{"id":"F2022L00182","name":"Greenhouse and Energy Minimum Standards (Air Conditioners above 65kW) Determination) 2022","slug":"greenhouse-and-energy-minimum-standards-air-conditioners-above-65kw-determination-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441231,"registerId":"F2022L00182-fast-fetch-1775956599702","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Greenhouse and Energy Minimum Standards (Air Conditioners above 65kW) Determination) 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: FAS package Air conditioners _ 65kW determination SCO\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nGreenhouse and Energy Minimum Standards (Air Conditioners above 65kW) Determination 2022\n\nI, Tim Wilson, Assistant Minister to the Minister for Industry, Energy and Emissions Reduction, make the following determination.\n\nDated: 17 February 2022\n\n \n\n \n\n \n\nTim Wilson\n\nAssistant Minister to the Minister for Industry, Energy and Emissions Reduction\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name\n\n2  Commencement, revocation and replacement\n\n3  Authority\n\n4  Interpretation\n\n5  Applicable definitions and applicable versions of standards and documents incorporated into standards\n\n6  Families of models\n\n7  Product category 3\n\nPart 2—Products covered by Determination 4\n\n8  Purpose of Part 4\n\n9  Classes of products that are covered by this Determination 4\n\n10  Classes of products that are not covered by this Determination 4\n\nPart 3—GEMS level requirements 6\n\n11  Purpose of Part 6\n\n12  GEMS level requirements (MEPS levels) 6\n\n13  Testing requirements 6\n\nPart 4—GEMS labelling requirements 7\n\n14  Purpose of Part 7\n\n15  Advertising material—references to SEER ratings 7\n\n16  Impact of replacement determination 7\n\n17  Testing requirements 7\n\nPart 5—Other requirements 8\n\n18  Purpose of Part 8\n\n19  Product performance—average true power factor 8\n\n20  Testing requirements 8\n\nSchedule 1—Product classes and minimum energy performance standards              9\n\nSchedule 2—Modification of testing requirement provisions 10\n\n1  Modification of testing requirement provisions of the Air Conditioners up to 65kW Determination              10\n\n \n\n \n\nCOPYRIGHT\n\n \n\n© 2022 Commonwealth of Australia\n\n \n\nThis Determination includes material from Australian Standards and/or Australian/New Zealand Standards, which are copyright Standards Australia Ltd. Apart from uses permitted under the Copyright Act 1968, Standards Australia Ltd material may not be reproduced without permission or licence.\n\n \n\nWith the exception of the Commonwealth Coat of Arms and any material the subject of third party intellectual property rights, this Determination is licensed under the Creative Commons Attribution-Non-Commercial-ShareAlike 4.0 International Licence (CC BY‑NC‑SA). To view a copy of this licence, visit https://creativecommons.org/licenses/by-nc-sa/4.0/.\n\n \n\nYou are free to copy and communicate this Determination (apart from the excluded material indicated above) so long as you do so for non‑commercial purposes, attribute the Commonwealth of Australia, and license any derivative works under the same licence as the original (including any modifications), in accordance with CC BY‑NC‑SA. For clarity, you are permitted to use this Determination in the above manner to comply with your obligations under it.\n\n \n\nComplete Australian/New Zealand Standards are available for purchase from Standards Australia Ltd. Requests and inquiries concerning other reproduction and rights pertaining to standards should be directed to Standards Australia Ltd via the contact details set out at https://www.standards.org.au/contact.\n\nPart 1—Preliminary\n\n1  Name\n\n  This instrument is the Greenhouse and Energy Minimum Standards (Air Conditioners above 65kW) Determination 2022.\n\n2  Commencement\n\n \n\n  This determination commences and comes into force on 1 October 2022.\n\n3  Authority\n\n  This Determination is made under section 23 of the Greenhouse and Energy Minimum Standards Act 2012.\n\n4  Interpretation\n\n (1) Subject to this section, an expression used in this Determination has the same meaning as in the Air Conditioners up to 65kW Determination.\n\n (2) In this Determination:\n\nAir Conditioners up to 65kW Determination means the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019.\n\nproduct class—see section 9.\n\n (3) For the purposes of this section, a reference to “this Determination” in the following provisions of the Air Conditioners up to 65kW Determination:\n\n (a) the definition of “tested” in section 10;\n\n (b) the definition of “energy label” in section 26;\n\n  is taken to be a reference to this Determination.