{"id":"F2013L01500","name":"Greenhouse and Energy Minimum Standards (Television) Determination 2013 (No.2)","slug":"greenhouse-and-energy-minimum-standards-television-determination-2013-no-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":91315,"registerId":"commonwealth-F2013L01500-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Greenhouse and Energy Minimum Standards (Television) Determination 2013 (No.2)","content":"![](image.001.png)\n\nGreenhouse and Energy Minimum Standards (Television) Determination 2013 (No.2)1\n\nGreenhouse and Energy Minimum Standards Act 2012\n\nI, GARY GRAY, Minister for Resources and Energy, make this Determination, under section 23 and section 35 of the Greenhouse and Energy Minimum Standards Act 2012.\n\nDated 29 July 2013\n\n‘\n\nGary Gray\n\nMinister for Resources and Energy\n\n  \nCOPYRIGHT\n\n© 2013 Commonwealth of Australia\n\nThis Determination includes material from Australian Standards and/or Australian/New Zealand Standards, which are copyright Standards Australia Ltd. Apart from reproduction for personal and non-commercial use, and uses permitted under the Copyright Act 1968, Standards Australia Ltd material may not be reproduced without permission or licence.\n\nWith the exception of the Commonwealth Coat of Arms, Commonwealth copyright material is licensed under the Creative Commons Attribution-Non-Commercial-ShareAlike 3.0 Australia Licence. To view a copy of this license, visit [http://creativecommons.org/licenses/by-nc-sa/3.0/](http://creativecommons.org/licenses/by-nc-sa/3.0/).\n\nYou are free to copy, communicate and adapt the Commonwealth copyright material, so long as you attribute the Commonwealth of Australia.\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 SAI Global Limited.\n\n  \n\n1 Name of Determination\n\nThis Determination is the Greenhouse and Energy Minimum Standards (Television) Determination 2013 (No.2).\n\n2 Commencement, Revocation and Replacement\n\n(1) This Determination comes into force on the day after it is registered.\n\n(2) This Determination revokes and replaces the Greenhouse and Energy Minimum Standards (Television) Determination 2013 (F2013L00630).\n\n3 Definitions\n\nIn this Determination:\n\n> Act means the Greenhouse and Energy Minimum Standards Act 2012.\n\n> AS/NZS 4665.1:2005 means Australian/New Zealand Standard AS/NZS 4665.1.2005 Performance of external power supplies – Test method and energy performance mark, as it existed on the date this Determination came into force.\n\n> Note 1: AS/NZS 4665.1:2005 is available from Standards Australia Limited.\n\n> Note 2: AS/NZS 4665.1:2005 includes all amendments up to and including AS/NZS 4665.1:2005/Amdt 1:2009 made on 27 February 2009.\n\n> AS/NZS 62087.1:2010 means Australian/New Zealand Standard AS/NZS 62087.1:2010 Power consumption of audio, video and related equipment - Methods of measurement, as it existed on the date this Determination came into force.\n\n> Note: AS/NZS 62087.1:2010 is available from Standards Australia Limited.\n\n> AS/NZS 62087.2.2:2011 means Australian/New Zealand Standard AS/NZS 62087.2.2:2011 Power consumption of audio, video and related equipment \\- Minimum energy performance standards (MEPS) and energy rating label requirements for television sets, as it existed on the date this Determination came into force.\n\n> Note 1: AS/NZS 62087.2.2:2011 is available from Standards Australia Limited.\n\n> Note 2: AS/NZS 62087.2.2:2011 includes all amendments up to and including AS/NZS 62087.2.2/Amdt 2:2012 made on 14 December 2012.\n\n> Australian/New Zealand Standard means a standard that is jointly published by Standards Australia and Standards New Zealand, is applicable in both countries and denoted by the letters “AS/NZS” and identifying numbers and/or letters.\n\n> Australian Standard means a standard that is published by Standards Australia Limited denoted by the letters “AS” and identifying numbers and/or letters.\n\n> IEC Standard means a standard that is published by, or on behalf of, the International Electrotechnical Commission.\n\nIEEE standard means a standard that is published by Institute of Electrical and Electronics Engineers Publications denoted by the letters “IEEE” and identifying numbers and/or letters.\n\nsold in modular form means the display or monitor is sold with an accompanying external television tuner.\n\n> standard means an Australian Standard, an Australian/New Zealand Standard, an IEC Standard, an IEEE standard or any other equivalent document.\n\n> television means an appliance for the display and possible reception of television broadcast and similar services for terrestrial, cable, satellite and broadband network transmission of analogue or digital signals, and includes:\n\n> (a) a display or monitor with an inbuilt television tuner;\n\n> (b) a display or monitor without an inbuilt television tuner sold in modular form; and\n\n> (c) a television that has additional functions which are not required for its basic operation as a television.