technical Regulator for the purpose of detailing tests, simulations and inspections conducted by the body in accordance with the requirements of the Technical Regulator for the purposes of determining whether the electrical product is suitable for connection to an electricity transmission or distribution network and the results obtained; and\n\t(e)\tbe accompanied by certification (in the form required by the Technical Regulator) that the products to which the application relates are produced on a regular line of manufacture and that the product in relation to which the report referred to in paragraph (d) was prepared accords with the products produced on that line; and\n\t(f)\tbe accompanied, at the request of the Technical Regulator, by a sample of the electrical or gas product (or a sample length of 1 metre if the electrical product is a flexible cord).\n\t(3)\tThe Technical Regulator may require the applicant to provide further information or reports, or a further sample of the product, for the purposes of determining the application.\n\t(4)\tThe Technical Regulator may exempt an applicant from a requirement of subregulation (2)(d)—\n\t(a)\tif a comparable certificate has previously been granted to another person in relation to the product; or\n\t(b)\tif the product is a modified version of a product for which a comparable certificate has previously been granted; or\n\t(c)\tif satisfied that tests, simulations and inspections have been carried out in respect of the product in accordance with an international or other standard that provides protections that are at least equivalent to those provided by the safety and performance standard, energy performance standard or other standard concerned and the product complies with the standard; or\n\t(d)\tin any other circumstances that the Technical Regulator considers appropriate.\n\t(5)\tA safety labelling, performance registration or electrical product suitability certificate will not be issued unless the Technical Regulator is satisfied that the safety and performance standard, energy performance standard or other standard concerned is complied with in respect of the product.\n\t(6)\tAn efficiency labelling certificate will not be issued unless the Technical Regulator is satisfied that the energy efficiency of the product as indicated on the label in relation to which authority is sought has been determined in accordance with the applicable energy efficiency labelling standard and that the label complies with that standard.\n5—Labelling under electrical product safety labelling certificate\nAn electrical product safety labelling certificate authorises the holder of the certificate, or a person acting on behalf of that holder, to label an electrical product of a kind specified in the certificate as follows:\n\t(a)\tthe electrical product may be labelled—\n\t(i)\twith the labelling code specified in the certificate for the purpose; or\n\t(ii)\tif the certificate so authorises—with the registered trademark specified in the certificate for the purpose; or\n\t(iii)\tsubject to paragraph (b), with the RCM;\n\t(b)\tthe RCM may only be used if the requirements of AS/NZS 4417 are complied with;\n\t(c)\tsubject to paragraph (d), the required labelling must appear in a conspicuous place on the exterior of the electrical product;\n\t(d)\tthe certificate may authorise the required labelling to appear on a container in which the electrical product is sold or elsewhere if it is not practicable for it to appear on the electrical product.\n6—Labelling under efficiency labelling certificate\nAn efficiency labelling certificate authorises the holder of the certificate, or a person acting on behalf of the holder, to affix a label of a kind specified in the certificate to an energy product of a kind specified in the certificate in accordance with the applicable energy efficiency labelling standard.\n7—Duration and renewal of certificates\n\t(1)\tSubject to these regulations, a certificate remains in force for the period specified in the certificate on its grant or renewal.\n\t(2)\tThe period specified must not exceed 5 years.\n\t(3)\tAn application for renewal is to be made at least 3 months before the expiry of the certificate.\n\t(4)\tThe Technical Regulator may, if the Technical Regulator thinks fit and on payment of the late application fee, renew a certificate despite the fact that application for renewal of the certificate was made after the end of the previous term of the certificate.\n\t(5)\tA certificate has effect, on grant or renewal, from the date specified in the certificate for that purpose, which may be earlier than the date of application for the grant or renewal of the certificate.\n8—Transfer of certificates\nThe holder of a certificate may apply to the Technical Regulator to transfer the certificate to another person (and, if the application is granted, the Technical Regulator will vary the certificate accordingly).