\n\nNote:  Several other words and expressions used in this Determination have the meaning given by section 5 of the Act. For example:\n\n ●  category A product;\n\n ●  covered by;\n\n ●  family of models;\n\n ●  GEMS;\n\n ●  GEMS labelling requirements;\n\n ●  GEMS level requirements;\n\n ●  model;\n\n ●  product classes.\n\n5  Applicable definitions and applicable versions of standards and documents incorporated into standards\n\nApplicable definitions of terms or phrases\n\n (1) If there is inconsistency in the definitions of words or expressions, words or expressions will be interpreted in the following order of priority to the extent of any inconsistency:\n\n (a) the Act;\n\n (b) this Determination;\n\n (c) a standard referred to in this Determination or in the Air Conditioners up to 65kW Determination, or another standard referred to in such a standard.\n\nApplicable version of documents incorporated into standards\n\n (2) For the purposes of this Determination, the applicable version of any:\n\n (a) standard; or\n\n (b) other document that:\n\n (i) is referred to in a standard under the heading “Referenced Documents” or under an equivalent heading; and\n\n (ii) must be applied to give effect to this Determination or a standard referred to in this Determination or in the Air Conditioners up to 65kW Determination;\n\n  is the version of the standard or other document that existed at 25 March 2019.\n\nNote 1: For example, clause 5.1 of AS/NZS 3823.4.1:2014 requires that the accuracy of all test instrumentation used for tests are those defined in AS/NZS 3823.1.1:2012, AS/NZS 3823.1.2:2012 and AS/NZS 3823.1.4:2012. The applicable versions of AS/NZS 3823.1.1:2012, AS/NZS 3823.1.2:2012 and AS/NZS 3823.1.4:2012 are the versions that existed at 25 March 2019.\n\nNote 2: 25 March 2019 is the date the Air Conditioners up to 65kW Determination was made.\n\n6  Families of models\n\n (1) For section 28 of the Act, for a particular product class covered by this Determination, two or more models are in the same family of models if:\n\n (a) they are members of a family that has been declared to the GEMS Regulator; and\n\n (b) the requirements of this section are satisfied in relation to the models and the family.\n\n (2) For subsection (1), the models must:\n\n (a) be in the same product class; and\n\n (b) have the same energy performance characteristics relevant to complying with Part 3 and Part 5, including, but not limited to:\n\n (i) electrical phase; and\n\n (ii) average true power factor; and\n\n (iii) rated power inputs; and\n\n (iv) rated capacities; and\n\n (c) have the same physical characteristics that are relevant to complying with Part 3, Part 4 and Part 5; and\n\n (d) be included on a single test report which was prepared prior to the application for registration for the model being made under section 41 of the Act.\n\n (3) For subsection (1), a family must not contain more than 10 models.\n\n7  Product category\n\n  For section 29 of the Act, the products covered by this Determination are category A products.\n\nPart 2—Products covered by Determination\n\n8  Purpose of Part\n\n  For subsections 23(1) and (2) of the Act, this Part specifies:\n\n (a) one or more classes of products that are covered by this Determination; and\n\n (b) one or more classes of products that are not covered by this Determination.\n\n9  Classes of products that are covered by this Determination\n\n  A numbered product class set out in Schedule 1 is a class of products covered by this Determination.\n\nNote 1: The product classes are numbered 24 to 27. The numbering of the product classes follows on consecutively from the numbering of the product classes in the Air Conditioners up to 65kW Determination.\n\nNote 2: The products covered by this Determination are air‑to‑air single-phase and three-phase:\n\n air conditioners; and\n\n multi‑split outdoor units (whether or not supplied or offered for supply as part of a multi‑split system); and\n\n  single‑split outdoor units\n\n that have a rated standard cooling full capacity, or for heating only products, a rated standard heating full capacity, of more than 65kW.\n\n Air conditioners that have a rated standard cooling full capacity, or for heating only products, a rated standard heating full capacity, of 65kW or less are covered by the Air Conditioners up to 65kW Determination.\n\nNote 3: The products covered by this Determination are ones that are designed primarily for human comfort. However, this Determination covers such products irrespective of the context in which they are used. For example, this Determination applies to such products designed primarily for human comfort even if they are used in a close control context.