\n\nNote: This is the same meaning as in subclause 3.1.12 of AS/NZS 62087.1:2010.\n\n> Note: 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\n> supply\n\n> transitional GEMS labelling requirements\n\n4 Interpretation\n\n(1) If a term or phrase is not defined under the Act, the Regulations to the Act or in this Determination, but the term is defined in a standard mentioned specifically in section 3 of this Determination, the term or phrase is to be read for the purposes of this Determination as having the meaning of the term under the relevant standard.\n\n> Note: Notwithstanding this, for convenience to users, the key terms for ascertaining if a product is covered by this Determination are defined in this Determination.\n\n(2) For the purposes of this Determination the applicable version of any document, including a standard, that:\n\n(a) is referred to in a standard under the heading ‘Normative References’ or under an equivalent heading in a standard; and\n\n(b) must be applied to give effect to this Determination or a standard referred to in this Determination,\n\n    is the version of the document, including a standard, that existed at the date this Determination came into force.\n\n> Note: For example clause 3.2 of AS 62087.2.2:2011 requires that ‘On (average)’ power measurements shall be performed using the dynamic broadcast video signals and using the measuring conditions specified for television sets in ‘On (average)’ mode as specified in AS/NZS 62087.1:2010. The applicable version of AS/NZS 62087.1:2010 is the version that existed at the date this Determination came into force.\n\n5 Specified product class covered by this Determination\n\n(1) This Determination covers televisions that are designed to be connected to 230 or 240 volts mains voltage by means of:\n\n(a) a direct connection;\n\n(b) a power supply permanently connected to the television (including a power supply within the television, as a component and so the user only sees a 230 or 240 volts alternating current supply connection); or\n\n(c) an external power supply that:\n\n(i) can be disconnected from the television; and\n\n(ii) can be operated without batteries; and\n\n(iii) is not specifically for charging batteries.\n\nNote 1: This subsection reflects the scope specified in clause 1.3 of AS/NZS 62087.2.2:2011.\n\n> Note 2: This subsection specifies products that are covered by the Determination. See subsection (3) for products that are not covered.\n\n(2) The products covered by this Determination form a single product class for the purposes of the Act.\n\n(3) For subsection 23 (2) of the Act, this Determination does not cover a television that:\n\n(a) does not have a tuner and is not sold in a modular form; or\n\n(b) displays broadcasts by means of front or rear projection.\n\nNote: This subsection reflects the exclusions in clause 1.2 of AS/NZS 62087.2.2:2011.\n\n6 GEMS level requirements\n\nEnergy use and greenhouse gas production\n\n(1) For paragraphs 24 (1) (a) and 25 (a) of the Act, the specified requirements for energy use are the requirements mentioned in clause 5.3 of AS/NZS 62087.2.2:2011.\n\nConducting tests\n\n(2) Subject to subsection 6 (3) of this Determination, for paragraphs 24 (1) (a) and 25 (b) of the Act, the specified requirements for conducting tests are the requirements mentioned in section 3 of AS/NZS 62087.2.2:2011.\n\nTelevision with external power supply that can be disconnected\n\n(3) For subsection 6 (2) of this Determination, for televisions that are powered by an external power supply that can be disconnected from the television, all energy performance measurements are to include the energy consumption of the external power supply, as follows:\n\n(a) if the external power supply is supplied with the television—the television is to be tested with that external power supply; and\n\n(b) if the external power supply is not supplied with the television—the television is to be tested with an external power supply of Energy Performance Mark III within the meaning of that term in AS/NZS 4665.1:2005.\n\n7 GEMS labelling requirements\n\nLabelling and communication requirements\n\n(1) For paragraphs 24 (1) (b), 26 (1) (a) and 26 (1) (b) of the Act, the specified labelling and communication requirements are the requirements mentioned in section 4 (Energy Label) of AS/NZS 62087.2.2:2011, but excluding:\n\n(a) the sentence in clause 4.1 of AS/NZS 62087.2.2:2011—“In Australia, until 31 March 2013, and in New Zealand, when Tier 1 MEPS and Labelling requirements are incorporated by reference into legislation in New Zealand—BEC = base energy consumption calculated as 127.75 + 0.1825 × Screen area (cm2)”; and\n\n(b) the words in clause B3 (a) (ii) of Appendix B of AS/NZS 62087.2.2:2011—“for products manufactured or imported before 1 October 2013”.