\n9—Variation of certificates\nThe holder of a certificate may apply to the Technical Regulator to vary the certificate as necessary to accommodate—\n\t(a)\ta modification of the product that does not, in the opinion of the Technical Regulator, significantly affect any characteristic of the product relevant to the determination of the original application for the certificate; or\n\t(b)\ta variation in the brand, model or other designation of the product.\n10—Cancellation of certificates\n\t(1)\tThe Technical Regulator may cancel a certificate by written notice to the person to whom it was issued—\n\t(a)\tif the Technical Regulator has, under section 8 of the Act, prohibited the sale or use (or both sale and use) of products to which the certificate relates; or\n\t(b)\tif the Technical Regulator is satisfied that the terms of the certificate or these regulations have not been or are not being complied with.\n\t(2)\tThe Technical Regulator must, before cancelling a certificate, give the person to whom the certificate was issued a reasonable opportunity to show cause why the certificate should not be cancelled.\n\t(3)\tA person must, within 21 days after receiving a notice under subregulation (1), return the certificate to which the notice relates to the Technical Regulator.\nMaximum penalty: $1 000.\nExpiation fee: $150.\n\t(4)\tThe Technical Regulator may also cancel a certificate if the Technical Regulator—\n\t(a)\thas reason to believe that the address for service provided to the Technical Regulator is not the current place of residence or business of the person or the person's agent or that the person no longer resides or has an agent who resides in South Australia; and\n\t(b)\thas given the person notice that the Technical Regulator intends to cancel the certificate if a response is not received within a period (of not less than 28 days) specified in the notice; and\n\t(c)\thas not received a response within the period allowed.\n11—Register of certificates\n\t(1)\tThe Technical Regulator will keep a register of certificates.\n\t(2)\tThe register will include in relation to each certificate—\n\t(a)\tthe name and address of the holder of the certificate; and\n\t(b)\tthe address provided as an address for service; and\n\t(c)\tif the address for service is the address of the holder's agent, the name of the agent; and\n\t(d)\ta description of the product to which the certificate relates and, in the case of a gas product, the type of gas for which it is designed; and\n\t(e)\tthe number of the certificate and its date of issue; and\n\t(f)\tin the case of an electrical product safety labelling certificate—\n\t(i)\tthe labelling code specified in the certificate; and\n\t(ii)\tif the certificate authorises the use of a specified registered trademark—the registered trademark; and\n\t(iii)\tif the certificate authorises the labelling to appear on a container in which the product is sold or elsewhere—details of that authorisation; and\n\t(iv)\tif the Technical Regulator has been notified that the holder intends to label the product with the RCM—details of the notification; and\n\t(g)\tin the case of an efficiency labelling certificate—details of the label to which the certificate relates; and\n\t(h)\ta copy of the certificate.\n\t(3)\tThe register will be available for inspection by members of the public during ordinary business hours on payment of a fee fixed by the Technical Regulator.\n12—Notification of change of name or address or of change of agent\n\t(1)\tIf there is any change in the name or address, or address for service, of the holder of a certificate, the holder must, within 21 days after that change, notify the Technical Regulator in writing of the new name or address (as the case requires).\nMaximum penalty: $1 000.\nExpiation fee: $150.\n\t(2)\tIf there is any change in the name or address of, or in who is, the agent of the holder of a certificate, the holder must, within 21 days after that change, notify the Technical Regulator in writing of the new name or address (as the case requires).\nMaximum penalty: $1 000.\nExpiation fee: $150.\n13—Disposal of samples\n\t(1)\tAn applicant who provides the Technical Regulator with an energy product as a sample under these regulations must make arrangements (acceptable to the Technical Regulator) for the disposal of the product within 28 days after notice in writing to do so by the Technical Regulator.\n\t(2)\tIf an energy product is not disposed of as required by subregulation (1), the Technical Regulator may arrange for its disposal and recover the cost of doing so from the applicant.\n14—General requirement for applications\nAn application under these regulations must be made in the manner and form required by the Technical Regulator.