{"id":"F2012L02037","name":"Greenhouse and Energy Minimum Standards Regulation 2012","slug":"greenhouse-and-energy-minimum-standards-regulation-2012","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"239 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437686,"registerId":"F2012L02037-fast-fetch-1775954436840","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Greenhouse and Energy Minimum Standards Regulation 2012","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: Greenhouse Energy Minimum Standards Regulations 2011\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms](image.001.png)\n\nGreenhouse and Energy Minimum Standards Regulation 20121\n\nSelect Legislative Instrument 2012 No. 239\n\nI, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Greenhouse and Energy Minimum Standards Act 2012.\n\nDated 11 October 2012\n\nQUENTIN BRYCE\n\nGovernor-General\n\nBy Her Excellency’s Command\n\nMARK DREYFUS\n\nParliamentary Secretary for Climate Change and Energy Efficiency\n\nContents\n\nPart 1 Preliminary\n\n 1.1 Name of regulation\n\n 1.2 Commencement\n\n 1.3 Definitions\n\nPart 4 GEMS determinations\n\nDivision 4.1 Exempting models of GEMS products from GEMS determinations\n\n 4.1.1 Purpose of Division\n\n 4.1.2 GEMS Regulator may exempt model of GEMS product from requirements of GEMS determination\n\n 4.1.3 Application for exemption\n\n 4.1.4 GEMS Regulator may request further information or documentation\n\n 4.1.5 Matters to which GEMS Regulator must have regard\n\n 4.1.6 Matters to which GEMS Regulator may have regard\n\n 4.1.7 GEMS Regulator to provide notice of decision on application for exemption\n\nPart 5 Registering models of GEMS products\n\n 5.1 Application requirements—contact persons and contact details\n\n \n\n \n\nPart 1 Preliminary\n\n \n\n1.1 Name of regulation\n\n  This regulation is the Greenhouse and Energy Minimum Standards Regulation 2012.\n\n1.2 Commencement\n\n  This regulation commences on the day after it is registered.\n\n1.3 Definitions\n\n  In this regulation:\n\nABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\nACN has the meaning given by section 9 of the Corporations Act 2001.\n\nAct means the Greenhouse and Energy Minimum Standards Act 2012.\n\nPart 4 GEMS determinations\n\nDivision 4.1 Exempting models of GEMS products from GEMS determinations\n\n4.1.1 Purpose of Division\n\n  For section 37 of the Act, the purpose of this Division is to set out the circumstances in which the GEMS Regulator may exempt a model of a GEMS product from the requirements of a GEMS determination.\n\n4.1.2 GEMS Regulator may exempt model of GEMS product from requirements of GEMS determination\n\n  The GEMS Regulator may exempt a model of a GEMS product from one or more requirements of a GEMS determination:\n\n (a) on the GEMS Regulator’s own initiative; or\n\n (b) on application by a supplier or commercial user of the GEMS product.\n\n4.1.3 Application for exemption\n\n (1) An application for an exemption must:\n\n (a) be in a form approved by the GEMS Regulator; and\n\n (b) set out the contact details mentioned in subsection (2); and\n\n (c) set out the reasons for seeking the exemption including addressing the matters mentioned in section 4.1.5; and\n\n (d) be accompanied by documentation supporting the applicant’s reasons for seeking the exemption.\n\n (2) For paragraph (1) (b), the contact details for an applicant are the following:\n\n (a) if the applicant is an individual—the name of the individual;\n\n (b) if the applicant is a business:\n\n (i) the name of the business; and\n\n (ii) the trading name of the business (if any); and\n\n (iii) the ABN or ACN for the business;\n\n (c) the applicant’s address, phone number, fax number and email address.\n\n4.1.4 GEMS Regulator may request further information or documentation\n\n (1) The GEMS Regulator may request, by written notice, that the applicant provide further information or documentation to support the application, by the time specified in the notice.\n\n (2) If the GEMS Regulator requests the applicant to provide further information or documentation, the GEMS Regulator may refuse to consider the application until the applicant provides the information or documentation.\n\n4.1.5 Matters to which GEMS Regulator must have regard\n\n  In deciding whether to exempt a model of a GEMS product, or to specify a condition to which an exemption is subject, the GEMS Regulator must have regard to the following matters:\n\n (a) the impact on Australia’s greenhouse gas emissions if the exemption is granted;\n\n (b) any grounds relied upon, or matters considered, in the making of the GEMS determination for the GEMS product under section 23 of the Act, including the matters considered in determining the efficiency and labelling requirements.\n\n4.1.6 Matters to which GEMS Regulator may have regard\n\n  In deciding whether to exempt a model of a GEMS product, or specify a condition to which an exemption is subject, the GEMS Regulator may have regard to the following matters:\n\n (a) the cost to the applicant of complying with the GEMS determination if the exemption is not granted;\n\n (b) whether imposing a condition on the exemption under subsection 37 (2) of the Act could:\n\n (i) minimise or prevent a negative impact on Australia’s greenhouse gas emissions that may result from granting the exemption; and\n\n (ii) deliver a reasonable outcome for the applicant;\n\n (c) any other matter the GEMS Regulator considers relevant.