{"id":"F2021L00569","name":"Greenhouse and Energy Minimum Standards (Authorisation Requirements for Testing GEMS Products) Instrument 2021","slug":"f2021l00569","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440842,"registerId":"F2021L00569-fast-fetch-1775956326915","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Greenhouse and Energy Minimum Standards (Authorisation Requirements for Testing GEMS Products) Instrument 2021","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\ntitle: 001. GCB draft s125 instrument-with Compliance comments\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\nGreenhouse and Energy Minimum Standards (Authorisation Requirements for Testing GEMS Products) Instrument 2021\n\n \n\nI, Penelope Sirault, GEMS Regulator, make the following instrument.\n\n \n\n \n\n \n\n \n\n \n\n \n\nGEMS Regulator\n\n \n\n \n\n \n\nDated this12th day of May 2021\n\n \n\nPart 1 Preliminary\n\n \n\n1                             Name of Instrument\n\nThis instrument is the Greenhouse and Energy Minimum Standards (Authorisation Requirements for Testing GEMS Products) Instrument 2021.\n\n2                             Commencement\n\nThis instrument commences on the day after it is registered.\n\n3                             Revocation\n\nThis instrument revokes the Greenhouse and Energy Minimum Standards (Authorisation Requirements for Testing GEMS Products) Instrument 2013.\n\n4                             Authority\n\nThis instrument is made under section 125 of the Greenhouse and Energy Minimum Standards Act 2012 (the Act).\n\n \n\nPart 2 Requirements\n\n5                             Requirements for GEMS products in all product classes\n\n         (1)   This section applies in relation to a test that:\n\n(a)   is included in the requirements specified in a GEMS determination for conducting tests in relation to products in a product class; and\n\n(b)   is to be conducted on a product in the product class.\n\n         (2)   For section 125 of the Act, the requirement for a person to be authorised to conduct the test is that the person is accredited for the test by:\n\n(a)   the National Association of Testing Authorities, Australia; or\n\n(b)   another body that is a signatory to either:\n\n(i)                 the Asia Pacific Accreditation Cooperation (APAC) Mutual Recognition Arrangement; or\n\n(ii)               the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement.\n\n \n\nNote: This section has the effect that a person is authorised to test a GEMS product in all product classes if the person is accredited for the test by a specified accreditation body. A person is authorised to conduct those tests for which they are accredited, but not those tests for which they are not accredited. The tests for which a person is accredited can generally be ascertained by referring to a document produced by the relevant accreditation body, such as the ‘scope of accreditation’ document produced by the National Association of Testing Authorities, Australia.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument revokes the 2013 instrument (s3) and restates the authorisation requirement as accreditation by NATA or an APAC/ILAC signatory for specified tests (s5). The text does not itself show an expansion or contraction of which tests or product classes are covered; scope remains defined by the tests listed in GEMS determinations (s5(1))."},"complexity_factors":["Narrow, prescriptive rule: authorisation depends on accreditation for the specific test (s5(1)–(2)).","Reliance on external accreditation frameworks (NATA; APAC/ILAC signatories) creates dependence on third‑party recognition systems (s5(2)(a)–(b)).","Need to verify the tester’s documented ‘scope of accreditation’ imposes an administrative compliance burden on suppliers and regulators (Note to s5).","Instrument is a replacement for the 2013 instrument, so transitional/administrative work may be required to update approvals and records (s3).","Limited regulator discretion: the instrument prescribes objective accreditation criteria rather than case‑by‑case approvals (s4, s5).","Applicability is tied to tests that are specified in GEMS determinations, so scope depends on those external determinations (s5(1))."],"plain_english_summary":"This instrument requires that anyone conducting tests specified in a GEMS determination on GEMS products must be accredited for those tests by NATA or by an accreditation body that is a signatory to the APAC or ILAC mutual recognition arrangements. It affects testing laboratories, manufacturers, importers and others who rely on compliance testing by restricting authorised testers to those with the specified accreditation and creates a practical compliance task of verifying each tester’s accredited scope."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains the same narrow, technical scope as its 2013 predecessor. It deals solely with accreditation requirements for testing GEMS products — a specific administrative mechanism within the broader GEMS framework. There is no evidence of scope creep; it simply updates the 2013 instrument with current accreditation body references."},"complexity_factors":["Very short instrument (only 5 substantive sections)","Only 2 defined concepts requiring explanation (GEMS products, product classes — both defined in the parent Act, not this instrument)","Single straightforward condition in section 5: accreditation by NATA or an APAC/ILAC signatory body","No nested exceptions or complex conditional logic","No cross-references to other legislation beyond the parent Act (section 125) and standard international agreements","Extensive helpful note in section 5 that explains the practical effect in plain language"],"plain_english_summary":"This instrument requires that testing of GEMS products be done by laboratories accredited to NATA or to an ILAC/APAC-recognised body, replacing the 2013 version and made under the GEMS Act. It affects labs, manufacturers and the GEMS Regulator, ensuring consistent, trusted energy-efficiency testing while allowing recognised international labs to participate."}},"importantCases":[],"_links":{"self":"/api/acts/f2021l00569","history":"/api/acts/f2021l00569/history","analysis":"/api/acts/f2021l00569/analysis","conflicts":"/api/acts/f2021l00569/conflicts","importantCases":"/api/acts/f2021l00569/important-cases","documents":"/api/acts/f2021l00569/documents"}}