{"id":"F2016L00533","name":"Greenhouse and Energy Minimum Standards (Exemption) Instrument 2016","slug":"greenhouse-and-energy-minimum-standards-exemption-instrument-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":129089,"registerId":"commonwealth-F2016L00533-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Greenhouse and Energy Minimum Standards (Exemption) Instrument 2016","content":"![](image.001.png)\n\nGreenhouse and Energy Minimum Standards (Exemption) Instrument 2016\n\nGreenhouse and Energy Minimum Standards Act 2012\n\nI, Richard Miles, being the person occupying the position of GEMS Regulator, make this instrument under subsections 37(1) and (2) of the Greenhouse and Energy Minimum Standards Act 2012.\n\nDated: 24 March 2016\n\nRICHARD MILES\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nRichard Miles\n\nA/g GEMS Regulator\n\n1 Name of Instrument\n\nThis instrument is the Greenhouse and Energy Minimum Standards (Exemption) Instrument 2016.\n\n2 Authority\n\nThis instrument is made under subsections 37(1) and (2) of the Greenhouse and Energy Minimum Standards Act 2012.\n\n3 Commencement\n\nThis instrument commences the day after it is registered.\n\n4 Definitions\n\nIn this instrument:\n\nAct means the Greenhouse and Energy Minimum Standards Act 2012.\n\nDetermination means the Greenhouse and Energy Minimum Standards (Three Phase Cage Induction Motors) Determination 2012.\n\nExempt Model: see section 5.\n\n> Note: Several other words and expressions used in this instrument have the meaning given by section 5 of the Act. For example:\n\n> GEMS\n\n> GEMS determination\n\n> GEMS labelling requirements\n\n> GEMS level requirements\n\n> model\n\n> model identifier\n\n> product classes\n\n> supply\n\n5 Exemption\n\nThe model specified in clause 1 of the Schedule (the exempt model) is exempt from the requirements of the Determination as described at clause 2 of the Schedule with respect to the supplies of the exempt model specified at clause 3 of the Schedule.\n\n6 Conditions of exemption\n\nThe conditions at clause 4 of the Schedule are specified for the purposes of subsection 37(2) of the Act.\n\nNote: 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.  \n\nSchedule Exemption and conditions of exemption\n\nPart 1 Exemption\n\n1 Specification of exempt models\n\n| Model No.             | Registration No. |\n| --------------------- | ---------------- |\n| WEG 11kW 4P 415V 160M | N/A              |\n\n2 Requirements from which model is exempt\n\nRequirements of the Determination as follows:\n\n| GEMS level requirements (section 6) | The model is exempted from the energy use and testing requirements mentioned in section 6 of the Determination. |\n| ----------------------------------- | --------------------------------------------------------------------------------------------------------------- |\n\n3 Supplies to which the exemption applies\n\nThis exemption only applies in relation to the supply of 12 WEG motors with the specifications set out in clause 1 above.\n\n4 Specification of conditions of exemption\n\nThe exemption is subject to the condition that the product be supplied from the current stock of 12 WEG motors located at the Roy Hill site in the Pilbara Region of Western Australia with the specifications set out in clause 1 above.","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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by section 37 of the GEMS Act — granting a specific, limited exemption from energy efficiency requirements. The scope remains tightly constrained to the particular model, quantity, and location specified. There is no evidence of scope creep or expansion beyond the original statutory purpose."},"complexity_factors":["Very short document (approximately 1 page of substantive content)","Only 4 defined terms in the interpretation section","Single, specific exemption with no nested exceptions or conditional logic","No cross-references to other legislation beyond the parent Act and one Determination","Clear tabular format for the Schedule with unambiguous specifications","Straightforward condition: supply limited to 12 units from specific location"],"plain_english_summary":"This exemption lets a single company supply up to 12 units of one specific motor model (WEG 11kW 4P 415V 160M) without meeting Australia’s usual GEMS energy-efficiency requirements, provided those motors are taken from existing stock at the Roy Hill mining site in the Pilbara. It affects the holder of that stock and any buyers, and functions as a narrow, one-off “grandfathering” to avoid wasting limited legacy equipment."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument narrows the practical reach of the Determination by exempting a specified model and a defined supply (12 units) from its energy‑use and testing requirements. The Determination continues to apply generally, but its application is limited in this instance to permit supply from existing stock at Roy Hill without meeting the listed GEMS obligations (see cl.5 and Schedule cl.2–4)."},"complexity_factors":["Very narrow scope: single model and exactly 12 units specified (Schedule cl.1 and cl.3).","Specific stock/location condition ties exemption to existing inventory at Roy Hill (Schedule cl.4), increasing administrative specificity but not legal complexity.","Simple legal basis: made under ss.37(1)–(2) of the GEMS Act (Instrument cl.2), no new substantive rules introduced.","Exemption mechanics cross‑reference an existing Determination (Three Phase Cage Induction Motors Determination 2012) but only to remove its testing/energy requirements for the listed supply (Schedule cl.2).","Low ongoing regulator discretion in the instrument itself: one-off, conditional exemption rather than open-ended delegations.","Compliance effect is concentrated (benefit to the supplier of those units) while monitoring/enforcement burdens rest with regulators and purchasers relying on the condition (Schedule cl.4)."],"plain_english_summary":"This instrument, made by the GEMS Regulator under the GEMS Act, exempts one motor model (WEG 11kW 4P 415V 160M) from the Determination’s energy‑use and testing requirements for a specific supply of 12 motors held at the Roy Hill site in the Pilbara (see cl.5 and Schedule cl.1–3). Practically, it releases the supplier from those GEMS testing and level obligations for those 12 units, reducing the supplier’s compliance burden and leaving regulators and buyers to rely on the exemption condition (Schedule cl.2–4)."}},"importantCases":[],"_links":{"self":"/api/acts/greenhouse-and-energy-minimum-standards-exemption-instrument-2016","history":"/api/acts/greenhouse-and-energy-minimum-standards-exemption-instrument-2016/history","analysis":"/api/acts/greenhouse-and-energy-minimum-standards-exemption-instrument-2016/analysis","conflicts":"/api/acts/greenhouse-and-energy-minimum-standards-exemption-instrument-2016/conflicts","importantCases":"/api/acts/greenhouse-and-energy-minimum-standards-exemption-instrument-2016/important-cases","documents":"/api/acts/greenhouse-and-energy-minimum-standards-exemption-instrument-2016/documents"}}