\n\n4.1.7 GEMS Regulator to provide notice of decision on application for exemption\n\n (1) The GEMS Regulator must give the applicant written notice of the GEMS Regulator’s decision on an application for an exemption as soon as practicable after the decision is made.\n\n (2) If the notice is given to the contact person for the applicant, it is taken to have been given to the applicant.\n\nPart 5 Registering models of GEMS products\n\n \n\n5.1 Application requirements—contact persons and contact details\n\n (1) This section is made for section 42 of the Act.\n\nContact persons\n\n (2) The contact person for the applicant must be an officer or employee of the applicant.\n\nContact details\n\n (3) The contact details for the applicant are the following:\n\n (a) if the applicant is an individual—the name of the individual;\n\n (b) if the applicant is a business:\n\n (i) the name of the business; and\n\n (ii) the trading name of the business (if any); and\n\n (iii) the ABN or ACN for the business;\n\n (c) the applicant’s address, phone number, fax number and email address.\n\n (4) The contact details for the contact person are the following:\n\n (a) the contact person’s name;\n\n (b) the position of the contact person with the applicant;\n\n (c) the contact person’s address, phone number, fax number and email address.\n\nNote\n\n1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This regulation appears to serve its original intended purpose as a straightforward procedural companion to the GEMS Act 2012. It establishes exemption processes and registration requirements as anticipated by the parent Act (sections 37 and 42). There is no evidence of scope creep; the content is limited to administrative machinery provisions necessary to operationalise the primary legislation."},"complexity_factors":["Short length (approximately 5 substantive sections across 2 Parts)","Minimal defined terms (only 3: ABN, ACN, and Act)","Straightforward procedural structure with clear sequential steps","No nested exceptions or complex conditional logic","Limited cross-referencing (only references to sections 37 and 42 of the parent Act, and standard definitions from other Acts)","Clear separation between mandatory considerations ('must have regard') and discretionary considerations ('may have regard')"],"plain_english_summary":"This regulation establishes the practical process for businesses to seek exemptions from Australia’s appliance energy-efficiency standards under the GEMS Act. It affects suppliers, manufacturers, commercial users and the GEMS Regulator by requiring formal applications, a nominated contact, and consideration of greenhouse gas impacts when granting exceptions. It matters because it creates a transparent, conditional route for necessary non‑compliance while prioritising environmental outcomes."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This regulation implements procedural and evidentiary rules under the Greenhouse and Energy Minimum Standards Act 2012: it sets out how exemptions for specific product models are applied for, assessed and decided, and prescribes contact and registration detail requirements. It does not materially broaden or change the substantive scope of the GEMS regime established by the Act; rather, it provides the administrative mechanism for exercising exemption and registration functions already contained in the Act (see cross-references to ss 23, 37 and 42 of the Act)."},"complexity_factors":["Short instrument: four substantive sections for exemptions (4.1.1–4.1.7) plus one registration section (5.1) and three preliminary provisions (1.1–1.3).","Small number of defined terms expressly in the regulation (ABN, ACN, Act) — relies heavily on definitions in the parent Act.","Multiple cross-references to the Act (sections 23, 37, 42, and subsection 37(2)) which require readers to consult the Act for substantive limits and powers.","Mixture of mandatory and discretionary tests (\"must have regard\" v. \"may have regard\") requiring careful reading to determine legal obligations versus permitted considerations.","Procedural conditionality: application form approval, mandatory supporting documentation, power to request further information, and refusal-to-consider until supplied (nested conditions).","Open-ended phrasing (e.g. \"any other matter the GEMS Regulator considers relevant\") increases interpretive discretion and complexity in application outcomes.","Administrative detail on required contact information and requirement that contact person be an officer or employee (section 5.1) — simple but prescriptive."],"plain_english_summary":"**What this regulation does (mechanically)**\n\n- **Authorises the GEMS Regulator to grant exemptions.** The Regulator may exempt a specific model of a GEMS product from one or more requirements in a GEMS determination either on its own initiative or following an application from a supplier or commercial user (section 4.1.2).\n\n- **Sets the application and supporting-document rules.** An exemption application must be in the Regulator’s approved form, include contact details, state the reasons for the exemption addressing specified matters, and be supported by documentation (section 4.1.3). The Regulator can ask for more information in writing and may refuse to consider the application until the information is provided (section 4.1.4).\n\n- **Directs what the Regulator must and may consider.