\n\n10  Classes of products that are not covered by this Determination\n\n  This Determination does not cover the following:\n\n (a) close control air conditioners;\n\n (b) liquid-chilling packages;\n\n (c) evaporative coolers or any other cooling systems that are not of the vapour compression type;\n\n (d) water‑to‑air air conditioners;\n\n (e) dehumidifiers;\n\n (f) air conditioners powered by mains electricity specifically designed and sold only for installation in end-use mobile applications, such as caravans, mobile homes, camper vans, boats and rail cars;\n\n (g) air conditioners powered by mains electricity specifically designed and sold only for installation in specialised high temperature industrial applications, such as crane cabins used over blast furnaces;\n\n (h) air conditioners that do not condition air sourced from within the conditioned space, but instead condition air sourced from outside the conditioned space, and deliver that air to the conditioned space.\n\nNote 1: Regarding paragraphs (a) and (b), some products excluded from the application of this Determination are subject to the application of other GEMS determinations.\n\nNote 2: Regarding paragraph (c), air conditioners of the vapour compression type that have an enhancement or option to assist the operating energy efficiency (for example, solar-boosted air conditioners) are not excluded from this Determination.\n\nNote 3: Regarding paragraph (f), units for end-use mobile applications listed at paragraph (f) are air conditioners that have been designed to cater for the expected vibrations, repetitive bumping and shock and other rough use conditions of the intended mobile application, and have design specifications and test evidence of complying with Australian/New Zealand Standard or IEC Standard requirements under such conditions.\n\nNote 4: Regarding paragraph (f), units installed in portable buildings are included in the application of this Determination.\n\n \n\nPart 3—GEMS level requirements\n\n11  Purpose of Part\n\n  For paragraph 24(1)(a) of the Act, this Part specifies GEMS level requirements in accordance with section 25 of the Act for the product classes covered by this Determination.\n\n12  GEMS level requirements (MEPS levels)\n\nNote: For a reverse cycle air conditioner, the product must meet the requirements of this section for both heating and cooling.\n\n  A product covered by this Determination must comply with whichever of the following provisions of the Air Conditioners up to 65kW Determination are applicable:\n\n (a) for a product that is not of variable capacity:\n\n (i) if the product is capable of cooling—subsection 22(2); and\n\n (ii) if the product is capable of heating—subsection 22(3);\n\n (b) for a product that is of variable capacity:\n\n (i) if the product is capable of cooling—subsection 23(2); and\n\n (ii) if the product is capable of heating—subsection 23(3);\n\n  as if the references to the “relevant MEPS level” in those subsections were to the amounts specified for the product class in Schedule 1 to this Determination.\n\n13  Testing requirements\n\n  For paragraph 25(b) of the Act, testing requirements for the purposes of this Part are set out in Schedule 2 to the Air Conditioners up to 65kW Determination, subject to the modifications set out in Schedule 2 to this Determination.\n\n \n\n \n\n \n\n \n\n \n\nPart 4—GEMS labelling requirements\n\n14  Purpose of Part\n\n  For paragraph 24(1)(b) of the Act, this Part specifies GEMS labelling requirements in accordance with section 26 of the Act for the product classes covered by this Determination.\n\nNote: This Part:\n\n● applies only in relation to retail supplies and offers of retail supply; and\n\n● does not apply in relation to wholesale supplies or offers of wholesale supply.\n\n15  Advertising material—references to SEER ratings\n\n  Section 34 of the Air Conditioners up to 65kW Determination applies in relation to a product covered by this Determination.\n\n16  Impact of replacement determination\n\n  A GEMS labelling requirement of this Determination (the revoked requirement) is taken to be complied with if:\n\n (a) this Determination is revoked in accordance with paragraph 35(1)(a) of the Act; and\n\n (b) another GEMS determination (the replacement determination) is made in accordance with paragraph 35(1)(b) of the Act; and\n\n (c) a transitional GEMS labelling requirement (the replacement requirement) of the replacement determination  provides that, if the replacement requirement is complied with, the revoked requirement is taken to be complied with.