\n\nNote 1: This section specifies the GEMS labelling requirements for Tier 2 MEPS and labelling as set out in AS/NZS 62087.2.2:2011. This requirement replaces the GEMS labelling requirements in the Greenhouse and Energy Minimum Standards (Television) Determination 2012 (F2012L02115) which were for Tier 1 MEPS and labelling in AS/NZS 62087.2.2:2011.\n\nNote 2: The GEMS labelling requirements include the use of the transitional label set out in Figure B6 of Appendix B of AS/NZS 62087.2.2:2011. This label can be used instead of the Tier 2 base label for all products covered by this Determination for the whole time this Determination is in force.\n\nConducting tests\n\n(2) For paragraphs 24 (1) (b) and 26 (1) (c) of the Act, the specified requirements for conducting tests are the requirements mentioned in section 3 of AS/NZS 62087.2.2:2011.\n\nTransitional GEMS labelling requirements\n\n(3) For paragraphs 24 (1) (b), 26 (1) (a) and 26 (1) (b) of the Act, the specified transitional GEMS labelling requirements are either:\n\n(a) the labelling requirements in section 7 of the Greenhouse and Energy Minimum Standards (Television) Determination 2012 (F2012L02115); or\n\n(b) the labelling requirements in sections 7 (1) and 7 (2) of this Determination.\n\n(4) The specified transitional GEMS labelling requirements are applicable only to products that were registered under the Greenhouse and Energy Minimum Standards (Television) Determination 2012 (F2012L02115) and meet the requirements in section 6 of this Determination.\n\nNote: The Greenhouse and Energy Minimum Standards (Television) Determination 2012 (F2012L02115) was revoked by the Greenhouse and Energy Minimum Standards (Television) Determination 2013 (F2013L00630). However, the labelling requirements in section 7 of the Greenhouse and Energy Minimum Standards (Television) Determination 2012 (F2012L02115) are an alternative to the labelling requirements in subsections 7(1) and 7(2) of this Determination for the purposes of the transitional labelling requirements.\n\n8 Other GEMS requirements\n\nPerformance requirements\n\n(1) For subsection 24 (2) and paragraph 27 (1) (b) of the Act, the specified requirements relating to the performance of products are the requirements mentioned in the following clauses of AS/NZS 62087.2.2:2011:\n\n(a) 2.1 (Recommended Home Viewing Picture Mode);\n\n(b) 2.2 (User Selection of the Recommended Home Viewing Picture Mode);\n\n(c) 2.3 (Implementation of Picture Set-up or Installation Menus);\n\n(d) 2.4 (Picture Mode Luminance); and\n\n(e) 2.5 (On Screen Warning When Set In ‘Store’ Mode).\n\nConducting tests\n\n(2) For subsection 24 (2) and paragraph 27 (1) (e) of the Act, the specified requirements for conducting tests are the requirements mentioned in clause 2.4 of AS/NZS 62087.2.2:2011 (Picture Mode Luminance).\n\n9 Families of models\n\nFor section 28 of the Act, the specified circumstances in which two or more models of products covered by this Determination are in the same family of models are the circumstances mentioned in clause 1.6 of AS/NZS 62087.2.2:2011.\n\n10 Product categories\n\nFor section 29 of the Act, the products covered by this Determination are category A products.\n\n11 Registrations affected by this Determination\n\nFor section 36 of the Act, this Determination does not affect the registration of any model registered against the Greenhouse and Energy Minimum Standards (Television) Determination 2013 (F2013L00630).\n\nNote: If a model’s registration is not affected the model is taken to be registered against this Determination. See section 36 of the Act.\n\n> Note\n\n> Note: 1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Compared with the earlier television GEMS instrument it replaces, this Determination updates and tightens the legal instrument by adopting Tier 2 MEPS and labelling requirements from AS/NZS 62087.2.2:2011 and by expressly requiring that detachable external power supplies be included in energy measurements or a specified benchmark be used (cl.6(1)–(3), cl.7). It revokes the earlier Determination and carries over registrations (cl.2, cl.11). The product class covered remains televisions (no broadening to new product types), but the substantive performance and labelling requirements are elevated (Tier 2) and the test‑method/legal linkage to particular published standard editions is made explicit (cl.4(2)). Transitional labelling is preserved for already‑registered models (cl.7(3)–(4))."