** When deciding whether to grant an exemption (or attach conditions), the Regulator **must** consider: the impact on Australia’s greenhouse gas emissions and any grounds or matters relied on when the relevant GEMS determination was made (section 4.1.5). The Regulator **may** also consider the applicant’s compliance cost, whether conditions could reduce any negative emissions impact while delivering a reasonable outcome for the applicant, and any other relevant matter (section 4.1.6).\n\n- **Requires a written decision notice.** The Regulator must give the applicant written notice of the decision as soon as practicable. If the notice is given to the nominated contact person, that counts as giving it to the applicant (section 4.1.7).\n\n- **Specifies registration contact requirements.** For registering models, the regulation requires that the contact person be an officer or employee of the applicant and lists the contact details that must be supplied for both the applicant and the contact person (section 5.1).\n\n**Who this affects**\n\n- Suppliers and commercial users of products covered by the Greenhouse and Energy Minimum Standards (GEMS) framework who may seek exemptions for specific models.\n- The GEMS Regulator, which gains decision-making discretion and procedural powers under this instrument.\n- Indirectly, purchasers and competitors in markets for covered products, because exemptions change which models can be supplied and under what conditions.\n\n**Why it matters (stated purpose and how it operates in practice)**\n\n- The regulation implements the Act’s power to exempt by defining the procedural steps, required content of applications, and the legal considerations the Regulator must and may take into account (see section 4.1.1 for the stated purpose). In effect, it creates an administrative pathway for particular product models to be treated differently from the baseline standards set in GEMS determinations.\n\n- The stated policy balance is between limiting greenhouse gas emissions (a mandatory consideration under s4.1.5) and easing compliance costs for particular businesses (an optional consideration under s4.1.6). The Regulator can impose conditions on an exemption to reduce emissions impacts while allowing the applicant some relief from a strict compliance outcome (s4.1.6(b)).\n\n**Costs, incentives, trade-offs and implementation risks**\n\n- Who pays: Applicants pay the direct costs of preparing the application and supporting evidence, and they bear the risk of application delay or refusal. Regulator resources are consumed in processing and assessing exemption applications.\n\n- Incentives and behaviour: The availability of exemptions creates an incentive for suppliers to seek relief from specific technical or cost burdens. That may preserve supply of certain models but also provides a route for models that do not meet baseline standards to remain on the market, subject to any conditions imposed.\n\n- Trade-offs: Granting exemptions may lower immediate compliance costs for particular suppliers (s4.1.6(a)) but can raise aggregate greenhouse gas emissions if not properly conditioned; the Regulator must weigh emissions impacts (s4.1.5(a)) against applicant costs and may attach conditions to mitigate emissions effects (s4.1.6(b)).\n\n- Compliance burden and uncertainty: The regulation is primarily procedural. It creates predictable application content requirements but also grants the Regulator broad discretion (for example, to request further information, refuse to consider incomplete applications, and take “any other matter” into account—s4.1.4, s4.1.6(c)). That discretion can create uncertainty for applicants about likely outcomes and timescales.\n\n- Risk of uneven outcomes: Because the Regulator may consider a wide range of matters and has powers to impose conditions, similar applications could receive different outcomes if facts differ or if the Regulator’s exercise of discretion changes over time. The regulation does require written decisions (s4.1.7), which supports procedural transparency.\n\n**Practical effects on markets and administration**\n\n- Administratively, the instrument formalises how exemptions and registrations are processed (forms, contact details, evidence). It does not itself change substantive standards in GEMS determinations but provides the mechanism for selective relief from those standards.\n\n- For market participants, the regulation lowers the barrier to requesting an exemption but does not guarantee relief; suppliers must provide evidence and may face conditions intended to protect emissions outcomes.\n\n**Key cross-references and limits**\n\n- The regulation operates under, and complements, the Greenhouse and Energy Minimum Standards Act 2012; it cross-references the Act (for example, sections 23, 37 and 42 of the Act are relevant to determinations, the exemption power, and registration) and therefore does not replace substantive rulemaking in GEMS determinations.\n\n(References: sections 4.1.1–4.1.7 and 5.1 of the Greenhouse and Energy Minimum Standards Regulation 2012.)"},"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"}},"importantCases":[],"_links":{"self":"/api/acts/greenhouse-and-energy-minimum-standards-regulation-2012","history":"/api/acts/greenhouse-and-energy-minimum-standards-regulation-2012/history","analysis":"/api/acts/greenhouse-and-energy-minimum-standards-regulation-2012/analysis","conflicts":"/api/acts/greenhouse-and-energy-minimum-standards-regulation-2012/conflicts","importantCases":"/api/acts/greenhouse-and-energy-minimum-standards-regulation-2012/important-cases","documents":"/api/acts/greenhouse-and-energy-minimum-standards-regulation-2012/documents"}}