\n\n17  Testing requirements\n\n  For paragraph 26(1)(c) of the Act, testing requirements for the purposes of this Part are set out in Schedule 2 to the Air Conditioners up to 65kW Determination, subject to the modifications set out in Schedule 2 to this Determination.\n\n \n\nPart 5—Other requirements\n\n18  Purpose of Part\n\n  For subsection 24(2) of the Act, this Part specifies other requirements in accordance with section 27 of the Act for product classes covered by this Determination.\n\n19  Product performance—average true power factor\n\n  Section 40 of the Air Conditioners up to 65kW Determination applies in relation to a product covered by this Determination.\n\n20  Testing requirements\n\n  For paragraph 27(1)(e) of the Act, testing requirements for the purposes of this Part are set out in Schedule 2 to the Air Conditioners up to 65kW Determination, subject to the modifications set out in Schedule 2 to this Determination.\n\n \n\n \n\n \n\n\n\n\nSchedule 1—Product classes and minimum energy performance standards\n\n \n\nNote: See section 9 and section 12.\n\n \n\n (1) For section 9 of this Determination, a numbered product class identified in the following table consists of products that:\n\n (a) are the kind of product indicated; and\n\n (b) have the characteristics indicated; and\n\n (c) have a value of R in the indicated range; and\n\n (d) are not excluded by section 10 of this Determination.\n\n (2) For this Schedule, R is:\n\n (a) the rated standard cooling full capacity; or\n\n (b) for heating‑only products—the rated standard heating full capacity.\n\n (3) For the purposes of determining the relevant product class, the amount R must be rounded to the nearest 0.1kW.\n\nNote 1: In the case of reverse cycle products, the relevant Minimum Energy Performance Standards (MEPS) for heating and cooling are both based on the product’s rated standard cooling full capacity (even if the product’s rated standard heating full capacity is different from its standard cooling full capacity).\n\nNote 2: The numbering of the product classes follows on consecutively from the numbering of the product classes in the Air Conditioners up to 65kW Determination.\n\n \n\n- Kind of product Product class Characteristics Value of R MEPS value\n- Air‑to‑air unitary air conditioners 24 Ducted or non‑ducted 65kW < R 2.90\n- Air‑to‑air single-split systems 25 Ducted or non‑ducted 65kW < R 2.90\n- Air‑to‑air single‑split outdoor units(not supplied or offered for supply as part of a single‑split system) 26 Whether supplied or offered for supply to create a ducted or a non-ducted system 65kW < R 2.90\n- Air‑to‑air multi-split outdoor units(whether or not supplied or offered for supply as part of a multi-split system) 27 65kW < R 2.90\n\nSchedule 2—Modification of testing requirement provisions\n\n \n\nNote: See sections 13, 17 and 20.\n\n \n\n1  Modification of testing requirement provisions of the Air Conditioners up to 65kW Determination\n\n  Schedule 2 to the Air Conditioners up to 65kW Determination applies in relation to this Determination as if:\n\n (a) that Schedule referred to relevant Parts of this Determination rather to Parts of the Air Conditioners up to 65kW Determination; and\n\n (b) subsection 4(3) provided instead that any of the following test methods may be used:\n\n (i) an indoor enthalpy test method;\n\n (ii) a calorimeter room test method;\n\n (iii) for a H2 or H3 heating test—a shortened calorimeter room test spanning 3 complete defrost cycles; and\n\n (c) section 9 were omitted; and\n\n (d) the note following the heading to section 10 referred to product class 26 instead of product classes 18 to 21; and\n\n (e) the note following subsection 10(3) were omitted; and\n\n (f) paragraph 15(2)(a) were omitted.\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":4,"scope_assessment":{"changed":true,"description":"This Determination expands regulatory coverage to air‑to‑air air conditioners with rated capacities above 65 kW (section 9; Schedule 1), applying MEPS, testing and labelling rules aligned to the earlier up‑to‑65 kW Determination (section 12). It preserves specific exclusions (section 10) and adds family-of-model limits and test-report requirements (section 6(2)-(3))."