},"complexity_factors":["Multiple external technical standards referenced and adopted (AS/NZS 62087.2.2:2011, AS/NZS 62087.1:2010, AS/NZS 4665.1:2005) (cl.3, cl.4)","Operative versions of standards are frozen to their state at commencement, requiring attention to historical versions (cl.4(2))","Cross‑references to the Greenhouse and Energy Minimum Standards Act 2012 and prior Determinations (cl.1, cl.2, cl.11 and notes)","Several defined terms and use of definitions from external standards (cl.3, cl.4(1)) — key definitions appear across the Determination and the referenced standards","Conditional rules and exceptions (e.g. how to treat detachable external power supplies depending on whether they are supplied with the TV) (cl.6(3))","Transitional arrangements and alternative labelling paths for previously registered products (cl.7(3)–(4))","Technical performance requirements that import measurement method detail (picture‑mode rules in cl.8 referencing standard clauses)","Family‑of‑models rule that delegates grouping criteria to an external standard (cl.9)","Legal effect of revoking and replacing a prior instrument while preserving existing registrations (cl.2, cl.11)"],"plain_english_summary":"**What this Determination does (mechanically)\n\n- Replaces the earlier television GEMS determination and sets the legal rules that apply to energy performance testing and labelling for televisions sold in Australia (it revokes and replaces the 2013 instrument it names) (cl.2).\n\n- Declares which televisions are covered and which are excluded. Covered products are TVs designed to be connected to 230–240 V mains either directly, by an internal permanently‑connected power supply, or by an external (non‑battery‑charging) power supply that can be disconnected. Excluded are displays without tuners (unless sold with an external tuner) and front/rear‑projection sets (cl.5(1)–(3)).\n\n- Makes Australian/New Zealand industry standards (AS/NZS 62087.2.2:2011 and related standards) the operative technical rules for:\n  - the energy‑use (MEPS) requirements (cl.6(1));\n  - how to conduct power and performance tests (cl.6(2), cl.7(2)); and\n  - the labelling format and information that must be provided with TVs (cl.7(1)).\n  These references are to the versions of those standards that existed on the Determination’s commencement date (cl.3 and cl.4(2)).\n\n- Requires that when a television uses a detachable external power supply the measured energy performance must include the power supply’s consumption. If the supplier does not provide the external supply the TV must be tested with a specified benchmark external supply (an Energy Performance Mark III unit from AS/NZS 4665.1:2005) (cl.6(3)).\n\n- Specifies certain performance and user‑interface requirements (picture mode, warnings when in store mode, and related labelling of the recommended viewing picture mode) by adopting particular clauses of AS/NZS 62087.2.2:2011 (cl.8).\n\n- Adopts the standard’s rules for grouping models into a \"family of models\" for registration and compliance purposes (cl.9) and classifies televisions as category A products under the Act (cl.10).\n\n- Preserves existing registrations made under the revoked Determination so those models remain registered under this instrument (cl.11).\n\nWhy it matters and who it affects\n\n- Affected parties: manufacturers, importers, wholesalers and retailers of televisions (the suppliers who place models onto the Australian market), testing laboratories, and to a lesser extent consumers who see energy labels and ultimately bear any price changes (see cl.5, cl.6, cl.7).\n\n- Suppliers must ensure models meet the minimum energy performance standards (MEPS) and must register and label models in accordance with the referenced AS/NZS standards (cl.6(1), cl.7(1), cl.9, cl.11). That creates obligations around testing, documentation and labelling before sale.\n\n- Suppliers face direct compliance costs: commissioning tests to the specified standards, buying copies of the standards (copyright material), applying labels and possibly redesigning models to meet higher MEPS. Those are supplier costs that may be passed on in prices. Where an external power supply is detachable, suppliers must also test (or provide) the external supply used for measurement (cl.6(3)).\n\nOfficial purpose claims and practical trade‑offs\n\n- The instrument implements the energy performance and labelling requirements set out in AS/NZS 62087.2.2:2011 (cl.6–8). Its stated purpose is to ensure consistent measurement, labelling and minimum performance for televisions (see cl.6–8).\n\n- Trade‑offs and costs: The Determination increases certainty about the test method and labels by locking in specific standard editions (cl.4(2)), but that also ties legal compliance to copyrighted standards the suppliers must obtain. Testing and labelling create administrative and financial costs for suppliers; the Determination does not provide enforcement details here but relies on the Act’s registration and compliance framework (see cl.11 and references to the Act). These compliance costs can affect product choice (suppliers may withdraw models that fail MEPS) and pricing.\n\n- Incentives and behaviour: Suppliers are incentivised to design TVs to meet the referenced MEPS (cl.6(1)) and to disclose energy information on the standard label (cl.7(1)). The family‑of‑models rule (cl.9) can reduce testing burden by grouping similar models, but it also concentrates judgement on how similarity is defined under the adopted standard.