\n15—Fees\n\t(1)\tThe Technical Regulator may fix fees payable in relation to an application under these regulations or the issue, renewal, transfer or variation of a certificate under these regulations or the provision of a replacement copy of such a certificate.\n\t(2)\tThe Technical Regulator may refuse to accept an application or to issue, renew, transfer, vary or provide a replacement copy of a certificate if the appropriate fee is not paid.\n\t(3)\tThe Technical Regulator may waive or refund the whole or part of a fee payable under these regulations.\nSchedule 1—Revocation and transitional provisions\nPart 1—Revocation of Electrical Products Regulations 2001\n1—Revocation\nThe Electrical Products Regulations 2001 are revoked.\nPart 2—Transitional provisions\n2—Certificates\n\t(1)\tA safety labelling certificate in force under the Electrical Products Regulations 2001 immediately before the commencement of these regulations will be taken to be an electrical product safety labelling certificate under these regulations.\n\t(2)\tA suitability certificate in force under the Electrical Products Regulations 2001 immediately before the commencement of these regulations will be taken to be an electrical product suitability certificate under these regulations.\n\t(3)\tA performance registration certificate in force under the Electrical Products Regulations 2001 immediately before the commencement of these regulations will be taken to be a performance registration certificate under these regulations.\n\t(4)\tAn efficiency labelling certificate in force under the Electrical Products Regulations 2001 immediately before the commencement of these regulations will be taken to be an efficiency labelling certificate under these regulations.\n\t(5)\tSubject to these regulations, the certificate remains in force for the period for which it would have remained in force under the Electrical Products Regulations 2001 (as in force immediately before the commencement of these regulations) had those regulations not been revoked.\n\t(6)\tAn application for a certificate under the Electrical Products Regulations 2001 that has not been determined before the commencement of these regulations will be taken to be an application for the corresponding certificate under these regulations and may be determined accordingly.\n3—Register of certificates\n\t(1)\tThe register of certificates kept under the Electrical Products Regulations 2001 immediately before the commencement of these regulations will continue as the register of certificates kept under these regulations.\n\t(2)\tHowever, the additional information required by these regulations to be kept in relation to each entry in the register may, but need not, be included in the register in respect of the entries that were in the register immediately before the commencement of these regulations.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2012\n35\nGazette 10.5.2012 p1712\n10.5.2012: r 2\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose under the Energy Products (Safety and Efficiency) Act 2000. The 2012 version represents a consolidation and update of the previous Electrical Products Regulations 2001, expanding slightly to cover gas products alongside electrical products, but this aligns with the parent Act's scope. The transitional provisions ensure continuity without scope creep."},"complexity_factors":["Multiple certificate types (4) with overlapping but distinct requirements","Extensive cross-referencing to external standards (AS/NZS 4417, various safety and performance standards) that are dynamically incorporated ('as amended from time to time')","Nested conditions in regulation 4(2) with multiple sub-paragraphs (i)-(iv) and further sub-sub-paragraphs (A)-(B)","Exception provisions in regulation 4(4) with four separate exemption grounds including open-ended discretionary power ('any other circumstances')","Transitional provisions converting old certificates to new system with conditional application of new requirements","Multiple penalty provisions with associated expiation fees scattered through the text"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set up a system for approving and labelling electrical and gas products in South Australia. They require manufacturers and suppliers to get official certificates before they can sell certain energy products, and they specify how those products must be labelled to show they meet safety and efficiency standards.