},"complexity_factors":["Extensive cross-references to the Air Conditioners up to 65kW Determination rather than standalone rules (sections 4(1), 12, 13)","Incorporation of external standards with a fixed applicable version date (25 March 2019) which constrains test methods and instrument specs (section 5(2))","Product-class thresholds and numerical MEPS values set in Schedule 1 requiring capacity rounding rules to 0.1 kW (Schedule 1(2)-(3))","Family-of-models rules including same-energy characteristics, single test-report requirement and a maximum of 10 models per family (section 6)","Testing-method modifications and alternative test options listed in Schedule 2, creating multiple acceptable test procedures (Schedule 2(b))","Labelling and advertising rules that apply only at retail and rely on provisions from the up-to-65kW instrument (parts 4 and sections 15, 16, 17)","Explicit exclusions of several product types (close control, liquid-chilling packages, evaporative coolers, etc.) which require careful classification (section 10)","Delegation of determination and transitional compliance mechanics (impact of replacement determination) adding regulatory discretion and transitional rules (section 16)"],"plain_english_summary":"This Determination sets minimum energy performance (MEPS), testing and GEMS labelling rules for air‑to‑air air conditioners with rated capacity above 65 kW, creating four product classes (Schedule 1) and adopting MEPS, test and label rules from the existing up‑to‑65 kW instrument with specified modifications (sections 9, 12, 13). \n\nIt affects manufacturers, importers and retailers: they must test, register and label models and declare families to the GEMS Regulator, and will bear testing and compliance costs (sections 6, 13)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation maintains a focused scope on large air conditioning equipment above 65kW. It deliberately mirrors and extends the existing framework for smaller units without expanding into adjacent product categories. The exclusions (close control units, liquid-chilling packages, evaporative coolers, etc.) demonstrate careful boundary-setting to avoid overlap with other regulatory regimes. The Determination does not appear to have grown beyond its original purpose of establishing GEMS requirements for this specific product segment."},"complexity_factors":["Heavy reliance on external legislation: The Determination repeatedly incorporates provisions from the 'Air Conditioners up to 65kW Determination 2019' by reference, requiring readers to cross-reference between two instruments to understand full requirements","Incorporation of technical standards: References to multiple Australian/New Zealand Standards (AS/NZS 3823 series) with specific version-locking to 25 March 2019, creating version control complexity","Conditional logic for product classification: Four different product classes (24-27) with capacity-based thresholds requiring rounding rules and conditional application depending on whether units are heating-only or reverse-cycle","Nested modification provisions: Schedule 2 contains five specific modifications to the testing provisions of the other Determination, requiring readers to mentally apply 'as if' substitutions to external text","Dual applicability for reverse-cycle units: Requirements apply separately to both heating and cooling functions, effectively doubling compliance obligations for some products","Family of models rules: Complex grouping rules limiting families to 10 models with shared performance characteristics, electrical phase, and physical characteristics","Specific exclusions with nuanced exceptions: Eight categories of excluded products, some with detailed definitional notes (e.g., mobile applications vs. portable buildings distinction in Note 4 to section 10)"],"plain_english_summary":"This law imposes minimum energy performance standards for large commercial air conditioners (over 65 kW), requiring tested efficiency, a minimum power factor, and limits on advertising claims. It targets air-to-air vapour-compression unitary, single- and multi-split systems and affects manufacturers, importers, suppliers and commercial building owners.\n\nBy keeping inefficient large systems out of the market, it aims to cut electricity use, reduce emissions and lower operating costs for businesses."}},"importantCases":[],"_links":{"self":"/api/acts/greenhouse-and-energy-minimum-standards-air-conditioners-above-65kw-determination-2022","history":"/api/acts/greenhouse-and-energy-minimum-standards-air-conditioners-above-65kw-determination-2022/history","analysis":"/api/acts/greenhouse-and-energy-minimum-standards-air-conditioners-above-65kw-determination-2022/analysis","conflicts":"/api/acts/greenhouse-and-energy-minimum-standards-air-conditioners-above-65kw-determination-2022/conflicts","importantCases":"/api/acts/greenhouse-and-energy-minimum-standards-air-conditioners-above-65kw-determination-2022/important-cases","documents":"/api/acts/greenhouse-and-energy-minimum-standards-air-conditioners-above-65kw-determination-2022/documents"}}