\n\nImplementation details and risks\n\n- The Determination depends heavily on externally published technical standards (AS/NZS and AS/NZS referencing other documents). The operative versions are frozen as at commencement (cl.4(2)); future changes in those standards will not automatically apply without legislative change. That reduces regulatory uncertainty short‑term but may create a lag before the law reflects technical progress.\n\n- The instrument preserves transitional labelling options for models previously registered under the revoked Determination (cl.7(3)–(4)), limiting immediate relabelling costs for those suppliers.\n\nWho pays, who decides, and what changes\n\n- Who pays: Suppliers (manufacturers/importers/retailers) bear the direct costs of testing, labelling and any product updates needed to meet MEPS; consumers may indirectly pay through prices. Testing labs/consultants receive fees for measurement services.\n\n- Who decides: The Minister made the Determination under the Greenhouse and Energy Minimum Standards Act 2012 (statement on front page and cl.1). Operationally, compliance decisions (registration, enforcement) are governed by the Act’s framework and GEMS administration.\n\n- What behaviour changes: Suppliers must register models, test energy performance using the referenced methods, include the specified energy label, and ensure external power supplies are accounted for in measurements when relevant (cl.6–7, cl.9). Models failing MEPS cannot be lawfully supplied.\n\nSections to check in detail when applying this Determination\n\n- Coverage and exclusions (cl.5).\n- Test and measurement rules, including external power supply treatment (cl.6(2)–(3), cl.4(2)).\n- Labelling and permissible transitional labelling (cl.7(1)–(4)).\n- Performance requirements (picture modes and warnings) that must be met (cl.8(1)).\n- Families of models and registration carry‑over (cl.9, cl.11)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Determination appears to maintain its original scope as an energy efficiency instrument for televisions. While it updates from Tier 1 to Tier 2 MEPS requirements and includes transitional arrangements for products registered under the previous 2012 Determination, this represents a planned regulatory progression rather than scope creep. The product coverage (televisions connected to 230-240V mains) and exclusions (projection TVs, monitors without tuners) remain consistent with the original regulatory intent of the GEMS television determinations."},"complexity_factors":["Heavy reliance on incorporated external standards (AS/NZS 62087.2.2:2011, AS/NZS 62087.1:2010, AS/NZS 4665.1:2005) which contain the actual technical requirements, meaning the full legal effect requires cross-referencing multiple documents not contained in the Determination itself","Version-locking mechanism in section 4(2) creates complexity by freezing applicable standards to versions existing at commencement date, requiring historical version tracking","Nested conditional logic for external power supplies in section 6(3) with two distinct testing scenarios depending on whether the power supply is bundled with the television","Transitional labelling provisions in section 7(3)-(4) create parallel compliance pathways referencing a revoked predecessor instrument (2012 Determination)","Selective exclusion of specific clauses from incorporated standards (section 7(1)(a)-(b)) requiring careful textual comparison between the Determination and the standard","11 defined terms in section 3, several of which themselves reference external standards or complex product categories (e.g., 'sold in modular form')","Interaction with parent Act (GEMS Act 2012) provisions requiring understanding of registration, family of models, and category A product concepts defined elsewhere"],"plain_english_summary":"This law limits how much energy televisions sold in Australia can use and requires prominent energy-efficiency labels so buyers can compare models. It applies to most standard TVs and binds manufacturers, importers and retailers to meet testing standards and display correct labels before sale.\n\nBy raising minimum efficiency and improving transparency, it cuts household electricity costs and helps reduce greenhouse gas emissions."},"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-television-determination-2013-no-2","history":"/api/acts/greenhouse-and-energy-minimum-standards-television-determination-2013-no-2/history","analysis":"/api/acts/greenhouse-and-energy-minimum-standards-television-determination-2013-no-2/analysis","conflicts":"/api/acts/greenhouse-and-energy-minimum-standards-television-determination-2013-no-2/conflicts","importantCases":"/api/acts/greenhouse-and-energy-minimum-standards-television-determination-2013-no-2/important-cases","documents":"/api/acts/greenhouse-and-energy-minimum-standards-television-determination-2013-no-2/documents"}}