\n\n**Who it affects:**\n\n- **Manufacturers and importers** of electrical appliances, gas appliances, and related equipment (like meters and power cords)\n- **The Technical Regulator** — the government official who issues certificates and enforces the rules\n- **Consumers** — who benefit from knowing products meet safety standards and can compare energy efficiency\n\n**The four types of certificates:**\n\n1. **Electrical product safety labelling certificate** — allows a product to display safety compliance marks (including the RCM — the Regulatory Compliance Mark)\n2. **Performance registration certificate** — registers that a product meets energy performance standards\n3. **Efficiency labelling certificate** — allows products to display energy efficiency ratings (like the star ratings on fridges)\n4. **Electrical product suitability certificate** — for products connecting to the electricity grid that don't need full safety certification\n\n**Key requirements:**\n\n- Applications must include test reports from approved testing bodies\n- Certificates last up to 5 years and must be renewed\n- Products must display labels in conspicuous places\n- The Technical Regulator keeps a public register of all certificates\n- There are penalties (up to $1,000) for failing to notify changes or return cancelled certificates\n\n**Why it matters:**\n\nThese regulations protect consumers from unsafe electrical and gas products, help people choose energy-efficient appliances, and ensure products connecting to South Australia's electricity network won't cause damage or danger. They also smooth the transition from older regulations by automatically converting existing certificates."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible — the full text of the regulations was not accessible. No comparison between original intent and current provisions can be made."},"complexity_factors":["No legislative text was available for analysis — the source URL returned a 404 error","Complexity cannot be meaningfully assessed without the actual content of the regulations","Score of 1 reflects absence of data, not simplicity of the underlying law"],"plain_english_summary":"The Energy Products (Safety and Efficiency) Regulations 2012 (SA) are subordinate rules governing the safety and energy-efficiency of energy‑using products in South Australia. They aim to ensure appliances and related goods do not pose hazards and meet efficiency expectations.\n\nThey primarily affect manufacturers, importers, retailers and consumers of energy products. The full text was unavailable (404); consult the SA legislation website or OPCWeb@sa.gov.au for the authoritative regulations."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations revoke the Electrical Products Regulations 2001 but carry forward existing certificates and the register as corresponding entries (Schedule 1, Part 2). They codify administrative processes for application, testing, labelling, fees, registers and enforcement without removing the predecessor scheme’s core coverage; transitional provisions preserve in‑force certificates and pending applications."},"complexity_factors":["Multiple certificate types with distinct documentary and testing requirements (electrical product safety labelling, performance registration, efficiency labelling, suitability) (reg 4)","Mandatory technical reports and approved testing bodies, with possible exemptions and further information requests creating conditional complexity (reg 4(2)(d), 4(3)–(4))","Regulator discretion across grant, exemption, renewal, variation, transfer and cancellation decisions (regs 4, 7–10)","Labelling rules tied to an external standard (RCM/AS/NZS 4417) and placement rules that allow alternatives where impracticable (reg 5)","Administrative requirements and timeframes for renewal, notification of changes, sample disposal and return of cancelled certificates (regs 7, 11–13)","Fee regime with power to fix, refuse services for non‑payment and to waive or refund, creating an administrative cost schedule (reg 15)","Penalties and expiation fees for non‑compliance with notification and certificate return obligations (regs 10(3), 12)","Transitional continuity from prior regulations while maintaining option to add additional register details (Schedule 1, Part 2)"],"plain_english_summary":"These regulations set out how manufacturers, importers or their agents apply for, use, transfer, vary, renew or lose certificates that allow labelling of electrical and gas products for safety, energy performance and efficiency, and for suitability to connect to electricity networks. Applicants must supply approved test reports, samples and pay fees; the Technical Regulator decides on grants, exemptions, variations and cancellations and keeps a public register (regs 4, 7–11, 15)."}},"importantCases":[],"_links":{"self":"/api/acts/energy-products-safety-and-efficiency-regulations-2012","history":"/api/acts/energy-products-safety-and-efficiency-regulations-2012/history","analysis":"/api/acts/energy-products-safety-and-efficiency-regulations-2012/analysis","conflicts":"/api/acts/energy-products-safety-and-efficiency-regulations-2012/conflicts","importantCases":"/api/acts/energy-products-safety-and-efficiency-regulations-2012/important-cases","documents":"/api/acts/energy-products-safety-and-efficiency-regulations-2012/documents"}}